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01-15-13 Regular Meeting
City of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, January 15, 2013 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Regular of presentation being as follows: City Staff, public comments, Commission discussion Meeting 6:00 and official action. City Commission meetings are business meetings and the right to p.m. limit discussion rests with the Commission. Generally, remarks by an individual will Public be limited to three minutes or less. The Mayor or presiding officer has discretion to Hearings adjust the amount of time allocated. 7:00 p.m. Delray Beach City Hall 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. 100 N.W. 1st Avenue Delray The City will furnish auxiliary aids and services to afford an individual with a Beach, FL disability an opportunity to participate in and enjoy the benefits of a service, 33444 program, or activity conducted by the City. Contact the City Manager at 243 - Phone: (561) 7010, 24 hours prior to the event in order for the City to accommondate your 243 -7000 request. Adaptive listening devices are available for meetings in the Commission Fax: (561) Chambers. 243 -3774 REGULAR MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. December 18, 2012 - Special /Workshop Meeting 6. PROCLAMATIONS: A. Recognizing Black History Month - February 2013 7. PRESENTATIONS: A. Government Finance Officers Association Award — Certificate of Achievement for Excellence in Financial Reporting 8. CONSENT AGENDA: City Manager Recommends Approval A. ACCEPTANCE OF A SIDEWALK DEFERRAL /125 N.E. 13TH STREET: Approve acceptance of an agreement to defer installing a sidewalk along N.W. 13th Street for the property located at 125 N.E. 131h- Street. B. REQUEST FOR A SIDEWALK DEFERRAL/ 928 JASMINE DRIVE: Approve an agreement to defer installing a sidewalk along the south side of Jasmine Drive for the property located at 928 Jasmine Drive. C. REQUEST FOR A SIDEWALK DEFERRAL AND SIDEWALK EASEMENT AGREEMENT /1127 VISTA DEL MAR DRIVE S.: Approve a sidewalk easement and sidewalk deferral agreement to allow future construction of a sidewalk, for a proposed single family residence within the North Beach Overlay District for the property located at 1127 Vista Del Mar Drive S. D. ACCEPTANCE OF A RIGHT OF WAY DEED /125 N.E. 131H-- STREET: Accept a riLyht- of -wav deed for the dedication of 5' feet on the west side of N.E. 2nd Avenue for the property located at 125 N.E. 13th Street. E. CORRECTION TO ACCOUNT NUMBERS: ROSSO PAVING AND GRADING, INC. / BLOCK 19 AND 20 ALLEY IMPROVEMENTS: Approve a correction to account numbers which were inadvertently referenced for the contract award to Rosso Paving and Grading, Inc., in the amount of $120,000.00 from account number 334 - 3162 -541 -68.56 and $17,866.13 from 448 - 5461 -538 -68.56 for construction of Block 19 and 20 Alley Improvements. F. AGREEMENT /FAITH- HOPE -LOVE CHARITY, INC.: Approve an agreement with Faith — Hope — Love Charity, Inc. to occupy office space at the Neighborhood Resource Center and provide specific outreach services to Veterans. G. ADDITIONAL SCOPE /COASTAL CONTRACTING & DEVELOPMENT, INC.:Consider approval of additional scope to Coastal Contracting & Development, Inc. in the amount of $12,183.56 associated with connecting electrical panels to the Florida Power and Light (FPL) point of service for the Atlantic Avenue Gateway Art Feature Project. Funding to be paid out of the Contract's Undefined General Allowance. H. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS:212 N.W. 14TH AVENUE: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Jesus J. Aguirre -Rueda and Maria N. Gomez for the property located at 212 N.W. 14th Avenue sold for single - family homeownership. I. DELRAY BEACH PUBLIC ART BOARD: FLOR500 TEMPORARY ART PROJECT: Approve and authorize funding for the FLOR500 Temporary Art Project to be placed on the front lawn of City Hall which consists of nine (9) concrete planters containing various wildflowers in celebration of Ponce de Leon's discovery of the Florida peninsula. Funding is available from 115 - 1702 -579 -52.26 (Special Projects Funds: Operating Supplies /Gardening Supplies) and 115 - 1702 - 579 -49 -90 (Special Projects Funds:Other Current Charges). J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 31, 2012 through January 11, 2013. K. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Devland Site Development, Inc. in the amount of $120,000.00 for sludge removal and disposal "as needed ". Funding is available from 441- 5122 -536 -52.21 (Water and Sewer Fund: Operating Supplies /Chemicals). 2. Purchase award to Fisher Safety Fire and Emergency Services in the amount of $582,667.06 for the replacement of the Self- Contained Breathing Apparatus (SCBA) and associated components. Funding is available from 334- 2311 -522- 64.90 (General Construction Fund: Machinery Equipment /Other Machinery /Equipment). 3. Purchase award to PVS Technologies, Inc. in the amount of $220,000.00 for purchase and delivery of liquid ferric chloride "as needed ". Funding is available from 441 - 5122 -536 -52.21 (Water and Sewer Fund: Operating Supplies /Chemicals). COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS FROM THE PUBLIC - IMMEDIATELY FOLLOWING CONSENT AGENDA: A. City Manager's response to prior public comments and inquiries. B. From the Public. 10. REGULAR AGENDA: A. WAIVER REQUESTS /BELUGA WINE BAR AND RESTAURANT: Consider approval of three (3) waiver requests to Land Development Regulations (LDR) Sections 4.4.13(F)(4)(c)(1), "Lower Levels ", and Section 4.4.13 (F)(4)(c)(2), "Upper Levels ", pertaining to the CBD (Central Business District) building setback requirements for Beluga Wine Bar and Restaurant located at 44 S.E. 211d Avenue. (Quasi- Judicial Hearin B. WAIVER REQUEST/ LINTCO DEVELOPMENT: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.9(D)(3)(c)(1), "Stacking Distance ", to reduce the stacking distance from the required fifty feet (50') for parking lots with fifty -one (51) or more spaces to twenty -eight feet nine inches (28'9 ") at the northern entrance on S.W. 41h- Avenue for Lintco Development. (Quasi - judicial Hearin C. WAIVER REQUEST /DOWNTOWN BOWLING: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.18 (B)(14)(iv)(2), "Building and Structure Requirements ", to allow a minimum transparency or glass surface area on the ground floor along N.E. 2nd Avenue of 7.28% whereas 75% is required for Downtown Bowling located at 45 N.E. 211—d Avenue. (Quasi-Judicial Hearin 0 WAIVER OF SURETY BOND REQUIREMENT: SPODAK DENTAL GROUP FACILITY: Consider approval of a waiver of surety bond requirement to Land Development Regulations (LDR) 2.4.10(A), "Financial Guarantees, Surety Bond ", to reduce site bonding requirements for the Spodak Dental Group Facility to 110% of the value of water and sewer infrastructure with the condition that no Certificate of Occupancy be issued in any form for the facility prior to completion and certification of all required site improvements. (Quasi- Judicial Hearina) E. SCOPE OF SERVICES /COASTAL PLANNING & ENGINEERING, INC.: HURRICANE SANDY SAND DUNE REPAIR: Consider approval of a Scope of Services with Coastal Planning & Engineering, Inc. in the amount of $37,521.50 for Hurricane Sandy Sand Dune Repair. Funding is available from 332- 4164 -572 -31.30 (Beach Restoration Fund: Professional Services /Engineering /Architectural). F. BID AWARD /INNOVATIVE METERING SOLUTIONS, INC. (IMS): Consider a bid award to Innovative Metering Solutions, Inc. (IMS) for Contract 1 of the Meter Replacement and Advanced Metering Infrastructure (AMI) project with the first year cost not to exceed $1,758,082.55. Funding is available from 442 - 5178 -536 -64.46 (Water & Sewer Renewal & Replacement Fund: Machinery /Eduipment /Automated Meter Reading). G. EMPLOYMENT AGREEMENT /CITY MANAGER: Consider an Employment Agreement between the City of Delray Beach and Mr. Louie Chapman. H. REASSIGNMENT OF COMMISSION LIAISON APPOINTMENTS: of City Commission Liaison Appointments to various Advisory Boards and outside agencies. I. BID PROPOSAL/ UNITED STATES TENNIS ASSOCIATION (USTA): FED CUP SEMI - FINALS: Consider approval of a bid proposal to the United States Tennis Association (USTA) to be the host site for the 2013 FED Cup Semi - Finals if held in the United States. J. 2013 PROPOSED STATE LEGISLATIVE PRIORITIES: Consider auuroval of the 2013 proposed State Legislative Priorities. K. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to the Code Enforcement Board to serve a three (3) vear term ending January 14, 2016. Based upon the rotation system, the appointment will be made by Commissioner Morrison (Seat #1). L. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) regular members to the Education Board to serve unexpired terms ending July 31, 2013. Based upon the rotation system, the appointments will be made by Mayor Carney (Seat #5) and Commissioner Morrison (Seat #1). M. LICENSE AGREEMENT /32 EAST RESTAURANT: Consider approval of a license agreement with 32 East Restaurant to allow a balcony to extend into the public right of way. (ADDENDUM) N. MODIFICATION NO. 3 TO THE NEIGHBORHOOD STABILIZATION PROGRAM - 1 (NSP -1) GRANT AGREEMENT: Consider approval of Modification No. 3 to the Neighborhood Stabilization Program (NSP -1) Grant Agreement to extend the contract ending date to August 15, 2013. (ADDENDUM) 11. PUBLIC HEARINGS: A. NONE 12. FIRST READINGS: A. ORDINANCE NO. 01 -13: Consider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Section 3.12, "Procedure" to provide that the reduirement for a roll call vote be removed from the Charter and that the voting Procedure shall be set forth in the rules of the Commission and that the votes need not be in the affirmative but there still must be three concurring votes on an item; providing for a referendum on March 12, 2013. If passed, a public hearing will be held on February 5, 2013. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission SPECIAL /WORKSHOP MEETING DECEMBER 18, 2012 A Special /Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at 5:00 p.m., on Tuesday, December 18, 2012. Roll call showed: Present - Commissioner Thomas F. Carney, Jr. Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Mayor McDuffie called the Special /Workshop meeting to order and announced that it had been called for the purpose of considering the following Items. SPECIAL MEETING AGENDA 1. DISTRICT OFFICE LEASE AGREEMENT/ STATE SENATOR: Consider approval of a District Office Lease Agreement with State Senator Maria Sachs to lease office space located in Delray Beach City Hall. Mr. Brian Shutt, City Attorney, presented this item stating Senator Sachs wanted the lease to begin on January 1, 2013 and provided highlights of the terms of the agreement regarding the monthly rent for two spaces in City Hall: the Community Improvement Department office spaces (January to June) and the office spaces near First Floor Conference Room (after June 2013). The lease agreement is $300 per month for the Community Improvement spaces and $500 per month for the office spaces located near the First Floor Conference Room. Mr. Richard Reade, Sustainability Officer, stated we received notice yesterday from Senator Sachs' office requesting that the rent be brought down to $200 for office spaces in Community Improvement and $350 for the office spaces near the First Floor Conference Room in June. Mrs. Gray asked when Congressman Hastings' lease would be up and if we charged $300 for that space at that time. Mr. Carney stated the reality is that it is the same space once the doors are closed and stated he does not want to strain the State budget any more than it already is. The City Attorney clarified the language of the agreement regarding the monthly rent. Mr. Jacquet asked if it was okay to allow Senator Sachs to speak since she was in the room. In addition, he stated it is tough with the State budget and he does not have a problem with what Senator Sachs feels her office can afford. Mr. Frankel made a motion to approve the lease agreement with Senator Sachs ($350 for the spaces near the First Floor Conference Room and $200 for the spaces in Community Improvement), seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. Senators Sachs thanked the Commission and gave brief comments. Mayor McDuffie adjourned the Special Meeting at 5:09 p.m. WORKSHOP MEETING AGENDA 1. Proposed contract terms and conditions for the new City Manager Mr. Shutt stated he has attached a proposed general form contract that includes some of the terms of the ICMA Model agreement as well as Mr. Harden's contract. He also included a copy of the City Manager contract for Lake Worth. He stated he will send Mr. Chapman the agreement once he receives direction from the Commission. Mr. Carney stated rather than have an open ended contract he would like to have a contract with a term and to have the City Manager work within the parameter of that term. He recommended a three (3) year term. Mr. Shutt pointed out Section 4.02 of the Charter, Appointment for the City Manager, stating the appointment shall be for an indefinite term. Mr. Carney discussed the Charter and the contractual employment agreement. Mr. Jacquet stated the City Charter trumps a contract and spoke regarding the annual review process. He disagrees with making the contract for a definite term. Mr. Jacquet asked about the salary range and moving expenses. He stated he thinks that receiving 2 quotes for a bid for moving is fine and commented regarding the living expenses for up to six (6) months. Mr. Koeser stated approximately $1,500 per month for temporary living expenses. Mr. Jacquet asked if only one civic club membership is covered by the city. In addition, he asked about termination of the City Manager and sick days. He asked if it was customary to provide the credit on the first day. Mr. Jacquet stated the automobile allowance in the amount of $400 is reasonable; and discussed the salary that Mr. Chapman should be paid. Mr. Carney stated he believes that we can contractually waive the provisions of the Charter. He stated someone can contractually state what they will or will not agree to in their contract. Mr. Frankel stated that goes against the Charter to place a term in the City Manager contract. Mrs. Gray stated she does not agree with a term in the contract and it has never been done before. She stated as far as salary is concerned it should not be at $180,000 but somewhere in the middle. Mrs. Gray stated the relocation package is fine, life insurance is standard and the ICMA match is fine. Mr. Harden stated he can also participate in the 3% match. 2 December 18, 2012 Mrs. Gray commented on the 6 weeks' vacation and stated maybe he could be offered 5 weeks like he is receiving now. Mr. Frankel stated in the four (4) years he has known Mr. Harden he has never questioned his ethics. He stated he has received information in the last few weeks that goes against someone's ethics and for these things to not be discussed or considered perplexes him. He discussed the information he had received regarding Mr. Chapman i.e. employees, parks and a city vehicle. Discussion ensued amongst the Commission regarding the information and the terms of the contract. Mayor McDuffie commented regarding the information provided to him and Mr. Frankel and stated it was unsolicited from Connecticut to here. He provided an overview of the information. Mayor McDuffie stated he understands there is more than one side when information is received but feels it should be looked into. He stated he disagrees with offering Mr. Chapman the top salary of $180,000 and commented regarding the size of the city and services. He stated he would like everything vetted out before he agrees with making Mr. Chapman the city manager. Mr. Carney asked the Mayor what would be his solution. The Mayor reiterated that he would like all doubt cleared regarding Mr. Chapman's character and morals. He stated he has no doubt regarding Mr. Harden's character and morals. Mrs. Gray asked how the information will be vetted out. Mr. Jacquet discussed receiving unsolicited information and how it gets vetted out. He stated he would like to move forward with the terms of the agreement. Mr. Frankel stated the man called him last week after a newspaper article in Connecticut stating Mr. Chapman had been selected. Mayor McDuffie stated this is not personal and his simple question is does the Commission find out whether it is true or not. Mr. Harden suggested proceeding with negotiations and having the consultant talk to ex- department heads to see what their perspective is. He stated he always tries to not discount what he hears because of the source but to look into it. Mr. Carney commented regarding whistleblower statutes and stated they are always taken seriously. He stated if things are coming out that need to be addressed then Commission needs to do that. It is better to address the questions now rather than later. The City Attorney clarified the direction from the Commission which is to further investigate the allegations and regarding the contract, the Commission is in agreement with the terms regarding the temporary housing expenses of $1,500 per month capped at $9,000 and the consensus on salary is to offer $160,000. Commission and Mr. Shutt discussed the Charter regarding an employment term in the City Manager contract and obtaining a legal opinion. It was the consensus of the Commission to not obtain a legal opinion. Mayor McDuffie adjourned the Workshop Meeting at 5:51 p.m. 3 December 18, 2012 ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special /Workshop Meeting of the City Commission held on Tuesday, December 18, 2012, which Minutes were formally approved and adopted by the City Commission on Tanuar� 3, 2013. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 4 December 18, 2012 WHEREAS, February is designated as black history month and African Americans have contributed immeasurably to the richness of our dynamic, 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, we 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 we share this celebration of the human spirit as demonstrated by the traditions and legacies of our African American citizens. NOW, THEREFORE, I, THOMAS F. CARNEY, JR., Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the month of February, 2013 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 15'h day of January, 2013. THOMAS F. CARNEY, JR. MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas Smith, Interim City Manager DATE: January 8, 2013 SUBJECT: AGENDA ITEM 7.A. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 GFOA AWARD - CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL RFPORTING ITEM BEFORE COMMISSION Government Finance Officers Association Award — Certificate of Achievement for Excellence in Financial Reporting Government Finance Officers Association. 203 N. LaSalle Street - Suite 2700 Chicago, IL 60601 Phone (312) 977 -9700 Fax (312) 977 -4806 10(22/2012 NEWS RELEASE For Information contact: Stephen Gauthier (312) 977 -9700 (Chicago)- -The Certificate of Achievement for Excellence in Financial .Reporting has been awarded to City of Delray Beach by the Government Finance Officers Association of the United States and Canada (GFCA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual(s), . department or agency designated by the government as primarily responsible for preparing the award - winning CAFR. This has been presented to: ilena L. Wal nski, CGFO, Assistant Finance Director The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving approximately 17,500 government finance professionals with offices in Chicago, IL, and Washington, D.C. MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Richard C. Hasko, P.E., Environmental Services Director THROUGH: Douglas Smith, Interim City Manager DATE: January 8, 2013 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 ACCEPTANCE OF A SIDEWALK DEFERRAL /125 N.E. 13TH STREET ITEM BEFORE COMMISSION Deferral of sidewalk installation along N.E. 13th Streest for the propety located at 125 N.E. 13th Street. BACKGROUND The subject property is located at the northwest corner of N.E. 13th Street and N.E. 2nd Avenue. Refer to location map for details. The current project is a previously demoed lot which was re- platted into three (3) lots where the subject residence is known as Lot 3. Lot 3 will be a single family residence. Currently, there are no plans to install a sidewalk along the north side of N.E. 13th in the vicinity of the subject residence; however a sidewalk will be installed on N.E. 2nd Avenue when necessary. The deferral request was approved by DSMG at the January 3, 2013 meeting. RECOMMENDATION Staff recommends approval of the sidewalk deferral. Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of , 2012, between the City of Delray Beach. (hereinafter the City) and MJZ Properties Inc (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along 125 NE 13th Street until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the 13th Street right -of -way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: 125 NE 13'h Street Northwest Corner of NE 13th Street Subdivision Dell Park, Block 2, Lot 1 -3 12- 43- 46- 09 -28- 002 -0010 I. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the 13th Street right -of -way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm. Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 2012. ATTEST: CITY OF DELRAY BEACH, FLORIDA I: City Clerk Mayor Approved as to form and sufficiency: City Attorney 2 WITNESSES: (Please type or (Please type or print name) STATE OF ;7WRA to ) COUNTY OF ) BEFORE ME personally appeared C— 0QQS 1��-� wh [is are] personally known to me or [has] [have] produced and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this �, day of 2012. My commission expires: tt�- Notary Public .ORiA J T "C i'", SS]ON # DD921732 - 'ctober 12, 2013 (407)399- 075_.._.,_ >;ori aidc;anrS3rvic, cam 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Richard C. Hasko, P.E., Environmental Services Director THROUGH: Douglas Smith, Interim City Manager DATE: January 8, 2013 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 ACCEPTANCE OF A SIDEWALK DEFERRAL /928 JASMINE DRIVE ITEM BEFORE COMMISSION Deferral of sidewalk installation in front of 928 Jasmine Drive. BACKGROUND The subject property is located on the south side of Jasmine Drive, east of Spanish Trail in the Tropic Isle Subdivision. Refer to location map. The current project is a previously demoed lot, in which the Owner will construct a single family residence. Currently, there are no plans to install a sidewalk along the south side of Jasmine Drive in the vicinity of the subject residence. The deferral request was approved by DSMG at the January 3, 2013 meeting. RECOMMENDATION Staff recommends approval of the sidewalk deferral. Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. IA Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of 200_, between the City of Delray Beach (hereinafter the City) and -1 7 a (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along �A y �9n(yie/J !until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the (4'!S 1. right -of- -way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Develo ant Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to prov4e conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. WITNESSETH Macintosh HD: Users: kathleenquagliaroli :Downloads:sidewalkjleferral agent-I.doc NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: ;z_ 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the i right -of -way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of 20( _? ATTEST: City Clerk Approved as to form and sufficiency: City Attorney WITNESSES: CITY OF DELRAY BEACH, FLORIDA Mayor OWNS By: Macintosh HD: Users: kathleenquagliaroli :Downloads:sidewalk- leferral agmt -I.doe (Please type or print name) (Please type or print .name) STATE OF COUNTY OF ivy) ' ZAI BEFORE ME personally appeared fill'i r r �(.� who [is] [are] persanally known to me ox alas] [have] produced [and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me tha [she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this iii day of , 201- -- My commission expires: (si ng ature) Notary Public (Seal) " KATHLEEN Q. HLgrhf M may. Mr corllsslorr a EE ezM : 'a= UPIRES: W20, 2016 Bonded Thru N Public Urdervmiem agt / sidewalk deferral agreement Macintosh HD: Users: kathleenguagliaroli :Downloads:sidewalk_leferral agmt -L doe MEMORANDUM TO: Mayor and City Commissioners FROM: Candi Jefferson, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: Douglas E. Smtih, Interim City Manager DATE: January 9, 2013 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 REQUEST FOR A SIDEWALK EASEMENT AND SIDEWALK DEFERRAL /1127 VISTA DEL MAR DRIVE S. ITEM BEFORE COMMISSION The action requested of the City Commission is acceptance of sidewalk easement and sidewalk deferral agreements along South Vista Del Mar Drive associated with construction of a new customized two - story single family residence within the North Beach Overlay District located at 1127 Vista Del Mar Drive S. BACKGROUND The subject property is 0.183 acres and currently contains an existing two -story single family residence constructed in 1960. It lies within the North Beach Overlay District and is located west of Andrews Avenue at 1127 South Vista Del Mar Drive. The property is zoned Single Family Residential (R -1 -AA) and the applicant proposes to demolish the existing structure and construct a new two -story single family residence with a swimming pool. The owner wishes to provide a five foot (5') sidewalk easement adjacent to the right -of -way along South Vista Del Mar Drive to accommodate future construction of a sidewalk. No other sidewalks currently exist on either side of South Vista Del Mar Drive. At its meeting of December 20, 2012, the Development Services Management Group (DSMG) supported the sidewalk easement. The DSMG also supported a sidewalk deferral to avoid immediate construction of a sidewalk along South Vista Del Mar Drive. Pursuant to the attached agreements, the owner will provide a five feet (5') sidewalk easement and construct the sidewalk along South Vista Del Mar Drive at its sole cost and expense at a later date, after being requested to do so by the City. The agreements have been reviewed by the City Attorney and have been approved as to form. RECOMMENDATION By motion, accept the sidewalk easement and sidewalk deferral agreements for 1127 South Vista Del Mar Drive. Prepared by: RETURN: R. Brian Shutt, Esq. City Office 200N.VV. 1atAvenue Delray Beach, Florida 33444 NIMINSIM Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. Tile party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. It is understood that upon completion • such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. VVITNE,,'.S #1 . ....... .. WIT r,' 'S 61 POINT OF DELAY, LLC 7, Bv- 14:11-1wilomramim I - The foregoing instrument was acknowledged before me this `2�5 - day of 1 1 20 (,? by Keith D. Kern, as Manager of Point of Delray, LLC, a Florida limited liability company, on behalf of the company. He /She is pffsonally known tc .-me—or has produced (type of identification) as identification and did/did not take an oath. T. J. CORN Signature of Notary Public My COMMISSION # EE 002719 EXPIRES: October 21, 2014 Bonded 11hro Budget Notary Services State of Florida (SEAL) I SIDEWALK EASEMENT j� NN Z VJV/f Ow Wo�- VW V 100 , r) o, 1"m" v Ind t,,.bP--rW WFT doRij &11 " lz 14"T q-1 I ' m L ,; i =10 LIIV 14 x z uj JN e Q \ �z Wa Wi� I W, 0 t 3 QQ 151,177- all v �Z n � 3 !D a 3 1 w q (, z J � IJ _ u ccce t m (1 Iz o , fY (Y q w 'J lit z lI o Q stow . m W J W IY U j O W 1 1 11 - n cq)) ® r IY L' U u lit v�To� 1 i� lL Q �I Ll t� lY ro U uW "` UryN z L ,; i =10 LIIV 14 x z uj JN e Q \ �z Wa Wi� I W, 0 t 3 QQ 151,177- all v �Z n � 3 !D a uQ L _per la �m sn m. w m zao- s._ w m I e e = o �E Q W W F e 3 u M q J � IJ _ u ccce t m 9 Q o , lit low Ton. o Q stow . m W J W W - n uQ L _per la �m sn m. w m zao- s._ w m I e e = o �E Q W W F e ccce t m W - n LU as m �cc c� m = a mSy O u E m m« o m Z roc S o a d E ao W d z E. c4 w m o d Q N W � ){ � �n ,� Y (¢���d' el Qy n3 OWlE : p " II — 11 5 h J 4y l I y rn a m o E T, i0 8 Ug u g ui= h J �{ +a Idpueg a n. Ia l u u m n C5 ¢ w H. W aay 0 3 srnaapu "- a tq ° cc U¢ a o: H oCg 1 1.41 Uti MmI 13 -J any azae°geag c c y E. 6 ® V 2-r7�".= uiseg Pkl 3se3 m _ a�, Z y 5 a: 11 *w W h 3 y. c cmi ii II ILL O -� ,� O 3N LL w aiw m P u ..,E aAV �L 3N Uw U (���((�� � ao�r o n y ,.. m N m d' V Mm LC7 Z: 6 LU A �1 .� ^ c0 N N M1. I� C rPp vd C V = J U N _ O J Z N e Fd -p y m o u% LL m P ^Y -1' 3AV 3 U ^ m T N bb � m cc v..- 03 O o c m H T LL �o m a � 8 k gl yti �LL�'8c�" Lw EE �'mo �vo om wo u�8v °ICLLZ «° m n.a �u- p) N W WaWxa Cf u. Op .a maglL _!= II at y o w w oa c r= tiUaaa #�iU aLL3r my y 4,�R �. u)0 R 3W W W O W �+ i. xf gy-mo Z O q� W Wpd O� D¢yW x U o g.d n m >`o Q r/ysU � rn cN v a i ~3w z w H a .2m «E E E S m £Em O ® W $Cv+ Coq o E °' iu w v �.� aW COW qW3 zccx 8ro A2�«'�o RS Zyj OUO yy�jW aZ� `o z ,Q o C7W I+ ly RZ<N Oct u u u u u n9 a 11 a mmv« 11 FSWU ¢z � th xNx� R,O yI 'W OS cO UiU d U ai d C6 CALL W 2 d >y .W.I�J d = ®®S Otia a n: io U ci ¢; < Eu.m = f � ..Lj cc Lh Q M N�o u, n N- U 's e' N � On om l'7p ye I - 11 14 . II II II Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1 st Avenue Delray Beach, Florida 33444 AGREEMENTFOR THIS AGREEMENT entered into this day of 20, between the City of Delray Beach (hereinafter the City) and � 1�3T a f 'Do. °f Lb..(hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along 1127 05 0, A0. until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the V �t,,'i' ^ (,,,, tit ei -. easement immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b), and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. Page I of 3 WITNESSETFI NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: '014,., m T-7 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, within the tsg I) °' _ �L� easement abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 20 ATTEST: to City Clerk Mayor Approved as to form and sufficiency: City Attorney Page 2 of 3 WITN�SSES: (Please type or print name) STATE OF COUNTY OF OWNER: By: J� L BEFORE ME personally appeared 1`,"gchivi V, who [is] [are] personally known to me or [has] [have] produced -[and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official seat this My commission expires: agilsidewalk deferral agreement 0106,11 er 21 0 M Page 3 of 3 1011, e day of lyz 61041_ 20.4�f' 6 2, Notary Public (signature) (Seal) -- Dn7N- 64SE4,AP SYSTEM -- U-\hfteCA0\Q3ndi\11l27 5, Yrato Dal Mar-Aerial 1127 SOUTH VISTA DEL MAR SUBJECT PROPERW AERIAL MAP PLANNING AND ZONING DEPARTMENT -- Dn7N- 64SE4,AP SYSTEM -- U-\hfteCA0\Q3ndi\11l27 5, Yrato Dal Mar-Aerial MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Richard C. Hasko, P.E., Environmental Services Director THROUGH: Douglas Smith, Interim City Manager DATE: December 28, 2012 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 ACCEPTANCE OF RIGHT -OF -WAY DEDICATION /125 N.E. 13TH STREET ITEM BEFORE COMMISSION Request Commission acceptance right -of -way dedication at 125 N.E. 13th Street. BACKGROUND The subject property is located at the northwest corner of N.E. 13th Street and N.E. 2nd Avenue. Refer to location map for details. The existing N.E. 2nd Avenue right -of -way width is 25 -feet. Per LDR Section 5.3 (1) (D), a 30 -foot right -of -way is required. As a result, the applicant is required to dedicate 5 -feet on the west side of N.E. 2nd Avenue. Attached is the right -of -way deed and sketch description that provides details of the limits of right -of- way to be dedicated. RECOMMENDATION Staff recommends approval of Right -of -Way Deed. Prop r d by. RETURN, RN R_ Brian n Shutt, :l Es , City Attorney's ()ftic 200 NM, tst Avemic Delray each, Florida 33444 111N THIS `INMENTU BE made this day, of . 2012, between M rert es Lea with a mailing address of 125 �N 1 ` S r as PaAv of the first part and CITY F DELRAY BEACH, FLORIDA, a Florida municipal oorporation with a mailing address of 100 X'W, lit Avenue, Delray Beach, Florida 33444, as party of the second past. 'i"l ESSETH That said paw of the first hart, for and tar, eonsideration of the miltual promises h reiu ooataiaed and miter goad and valuable consideration, does hereby grant, remise, release, . quit claim and convey unto the party of the second. part, its success-ors and assigns, ail right, title, interest, claim and darned which the paw- of the first pig lags in and to the following-described laid, situate, lying and being in the County of Palm Beach, State of Florida, t -wit: See .Exhibit "A" attached bmto, This Deed is made for thQ purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and lo said lands for Public hi .b; ay, street, and public tifility purpos s and, the maintenance thereof, and is made, executed and delivered with the express w derstauding and condition that should the same, ever be discontinued or abandoned as a public higAway or stmt, the title to saine shall thereupon revert to and revest in the part, of the first part or assigns, except that the eueme t for pub is utility p Toss shall remain t lil released, That this fight -o y shall be su eet only. to those easements, restrictions, and reservation cif'record. The parly of t the first part: agrees to provide for the rel 4se of any and all mortgages or liens encumbering this right-of-way, 'rhe party, of die first part also aces to erect no building or eff et any gather bind of construction or improvements upon the above- described property. Party of the first part does hereby fully warrant the title to said land aad will de ad the same against the lawful claims of all peiwns who n oov r elaimed by, through or vaider it, that it has good right and lawful authority to giant Jie above -d c l ngbt-of4ay and that the mme. is unencumhered. Where the context of this Right-of-Way Deed alto wscar permits, the, same s I iiiclude the successors or assigns o f the parties, TO HAVE AN-D TO HOLD THE SAME, togclher with all and singular the appuilew wes thereto belonging or in any-'xise incidont or appertaining, and all t estate, right, title, interest, rid claim wlidtsoever of the said party of the first part, in law or in equity to the only proper we,, benefit, and behalf of the said party of the second pmt, its su cue egsors and assigns. IN WITNESS WH1 '.",'RE0F, said, patty of the first part has hereunto set their Imid. mad seal the date first above wrivwa Signed, scaled anddelivered PARTY OF THE FIRSTART .in. the presence ofi Bv, I . ... - fl" oo er . -- . -- Je Wo eprwl jor typed) (�Nawjne pne, or typed) n td 3300 South Congress Avenw, WS Boynton,B&ach, FL 313436 (,Name printed or typed) STATE OF �L-DQAD,6, COUN'l,"Y OF The fbregoiql, Instrument was acknowledged before me 2012, by Jeff- Wooster who is personally know nto me, SVETLANA 8, SIMON 181ON # MOWS May 26,2015 State of Flcr.rid, 3'' 3 of September SKETCHOFDESCRUYIYON lar I WGK LN T4 Y I,o't' Z 612 � N W ��j +hSTIZE6T �1 72 W 43 d 0 z —� AnD1-m►vAL THE EAST 5 FEET OF LOTS 1,3 AND 3 BLOCK 3 OF DELL PARK AS RECORDED IN PLAT BOOK 8 PAGE 56 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA 7 THIS IS NOT A SURVEY Not valid unless Renner, Burgess, Inc. Number L�8 sealed with embossed .�.,� hCfiiak�orf 504 1 S.E. 4th Ave, Suite 205 Delray Beach, FL 33483 1 here 4 Phone 551 - 243 -4624 meats Fax 243.4869 Florid; West Palm 736.7635 Statut West Palm Fax 735 -7641 TO Free 1 -800- 773 -5831 Fax Free 1- 800 - 554.4408 i-€arry, surveyor's seal ertity that the SKETCH OFI FISCRIPTION shown hereon Hiram technical standards set forth in Chapter 81G17.6, lrri a rative_Code eursuant .to Section 472.027, Florida F.L.S. No. 5089` 31-4 O f QZ3 H Afka I 9Z6££ ld "P11.0 uoau6op , I - I z = S alms any s f-D S 00££ `s:lllA3,foWd Ub3�/zid \ I U � - _ 37"1 AIN 'q ? 4 bbh££ Ii dHfl?IJ v ■ ■ _ h � TIE1 Nr Zf S FLLEI IN SZ£ awo£{ woasn� z I I hauls HM , I �I I I Ub3�/zid \ I U � � h S ik 5 Ll yy I x 1.. /yin— i�t L.�.------------------ I 0 0 I � I A-a II W TT^�� Vl Qa� I TI I �I I U � � h MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy T. Tack, P.E., Project Manager ESD /CRA Richard C. Hasko, PE, Environmental Services Director THROUGH: Douglas E. Smith, Interim City Manager DATE: January 8, 2013 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 ACCOUNT NUMBER CORRECTION / ROSSO PAVING AND GRADING, INC. / BLOCK 19 AND 20 ITEM BEFORE COMMISSION Request Commission approval to utilize account #334 - 3162 -541 -68.56 and #448 - 5461 -538 -68.56 to fund the construction contract with Rosso Paving and Grading, Inc. for construction of the Block 19 and 20 Alley Improvements Project in the amount of $137,866.13. P/N 2009 -006. BACKGROUND On December 4, 2012, City Commission approved the Mayor to execute the Construction Contract with Rosso Paving and Grading, Inc. for construction of the Block 19 and 20 Alley Improvements Project. That agenda item inadvertently referenced $120,000.00 from #334 - 3162 - 541.68 -60 and $17,866.13 from #448 - 5461 - 538.68 -60. This agenda item is to correct the account numbers. FUNDING SOURCE The Funding is as follows: $120,000.00 from #334 - 3162 -541 -68.56 $17,866.13 from #448 - 5461 -538 -68.56 RECOMMENDATION Staff recommends approval. Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy T. Tack, P.E., Project Manager ESD /CRA Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: November 13, 2012 SUBJECT: AGENDA ITEM 8.D.1 - MEETING OF DECEMBER 4, 2012 CONTRACT AWARD / ROSSO PAVING AND GRADING, INC. / BLOCK 19 AND 20 ITEM BEFORE COMMISSION Request for Commission approval/authorization for the Mayor to execute the construction contract with Rosso Paving and Grading, Inc., the lowest responsive bidder, for construction of the Block 19 and 20 Alley Improvements Project in the amount of $137,866.13. P/N 2009 -006. BACKGROUND This project is included in the Interlocal Agreement between City of Delray Beach and the Community Redevelopment Agency (CRA) for construction of capital projects. The purpose of this project is to construct paved alleys west of NW 5th Avenue between Atlantic Avenue and NW 2nd Street (Block 19 and 20), and the resurfacing, landscaping and striping of the public parking lot located at 114 NW 5th Avenue. Unfortunately, the Alley west of NW 5 th Avenue between Atlantic Avenue and NW Ist Street (Block 20) was not included in this bid due to the electrical service alterations required on an existing apartment building to allow relocation of Florida Power and Light (FPL) facilities. Modifications to the apartment building need to be provided and funded by the owner on private property in order for FPL to relocate their power pole to allow construction of the alley. In order to keep the project moving forward, the majority of the project is being constructed with this bid award and the remainder at a later date when the electrical service issue can be resolved. FUNDING SOURCE CRA will be providing funding for this Project, which is contigent upon City Commission approval of the CRA Interlocal Agreement Amendment 91 $120,000.00 from 9334 - 3162 - 541.68 -60 $17,866.13 from 9448 - 5461 - 538.68 -60 pending transfer from Stormwater Project Reserve RECOMMENDATION Staff recommends approval. http:// itwebapp/ NovusAgenda/Preview.aspx ?ItemlD= 6190 &MeetingID =396 1/10/2013 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Douglas E. Smith, Interim City Manager DATE: January 10, 2013 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 AGREEMENT/ FAITH - HOPE - LOVE CHARITY, INC. ITEM BEFORE COMMISSION Request for City Commission approval to enter into an Agreement between the City of Delray Beach and Faith - Hope -Love Charity, Inc., to occupy office space at the Neighborhood Resource Center and provide specific outreach services to Veterans. BACKGROUND The Neighborhood Resource Center serves to enrich the quality of life and promote a sense of community through the delivery and connection of services that educate, develop leadership skills and promote volunteerism, civic engagement and productive lifestyles. The City, through this Agreement, will partner with Faith - Hope -Love Charity, Inc., to host services at the Neighborhood Resource Center, located at 141 SW 12th Avenue. The City will provide access to office space, a receptionist, office /communications equipment and basic office supplies. This Agreement is in effect for two (2) years through January 1, 2015. Faith - Hope -Love Charity, Inc., through its Supportive Services for Veterans Families Program (SSVF), is committed to addressing the needs and unseen wounds of our Veterans and active duty service members by providing supportive and mental health services, financial assistance, housing, community outreach, referrals, family assistance and more. Faith - Hope -Love, Charity, Inc., from the Neighborhood Resource Center, will provide supportive services for Veterans two (2) days per month, which will include Emergency and Financial Assistance, Job Readiness, Employment Services, Child Care and Transportation and Housing Assistance. RECOMMENDATION Staff recommends approval of the Agreement between the City of Delray Beach and Faith - Hope -Love Charity, Inc. to occupy office space at the Neighborhood Resource Center and provide specific services to Veterans. AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND FAITH — HOPE — LOVE CHARITY, INC. THIS AGREEMENT entered into this day of , 2013 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "City ") and FAITH — HOPE — LOVE CHARITY, INC. (hereinafter referred to as "Service Provider ") provides as follows: WHEREAS, the Service Provider is committed to addressing the needs and unseen wounds of our veterans and active duty service members by providing supportive and mental health services, financial assistance, housing, community outreach, referrals, family assistance and more; and WHEREAS, the City desires to partner with the Service Provider to host services at the Neighborhood Resource Center, located at 141 SW 12th Avenue, Delray Beach, FL 33444. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. The City agrees to provide the Service Provider with access to office space (2) business days each month at the Neighborhood Resource Center, located at 141 SW 12th Avenue, Delray Beach, FL 33444, with the days to be scheduled by the Neighborhood Planner. 2. The City will provide to the Service Provider shared use of a receptionist, office /communications equipment, and basic office supplies. 3. This Agreement will remain in effect until January 1, 2015. 4. Either party may terminate this Agreement without cause upon sixty (60) days prior written notice to the other. 5. The Service Provider shall provide services related to the Supportive Services for Veteran Families Program (SSVF). These services shall include, but are not limited to, the following: • Emergency and financial assistance • Job readiness • Employment services • Child care • Transportation and housing assistance 6. 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. 7. In consideration of ten dollars ($10.00) and other valuable consideration, the Service Provider shall indemnify, defend, and hold harmless the City against any actions, claims, or damages arising out of Service Provider's negligence in connection with this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this day of 2013. ATTEST: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City Attorney WITNESSES: CITY OF DELRAY BEACH, FLORIDA Thomas F. Carney, Jr., Mayor Faith, Hope, Love Charity, Inc. By: Print Name Print Name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2013 by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced (type of identification) as identification. Notary Public, State of Florida at Large My Commission Expires: MEMORANDUM TO: Mayor and City Commissioners FROM: Rafael Ballestero, Deputy Director of Construction Richard C. Hasko, PE, Director of Environmental Services THROUGH: Douglas E. Smith, Interim City Manager DATE: January 10, 2013 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 ADDITIONAL SCOPE /COASTAL CONTRACTING & DEVELOPMENT. INC. ITEM BEFORE COMMISSION This item is before the Commission to approve additional scope associated with connecting electrical panels to the Florida Power and Light (FPL) point of service, to Coastal Contracting & Development, Inc.; and approval for the amount of $12,183.56 to be paid out of the Contract's Undefined General Allowance; for the Atlantic Avenue Gateway Art Feature Project #2009 -041. BACKGROUND On May 1, 2012, Commission approved a contract award to Coastal Contracting & Development, Inc. in the amount of $1,182,842.00. The project consists of the construction of sidewalks, landscaped berms, trellises, and a series of six (6) columns with artistic designs representing Delray's cultural heritage; a "Gateway" feature at West Atlantic Avenue and I -95 to signify to visitors that they have arrived at Downtown Delray Beach. On July 31, 2012, the Environmental Services Director approved the cost of $530.25 for adjustments to the irrigation pump controls; required to reduce the wear on the system by providing a softer start for the pumps. The cost was funded from the contract's Undefined General Allowance. On August 16, 2012, the Finance Director approved the cost of $629.62 for root pruning and root barrier adjacent to a Royal Poinciana Tree; to allow the installation of the proposed sidewalk close to the tree and also to save the tree. The cost was funded from the contract's Undefined General Allowance. On November 5, 2012, the Finance Director approved the cost of $4,824.14 for the extension of the irrigation wires to combine the old irrigation system with the new system; and the cost of an additional 300 yards of fill material. The cost was funded from the contract's Undefined General Allowance. The additional scope associated with the FPL connections include connecting the electrical panels to the FPL service points. The plans indicate where the electrical panels are to be located on the north and south sides of Atlantic Avenue; but they do not include any electrical work beyond the panels. The plans did not indicate where the FPL points of service may be provided, as this is typically coordinated with FPL during construction of the project. Onsite meetings were conducted with the City, the contractor, and FPL which resulted in this required additional electrical work. The additional work will cost $12,183.56 and will be funded from the Contract's Undefined General Allowance. Prior expenditures from this general allowance total $5,984.01, and were approved in accordance with city purchasing procedures. This request results in the cumulative amount of expenditures from the allowance exceeding $15,000 which requires Commission approval. Attached is a copy of the Construction Project Detailed Allowances Spreadsheet. The attached Exhibit "A" details all costs associated with this work. This project is funded by the Community Redevelopment Agency (CRA) in conjunction with an FDOT award of a Keep Palm Beach County Beautiful Grant for landscaping. FUNDING SOURCE Cost to be funded out of Contract's Undefined General Allowance. RECOMMENDATION Staff recommends authorizing additional work for the scope associated with connecting electrical panels to the Florida Power and Light (FPL) point of service, to Coastal Contracting & Development, Inc.; and approval for the amount of $12,183.56 to be paid out of the Contract's Undefined General Allowance; for the Atlantic Avenue Gateway Art Feature Project. January 90, 2093 Construction Project Detailed Allowances Spreadsheet Project Information: Atl Gateway Art Feature PIN 2009 -041 Contractor: Coastal Contracting & Development, Inc. Contract Allowance Amount Line Item #27 - Undefined General Allowance $50,000.00 Allowance Current Item Allowance Date Date Amount Balance Requested Approved $0.00 $50,000.00 Additional cost for adjustments to the irrigation pump controls; required to reduce the wear on the system by providing a softer start for the pumps. $530.25 $49,469.75 7/30/2012 7/31/2012 Approved by ESD Director 07131112. Additional cost for root pruning and root barrier adjacent to a Royal Poinciana Tree; to allow the installation of the proposed sidewalk close to the $629.62 $48,840.13 8/15/2012 8/16/2012 tree and also save the tree. Approved by Finance Director 08/16/12 Additional cost in the amount of $1,869.14 for irrigation scope, for the extension of irrigation wires, to combine the old irrigation system with the new system. And add']. cost in the amount of $4,824.14 $44,015.99 11/1/2012 11/7/2012 $2,955.00 for an additional 300 yards of fill material at $9.85 per yard. Approved by Finance Director 11/05/12 TOTAL ALLOWANCE AMOUNTS $50,000.00 $5,984.01 $44,015.99 Additional Information: In addition to the above items, the following has been added to the Contract: None Additional Proliect Expenses Not Added to the Contract: - Testing Services - Specialty Engineering Consultants, Inc.; Approved by Finance Director 06/26/12. $1,830.00 REQUEST FOR CHANGE ORDER RzCxOw � Request.Noi 9 Revises: TTO: � �f �e _ PnYlaot. ato Features Date, January 8, 20 1 Contractor. Coastal Contracting & Develop. Subject. - Electric Request South Side See attached from 1' Century See attached from 21s Century South Side Goal labor 32 hours at 5r !orth Side Coastal labor 48 lours at 5/hr Attarh merits . Rutty; 5,188.16 Subtotal 9._298:03 GH & Profft (5 %) 404.90 Bond 0 %) 97.63 TOTAE. 21"t CerltUry 7$9,860.56 TOTAL_ Costa TOTAL FOR RCO #9 1;200.00 2,000.00 800M 3.00 1323.00 Signed By: rtle: Date: 21st Century Electric St3M SIDE Prod Material= 54' of 2� PVC (2.) r PVC 45s (1) Pi P`IC Cdue 22V of 310 Capper (5) 2' PVC Couplings Soap Matertal 995{,6�,81 Tax q .35.013 lack & Bore Road SO LF 1,495,00 Labor -16 h.rs at $55 880.00 € roject Management I -32.00 Fuel 12-00 15 on material. 145,77 3,636M Crept for Lotation Change 1-2'01 3/0 Copper x a 4' cf 2" PVC (1) 2 °1 PVC Coupling. (1) 2- PVC 90 total Material Tax CreTt Labor Credit (2) hrs Pro) t/larlag Crecy t 15 on material cre&t (x_14) (16.50: X22.5$) & ' Rework ExfWng S InIder Pump 10" of V PVC f 1} 1" PVC F-ernale Adapter (4)1' PVC Couplings (1)1" Rigid Compression Connector (111" PVC Total Material Tax Labor -- 2 men at 8 hours Project Management �$� Or; .inl�Eridl Existing Wire That heeds the Sprinkler primping Station 222' of #6 THIN Soap 266,77 1-61 880,1 4,26 1,044. Total tAaterial 149,86 i ax 8:93 Labor- 2 men at 4 hours 55UG Pro)ef Management X82.5 15 on material 23M 815,18 TOTAL SOUTFl SMi .: $ 51198-16 21St Century Electric NOS SIDE Proposed Mateetal: 112' of 2" PVC (3) 2" 3-VC 45s (1) Pint FIVC Glue 34V of 3/0 Copper C, [12) 7' PVC Coup#ings Soap Total Material 1,44151 Tax 8538 Labor -16 firs at S55 9803 0 Project Management 132.00 Friel 12.DO 15 00 ma#nrlal 7:29.27 Z,7- 81.,S6 Credit for totatlon Ctarvge: 12' of 3/0 Copper x .3 4` of 2" PVC (1) 2" PVC Coupling (1) 21, PvC 90 To tat Material Tax Credit Labor Credit (2). hrs PrGj Manag Credit 15 % as material credit 1150.14) (9.03) 1110 <0c} (16,50) (22.5 ") Rework Wvting Sprinkler Pump 10, of 1." Pvc (1)1.'" PVC Ferrate Adapter (4)1° PVC Couplings (1) V' Rigid Compression Connecter (3.) I, PVC Total Material 26,77 Tax 1.61 Labor- 2 men at 8 hours 990,00 Project Management 1.32.00 1S or material 4:26 E sting Wire That Feeds the Sprinld& Pumping Station 96' of tt5 T W4N Soap Total Material Tax LAbor - 2 men of 4 hours .=Project Management 15% an materiat 1,044.64 70.48 4.2;3 440-00 66,00 1.1,.21. 591,91 TOTAL NORTH SIDE: 4,109.97 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Douglas E. Smith, Interim City Manager DATE: January 9, 2013 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS: 212 NW 14TH AVENUE ITEM BEFORE COMMISSION Request is for City Commission approval of Neighborhood Stabilization Program Land Use Restriction Agreement and Deed Restrictions for 212 NW 14th Avenue, Delray Beach, Florida 33444. BACKGROUND The following homeowners are the beneficiary of Neighborhood Stabilization Program properties pursuant to an Agreement between the State of Florida, Department of Economic Opportunity and City of Delray Beach dated February 5, 2010. The City of Delray Beach provided NSP funding for the acquisition, rehabilitation and sell of the following properties: . Jesus J. Aguirre -Rueda & Maria N. Gomez, 212 NW 14th Avenue, Delray Beach, Florida 33444 The Land Use Restriction Agreement establishes that the homeowner(s) shall comply with certain use restrictions as a beneficiary of the purchase. RECOMMENDATION Staff recommends approval of Neighborhood Stabilization Program Land Use Restriction Agreement and Deed Restrictions for 212 NW 14th Avenue, Delray Beach, Florida 33444. This instrument prepared by and return to: City of Delray Beach Neighborhood Services Division 100 NW 1st Avenue Delray Beach, Florida 33444 LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS FOR: CITY OF DELRAY BEACH NEIGHBORHOOD STABILIZATION PROGRAM THIS LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS (hereinafter Agreement) is made and entered into by and between the City of Delray Beach, a City existing by and under the laws of the State of Florida (hereinafter referred to as the "City ") and Jesus J. Aguirre -Rueda and Maria N. Gomez(here in after referred to as the "Owner "). RECITALS WHEREAS, the Owner owns certain land described in Attachment "A" attached hereto and incorporated herein by reference, hereinafter referred to as the "Property "; and WHEREAS, Owner is the beneficiary of Neighborhood Stabilization Program Funds pursuant to an Agreement between State of Florida, Department of Economic Opportunity and City dated the 5th day of February, 2010; and WHEREAS, the Owner has agreed to comply with certain use restrictions as a beneficiary of said Agreement; and WHEREAS, the City has provided Neighborhood Stabilization Program funding for the acquisition, rehabilitation and resale of the property located at 212 NW 14th Avenue, Delray Beach, Florida 33444. NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Owner agrees to sell the Property as a primary residence to an eligible buyer which shall remain as an owner - occupied residential unit by the Buyer for a minimum of 15 years from the date of purchase. 2. Owner covenants and agrees that Owner will not lease, convey or encumber the Property without the consent of the City while the restrictions provided herein remain in effect. 3. If Owner defaults in the performance of any obligation under the Mortgage and Note dated or restrictions set forth herein, and if such default remains uncured for a period of one hundred twenty (120) days after written notice thereof has been given by City, City shall be entitled to apply to any court having jurisdiction of the subject matter for specific performance of this Agreement, for the appointment of a receiver or successor to take over and operate the Property in accordance with the terms of this Agreement, or for such other relief, including monetary, as may be appropriate and as such court deems just, equitable, and reasonably required to effectuate the terms of this Agreement. 4. Owner represents and warrants to City: a. Owner has validly executed this Agreement and the same constitutes the binding obligation of the owner. Owner has full power, authority and capacity to enter into this Agreement, to carry out the Owner's obligations as described in this Agreement, and to assume responsibility for compliance with all applicable local, state, and federal rules and regulations.' b. To the best of Owner's knowledge, the making of this Agreement and the Owner's obligations hereunder: i. will not violate any contractual covenants or restrictions between Owner or any third party, or affecting the Property; ii, will not conflict with any of the instruments that create or establish Owner's authority; iii. will not conflict with any applicable public or private restrictions; iv. do not require any consent or approval of any public or private authority which has not already been obtained; and v. are not threatened with invalidity or unenforceability by any action, proceeding, or investigation, pending or threatened, by or against Owner without regard to capacity, any person with whom Owner may be jointly or severally liable, or the Property or any part thereof. c. There is no litigation pending or proceeding known or, to the best of Owner's knowledge, threatened against Owner which, if adversely determined, could individually or in the aggregate have an adverse affect on title to or the use and enjoyment or value of the Property, or any portion thereof, or which could in any way interfere with the consummation of this Agreement. There is not pending or, to Owner's best knowledge, threatened against Owner any case or proceeding or other action in bankruptcy, whether voluntary or otherwise, any assignment for the benefit of creditors, or any petition seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief for Owner under any present or future federal, state, or other statute, law, or regulation relating to bankruptcy, insolvency, or relief from debtors. 5. Notices required to be given by this Agreement shall be in writing, by certified mail through the United States Postmaster, with copies to be mailed as set forth below. Required certified mail shall also have return receipt requested, addressed to the persons and places specified for giving notice below. Revisions to the names or addresses of those parties to receive notice may be made by either party by providing notice to the other party as provided herein. This in no way impacts the requirement to provide notice to the City of Delray Beach City Commission and to the City Attorney in the manner outlined above. Notice shall be forwarded to the following: For the City: Mayor City of Delray Beach 100 NW 1St Avenue Delray Beach, Florida 33444 With copies by U.S. mail to: City of Delray Beach Neighborhhood Service Administrator Neighborhood Services Division 100 NW 1St Avenue Delray Beach, Florida 33444 Director Community Improvement Department 100 NW 1St Avenue Delray Beach, Florida 33444 For the Owner: Jesus J. Aguirre -Rueda and Maria N. Gomez 212 NW 14th Avenue Delray Beach, Florida 33444 6. The Owner and City agree that both parties have played an equal and reciprocal part in the drafting of this Agreement and, therefore, no provisions of this Agreement shall be construed by any court or other judicial authority against any party hereto because such party is deemed to have drafted or structured such provisions. 7. This Agreement shall be construed, and the rights and obligations of the City and Owner hereunder shall be determined, in accordance with the laws of the State of Florida. Venue for any litigation pertaining to the subject matter hereof shall be exclusive in Palm Beach County, Florida, 'unless prohibited by law. 8. In any litigation between the parties hereto arising out of this Agreement, the prevailing party shall be entitled to recover all fees and costs incurred in such litigation, including reasonable attorneys' fees, through appeal if necessary. 9. This Agreement shall be recorded in the Public Records of Palm Beach County, Florida, by the City at the expense of the City subsequent to the closing of the sale to the Owner from the Developer. This Agreement shall run with the land and shall be binding on both parties, their heirs, successors, and assigns upon recording. Certified copies of the recorded documents shall be provided to the Owner within ten (10) days of receipt of the recorded Agreement. IN WITNESS WHEREOF, the Owner has read and understands the terms set forth and agrees to meet the obligations contained herein by execution of this agreement, in duplicate, this. WITNESSES OWNER Print Name: e- s U °�LPAc%'o, e. -\ cV&_C L Title: By: Print Name: scar �c•, U,. (S� C W\,e> Phone Number: Date: l j- ; - lh-L t %, ATTEST: CITY Office of City Clerk CITY OF DELRAY BEACH, FLORIDA by and through its City Commission By: By: Mayor Date of Execution: Attachment A Real property located at 212 NW 14th Avenue, Florida 33444 generally described as: LOT 3, BLOCK B, CARVER MEMORIAL PARK ADDITION TO DELRAY, FLORIDA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, AT PAGE 56, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: Douglas E. Smith, Interim City Manager DATE: January 10, 2013 SUBJECT: AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 DELRAY BEACH PUBLIC ART BOARD: FLOR500 TEMPORARY ART PROJECT ITEM BEFORE COMMISSION Request Commission approval and authorization for the Delray Beach Public Art Board's Flor500 Temporary Art Project to be placed on the front lawn of City Hall which consists of 9 concrete planters containing various wildflowers in celebration of Ponce de Leon's discovery of the Florida peninsula. Commission is being asked to approve $950 for costs associated with this project, as well as the cost for any sod replacement, if necessary. BACKGROUND See attached regarding Ponce de Leon's discovery of Florida. The Flor500 Project is a statewide event to promote Florida's 500th anniversary and the state's native landscape. Artists as well as students have been invited to create wildflower gardens throughout the state. The Flor500 Temporary Art Project will be placed on the front lawn of City Hall and consist of nine 4'x4' concrete planters in a diamond shape pattern. The wildflowers will be chosen by the Art Board to coincide with the approved list of plants that would have been prominent in Florida when Europeans arrived nearly 500 years ago. The project will also include signage that will depict the names of the wildflowers as well as the history surrounding this project. Maintenance will be done through the volunteer efforts of the PAAB as well as volunteers from the Master Garden Group. The project will run from February 2013 and to end no later than October 2013. The budget consists of $450 for the wildflowers, $500 for signage, and any additional charge for sod replacement if necessary. REVIEW BY OTHERS This was brought to the Site Plan Review and Appearance Board (SPRAB) board on January 9, 2013. The Board unanimously approved the Class I Site Plan Modification for this project. FUNDING SOURCE Funding is available from account # 115- 1702 -579 -52.26 (Gardening Suppiels) and 115- 1702 -579- 49.90 (signage) after budget transfers. RECOMMENDATION Staff recommends approval of FLOR 500 Temporary Public Art Project and funding to implement project. 0 u io LLLJw w z C3 >w L N >t a w Q o ai � w [� (n W h w(do � N Q� Q o ® ® LO ,o O ® ® d� ¢ LL] , ❑ ® a cc Lj U CO W w �w LU W � z-�L O H � Q > O�z �Lj Q J z�OUcn� mmi fit J � � a r b l t� �•��. rc, 4t�Y10�* To Sharon Koskoff.- From our entire FLOR500 team.... THANK YOU!! Thank you for all your support and belief in our FLOR500 project, it's because of all you that we are able to make this happen. Our December 1st deadline for artwork submissions has passed and we are currently in the process of uploading them to our site. We apologize for our delayed response time, we estimate completing this task by the 15th of December. December will also be the time to not only upload all artist submissions but to also update our website's info and content. We would love your feedback on any of the areas you would like to share with us. Here's a brief update on our upcoming plans for FLOR500 • Because we are still shy of 500 artists, we are going to continue accepting submissions! Please let your fellow artists know they can still participate! • We are developing programming and the possibility of regional exhibitions for our 500 artists • We are collaborating with our sister universities and colleges by engaging with their faculty and students • Our 500 Historic Figures / 500 Gardens phase is moving along beautifully and extending into schools, libraries and museums • Partnering with our Library system to include FLOR500 as part of their summer reading program. ail: q¢.�iiiiiiivai,g,u,ai„ webpage: , ii 'I, "li,u,aiu,ai,ir,��_,,,,,,,_ Florida goes wild for 500th with 500 flowers, 500 artists 11:445 IFIIM, I Iar. 22, 2012 IF: :i°or n (left to rlglmt, F:Ioirlda aii fist Xavlieir C u °Each, Seciretairy off: State II ere II)etzrweu° aind Jeff Casteir 9u°or n II)01 ... 1,,Aa °nt F:Ioirlda Wkldfloweirs outsWe the R. A. Giray laWkl lii ng. "lf'lhe eves nt lis I °s a °t of the II:' oir- 00 1,,)iroject's eff6ii ts to I°sirorrnote II:' oirli " 00th rwir Huai° u° i n the state" u°n alive Il u°n �. 11 °se, l I13l1 i�';� "lf'O I1 :3 �°�Il.....lf::::l�ll�l IE.: III :.. :..11l.....11l:: er nocir t Secretary of State Ken Detzner hosted the Florida Wildflower Foundation and Florida artist Xavier Cortada for a native wildflower planting Thursday morning. The event was part of the Flor500 effort: an art, nature and history project centered around marking the state's 500th anniversary, which will be in 2013. The flowers planted Thursday morning — and the seeds being handed out at the ceremony — are plants that would have been prominent in Florida when Europeans arrived nearly 500 years ago. The Flor500 project team plans to select a wildflower for each of the 67 counties, and 500 artists are being invited to depict 500 native wildflowers as part of the project. Students from 500 schools have also been invited to create wildflower gardens and dedicate them to one of 500 historical figures important to Florida's history. To find out more about the project and the flowers, go to www.fior5OO.com. Florida Department of State Ken Detzner Secretary of State For Immediate Release March 19, 2012 Contact: Chris Cate 850.245.6522 MEDIA ADVISORY: Secretary Detzner to Host Flor500 for Native Wildflower Planting Event is part of the F1or500 project's efforts to promote Florida's 500th anniversary and the state's native landscape TALLAHASSEE — Secretary of State Ken Detzner will be hosting the Florida Wildflower Foundation and Florida artist Xavier Cortada, of Florida International University's College of Architecture and The Arts, for a native wildflower planting in Tallahassee. The event is part of the F1or500 project's efforts to promote Florida's 500th anniversary and the state's native landscape. The Wildflower Foundation will provide complimentary packets of Coreopsis lanceolata seeds to be distributed at the planting ceremony. The wildflowers being planted are plants that would have been prominent in Florida when the Europeans arrived in La Florida 500 years ago. The F1or500 project team plans to select wildflowers for each of Florida's 67 counties. 500 Florida artists are being invited to depict 500 native wildflowers. Students from 500 schools are also invited to create wildflower gardens and to dedicate them to one of 500 historical figures identified on the F1or500 website, www.flor500.com. Other participants are encouraged to commemorate the 500th anniversary by growing native wildflower gardens at home, and in the process help reduce drought and improve biodiversity. Planting information is available at http: //fl awil dfl owers. org /planting phi. F1or500 is a participatory art, nature and history project that marks the moment when Florida history changed forever in 1513, and gives a glimpse of what the state's landscape was like 500 years ago. The project was created by FIU's College of Architecture and The Arts' Office of Engaged Creativity to commemorate Florida's 500th anniversary in 2013. F1or500 is led by the Office of Engaged Creativity's director and artist -in- residence Xavier Cortada who will be handing out a portion of a titled drawing of the Coreopsis lanceolata to the first 80 people who receive a wildflower seed packet. DATE: Thursday, March 22, 2012 TIME: 10:00 a.m. LOCATION: R.A. Gray Building 500 South Bronough Street Tallahassee, FL 32399 FLOR 411 Wild Allamanda (Pentalinon luteum) e previous I next > Sharon Koskoff, "FLOR411: Wild Allamanda (Pentalinon luteum) ", mixed media / pastels over acrylic paint, 20" x 20 ", 2012. (CC) About the Artist Artist's Statement Sharon Koskoff works as a professional mural artist, designer, photographer and author. Koskoff is all about color, bright and bold. Koskoff is the chairperson for the Public Art Gardening is her passion, so we are so happy to Advisory Board of Delray Beach, FL and an art be a part of FLOR500, the Delray Beach Public instructor for Center for the Arts. She is also the Art Advisory Board is planting container founding president of the Art Deco Society of gardens of Wildflowers at our City Hall to the Palm Beaches. connect to this worthwhile endeavor. BACKGROUND Juan Ponce de Lean was born in Spain in 1460. A member of a noble Spanish family, he became a soldier, fighting in a notable campaign against the Moors in Granada south of Spain. Ponce de Learn, began his exploration career as part of Christopher Columbus' second expedition to the New World (1493), after the war with the Moors ended. Hearing persistent reports of gold to be found on nearby Puerto Rico, in 1508 Ponce de Lean was officially sent by the Spanish crown, to explore the island. A year later, he returned to Hispaniola (comprising modern -day Haiti and the Dominican Republic), having found much gold but running short on supplies, and was named governor of Puerto Rico. Juan Ponce de Lebn led a European expedition to discover the.mythical fountain of youth. The Spanish crown soon encouraged Ponce de Lean to continue searching for new lands, in hopes of finding yet more gold and expanding the Spanish empire. Also around this time, he learned of a Caribbean island called Bimini, on which there were rumored to be miraculous waters that could rejuvenate those who drank from them (the fountain of youth). In 1513 Ponce de Leon led a private expedition to Bimini from Puerto Rico. In a month's time, he and his men landed. on the coast of Florida instead, He did not initially realize that he was on the mainland of North America and instead thought he had landed on another island. He named the region Florida because he discovered it at Faster time (Spanish: Pascua Florida) and because its vegetation was lush and floral. ■ � I r r DELRAY BEACH PUBLIC ART ADVISORY BOARD FLOR 500 BUDGET Nine Container Garden Wildflowers @ $50 Each ...... .... ................... ........ $450 Signage (not to exceed) ................................... ............................... $500 Maintenance ............................ ..................... ....... ... No Charge Volunteer Jeanne Fernsworth Master Gardner Group Partnership with Miami Artist Xavier Cortada / Florida 500 Year History ....... No Charge Benefits Y Beautify City Hall ® Celebrate Florida History 500 Years Ponce de Leon • Partnership with Miami Artist and State of Florida o Internet Presence of Flor500 Project and Inclusion in Video Connect with Community I Volunteer Maintenance Group • Using existing containers that already belong to the City of Delray Beach Hands On Art / Watch it grow • Dynamic Placement create focal point a Temporary / Landscape / Architectural ... Tourist / Photo Opportunity • Create Goodwill, Good Press & Good Location MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: January 10, 2013 SUBJECT: AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 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 December 31, 2012 through January 11, 2013. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission 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 Site Plan Review and Appearance Board Meeting of January 9, 2013 A. Approved (7 to 0), a Class I site plan modification associated with the placement of nine containers of wildflowers on the front lawn of City Hall, 100 NW 1st Avenue, for the FLOR 500 Temporary Art Project. B. Approved with conditions (5 to 0, Jose Aguila and Rustem Kupi stepped down), a Class I site plan modification associated with the addition of an internal splash ground fountain and a fountain/fire ring feature constructed above the concrete bamboo entryway at Boston's Tiki Bar & Fountain, located on the west side of Ocean Boulevard, south of East Atlantic Avenue (40 South Ocean Boulevard). C. Approved with conditions (5 to 2, James Knight and Alice Finst dissenting), a Class II site plan modification associated with the construction of dual drive -thru lanes for McDonald's Restaurant, located on the west side of Military Trail, north of West Atlantic Avenue (14529 South Military Trail). The associated landscape plan was approved on a 7 to 0 vote. Concurrently, the Board approved (4 to 3, James Knight, Jason Bregman and Alice Finst dissenting), a waiver to LDR Section 4.6.8 to allow the foot candle illumination levels to exceed the maximum required 12.0 foot candle (47.5 foot candle proposed). D. Approved with conditions (7 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the demolition of two duplex structures and construction of a 4 -unit townhouse development for East Indies, located on the west side of Venetian Drive, south of Ingraham Avenue (208 and 212 Venetian Drive). E. Approved with conditions (7 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with the demolition of a portion of an existing industrial building (2,500 sq. ft.) that will be replaced with a new two -story 8,668 sq. ft. building to accommodate offices for All County Paving Office Building, located on the south side of SW 10th Street, west of SW 10th Avenue (1180 SW 10th Street). RECOMMENDATION By motion, receive and file this report. Attachment: Location Map MEMORANDUM TO: Mayor and City Commissioners FROM: David Boyd, Finance Director Patsy Nadal, Purchasing Manager THROUGH: Douglas E. Smith, Interim City Manager DATE: January 10, 2013 SUBJECT: AGENDA ITEM 8.K.1 - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 PURCHASE AWARD/ DEVLAND SITE DEVELOPMENT. INC. ITEM BEFORE COMMISSION City Commission is requested to approve a blanket purchase order in the amount of $120,000.00 for the sludge removal and disposal "as needed" by Devland Site Development, Inc. The blanket will cover a period of January 2013 through September 30, 2013. Pricing and conditions per City of Coral Springs Bid #13- B -014F, agreement executed January 2, 2013, valid January 01, 2013 through December 31, 2014. BACKGROUND The WTP generates a large amount of sludge due to enhanced coagulation with ferric chloride. The average amount, including sludge processed by dewatering and sludge removed from the lagoon, is 2.5 trucks per day. The average weight of each truck load is 19 tons. Previously with Devland Site, Inc., the City was paying $218.55 per truck load and $92.89 per hour for the front end loader and operator. Under the pricing of the Coral Springs contract, the approximate cost of $175 per truck will include equipment and operator loading costs, as well as the sludge hauling and disposal costs, with an estimated of savings of at least a percent (25 %). All other trucking companies that the City dealt with over the years would only be able to dispose of sludge if there was a major project going on such as a roadway expansion. Otherwise they could only offer to haul to other landfills such as the SWA. The offer from Devland was unique in that they could haul and dispose of a large amount of sludge for an extended period of time. The City has entered into agreements with Devland Site Development, Inc. in the past and they have provided the Water Treatment Plant with exceptional service and John Bullard, Water Treatment Manager highly recommend that the City continue to contract with Devland. FUNDING SOURCE 441 - 5122 - 536.52 -21 OPERATING SUPPLIES / CHEMICALS RECOMMENDATION John Bullard, Water Treatment Manager highly recommend that the City continue to contract with Devland Site Development, Inc. for sludge removal and disposal "as needed" for an estimated annual amount of $120,000.00 per City of Coral Springs Bid #13- B -014F, agreement executed January 2, 2013, valid January 01, 2013 through December 31, 2014. Nadal, From: Bullard, John Sent Wednesday, 09.201312:27PN1 To: Nadal, Patsy Subject: Deviand Commission Amount |anm estimating vve should Qoto Commission for the amount of $120/}00(2.S trucks per day x$175 per truck load x274 days remaining in the fiscal year) for dry sludge loading, hauling, and disposal with Devland Site, Inc, Thanks again, John M.Bullard Water Treatment Plant Manager Z0OSW 6th St. Delray Beach, FL33444 561'243'7319 From: Nadal, Patsy Sent: Wednesday, January 09, 20138:33AM To: Bullard, John Subject: FW: Coral Springs Contract What $$$ amount should I use for Commission? From: Sent: Tuesday, January O8, 20139:59PM To: Bullard, John Cc: Nadal, Patsy Subject: Re: Coral Springs Contract Attached please find the contract for Coral Springs Linnmdudoe project. If you have any questions please let usknow. Thank you. Annette Deveaux, Inc. 1 CITY OF CORAL SPRINGS, FLORIDA SUBMIT BID TO, PURCHASING DIVISION BIDDER ACKNOWLEDGMENT 9551 WEST SAMPLE ROAD CORAL SPRINGS, FLORIDA 33(}65 - GENERAL CONDITIONS - THESE INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMMODITIESISERVICES ISSUED BY THE CITY OF CORAL SPRINGS, THE CITY OF CORAL SPRINGS MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE BID SHEETS, ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS INVITATION FOR BID SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER'S CONTRACT TO THE CONTRARY. BIDDER ACKNOWLEDGMENT MUST BE SIGNED AND RETURNED WITH YOUR BID SEALED BIDS, This form must be executed and submitted with all inclusive of the Invitation to Bid as wall as any special instructions Bid sheets in a sealed envelope, The face of the envelope shall if applicable. contain the above address, the date and time of Bid opening and Bid number. Bids not submitted on attached Bid Form may be INSTRUCTIONS TO BIDDERS: rejected. All Bids are subjected to the conditions specified herein. Those which do not comply with these conditions are subject to 1. DEFINED TERMS rejection. BID TITLE LIME SLUDGE REMOVAL BID NO.: 13- 6-014F BIDS WILL BE OPENED 2:00 RM. (EST) OCTOBER 24, 2012 and may not be withdrawn during the 90 calendar days following such date and time. PURCHASING AGENT (NAME & TELEPHONE NO_:) Leo Bermudez, 954 344 -1101 CORRECT LEGAL NAME OF BIDDER: (SIGNATURE OF BIDDER'S AUTHORIZED AGENT) TITLE: TYPED/PRINTED NAME OF AUTHORIZED AGENT: ADDRESS: PHONE NO: ( FEDERAL ID NUMBER OR SOCIAL SECURITY NUMBER OF BIDDER: certify that this Bid acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same commodities/ services, and is in all respects fair and without collusion or fraud I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid for the Bidder. By signature on this form, Bidder acknowledges and accepts without limitation, pages 'I through 5 1,1 Terms used in these Instructions to Bidders are defined and have the meanings assigned to them. The term "Bidder" means one who submits a Bid directly to CITY, as distinct from a sub - bidder who submits a Bid to the Bidder_ The term "Successful Bidder" means the most responsible and responsive Bidder to whom CITY (on the basis of CITY'S evaluation as hereinafter provided) makes an award. The term "CITY" refers t4 the CITY of Coral Springs, a municipal corporation of the State of Florida. The term "Bid Documents" includes the Invitation to Bid, Instructions to Bidders, Special Conditions, Bid Form, Non - Collusive Affidavit, Certificate(s) of Insurance, if required, Payment and Performance Bonds, if required, Corporate Resolution, Bid Security, if required, and the proposed Contract Documents, if any, including all Addenda issued prior to receipt of Bids. 2. COPIES OF BIDDING DOCUMENTS 2,.1 . Complete sets of. Bid. Documents. must. be. used in preparing Bids. CITY does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents. CITY, in making copies of Bid Documents available does so only for the purpose of obtaining Bids and does not confer a license or grant for any other use. 3. QUAL_IFiCATIONS OF BIDDERS Page 1 of 5 3.1 No Sid will be accepted from, nor will any contract be awarded to any person who is in arrears to the CITY, upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to CITY, or who Is deemed responsible or unreliable by the CITY 3.2 As part of the Bid evaluation process, CITY may conduct a background investigation including a record check by the Coral Springs Police Department. Bidder's submission of a Bid constitutes acknowledgment of the process and consent to such investigation. CITY shall be the sole judge in determining Bidder's qualifications, O I L3 h� A FN a o o � U W � a O N O +• 0 o 0 W o � � o H F�dse a O U o rn � 00 a M 44 �v. b p O U o tn U Q f!3 U � � o .;Uo v y p E• yK U .0 U "O o 0 . wa� kn r L U U W ti c w S-11 Ln c o � U d � �C goo Cd wa� o � � o � q-Z � o o cc �o v b U, d U a v m ¢ to U in ° o n G4 A 'AUQ� o o � U a �n N � a o U ;Z4 U a o rn � tn U Q f!3 � U O O � o .;Uo "O °° . kn r Ln � U U W ti c w S-11 c U d � -o wa� o � q-Z � o o cc �o d U a v m n G4 n Q xUdzs LIME SLUDGE REMOVAL SERVICES AGREEMENT BETWEEN CITY OF CORAL SPRINGS AND DEVLAND SITE, INC. THIS AGREEMENT, made and entered into the day of j 4 3 E 201 by and between: CITY OF CORAL SPRINGS, FLORIDA a municipal corporation 9551 West Sample Road Coral Springs, Florida 33065 (hereinafter referred to as "CITY ") AND DEVLAND SrIE, INC. a Florida corporation 1302 Wingfield Street Lake Worth, FL 33460 (hereinafter referred to as "CONTRACTOR. ") IN CONSMERATION of the mutual covenants and undertakings and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do mutually covenant and agree as follows: Section 1. LIME SLUDGE REMOVAL SERVICES 1.01 CONTRACTOR agrees to provide Lime Sludge Removal Services to the CITY pursuant to terms and conditions set forth in Invitation to Bid No, 13- B -014F, Lime Sludge Removal Services issued on October 2, 2012, as incorporated by reference herein. 1.02 CONTRACTOR acknowledges that it has been awarded a term contract to provide lime sludge removal services required by the City on an as needed basis, at various locations throughout the City and agrees to provide said services in accordance with the terms and conditions of this Agreement. Section 2. TERMS OF AGREEMENT 2.01 This Agreement will commence on January 1, 2013 and shall terminate on ]December 31, 2014, unless otherwise terminated pursuant to Section 17 of this Agreement. This agreement may be renewed for two (2) additional two (2) year terms. Devland Site, Inc. Agreement L.irne sludge removal services Doc. 120974, File 12- 0011(55) Page 1 of 9 Section 3. COMPENSATION 3.01 CITY agrees to pay to CONTRACTOR the following: $7.33 /Cubic Yard 3.02 No guarantee is expressed or implied as to the total quantity of commodities /services to be purchased under any open end. contract. The CITY reserves the right to issue purchase orders as and when required or issue a blanket purchase order for individual agencies and release partial quantities or any combination of the proceeding. 3.03 All payments for services shall be in accordance with the unit cost as designated in CONTRACTOR'S response to Bid No_ 13-- 13- 014F, as shown above. Invoices shall be submitted to the Department of Public Works, City of Coral Springs, 9551 West Sample Road, Coral Springs, Florida 33065, Attention. Torn Costantino, Utilities Superintendent. Section 4. RECORDS AND AUDIT 4.01 CITY reserves the right to audit the records of CONTRACTOR relating to this Agreement any time during the performance and term of the Agreement and for a period of three (3) years after completion and acceptance by CITY. If required by CITY, CONTRACTOR shall agree to submit to an audit by an .independent certified public accountant selected by CITY. CONTRACTOR shall allow CITY to inspect, examine and review the records of CONTRACTOR at any and all times during normal business hours during the term of this Agreement. 4.02 CONTRACTOR agrees that it shall beep accurate and complete records with regard to all services as proposed hereunder. All original records related to the services provided under the terms of this Agreement are the property of CITY and accordingly those records are subject to the Florida Public Records Law. CONTRACTOR shall not release any City records without written permission from City except as necessary and appropriate in the performance of the duties and responsibilities required to comply with the terror of any Agreement between the parties. 4.03 CONTRACTOR shall preserve and make available for inspection by CITY personnel, or by personnel duly authorized by CITY, computer data and other records related to the services provided under this Agreement. The records will be made available during normal business, hours upon twenty -four hours notice by the CITY. Section 5. INDEPENDENT CONTRACTOR STATUS 5.01 CONTRACTOR and its employees, volunteers and agents shall be and remain as independent contractors and not agents or employees of CITY, with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement Devland Site, Inc. Agreement Lime sludge removal services Doc. 120974, File 12- 0411 (55) 'age 2 of 9 shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. Section 6. CONFLICT OF INTEREST 6.01 CONTRACTOR covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with CITY. CONTRACTOR further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests, on the part of CONTRACTOR or its employees, must be disclosed in writing to CITY. 6.02 CONTRACTOR. is aware of the conflict of interest laws of the Municipal Code of the City of Coral Springs, Broward County and the State of Florida, Chapter 112, Florida Statutes (2006), as amended, and agrees that it will fully comply in all respects with the terms of said laws. 6.03 CONTRACTOR warrants that it has not employed or retained any person employed by CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay; any public official or person employed by CITY any fee, commission, percentage, brokerage fee or gift of any kind, contingent upon or resulting from the award of this privilege. Section 7. ASSIGNMENT 7.01 This Agreement is not assignable or transferable in whole or in part without the prior expressed written consent of the CITY which consent cannot be unreasonably withheld. Section 8. COIVIPLUNCE WITH )LAWS 8.01 CONTRACTOR shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida, City of Coral Springs and of any other public authority, which may be applicable to this Agreement. Section 9. VENUE 9.01 Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Br ©ward County, Florida and the prevailing party to any resultant judgment shall be entitled to an award of all reason- able attorney's fees, interest and court costs incurred by such prevailing party against the losing party including reasonable appellate attorney's fees, interest and taxable costs. Devland Site, Inc. Agreement Lime sludge removal services Doc, 120974, File 12- 0011(55) Page 3 of 9 Section. 10. GOVERNING LAW 10.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Section 11. PERMITS, FEES AND NO'T'ICES 11.01 CONTRACTOR shall use its best efforts to obtain the necessary permits as soon as possible if required for any specific work project. Any delays in obtaining permits must be brought to the attention of the Public Works Director without delay. Section 11 INSOLVENCY 1101 In the event that either party shall become insolvent, make a general assignment for the benefit of creditors, suffer or permit the appointment of a receiver for its business or its assets or shall avail itself of, or become subject to, any proceeding under the Federal Bankruptcy Act or any other statute of any state relating to insolvency or the protection of rights of creditors, or become subject to rehabilitation, then, at the option of the other party and immediately upon written notice, this Agreement shall terminate and be of no further force and effect. Section 13. ENTIRE AGREEMENT 13.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, -modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek .redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, tern -, condition or election but the same shall continue and retrain in full force and effect. Section 14. SEVERABILITY 14.01. Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. Section 15. NONDISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT 15.01 During the performance of this Agreement, CONTRACTOR -shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The CONTRACTOR will take affirmative action to ensure that employees are treated during employment, without regard to their race, creed, color, or national original. Such action trust include, but not be limited to, the following: employment, upgrading; demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for Devland Site, Inc. Agreement Lime sludge removal services Doc. 120974, File 12- 0011(55) Page 4 of 9 training, including apprenticeship. The CONTRACTOR shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. Section 16, INSURANCE 16.01 Prior to commencing work, CONTRACTOR shall provide CITY with certified copies of all insurance. policies providing coverage as required. 16.02 CONTRACTOR shall secure and maintain, at its own expanse, and keep in effect during the full period of the agreement a policy or policies of insurance, which must include the following coverages and minimum limits of liability: (a) Worker's Compensation and EMploar's Liabilit Insurance for all employees of CONTRACTOR engaged in work under the Agreement in accordance with the laws of the State of Florida. CONTRACTOR shall agree to be responsible for the employment, control and conduct of its employees and for any injury sustained by such employees in the course of their employment. (b) Comprehensive General Liabil!LK Insurance with the following minimum limits of liability: 11,000,000.00 Combined Single Limit, Bodily Injury and Property Damage Liability per occurrence Coverage shall specifically include the following minimum limits not less than those required for Bodily Injury Liability and Property Damage: $1,000.,000.00 Combined Single Limit, Bodily Injury and Property Damage Liability per occurrence (1) Premises and Operations; (2) Independent Contractors; (3) Products and Completed Operations; (4) Broad Form Property Damage; (5) Broad Form Contractual Coverage applicable to the Contract and specifically confirming the indemnification and hold harmless agreement in the Contract; (6) Personal Injury Coverage with employment and contractual exclusions removed and deleted; and (c) Comprehensive Automobile Liabikta Insurance for all owned, non -owned and hired automobiles and other vehicles used by the CONTRACTOR in the performance of the work with the following minimum limits of liability: Devland Site, Inc. Agreement Lime sludge removal services Doc. 120974, File 12 -0011 (55) Page 5 of 9 $1,000,000m Combined Single Limit, Bodily Injury and Property Damage Liability per occurrence 16.03 ALL LIABILITY INSURANCE POLICIES SHALL SPECIFICALLY PROVIDE THAT THE CITY OF CORAL SPRINGS IS AN ADDITIONAL NAMED INSURED OR ADDITIONAL, INSURED WITH RESPECT TO THE REQUIRED COVERAGES AND THE OPERATIONS OF THE CONTRACTOR. UNDER TRE AGREEMENT. INSURANCE Companies selected must be acceptable to CITY. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to CITY by certified mail. 16.04 The required insurance coverage shall be issued by an insurance company duly authorized and licensed to do business in the State of Florida with the following minimum qualifications in accordance with the latest edition of A.M. Best's Insurance Guide: Financial Stability B+ to A+ Section 17. CUMULATIVE REMEDIES 17.01 The remedies expressly provided in this Agreement to CITY shall not be deemed to be exclusive, but shall be cumulative and in addition to all other remedies in favor of CITY now or Hereafter existing at law or in equity. Section 18.. TERMINATION 18.01 Upon seven (7) calendar days written notice delivered by certified snail, return receipt requested, to the CONTRACTOR, CITE'" may without cause and without prejudice to any other right or remedy, terminate the Agreement for the CITY's convenience whenever the CITY determines that such termination is in the best interest of the CITY. Where the Agreement is terminated far the convenience of the . CITTY the notice of termination to the CONTRACTOR must state that the Agreement is being terminated for the convenience of the CITY under the termination clause and the extent of termination. Upon receipt of the Notice of Ten-nination for convenience, the CONTRACTOR shall promptly discontinue all work at the time and to the extent indicated on the Notice of Termination, terminate all outstanding sub - contractors and purchase orders to the extent that they relate to the terminated portion of the Agreement and refrain from placing further orders and sub- contracts except as they may be necessary, and complete any continued portions of the work. Devland Site, Inc. Agreement Lithe sludge removal services Doc. 120974, File 12- 0011 (55) Page 6 of 9 Section 19. NOTICES 18.01 All notices and other communications required or permitted under this Agreement skull be in writing and given by: CITY: Angelo Salomone, Purchasing Administrator City of Coral Springs 9551 West Sample Road Coral Springs, Florida 33065 Telephone: 954 -344 -1100 Facsimile: 954-344-1186 COPY TO: Rich Michaud, Director of Public Works 9551 West Sample, Road Coral Springs, Florida 33065 Telephone: 954 -344 -1165 Facsimile- . 954 -- 3445959 CONTRACTOR: Edmund Deveaux, President Devland Site, Inc. 1302 Wingfield Street Lake Worth, FL 33460 Telephone: 561 - 585 -6370 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered: on the date delivered if by personal delivery or overnight courier, or on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed; and on the date of transmission with confirmed answer back if by fax. (THIS PAGE LEFT INTENTIONALLY BLANK) Devland Site, Inc. Agreement Lime sludge removal services Doc. 120974, File 12- 001](55) Page 7 of 9 IN WITNESS WHEREOF, CITY OF CORAL SPRINGS AND DEVLAND SITE, INC have caused these presents to be executed in their respective names by the proper officials, the day and year first above written. , ATTEST: f cam, incept -Bocca , Mayor ()Sep Y haves / City 0 irk Approved as to form: ShejV L. Whitac , Deputy City Attorney Devland Site, Inc. Agreement Lime sludge removal services Doc. 120974, File 12- 0011 (55) Page 8 of 9 I' State ofr County of On this, the�Aday o r ; 2012, before me, the undersigned Notary Public of _ 6 tate of ,' `the fore o meat was acknowledged by (name) e4 (title) of 1:7-' (corfroraiion), a (state) corporation, on behalf of the corporation. WI'T'NESS my hand and official seal 1= NkNGY M, B. EDWARDS My CoMM#STW � DD 916415 EXPIRES: Uscsmbcr 12, 20 pe: 4 Sond�dThmn otigPub0cUnd tWrlffrs Devland Site, Inc. Agreement Lime sludge removal services Doc. 120974, File 12-0011(55) Personally known to me, or Poduc`- i d iden4ication: (type of identification produced) Page 9 of 9 MEMORANDUM TO: Mayor and City Commissioners FROM: Danielle Connor, Fire Chief THROUGH: Douglas E. Smith, Interim City Manager DATE: January 10, 2013 SUBJECT: AGENDA ITEM 8.K.2 - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 PURCHASE AWARD/ FISHER SAFETY FIRE AND EMERGENCY SERVICES ITEM BEFORE COMMISSION The Fire- Rescue Department staff recommends approval to purchase replacement self - contained breathing apparatus (SCBA) and associated components from Fisher Safety for $582,667.06 with pricing per Orange County, Florida contract Y12 -1086F (or better pricing). This purchase is based on the approved Capital Improvement Plan (CIP). BACKGROUND The current SCBA used by the Fire Department are approximately 20 years old and comply with the National Fire Protection Association (NFPA) Standard on Open Circuit Self - Contained Breathing Apparatus for Emergency Services, 1992 edition as well as the NFPA Standard on Personal Alert Safety Systems (PASS), 1992 edition. The current SCBA has been upgraded multiple times over the years. At present, manufacturers do not make parts for these packs, which has created both safety concerns and extended delays for repair. The current NFPA edition is 2007 and includes many safety features and upgrades that the 1992 edition did not require. The new SCBA will have several safety features including: Rapid Intervention Crew Universal Air Coupling (RICUAC) - This feature allows for the transfer of air into the SCBA cylinder worn by a trapped firefighter, from an outside air source including a spare SCBA cylinder that would be brought to the trapped firefighter. This universal coupling is common to every manufacturer of SCBA manufactured after 2002, and can be used in the event firefighters from another department, using equipment from another manufacturer, are sent to rescue one of our firefighters. CBRN Regulator — Chemical, Biological, Radiological, Nuclear. Today's firefighters are exposed to atmospheres our forefathers never imagined. This new regulator is tested and certified to protect the respiratory system of the firefighter from the airborne hazards that weapons of mass destruction (WMD) and terrorist events present. Scott Electronic Management System (SEMS) - Keeping track of firefighters on the emergency scene is difficult at best. SEMS is a state of the art system that allows an operator located outside the hazard zone /work area, to monitor the remaining air pressure and consumption status of each individual firefighter working inside the fire or hazardous environment. This computer based system also allows the operator to send an audible and visual alarm/signal to each SCBA user to evacuate should conditions dictate. FUNDING SOURCE Capital Improvement Plan (CIP) 334 - 2311 -522 -64.90 Project 12 -039 RECOMMENDATION Staff recommends approval. Fisher Safety 3970 Johns Creek Court, Suite 500 Suwanee, Georgia 30024 Fisher Safety Fire and Emergency Services PRICE QUOTATION DATE 1 212 612 01 2 FISHER SAFETY SALES REP Carter Hall Account # PAGE N0. 1 of 1 CUSTOMER NAME Delray Beach Fire Rescue ATTENTION: Kevlri Green ADDRESS 501 West Atlantic Avenue PHONE 561- 243 -7100 CITY, STATE, ZIP CODE Delray Beach, Florida 33444 FAX ESTIMATED SHIPPING DATE(S) 60 Days ITEM NO. QTY PART NUMBER DESCRIPTION List PRICE AMOUNT 1 80 AP215JF04200402 AP75, dual EBSS, SEMS, 5500, EZSCAPE IV, QC Regulator $ 8,655.00 $ 5,053.65 $ 404,292.00 2 155 200959 -01 5500 psi bottles, 45 minute duration with custom multi color loo $ 1,452.00 $ 883.50 $ 136,942.50 3 12 200972 -01 5500 psi bottles, 60 minute duration with custom multi color loo $ 1,628.00 $ 985.70 $ 11,828.40 4 20 805773 -82 SureSeal mask, medium $ 294.00 $ 176.70 $ 3,534.00 5 3 200772 -01 SEMS II base $ 1,829.00 $ 1,200.86 $ 3,602.58 6 2 200266 -03 Pak Tracker receiver $ 1,442.00 $ 946.77 $ 1,893.54 7 2 200433 -01 Pak Tracker truck charger $ 462.00 $ 303.33 $ 606.66 6 1 200673 -01 Pao Link programmer $ 987.00 $ 648.03 $ 648.03 9 33 200260 -01 EPIC voice am $ 424.00 $ 278,33 $ 9,184.69 10 170 200715 -01 SureSealEPIC adapter $ 28.00 $ 18.38 $ 3,124.60 11 3 201051 -01 SEMS II repeater $ 1,655.00 $ 1,086.62 $ 3,259.86 12 1 5421 -09 -10 Pasichek upgrade $ 1,250.00 $ 1,250.00 $ 1,250.00 13 1 805381 -06 Posichek M19 software $ 2,500.001 $ 2,500.00 $ 2,500.00 14 4 EZIV -i Escape ba loaders NIC 15 1 AP Train Airpak training NIC 16 1 ES Train Escape system train the tra[ner NIC TOTAL ;E ?g "xaE °a $ 582,667.06 Special Conditions /Comments: Pricing per Orange County Fire contract Y12- 1086F, Escape System Train the Trainer will be performed by certified instructors FOB: DELIVERED TERMS: Net 30 Days Offer expires 1-31-13 Fisher Safety Re resentative: carter Hall— Date: MES - FLORIDA 6701 -C Northpark Blvd Charlotte, NC 28216 Ship To: CITY OF DELRAY BEACH FIRE RES 501 WEST ATLANTIC AVE Delray Beach, FL 33444 Contact: Kevin Green Phone: 561 -804 -4731 Bill To: CITY OF DELRAY BEACH FIRE RES 501 WEST ATLANTIC AVE. Delray Beach, FL 33444 Telephone ..... ...................:704 - 599 -4601 Fax ..... ..............................: 704-599-4605 KAES MUNICIPAL EMERGENCY SERVICES, INCA I�' Quotation Number ................ ............ : QT_00151061 -12 Date .............. ......... .... ...... :12/18/2012 Page .. ..............................: 1 of 1 Sales order ......................: 80.00 EA Requisition .......................: 427,165.60 Your ref . .......................... .: Our ref ..............................: tcool Quotation deadline...........:1/16/2013 Payment ....: ......................: Net 30 Sales Rep ........................: tcool Terms of delivery .............: Supplier Pays Freight Item number Description Size Color Quantity Unit Unit price Amount AP215JED4200402 Scott AP75 - 5.5, Dual EBSS, 80.00 EA 5,339.57 427,165.60 SEMS II, EZ Flo wl QC, EzscapelV 200266 -03 PAK- TRACKER HAND HELD 2.00 EA 997.12 1,994.24 RECEIVER KIT 200433 -01 PAK - TRACKER 12V DC 2.00 EA 319.46 638.92 TRUCK CHARGER 200772 -01 SEMS Il MESH GATEWAY 3.00 EA 1,264.73 3,794.19 200673 -01 ASSEMBLY,WIRELESS BOOT 1.00 EA 682.50 682.50 LOADER 200969 -01 CYL & VALV, CGA, CARB, 155.00 EA 895.91 138,866.05 4515500 ASSY 200972 -01 CYL & VALV, QD, CARB, 12.00 EA 1,004.51 12,054.12 6015500 ASSY 200260 -01 EPIC VOICE AMP 33.00 EA 299.56 9,885.48 200715 -01 AV3000 ADAPTER FOR EPIC 170.00 EA 19.78 3,362.60 805773 -82 AV3000 Sure Seal wl Kevlar 20.00 EA 181.40 3,628.00 Head Harness - Medium This Quotation is subject to any applicable sales tax and shipping & handling charges that may apply. Sales balance Total discount 602,071.70 0.00 S &H Sales tax Total All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee. Custom orders are not returnable. ORAN C I TTY GOVERNMENT F L O R I D A PURCHASING AND CONTRACTS DIVISION JOHNNY M. RICHARDSON, CPPO, CFCM, Manager 400 E. South Street, 2nd Floor . Reply To: Post Office Box 1393 .Orlando, Florida 32802 -1393 407- 836 -5635. Fax: 407- 836 -5899 . http: / /-.vw�A:ocfl.net TERM CONTRACT NO.Y12 -1086F FIRE RESCUE AND HAZMAT SUPPLIES AND EQUIPMENT LOTS 4, 59 6, 9, 13, 14, 16, 189 279 289 299 30, 34, 359 449 489 50, 519 52, 539 549 579 589 59, 629 639 & 65 TO: Fisher Scientific Company, LLC 300 Industry Drive Pittsburgh, Pennsylvania 15275 This is to inform you that the Orange County Board of County Commissioners hereby enters into a term contract subject to the following: TERMS AND CONDITIONS 1. Acceptance: This contract is our acceptance of your offer in response to our Invitation for Bids No. Y12- 1086-JS, FIRE RESCUE AND HAZMAT SUPPLIES AND EQUIPMENT - Term Contract, and is subject to all terms and conditions therein. 2. Term of Contract: A. This is a term contract for the time period specified in the referenced Invitation for Bids, for the products /services covered by this contract. The County is not obligated to purchase any minimum amount of products or services, unless otherwise stipulated in the Invitation for Bids. B. This contract is effective September 22, 2012, and shall remain in effect through September 21, 2015. The estimated contract award for this period is $3,650,000.00. C. This contract may be renewed upon mutual agreement as provided in the Invitation for Bids. Any amendments to this contract must be in writing and signed by both parties. Such amendment(s) must be signed by the representative of the Orange County Purchasing and Contracts Division to be valid, binding, and enforceable. D. This contract may be cancelled or terminated as provided for in the Invitation for Bids. Revised (3/19/07) Page 1 of 2 3. Ordering against Contract: A. Unless otherwise specified in the Invitation for Bids, the County will place orders by issuance of a numbered Delivery Order against this contract. Each Delivery Order will specify the quantity, description and location for delivery. B. The obligations of Orange County under this contract are subject to need and availability of funds lawfully appropriated for its purpose by the Board of County Commissioners. 4. Taxes: The County has the following tax exemption certificates assigned. A. Certificate of Registry No. 59- 70 -004K for tax free transactions under Chapter 32, Internal Revenue Code; B. Florida Sales and Use Tax Exemption Certificate No. 85- 8012622266C- 0. 5. Invoicing: A. Invoices must be submitted, in duplicate, referencing this contract number and the Delivery Order to: Orange County Fire Rescue Department Financial Services Division P.O. Box 8579 Winter Park, Florida 32793 Phone (407) 836 -9871 B. Invoices against this contract are authorized only at the prices stated in your bid response, unless otherwise provided in the Invitation for Bids. 6. All requirements contained in any addenda to the solicitation for this procurement are part of and hereby incorporated into this contract. BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA BY: A&9xL E �i'� Ja es . Schell Jr., C.P.M., CPP F PA Purchasing and Contracts Division DATE: (2k ` A I - �'o l � Revised (3/19/07) Page 2 of 2 Issue Date: June 29, 2012 INVITATION FOR BIDS #Y12- 1086 -JS NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Orange County, Florida, henceforth referred to as the County is accepting sealed bids for: FIRE RESCUE AND HAZMAT SUPPLIES AND EQUIPMENT TERM CONTRACT Sealed bid offers in an original and three (3) copies for furnishing the above will be accepted up to 2:00 PM (local time), THURSDAY, July 19, 2012, in the Purchasing and Contracts Division, Internal Operations Centre II, 400 E. South Street, 2nd Floor, Orlando, FL 32801. Copies of the bid documents may be obtained from the Orange County Purchasing and Contracts Division at the above address. Copies may be requested by phoning (407) 836 -5635 or by download from the Internet at: Johnny M. Richardson, CPPO, CFCM Manager, Purchasing and Contracts Division NOTICE TO BIDDERS /OFFERORS To ensure that your bid /proposal is responsive, you are urged to request clarification or guidance on any issues involving this solicitation before submission of your response. Your point -of- contact for this solicitation is Jim Schell, Senior Purchasing Agent at Ji .Schellocfl. net . TABLE OF CONTENTS DESCRIPTION GENERAL TERMS AND CONDITIONS SPECIAL TERMS AND CONDITIONS BID PROPOSAL FORM REFERENCES DRUG -FREE WORKPLACE FORM SCHEDULE OF SUBCONTRACTING FORM CONFLICT OF INTEREST FORM VERIFICATION OF EMPLOYMENT STATUS CERTIFICATION FORM RELATIONSHIP DISCLOSURE FORM PAGE 2 -12 13 -19 20 -23 26 -27 RELATIONSHIP DISCLOSURE FORM - FREQUENTLY ASKED QUESTIONS (FAQ) ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT EXPENDITURE REPORT- FREQUENTLY ASKED QUESTIONS (FAQ) EXHIBIT A - LEASED EMPLOYEE AFFIDAVIT EXHIBIT B - COMMERCIAL GENERAL LIABILITY EXHIBIT C - COMMERCIAL GENERAL LIABILITY EXHIBIT D -WORKERS COMPENSATION & EMPLOYEES LIABILITY INSURANCE POLICY EXHIBIT E - WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US GENERAL TERMS AND CONDITIONS 1. GENERAL INFORMATION These specifications constitute the complete set of specification requirements and bid forms. The bid proposal page(s), and all forms listed on the bid proposal page(s) shall be completed, signed, and sealed in an envelope bearing the bid number on the outside and mailed or presented to the Purchasing and Contracts Division on or before the specified time and date. Failure to comply with the preceding requirements shall result in the rejection of the bid. Bids submitted by e-mail, telephone, fax, or telegram shall not be accepted. An e- mailed or a faxed bid shall be rejected as non - responsive regardless of where it is received. It is the sole responsibility of the Bidder to ensure that their bid reaches the Purchasing and Contracts Division. All bids, unless otherwise specified, must be delivered to the following address no later than the time and date specified in the solicitation: Purchasing and Contracts Division Internal Operations Centre II 400 E. South Street, 2nd Floor Orlando, FL 32801 Bidders are cautioned that they are responsible for delivery to the specific location cited above. Therefore, if your bid is delivered by an express mail carrier or by any other means, it is your responsibility to ensure delivery to the above address. This office will not be responsible for deliveries made to any place other than the specified address. The County shall not be responsible for delays caused by any occurrence. The time /date stamp clock located in the Purchasing and Contracts Division shall serve as the official authority to determine lateness of any bid. The bid time shall be scrupulously observed. Under no circumstances shall bids delivered after the time specified be considered. Late bids will be returned to the Bidder unopened. The decision to refuse to consider a bid or proposal that was received beyond the date /time established in the solicitation shall not be the basis for a protest pursuant to the Orange County Code (Procurement Ordinance). All bids must be typewritten or filled in with pen and ink, and must be signed in ink by an officer or employee having authority to bind the company or firm. Errors, corrections, or changes on any document must be initialed by the signatory of the bid. Bidders shall not be allowed to modify their bids after the opening time and date. Bid files may be examined during normal working hours, (30) days after bid opening or upon recommendation for award, whichever occurs first. Bidders desiring to view these documents are urged to schedule an appointment. Page 2 For information concerning this bid, please contact the Purchasing and Contracts Division at the address listed above or by calling (407) 836 -5635. Please specify the bid number for which you are inquiring. 2. PRICE /DELIVERY Price(s) quoted must be the price(s) for new merchandise unless otherwise specified. Any bids containing modifying or "escalator" clauses will not be considered unless specifically requested in the bid specifications. "Acceptance" as herein used means the acceptance by Orange County after the, Purchasing and Contracts Division Manager, or authorized agent has, by inspection or test of such items, determined that they fully comply with specifications. Deliveries resulting from this bid are to be made during the normal working hours of the County. Time is of the essence and the Contractor's delivery date must be specified and adhered to. Should the Contractor, to whom the order or contract is awarded, fail to deliver on or before the stated date, the County reserves the right to CANCEL the order or contract and make the purchase elsewhere, and the Contractor will be required to compensate the County for the difference in price paid for the alternate product. The Contractor shall be responsible for making any and all claims against carriers for missing or damage items. Partial shipments will be acceptable unless otherwise stated. 3. FEDERAL AND STATE TAX The County is exempt from Federal and State Sales and Use Taxes for tangible personal property (Certificate of Registry for tax transactions under Chapter 32, Internal Revenue Code and Florida Sales /Use Tax Exemption Certificate). The Purchasing and Contracts Division Manager will sign an exemption certificate submitted by the Contractor. Contractors doing business with the County shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor shall any Contractor be authorized to use the County's Tax Exemption Number in securing such materials. 4. ACCEPTANCE /REJECTION /CANCELLATION The County reserves the right to accept or to reject any or all bids and to make the award to that bidder who, in the opinion of the County, will be in the best interest of and /or the most advantageous to the County. The County also reserves the right to reject the bid of any bidder who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who, in the County's opinion, is not in a position to perform properly under this award. The County reserves the right to inspect all facilities of bidders in order to make a determination as to the foregoing. The County reserves the right to waive any irregularities and technicalities and may, at its discretion, request a re- bid. Award will be made to the lowest responsive and responsible bidder as determined by the County. Page 3 The County reserves the right, and the Purchasing and Contracts Division Manager, has absolute and sole discretion, to cancel a solicitation at any time prior to approval of the award by the Board of County Commissioners when such approval is required. The decision to cancel a solicitation cannot be the basis for a protest pursuant to the Orange County Code. 5. NO BID Where more than one item is listed, any items not bid upon shall be indicated as "NO BID ". 6. CONFLICT OF INTEREST The award is subject to provisions of applicable State Statutes and County Ordinances. All bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of Orange County. Further, all bidders must disclose the name of any County employee who owns, directly or indirectly, an interest of ten percent (10 %) or more in the Bidder's firm or any of its branches. Should the Contractor permanently or temporarily hire any County employee who is, or has been, directly involved with the Contractor prior to or during performance of the resulting contract, the contract shall be subject to immediate termination by the County. 7. LEGAL REQUIREMENTS All applicable Federal and State laws, Municipal and County ordinances, that in any manner affect the items covered herein apply. Lack of knowledge by the Bidder shall in no way be a cause for relief from responsibility. A. Contractors doing business with the County are prohibited from discriminating against any employees, applicant, or client because of race, religion, color, disability, national origin, gender, or age with regard to but not limited to the following: employment practices, rates of pay or other compensation methods, and training selection. B. Minority/Women Business Enterprises (M /WBE) indicates a business entity of which 51% or more is owned and operated by a minority. In this instance, minority group members are citizens of the United States or lawfully admitted permanent residents who are Black, Hispanic, Women, Native American, Asian - Pacific, Asian - Indian. Businesses wishing to participate in the County procurement process as an M/WBE are required to complete a certification application to attain recognition as such. You may contact the Purchasing and Contracts Division or the Business Development Division for information and assistance. 8. UNIFORM COMMERCIAL CODE The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the Contractor and the County for any terms and conditions not specifically stated in this Invitation for Bid. Page 4 9. MISTAKES In the event of extension error(s), the unit price will prevail and the Bidder's total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail and the Bidder's total will be corrected accordingly. Bidders must check their bid where applicable. Failure to do so will be at the Bidder's risk. Bids having erasures or corrections must be initialed in ink by the Bidder. 10. AVAILABILITY OF FUNDS The obligations of the County under this award are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the Orange County Board of County Commissioners, or other specified funding source for this procurement. 11. EEO STATEMENT It is hereby declared that equal opportunity and nondiscrimination shall be the County's policy intended to assure equal opportunities to every person, regardless of race, religion, sex, sexual orientation and gender expression /identity, color, age, disability or national origin, in securing or holding employment in a field of work or labor for which the person is qualified, as provided by Section 17 -314 of the Orange County Code and the County Administrative Regulations. Further, the Contractor shall abide by the following provisions: A. The Contractor shall represent that the Contractor has adopted and maintains a policy of nondiscrimination as defined by applicable County ordinance throughout the term of this contract. B. The Contractor shall allow reasonable access to all business and employment records for the purpose of ascertaining compliance with the non - discrimination provision of the contract. The provisions of the prime contract shall be incorporate by the Contractor into the contracts of any applicable subcontractors. 12. BID TABULATION AND RESULTS Bid tabulations shall be available ten (10) days after opening on the Orange County website at: __ .// .oc 1. /or I /bidresu1ts/[22M!1§,2sR 13. BID FORMS All bids must be submitted on the County's standard Bid Response Form. Bids on Bidder's quotation forms shall not be accepted. Page 5 14. FLORIDA PREFERENCE In the event this Invitation for Bids is to acquire personal property and the lowest responsive and responsible bid submitted in response to this Invitation for Bids, is by a bidder whose principal place of business is in a state other than Florida and such state or political subdivision thereof grants a preference for the purchase of personal property to a person whose principal place of business is in said state, then Orange County Florida may award a preference to the lowest responsive and responsible bidder having a principal place of business within the State of Florida. Such preference shall be equal to the preference granted by the state in which the lowest responsive and responsible bidder has its principal place of business. This section shall not apply to transportation projects in which Federal aid funds are used. Any bidder whose principal place of business is outside the State of Florida must accompany any written bid documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts. Reference Florida Statutes 287.084. 15. RECIPROCAL IN -STATE PREFERENCE In the event the lowest responsive and responsible bid submitted in response to any Invitation for Bids is by a bidder whose principal place of business is in a county other than Orange County, and such county grants a bid preference for purchases to a bidder whose principal place of business is in such a county, then Orange County may award a preference to the next lowest responsive and responsible bidder having a principal place of business within Orange County Florida. Such preference shall be equal to the preference granted by the county in which the lowest responsive and responsible bidder has its principal place of business. 16. POSTING OF RECOMMENDED AWARD AND PROTESTS The recommended award will be posted for review by interested parties at the Purchasing and Contracts Division and at: ®ll .ocfl.net/OrangeBids/Aw rdsRec/de ul.a prior to submission through the appropriate approval process and will remain posted for a period of five (5) full business days. • Orange County Lobbyist Regulations General Information http://www. or cou ntyf l. net/O pen ov ernment/LobbingAtOrangeC 2yDty.aspx A lobbying blackout period shall commence upon issuance of the solicitation until the Board selects the Contractor. For procurements that do not require Board approval, the blackout period commences upon solicitation issuance and concludes upon contract award. Page 6 The Board of County Commissioners may void any contract where the County Mayor, one or more County Commissioners, or a County staff person has been lobbied in violation of the black -out period restrictions of Ordinance No. 2002 -15. Orange County Protest Procedures http://www.orangecountyfl.n / or rvic / or rot roc ur .a Failure to file a protest with the Purchasing and Contracts Manager by 5:00 PM on the fifth full business day, after posting, shall constitute a waiver of bid protest proceedings. 17. BID AND RELATED COSTS By submission of a bid, the Bidder agrees that any and all costs associated with the preparation of the bid will be the sole responsibility of the Bidder. The Bidder also agrees that the County shall bear no responsibility for any costs associated with the preparation of the bid including but not limited to any administrative or judicial proceedings resulting from the solicitation process. 18. CONTRACTUAL AGREEMENT This Invitation for Bids shall be included and incorporated in the final contract or purchase order. The order of contract precedence will be the contract (purchase order), bid document, and response. Any and all legal actions associated with this Invitation for Bids and /or the resultant contract (purchase order) shall be governed by the laws of the State of Florida. Venue for any litigation involving this contract shall be the Ninth Circuit Court in and for Orange County, Florida. 19. PUBLIC ENTITY CRIME Section 287.133(3)(d), Florida Statutes, provides that the Florida Department of Management Services shall maintain a list of the names and addresses of those who have been disqualified from participating in the public contracting process under this section. suspended lists/convicted vendor list A person or affiliate who has been placed on The Convicted Vendor list following a conviction for a public entity crime shall not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, shall not submit bids on leases of real property to a public entity, shall not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and shall not transact business with any public entity in excess of the threshold amount provided in Florida Statute Section 287.017, for CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on The Convicted Vendor List. Page 7 20. DRUG -FREE WORKPLACE FORM The Drug -Free Workplace Form, attached hereto, shall be submitted prior to award of the bid. Failure to submit this form prior to award of the bid shall result in rejection /disqualification of your bid. Failure to certify the firm has a drug -free workplace in accordance with Florida Statute 287.087 shall result in rejection /disqualification of your bid. 21. SUBCONTRACTING Bidders subcontracting any portion of the work shall state name and address of subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors Form ". 22. CONFLICT OF INTEREST FORM Bidder shall complete the Conflict of Interest Form attached hereto and submit it with their bid. 23. ETHICS COMPLIANCE The following forms are included in this solicitation and shall be completed and submitted as indicated below: A. Orange County Specific Project Expenditure Report -The purpose of this form is to document any expenses incurred by a lobbyist for the purposes described in Section 2 -351, Orange County Code. This form shall be completed and submitted with all bid responses to an Orange County solicitation. Any questions concerning this form shall be addressed to the purchasing agent or contract administrator identified in the applicable solicitation. B. Relationship Disclosure Form — The purpose of this form is to document any relationships between a bidder, proposer or responder to an Orange County solicitation and the Mayor or any other member of the Orange County Board of County Commissioners. This form shall be completed and submitted with the applicable bid, proposal, or response to an Orange County solicitation. No contract award shall be made unless these forms have been completed and submitted with the bid. Any questions concerning these forms shall be addressed to the purchasing agent or contract administrator identified in this solicitation. Also, a listing of the most frequently asked questions concerning these forms is attached to each for your information. 24. SUBMISSION OF BID The bid must be mailed or hand delivered in a sealed envelope to: Page 8 ORANGE COUNTY PURCHASING & CONTRACTS DIVISION Internal Operations Centre II 400 E. South Street, 2nd Floor Orlando, Florida 32801 Bidders must indicate on the sealed envelope the following: A. Invitation for Bids Number B. Hour and Date of Opening C. Name of Bidder Bids received after the time, date, and /or at the location specified, due to failure to identify the envelope with the above information shall be rejected. 25. COPIES Copies of documents, records, materials, and /or reproductions requests will be charged in accordance with Orange County's fee schedule. Copyrighted materials may be inspected, but cannot be copied or reproduced per Federal law. 26. PROPRIETARY /RESTRICTIVE SPECIFICATIONS Prospective bidders who feel the specifications contained herein are proprietary or restrictive in nature, thus potentially resulting in reduced competition, must contact the Purchasing and Contracts Division upon receipt of this Invitation for Bids prior to bid opening. Specifications which are unrelated to performance will be considered for deletion via addendum to this Invitation for Bids. 27. VENDOR ASSISTANCE WITH SPECIFICATIONS Any prospective bidder who assisted the County in developing or writing the specifications contained herein are requested to so note such on the bid proposal page of their bid response. 28. PAYMENT TERMS /DISCOUNTS The County's payment terms are in accordance with Florida Statute 218, Florida Prompt Payment Act. Cash discounts for prompt payment shall not be considered in determining the lowest net cost for bid evaluation purposes. 29. PATENTS AND ROYALTIES Unless otherwise provided, the Contractor shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of the contract resulting from this Invitation for Bids. The Contractor, without exception, shall indemnify and save harmless the County and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by the Contractor. In the Page 9 event of any claim against the County of copyright or patent infringement, the County shall promptly provide written notification to the Contractor. If such a claim is made, the Contractor shall use its best efforts to promptly purchase for the County any infringing products or services or procure a license, at no cost to the County, which will allow continued use of the service or product. If none of the alternatives are reasonably available, the County agrees to return the article on request to the Contractor and receive reimbursement, if any, as may be determined by a court of competent jurisdiction. 30. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold harmless the County, its officials, agents, and employees from and against any and all claims, suits, judgments, demands, liabilities, damages, cost and expenses including attorney's fees of any kind or nature whatsoever arising directly or indirectly out of or caused in whole or in part by any act or omission of the Contractor or its subcontractors, anyone directly or indirectly employed by them, or anyone for whose acts any of them may be liable; excepting those acts or omissions arising out of the sole negligence of the County. 31. CLARIFICATIONS It is the Bidder's responsibility to become familiar with and fully informed regarding the terms, conditions and specifications of this Invitation for Bids. Lack of understanding and /or misinterpretation of any portions of this Invitation for Bids shall not be cause for withdrawal of your bid after opening or for subsequent protest of award. Bidder's must contact the Purchasing and Contracts Division, at the phone number on the bid cover sheet prior to bid opening, should clarification be required. Modification or alteration of the documents contained in the solicitation or contract shall only be valid if mutually agreed to in writing by the Bidder and the County. 32. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION By submission of this bid, the Bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, that in connection with this procurement: A. The prices in this bid have been arrived at independently, without consultation, collusion, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. B. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly to any other Bidder or to any competitor; and, Page 10 C. No attempt has been made or shall be made by the Bidder to induce any other person or bidder to submit or not to submit a bid for the purpose of restricting competition. 33. SUCCESSORS AND ASSIGNS The County and the Contractor each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract and to the partners, successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the County nor the Contractor shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the County which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the County and the Contractor. 34. PRICING /AUDIT The Contractor shall establish and maintain a reasonable accounting system, which enables ready identification of Contractor's cost of goods and use of funds. such accounting system shall also include adequate records and documents to justify all prices for all items invoiced as well as all charges, expenses and costs incurred in providing the goods for at least five (5) years after completion of this contract. The County or its designee shall have access to such books, records, subcontract(s), financial operations, and documents of the Contractor or its subcontractors, as required to comply with this section for the purpose of inspection or audit anytime during normal business hours at the Contractor's place of business. This right to audit shall include the Contractor's subcontractors used to procure goods or services under the contract with the County. Contractor shall ensure the County has these same rights with subcontractors and suppliers. 35. EMPLOYEES OF THE CONTRACTOR All work under this contract shall be performed in a professional and skillful manner. The County may require, in writing, that the Contractor, remove from this contract any employee the County deems incompetent, careless, or otherwise objectionable. 36. TOBACCO FREE CAMPUS All Orange County operations under the Board of County Commissioners shall be tobacco free. This policy shall apply to parking lots, parks, break areas and worksites. It is also applicable to Contractors and their personnel during contract performance on County owned property. Tobacco is defined as tobacco products including, but not limited to, cigars, cigarettes, pipes, chewing tobacco and snuff. Failure to abide by this policy may result in civil penalties levied under Chapter 386, Florida Statutes and /or contract enforcement remedies. Page 11 37. CONTRACT CLAIMS "Claim" as used in this provision means a written demand or written assertion by one of the contracting parties seeking as a matter of right, the payment of a certain sum of money, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. Claims made by a Contractor against the County, relating to a particular contract shall be submitted to the Purchasing and Contracts Manager in writing clearly labeled "Contract Claim" requesting a final decision. The Contractor also shall provide with the claim a certification as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the County is liable; and that I am duly authorized to certify the claim on behalf of the Contractor.." Failure to document a claim in this manner shall render the claim null and void. No claim shall be accepted after final payment of the contract. The decision of the Purchasing and Contracts Manager shall be issued in writing and shall be furnished to the Contractor. The decision shall state the reasons for the decision reached. The Purchasing and Contracts Division Manager shall render the final decision within sixty (60) days after receipt of Contractor's written request for a final decision. The Purchasing and Contracts Division Manager's decision shall be final and conclusive. The Contractor shall proceed diligently with performance of this contract pending final resolution of any request for relief, claim, appeal or action arising under the contract and shall comply with any final decision rendered by the Purchasing and Contracts Division Manager. 38. VERIFICATION OF EMPLOYMENT STATUS Prior to the employment of any person under this contract, the Contractor shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of (a) all persons employed during the contract term by the Contractor to perform employment duties within Florida and (b) all persons, including subcontractors, assigned by the Contractor to perform work pursuant to the contract with Orange County. For more information on this process, please refer to United States Citizenship and Immigration Service site at- httr)-//www.uscis.qov/r)ortal/site/uscis. Only those employees determined eligible to work within the United States shall be employed under this contract. By submission of a bid in response to this solicitation, the Contractor affirms that all employees in the above categories shall undergo e- verification before placement on this contract. The Contractor shall commit to comply with this requirement by completing the E- Verification certification, attached to this solicitation. Page 12 SPECIAL TERMS AND CONDITIONS 1. QUALIFICATION OF BIDDERS This bid shall be awarded to a responsible, responsive bidder, qualified by experience to provide the work specified. The Bidder shall submit the following information with the bid: A. List a brief description of similar work satisfactorily completed with location, dates of contract, names, addresses and telephone numbers of owners by completing the attached reference sheets. B. List of personnel who will be responsible for servicing the Orange County account to include telephone numbers, e-mail addresses and cell telephone numbers. C. Bidders, other than manufacturers, shall be factory authorized distributors and /or repair facilities and submit a letter from the manufacturer being bid stating same. Failure to submit the above requested information may be cause for rejection of your bid. 2. MANUFACTURERS The manufacturers listed in this bid are the only manufacturers that will be considered. Do not offer alternate manufacturers as they will not be considered for contract award. 3. LICENSES AND PERMITS Prior to furnishing the requested product(s) or service(s), it shall be the responsibility of the Contractor to obtain, at no additional cost to Orange County, any and all licenses and permits required to complete this contractual service. These licenses and permits shall be readily available for review by the Purchasing and Contracts Division Manager or authorized designee. 4. BID ACCEPTANCE PERIOD A bid shall constitute an irrevocable offer for a period of ninety (90) days from the bid opening date or until the date of award, whichever is earlier. In the event that an award is not made by the County within ninety (90) days from the bid opening date, the Bidder may withdraw his bid or provide a written extension of his bid. 5. AWARD Award shall be made on a lot -by -lot basis. Award shall be made to the responsive and responsible bidder who submits the highest discount from the manufacturer's most recent published price list, as submitted with the bid, for each lot. Page 13 6. F.O.B. POINT The F.O.B. point shall be a destination within Orange County. The bid shall include all costs of packaging, transporting, delivery and unloading. This shall include inside delivery if requested to the designated point within Orange County. 7. DELIVERY Delivery time is of the essence in the award of this Invitation for Bids. The delivery requirements for each manufacturer (lot) are indicated on the Bid Proposal Form. Bids submitted which fail to meet these requirements shall be cause for rejection. It is hereby understood and mutually agreed to by and between parties hereto that the time of delivery is an essential condition of this contract. 8. TERMINATION A. Termination for Default: The County may, by written notice to the Contractor terminate this contract for default in whole or in part (delivery orders, if applicable) if the Contractor fails to: 1. Provide products or services that comply with the specifications herein or fails to meet the County's performance standards 2. Deliver the supplies or to perform the services within the time specified in this contract or any extension. 3. Make progress so as to endanger performance of this contract 4. Perform any of the other provisions of this contract. Prior to termination for default, the County shall provide adequate written notice to the Contractor through the Purchasing and Contracts Division Manager, affording him /her the opportunity to cure the deficiencies or to submit a specific plan to resolve the deficiencies within ten (10) days (or the period specified in the notice) after receipt of the notice. Failure to adequately cure the deficiency shall result in termination action. Such termination may also result in suspension or debarment of the Contractor in accordance with the County's Procurement Ordinance. The Contractor and its sureties (if any) shall be liable for any damage to the County resulting from the Contractor's default of the contract. This liability includes any increased costs incurred by the County in completing contract performance. In the event of termination by the County for any cause, the Contractor shall have, in no event, any claim against the County for lost profits or compensation for lost opportunities. After a receipt of a Termination Page 14 Notice and except as otherwise directed by the County the Contractor shall: 1. Stop work on the date and to the extent specified. 2. Terminate and settle all orders and subcontracts relating to the performance of the terminated work 3. Transfer all work in process, completed work, and other materials related to the terminated work as directed by the County. 4. Continue and complete all parts of that work that have not been terminated. If the Contractor's failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor the contract shall not be terminated for default. Examples of such causes include (1) acts of God or the public enemy, (2) acts of a government in its sovereign capacity, (3) fires, (4) floods, (5) epidemics, (6) strikes and (7) unusually severe weather. B. Termination for Convenience: The County, by written notice, may terminate this contract, in whole or in part, when it is in the County's interest. If this contract is terminated, the County shall be liable only for goods or services delivered and accepted. The County Notice of Termination shall provide the Contractor thirty (30) days prior notice before it becomes effective. A termination for convenience may apply to individual delivery orders, purchase orders or to the contract in its entirety. 9. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH Bidder certifies that all material, equipment, etc., contained in their bid meets all OSHA requirements. Bidder further certifies that if they are the awarded Contractor, and the material, equipment, etc., delivered is subsequently found to be deficient in any OSHA requirements in effect on date of delivery, all costs necessary to bring the material, equipment, etc., into compliance with the aforementioned requirements shall be borne by the Contractor. Partial payments in the full amount for the value of items received and accepted may be requested by the submission of a properly executed invoice, with supporting documents if required. Payment shall be made in accordance with Florida Statute 218, Florida Prompt Payment Act. Payment for accepted equipment /supplies /services shall be accomplished by submission of an invoice, in duplicate, to: Page 15 Orange County Fire Rescue Department Financial Services Division P.O. Box 8579 Winter Park, Florida 32793 Phone (407) 836 -9871 In the event additional County Departments or other public entities utilize this contract, invoices are to be sent directly to the Department or entity placing the order. 11. EQUIPMENT /SERVICE A. The scope of these specifications is to insure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Contractor from furnishing a complete unit. B. All equipment shall be new, or current manufacture in production at the time of bid opening and carry standard warranties. The Contractor shall service all equipment prior to delivery. C. Bid proposals shall be considered only on equipment which can, on short notice, be serviced and maintained by the Contractor. At the time of bid opening, the Bidder shall be an authorized dealer, distributor, and /or representative of the manufacturer for the brand /model being bid. For the purposes of this bid solicitation, dealer, distributor, and /or representative means a firm or person that owns, operates, or maintains a store, warehouse, or other establishment in which materials, supplies, parts, articles, or equipment of the general character described in the specifications are bought, kept in stock and sold commercially or to the general public in the usual course of business. The Bidder shall maintain a normal supply of repair parts and be equipped with personnel and facilities to provide such service as necessary to keep the equipment in operation with a minimum of delay. Failure to meet these requirements, in the County's sole opinion, may be cause for rejection. D. Bidder shall indicate the nearest available location for replacement parts, how long parts shall be available on the market and the number of days to receive parts after receipt of order. The space for this information is included on the Bid Proposal Page. 12. WARRANTY The Contractor shall fully warrant all equipment furnished hereunder against defect in materials and /or workmanship for a period of one (1) year from date of delivery /acceptance by Orange County. Should any defect in materials or workmanship, except ordinary wear and tear, appear during the above stated warranty period, the Contractor shall repair or replace same at no cost to the County, immediately upon written notice from the County's authorized Page 16 representative. The Contractor shall be responsible for either repairing the equipment on site or transporting the equipment to his /her repair facility at no cost to the County. All warranty provisions of the Uniform Commercial Code shall additionally apply. 13. MANUALS The following manuals, in the quantities indicated, shall be delivered with each piece of equipment. The cost of these manuals shall be included in the unit price. Operation Manual 2 copies Parts Manual 2 copies Repair Manual 2 copies 14. CONTRACT TERM /RENEWAL A. The contract resulting from this Invitation for Bids shall commence effective upon issuance of a term contract by the County and extend for a period of three (3) years. The contract may be renewed for two (2) additional one (1) year periods, upon mutual agreement of both parties. If any such renewal results in changes in the terms and conditions, such changes shall be reduced to writing as an amendment to this contract and such amendment shall be executed by both parties. Renewal of the contract shall be subject to appropriation of funds by the Board of County Commissioners. B. The initiating County department(s) shall issue delivery orders against the term contract on an "as needed" basis. C. If the quantity of a unit priced item in this contract is an estimated quantity and the actual quantities ordered are more than 50% above the estimated quantity, the County shall enter into negotiations with the Contractor for a lower unit price which shall be incorporated into the contract. Failure of the Contractor to agree to a reduced unit price may result in the termination of the contract and re- solicitation of the requirement. D. Any order issued during the effective period of this contract, but not completed within that period, shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and the County's rights and obligations with respect to that order to the extent as if the order were completed during the contract performance period. 15. PRICE LISTS The price of all items on this bid, except labor, will be based upon the discount from a price list(s). Bidders must submit one hard copy price list and the same Page 17 price list on a 3.5" diskette, or CD, if available as a Word or Excel for Windows file, with their bid. 16. USE OF CONTRACT BY OTHER GOVERNMENT AGENCIES At the option of the Contractor, the use of the contract resulting from this solicitation may be extended to other governmental agencies, including the State of Florida, its agencies, political subdivisions, counties, and cities. Each governmental agency allowed by the Contractor to use this contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. 17. BID PREFERENCE The Orange County M/WBE Ordinance sets minimum annual contract dollar participation goals for minority /women business enterprise firms as follows: Goods — 10% and Services — 24 %. As part of this program, Contractors are required to complete the attached Schedule of Subcontracting Form listing ALL Subcontractors (majority, women and minority) their firm shall utilize in fulfillment of the requirements of this solicitation. Also, in accordance with the County M/WBE Ordinance, award of this Invitation for Bids may be made to the lowest responsive and responsible certified Minority/Women Business Enterprise Bidder as long as that bid does not exceed the percentages listed below: 8% on bid awards up to $100,000; 7% on bid awards from $100,000 to $500,000; 6% on bid awards from $500,000.01 to $750,000.00; 5% on bid award from $750,000.01 to $2,000,000; 4% on bid awards from $2,000,000.01 to $5,000,000; or 3% on bid awards over $5,000,000.01. 18. CONDITIONS FOR EMERGENCY /HURRICANE OR DISASTER - TERM CONTRACTS It is hereby made a part of this Invitation for Bids that before, during and after a public emergency, disaster, hurricane, flood, or other acts of God that Orange County shall require a "first priority" basis for goods and services. It is vital and imperative that the majority of citizens are protected from any emergency situation which threatens public health and safety, as determined by the County. Contractor agrees to rent /sell /lease all goods and services to the County or other governmental entities as opposed to a private citizen, on a first priority basis. The County expects to pay contractual prices for all products or services required during an emergency situation. Contractor shall furnish a twenty -four (24) hour phone number in the event of such an emergency. Page 18 19. REFERENCES A contact person shall be someone who has personal knowledge of the Bidder's performance for the specific requirement listed. Contact person shall have been informed that they are being used as a reference and that the County may be calling them. More than one person can be listed but all shall have knowledge of the project. The reference shall be the owner or a representative of the owner. Contractors who provided services under the referenced project (contract) shall not be accepted as references. DO NOT list principals or officers who shall not be able to answer specific questions regarding the project. Failure of references listed to respond to the County's inquiries may negatively impact the responsibility of the Bidder. 20. Inquiries regarding this Invitation for bids may be directed to Jim Schell, Senior Purchasing Agent, at telephone number (407) 836 -5410. 21. REQUIREMENTS CONTRACT This is a Requirements Contract and the County's intent is to order from the Contractor all of the goods or services specified in the contract's price schedule that are required to be purchased by the County. If the County urgently requires delivery of goods or services before the earliest date that delivery may be required under this contract, and if the contractor will not accept an order providing for accelerated delivery, the County may acquire the goods or services from another source. The County's requirements in this contract are estimated and there is no commitment by the County to order any specified amount. Also, if the estimated quantities are not achieved, this shall not be the basis for an equitable adjustment. Moreover, if the Manager of Purchasing and Contracts determines that the Contractor's performance is less than satisfactory, the County may order the goods or services from other sources until the deficient performance has been cured or the contract terminated. Page 19 BID PROPOSAL FORM pR161NA� Y12- 1086-JS FIRE RESCUE AND HAZMAT SUPPLIES AND EQUIPMENT The Contractor shall provide all labor and other resources necessary to provide the supplies, equipment and /or services in strict accordance with the specifications defined in this solicitation for the amounts specified in this Bid Proposal Form, inclusive of overhead, profit and any other costs. Lots 1 through 69 are Percentage Discounts for Equipment and Parts, manufacturer's most recently published price list. LOT NO. MANUFACTURER % DISCOUNT 1. Ajax 2. Akron, parts A / i �i l 3. Akron, non -parts 4. Alco -Lite Delivery for Lots 1 through 4 shall be no later than 60 days ARO. 5. Amerex 6. American Firewear Delivery for Lots 5 and 6 shall be no later than 45 days ARO. 7. Amkus 8. Angus Delivery for Lots 7 and 8 shall be no later than 60 days ARO. 9. Brady Labelizer Delivery for Lot 9 shall be no later than 30 days ARO. 10. Bullard, head protection 11. Bullard, thermal imaging 12. Circle D 13. CIVIC JJ f Company Name Page 20 f2. 4/P z1/0_ 2-3.1 A/0 ID Al v Z2/ LOT NO. MANUFACTURER 14. Drager, gas detection 15. Drager, respiratory 16. DuPont 17. E -One 18. Ergodyne 19. Firecom 20. Fire Hooks Unlimited Delivery for Lots 10 through 20 shall be no later than 45 days ARO. 21. Hale /Class 1, Category A, 22. Hale /Class 1, Category B, 23. Hale /Class 1, Category C, 24. Hale /Class 1, Category E, 25. Hale /Class 1, Category H, Delivery for Lots 21 through 25 shall be no later than 60 days ARO. 26. Globe 27. Honeywell, bunker gear 28. Honeywell, boots 29 Honeywell, helmets 30. Honeywell, accessories 31. Hubbell, wiring devices 32. Hurst 33. Janesville /Lion 34. Kocheck, fire hose 35. Kocheck, non fire hose Page 21 % DISCOUNT % �J& /VP 1. ry i) D i-2 i 4;- /� r VO A/0� T LOT NO. MANUFACTURER % DISCOUNT 36. Mercedes, fire hose 37. Milwaukee Strap i 38. MSA, thermal imaging 39. MTS (7 40. National Foams C ° 41. Niedner, fire hose + %° 42. Paratech D 43. Partner Saws No BiD 44. Paulson D / ° 45. Radio Tech 46. RAE Systems / - 47. Red Head 48. Ringer Gloves 49. Scott Safety, compressors / D 50. Scott Safety, respiratory (non -NPFA) 51. Scott Safety, SCBA (NFPA) J g 52. Scott Safety, thermal imaging ° 53. Shelby 54. Shelby, extraction gloves L� 55. Snaptite, fire hose (.�i I ( ArnFr (am,, f iv`ec,) 56. Snaptite, non fire hose (�} ,L�,h�,, �'sQ) -2� 57. Sperian, gas detection Z5 �- 58. Sperian, respiratory ° 59. Streamlight D Page 22 LOT NO. MANUFACTURER % DISCOUNT 60. Supervac, parts N-1 } 61 I� 61. Supervac, non -parts 62. Thermo Scientific, radiation detection 63. Thermo Scientific, portable optical analysis 64. Tingley 2- Lo 65. True North 66. Whelen Products 67. Williams Fire Hazard, firefighting foams ELL) 68. Worden D f I 69. Zico Ziamatic Z Delivery for Lots 26 through 69 shall be no later than 45 days ARO. IMPORTANT NOTE: When completing your bid, do not attach any forms which may contain terms and conditions that conflict with those listed in the County's bid documents(s). Inclusion of additional terms and conditions such as those which may be on your company's standard forms shall result in your bid being declared non - responsive as these changes will be considered a counteroffer to the County's bid. Delivery shall be not later than indicated for each manufacturer (lot) on the Bid Proposal Form After Receipt of Order (ARO) per Special Terms and Conditions V. Parts Availability (ARO): Parts -/ 3 hours, '� calendar days, Nearest Parts Location: �`�a` - 112w&7)- � L)gtS- &I - �it-'Lc11, List contact person /telephone number for parts facility: 9)il'�?l�� Inquiries regarding this Invitation for bids may be directed to Jim Schell, Senior Purchasing Agent, at Jim.SchelICa)ocfl.net Page 23 Bid Response Documents - The following documents constitute your bid: A. Bid Response Form, Authorized Signatories /Negotiators, Drug -Free Workplace, Schedule of Sub - Contracting, Conflict/Non- Conflict of Interest Form, E- Verification Certification, and current W9, Relationship Disclosure Form and Orange County Specific Project Expenditure Report. Please make sure forms are fully executed where required. B. Completed attached reference documentation. C. Qualifications of Bidders information, per Special Terms and Conditions #1. THE FOLLOWING SECTION MUST BE COMPLETED BY ALL BIDDERS: Company Name: ri 5�.r ��(' �f`i � L�Y�P �d � L L ( "1 NOTE: COMPANY NAME MUST MATCH LEGAL NAME ASSIGNED TO TIN NUMBER. CURRENT W9 MUST BE SUBMITTED WITH BID /PROPOSAL. TIN #: 9 .3 D- U -N -S® # U) 2 � � f /9 3coci (Street No. or P.O. Box umber) (Street Name) (City) (State) (Zip Code) Contact Person: ( 7t irk - 44' -) Phone Number: -/� 7' .���� " IX_� Fax Number: E -mail Address: EMERGENCY CONTACT Emergency Contact Person: Telephone Number: /Tell Phone Number: Residence Telephone Number: Page 24 AUTHORIZED SIGNATORIES /NEGOTIATORS The Bidder represents that the following persons are authorized to sign bids, proposals, negotiate and /or sign contracts and related documents to which the bidder will be duly bound: Name Title 2. 3. 1 " - 'V ( ignature) (Title) (Name of Business) Telephone Number /Email (Date) V et_)_ THE BIDDER SHALL COMPLETE AND SUBMIT THE FOLLOWING INFORMATION WITH THE BID Type of Organization: Sole Proprietorship Partnership Non - Profit Joint Venture v GeTmation LL-C- State of Incorporation: Principal Place of Business (Florida Statute Chapter 607): � !, b! r h6,14 A-4 Ci /Count Y tat Federal I.D. or Social Security number is i2_3 � '7 ? 7 ACKNOWLEDGEMENT OF ADDENDA NIA The Bidder shall acknowledge receipt of any addenda issued to this solicitation by completing the blocks below or by completion of the applicable information on the addendum and returning it not later than the date and time for receipt of the bid. Failure to acknowledge an addendum that has a material impact on this solicitation may negatively impact the responsiveness of your bid. Material impacts include but are not limited to changes to specifications, scope of work, delivery time, performance period, quantities, bonds, letters of credit, insurance, or qualifications. Addendum No. , Date Addendum No. , Date Page 25 Addendum No. , Date Addendum No. , Date REFERENCES List three (3) customers during the past ten (10) years for which you provided, goods or services similar to those specified in the solicitation in the spaces provided below. Provide the owner's name, contact person, address, telephone number, and date services were performed, as described. 1. Owner's Name:1� „gyp /� (.i��¢y� ¢7!e'— A. Description of goods or services provided: B. Contract Amount: C. Date services completed: D. Contact Person: 191'il -1 � s Address: ` P7� 29 9 -off Telephone Number. Email Address: 127p (4? t- -Z, 2. Owner's Name: A. Description !o�f' goods or services provided: B. Contract Amount: C. Date services completed: D. Contact Person: Address: �� T D , e /j` �ils,� , 4,,e2z c e- Telephone Number. Email Address: /'Y)Q, ra Mgr e', //�lu Page 26 3. Owner's Name. A. Description of goods or services provided: )'W� A/- �04-4s �- /- B. Contract Amount:S7�D ADD C. Date services completed: v, D. Contact Person: Address: r % L_�n y 134 Telephone Number: Email Address: Page 27 DRUG -FREE WORKPLACE FORM The uno�rsigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that / � <--' L(:f • does: Name of Business Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Florida Statute 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of Paragraphs 1 thru 5. As the person authorized to sign this statement, I certify that this firm complies fully with above requirements. Bidder's Signature Date 2/12/01 a Z H U P'7 Z o U� m N (n } LL O OZ W m J LL 7 — G W 2 U U) CD s c CD m a 0 as Ch `m vi c 0 c 0 U c m 0 E N F- U a m s c m U a) U C m N CL m N s c m c 0 c O U c m E m F- cn a) c m C7 0 a w U O N a3 N O_ 0-2 U cc a) co O C 0 N y O yN m Q a) m Z C f6 a E O U 00 rn N O cam+• U0� ° o O 0 dE� �Qm m IL 0 O ,0 .19 E O so O 0 a F- U! U! sp V Q O c O V 7 U) 0 0 E Z a) m Z C f6 a E O U 00 rn N O CONFLICT /NON- CONFLICT OF INTEREST STATEMENT CHECK ONE [ To the best of our knowledge, the undersigned bidder has no potential conflict of interest due to any other clients, contracts, or property interest for this project. OR [ ] The undersigned bidder, by attachment to this form, submits information which may be a potential conflict of interest due to other clients, contracts, or property interest for this project. LITIGATION STATEMENT CHECK ONE [ ] The undersigned bidder has had no litigation and /or judgments entered against it by any local, state or federal entity and has had no litigation and /or judgments entered against such entities during the past ten (10) years. [ ✓J The undersigned bidder, BY ATTACHMENT TO THIS FORM, submits a summary and disposition of individual cases of litigation and /or judgments entered by or against any local, state or federal entity, by any state or federal court, during the past ten (10) years. COMPANY NAME J� '�TLLITHORIZfb SIGNATURE NAME (PRINT O PE) TITLE Failure to check the appropriate blocks above may result in disqualification of your bid. Likewise, failure to provide documentation of a possible conflict of interest, or a summary of past litigation and /or judgments, may result in disqualification of your bid. E VERIFICATION CERTIFICATION Contract No.Y12- 1086 -JS I hereby certify that I will utilize the U.S. Department of Homeland Security's E- Verify system in accordance with the terms governing the use of the system to confirm the employment eligibility of the individuals classified below. In accordance with s. 837.06, Florida Statutes, I understand and acknowledge that whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duties shall be guilty of a misdemeanor in the second degree, punishable as provided in s. 775.082 or s. 775.083, Florida statutes. All persons, including subcontractors and their workforce, who will perform work under Contract No.Y12- 1086-JS, FIRE RESCUE AND HAZMAT SUPPLIES AND EQUIPMENT, within the state of Florida. NAME OF CONTRACTOR: i ADDRESS OF CONTRACTOR: 3yo 2gz1 , If �- j-- AUTHORIZED SIGNATURE:t�c TITLE: DATE: 7-41 - �vZ RELATIONSHIP DISCLOSURE FORM FOR USE WITH PROCUREMENT ITEMS, EXCEPT THOSE WHERE THE COUNTY IS THE PRINCIPAL OR PRIMARY PROPOSER For procurement items that will come before the Board of County Commissioners for final approval, this form shall be completed by the Proposer and shall be submitted to the Purchasing and Contracts Division by the Proposer. In the event any information provided on this form should change, the Proposer must file an amended form on or before the date the item is considered by the appropriate board or body. Part I INFORMATION ON PROPOSER: Legal Name of Applicant: ,I,o- Business Address (Street/P.O. Box, City and Zip Code): J Business Phone: Facsimile: (� -az .l {( �� INFORMATION ON PROPOSER'S AUTHORIZED AGENT, IF APPLICABLE: (Agent Authorization Form also required to be attached) Name of Applicant's Authorized Agent: PIA A Business Address (Street/P.O. Box, City and Zip Code): Business Phone: ( ) Facsimile: ( ) Page 1 Part II IS THE PROPOSER A RELATIVE OF THE MAYOR OR ANY MEMBER OF THE BCC? YES / NO IS THE MAYOR OR ANY MEMBER OF THE BCC THE PROPOSER'S EMPLOYEE? YES /NO IS THE PROPOSER OR ANY PERSON WITH A DIRECT BENEFICIAL INTEREST IN THE OUTCOME OF THIS MATTER A BUSINESS ASSOCIATE OF THE MAYOR OR ANY MEMBER OF THE BCC? YES V NO If you responded "YES" to any of the above questions, please state with whom and explain the relationship. (Use additional sheets of paper if necessary) Page 2 Part III ORIGINAL SIGNATURE AND NOTARIZATION REQUIRED hereby certify that information provided in this relationship disclosure form is true and correct based on my knowledge and belief. If any of this information changes, I further acknowledge and agree to amend this relationship disclosure form prior to any meeting at which the above - referenced project is scheduled to be heard. In accordance with s. 837.06, Florida Statutes, I understand and acknowledge that whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor in the second degree, punishable as provided in s. 775.082 or s. 775.083, Florida Statutes. v _ 'Signature of Vrd&r Date 7_ Print Name and Title of Person completing this form: STATE OF HO(l (G� COUNTY OF ",vADV, I certify that the foregoing instrument was acknowledged before me thi day of J'' , 20� by Inr� S I- �. �� 1(i He she is personally known me Or has produced Di- S(`3d 11 2-'74 S (Z O as identification and did did not take an oath. Witness my hand and official seal in the county and state stated above on the day of JA , in the year L N DANETTE BERRIZ of (N Ot a l NOTARY PUBLIC STATE OF FLORIDA Comm# DD0933M Fey 10/1902013 Staff signature and date of receipt of form Signature of Notary Public Notary Public for the State My Commission Expires: 2j) 13 Staff reviews as to form and does not attest to the accuracy or veracity of the information provided herein. documentl Page 3 ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT This lobbying expenditure form shall be completed in full and filed with all application submittals. This form shall remain cumulative and shall be filed with the department processing your application. Forms signed by a principal's authorized agent shall include an executed Agent Authorization Form. This is the initial Form: This is a Subsequent Form: Part I Please complete all of the following: Name and Address of Principal (legal name of entity or owner per Orange County tax rolls): Name and Address of Principal's Authorized Agent, if applicable: List the name and address of all lobbyists, Contractors, contractors, subcontractors, individuals or business entities who will assist with obtaining approval for this project. (Additional forms may be used as necessary.) 1. Name and address of individual or business enti Are they registered Lobbyist? Yes _ or Ni T 2. Name and address of individual or business entity: Are they registered Lobbyist? Yes _ or Nov 3. Name and address of individual or business entity: Are they registered Lobbyist? Yes _ or No (/ 4. Name and address of individual or business entity: Are they registered Lobbyist? Yes _ or No C 5. Name and address of individual or business entity: Are they registered Lobbyist? Yes _ or No_/ 6. Name and address of individual or business entity: Are they registered Lobbyist? Yes _ or No 7. Name and address of individual or business entity: Are they registered Lobbyist? Yes _ or No L,—' 8. Name and address of individual or business entity: Are they registered Lobbyist? Yes _ or No Page 1 Part II Expenditures: For this report, an "expenditure" means money or anything of value given by the principal and /or his /her lobbyist for the purpose of lobbying, as defined in section 2 -351, Orange County Code. This may include public relations expenditures including, but not limited to, petitions, fliers, purchase of media time, cost of print and distribution of publications. However, the term "expenditure" does not include: • Contributions or expenditures reported pursuant to chapter 106, Florida Statutes; • Federal election law, campaign- related personal services provided without compensation by individuals volunteering their time; • Any other contribution or expenditure made by or to a political party; • Any other contribution or expenditure made by an organization that is exempt from taxation under 26 U.S.C. s. 527 or s. 501(c)(4), in accordance with s.112.3215, Florida Statutes; and /or • Professional fees paid to registered lobbyists associated with the project or item. The following is a complete list of all lobbying expenditures and activities (including those of lobbyists, contractors, Contractors, etc.) incurred by the principal or his /her authorized agent and expended in connection with the above - referenced project or issue. You need not include de minimus costs (under $50) for producing or reproducing graphics, aerial photographs, photocopies, surveys, studies or other documents related to this project. Date of Expenditure Name of Party Incurring Expenditure Description of Activity Amount Paid ,r TOTAL EXPENDED THIS REPORT $ Page 2 Part III ORIGINAL SIGNATURE AND NOTARIZATION REQUIRED MA I hereby certify that information provided in this specific project expenditure report is true and correct based on my knowledge and belief. I acknowledge and agree to comply with the requirement of section 2 -354, of the Orange County code, to amend this specific project expenditure report for any additional expenditure(s) incurred relating to this project prior to the scheduled Board of County Commissioner meeting. I further acknowledge and agree that failure to comply with these requirements to file the specific expenditure report and all associated amendments may result in the delay of approval by the Board of County Commissioners for my project or item, any associated costs for which I shall be held responsible. In accordance with s. 837.06, Florida Statutes, I understand and acknowledge that whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor in the second degree, punishable as provided in s. 775.082 or s. 775.083, Florida Statutes. Date: 7 —/ 3 J Z- Sign ure of o Princip or o Principal's Authorized Agent (check appropriate box) PRINT NAME AND TITLE: STATE OF flu(, Glt\- COUNTY OF SCm' 11b!L /�- I certify that the foregoing instrument was acknowledged before me this 1 � day of JOlq 20I_L by ChiiS{,v\wL 571Ine��'� He a is personally known to me or has produced 502-0. as identification an did id not take an oath. ,,r- Jr Witness my hand and official seal in the county and state stated above on the _( day of in the year aC la-- Signature of Notary Public (N &+10WJTTE BERRIZ Notary Public for the State NOTARY PUBLIC My Commission Expires: (7, C4 I/ Za%I 3 STATE OF FLORIDA Comm# DD0933780 Staff uriidleipt of form Staff reviews as to form and does not attest to the accuracy or veracity of the information provided herein. S:dcrosby\ ethics pkg— final forms and ords\2010 workgroup\specific project expenditure form 3 -1 -11 KAREN DANETTE BERRIZ NOTARY PUBLIC STATE OF FLORIDA . Comm# DD0933780 Expires 10119/22013 -- .. Page 3 EXHIBIT A LEASED EMPLOYEE AFFIDAVIT I affirm that an employee leasing company provides my workers' compensation coverage. I further understand that my contract with the employee leasing company limits my workers' compensation coverage to enrolled worksite employees only. My leasing arrangement does not cover un- enrolled worksite employees, independent contractors, uninsured sub - contractors or casual labor exposure. I hereby certify that 100% of my workers are covered as worksite employees with the employee leasing company. I certify that I do not hire any casual or uninsured labor outside the employee leasing arrangement. I agree to notify the County in the event that I have any workers not covered by the employee leasing workers' compensation policy. In the event that I have any workers not subject to the employee leasing arrangement, I agree to obtain a separate workers' compensation policy to cover these workers. I further agree to provide the County with a certificate of insurance providing proof of workers' compensation coverage prior to these workers entering any County jobsite. I further agree to notify the County if my employee leasing arrangement terminates with the employee leasing company and I understand that I am required to furnish proof of replacement workers' compensation coverage prior to the termination of the employee leasing arrangement. I certify that I have workers' compensation coverage for all of my workers through the employee leasing arrangement specified below: Name of Employee Leasing Company: OA Workers' Compensation Carrier: A.M. Best Rating of Carrier: Inception Date of Leasing Arrangement: I further agree to notify the County in the event that I switch employee - leasing companies. I recognize that I have an obligation to supply an updated workers' compensation certificate to the County that documents the change of carrier. Name Signa Title: MEMORANDUM Delray Beach Fire - Rescue Department,.. TO: City Commission FROM: Kevin L. Green, Assistant Chief THROUGH Douglas Smith, Interim City Manager DATE: January 14, 2013 SUBJECT: Addendum to Self- Contained Breathing Apparatus (SCBA) Agenda Item The purpose of this addendum is to address the conditions surrounding the Fire Department's decision to purchase self - contained breathing apparatus (SCBA) and how the decision was made to replace all of the Department's current SCBA vs. upgrade, and /or phase -in the purchase over several years. This addendum will also address the piggyback contract the vendor, Fisher Safety, is using to qualify for the purchase. Replace vs. Upgrade — All of the current SCBA owned and used by the City of Delray Beach Fire Department were purchased prior to 1997 and currently meet the 1992 edition of the National Fire Protection Association (NFPA) Standard on Open Circuit Seff- Contained Breathing Apparatus for Emergency Services. There is no upgrade available from the manufacturer for SCBA purchased prior to 1997, due to obsolescence. For this reason, upgrading our SCBA is not an option. Replace All SCBA vs. Phase -in Over Time — The primary justifications for replacing all of our current SCBA in a single purchase are safety and liability. The safety features and operational differences between the 1992 version and the new version are dramatic and would create an unsafe condition. Significant training is required in order to be proficient with these new safety features. The biggest safety concern, we believe, is we would have two versions of SCBA that operate differently and with differing safety features, scattered throughout the department. Another consideration is that a user could very easily be confused as to which version they were using at that time, creating confusion and a potentially life threatening situation. From a risk management perspective, this is unacceptable. And finally, the current SCBA operate at 4500 psi. The new SCBA will operate at 5500 psi. The two systems are not compatible. Purchase Using Piggyback Process and the Orange County Contract - The vendor, Fisher Safety, is using the Orange County Contract dated September 21, 2012. The contract does in fact allow other municipalities to "piggyback" off of their contract which was developed through the bid process. The contract calls for a discount of 38% off the list price for items that are manufactured by Scott Safety, and are NFPA certified. Fisher Safety exceeded the 38% discount. The price quote reflects a 41.611% discount. 1 Additional Information for Item &K.2. MEMORANDUM TO: Mayor and City Commissioners FROM: David Boyd, Finance Director Patsy Nadal, Purchasing Manager THROUGH: Douglas E. Smith, Interim City Manager DATE: January 10, 2013 SUBJECT: AGENDA ITEM 8.K.3 - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 PURCHASE AWARD/ PVS TECHNOLOGIES, INC. ITEM BEFORE COMMISSION The City Commission is requested to approve a blanket purchase in the amount of $220,000. for the purchase and delivery of liquid ferric chloride "as needed" from PVS Technologies, Inc. Pricing per vendor quote dated December 28, 2012. The blanket will cover the contract period of January 2013 through September 30, 2013. BACKGROUND PVS Technologies, Inc. has submitted a quotation dated December 28, 2012 for the unit price of $1.148 per pound of iron; no increase from the previous year. Ferric chloride is the coagulant of choice for sanitary wastewater treatment applications, due to its high efficiency, effectiveness in clarification, and utility as a sludge dewatering agent. Ferric Chloride is needed to reduce organic properties in treated water. Treatment with the ferric chloride solution enhances the reduction of resistant organism in water. There are two (2) other vendors who can supply this product, one product is not as consistent and has more impurities and the other is produced and shipped from the Midwest with the transportation cost being a large factor in the actual cost of the delivered product. After testing of several liquid ferric chloride solutions the ferric chloride from PVS Technologies tested with fewer impurities. FUNDING SOURCE # 441 - 5122 -536 -52.21 OPERATING SUPPLIES / CHEMICALS RECOMMENDATION Staff recommends the purchase and delivery of Liquid Ferric Chloride from PVS Technologies to be ordered "as needed" at $1.148 per pound of iron as quoted December 28, 2012 for an estimated usage of $220,000. AM Mr. Patsy Nadal City of Delray Beach Via Email Dear Patsy, 12/28/2012 I am pleased to offer the following pricing on PVS Technologies Liquid Ferric Chloride. PVS Technologies would like to extend the current pricing to Delray Beach in the form of a renewed pricing agreement to replace the existing expired agreement. Please see the details below and sign and return the document if you are in agreement. Product: Ferric Chloride 37% - 42% Price: New agreement date through 9/30/2013 $1.148 per pound of Iron F.O.B: Delivered- City of Delray Beach Water Treatment Plant Package: Bulk Tank Truck- 45,000 pound minimum Terms: Net 30 Days Conditions: Demurrage- 2 hrs. Free, $50.00/hr. thereafter Weekend/Holiday delivery $1001$150 Contract Period: 10/1/2012 through 9/30/2013 PVS Signature: 11 M-IKJ Delray Beach Signature: Jose M. Gonzalez Director of Technical Service PVS Technologies Office and Fax- 607 -859 -2543 Mobile- 313 -510 -6238 Nadal, Patsy To: Jose M. Gonzalez Subject: RE: Ferric Chloride Agreement From: Jose M. Gonzalez [r i Ito :tlIOQQc l�corr�] Sent: Thursday, January 10, 2013 9:04 AM To: Nadal, Patsy Subject: Re: Ferric Chloride Agreement Hi Patsy- Sorry for the delay, just getting back from a business trip to England. I have the attached the only local contract, an award from Broward County. To put the pricing on an equal basis their number listed in the attached document is equivalent to $836 per dry ton of ferric chloride and the number we quoted Delray Beach is equivalent to $789 per dry ton of ferric chloride. Jose M. Gonzalez Director, Technical Service PVS Technologies Phone: 607 - 859 -2543 Cel I: 313 -510 -6238 Fax: 607 -859 -2543 From: Jose M. Gonzalez Imailto;1111 D [c aol.coml Sent: Wednesday, January 02, 2013 9:37 AM To: Bullard, John; Nadal, Patsy Subject: Ferric Chloride Agreement Happy New Year John and Patsy, just noticed that this did not send out on the 28th. Attached is the ferric chloride pricing agreement holding your current pricing firm for the new contract period. Hope all is well and wish you both a great 2013_ Best regards- -Jose Jose M. Gonzalez Director, Technical Service PVS Technologies Phone: 607- 859 -2543 Cell: 313- 510 -6238 Fax: 607- 859 -2543 Nadal, To: Bullard, John Subject, RE: Ferric Chloride Agreement From, Bullard, John Sent: Thursday, January 10,201310:3 AM To: Nadal, Patsy Subject: FVV; Ferric Chloride Agreement Ferric Chloride is a chemical which reduces organics and is critical for the WTP to meet the standards of the Disinfectants and Disinfection Byproduct Rule. PVSTechnm]ogies has consistently provided us with excellent product qua|ity, service, and safety since 2002. For the sake of continuity, | am recommending we use the attached Brovvard contract. The increase in price will be offset by our substantial savings frorn our recent contracts with Prolime and Deviand. The amauntfur[omrnissionis$22O'000forthe|astthreequartersofthefiscal year, tobe taken out of the VVTPaccount Thank you, John B"RD NT Finance and Administrative Services Department PURCHASING DIVISION 115 S. Andrews Avenue, Room 212 • Fort Lauderdale, Florida 33301 •954- 357 -6066 • FAX 954 - 357 -$535 October 18, 2012 VIA ELECTRONIC MAIL Craig Mikkelson, V.P. Sales & Marketing PVS Technologies, Inc. 10940 Harper Avenue Detroit, MI 48213 E -Mail cmikkelson @pvschemicals.com Re: Contract No. F0921142131 for Ferric Chloride Solution Dear Mr. Mikkelson: We hereby accept your written offer to renew the above referenced contract. This renewal is subject to all terms /conditions contained in the original contract. This contract renewal is in effect for the period beginning November 22, 2012 and ending November 21, 2013. A copy of this notice is being forwarded to the appropriate User(s). Purchase Order(s) will be placed as and when required. Thank you for your continued interest in doing business with Broward County Sincerer f Digitally signed by 15E VALDIVIA DNr de=ay, de —Yrnw rd, dr_be, ou- Organization, ou =BCC, ou =PU, ou= Users, cn =fLY5E VALDIVIA Date: 2012.10.18 12.0726 - 0100' Ilyse S. Valdivia, CPPB Purchasing Agent III c: Doreen Albert, Administrative Manager Il, Water and Wastewater Services Broward County Board of County Commissioners Sue Gunzburger • Dale V.C. Holness • Kristin Jacobs • Chip LaWrca Ilene Lieberman -.Stacy Ritter -John E. Rodstrom, Jr. • Barbara Sharie( • Lois Wexler www.broward,org \ \ m�27: « f ' it Z. }/ Z Z 2� 2. ©Ro© 7 ^ § § { u | \ ¥ ®U« « » 2� y ■� « ) .0 LLJ 7 IL / \ u / e zz CD _ ) ]ZZ % o \j7ij / 3 f } \\ \\ / ¥ 2 - 0 / ) « �7 § \ \E) ) § 2jE �)/ M \< {� /) )(�{§ !}f /$ \ \ MEMORANDUM TO: Mayor and City Commissioners FROM: Michael Vinci, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: January 9, 2013 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 WAIVER REQUESTS/ BELUGA RESTAURANT AND WINE BAR ITEM BEFORE COMMISSION Consideration of three (3) waiver requests for Beluga Restaurant and Wine Bar to allow a front setback of 14' -2" where 15' minimum setback is required along SE 2nd Avenue, reduce frontage setback of no greater than 10' at lower levels along SE 1st Street from 84' to 53' -6" and, reduce the frontage setback of a minimum of 15' at upper levels from 84' to 66'. BACKGROUND Waiver Requests LDR Section 2.4.7(B)(5) Findings: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision situation; and, of public facilities; (c) Shall not create an unsafe (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. WAIVER TO 15' MINIMUM SETBACK ALONG SE 2nd AVENUE LDR Section 4.4.13 (17)(4)(c)(1), Lower Levels, requires that from the ground floor to 25', a minimum of 70% (47' -6 ") and a maximum of 90% (61' -2 ") of the building frontage shall be setback no greater than 10' from the property line. The remaining length of the building shall be setback a minimum of 15' from the property line. The applicant has requested a waiver to the remaining length requirement (setback at a minimum of 15') along SE 2nd Ave to allow a 14' -2" setback, and the applicant has provided the following justification statement regarding the waiver request: "We request relief of the 15' -0 minimum setback requirement to 14' -2" minimum setbackfor a length of 15' -10" along SE 2nd Avenue. This request is made because the existing structure is non - conforming to current LDR's. However, the current design brings the existing non - conforming structure closer in conformance to the current LDR's by providing better relief versus the existing non - conforming structure. We believe the intent of the code is still maintained and therefore justification to grant the waiver. The applicant asserts that the current design brings the existing nonconformity closer to conformance with regard to minimum frontage setbacks. Thus, staff considered that this waiver request is supportable because it brings the existing nonconformity closer to conformance with regard to minimum frontage setbacks. Accordingly, granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5). WAIVER TO 10' MAXIMUM SETBACK ALONG SE 1st STREET LDR Section 4.4.13 (F)(4)(c)(1), Lower Levels, requires that from the ground floor to 25', a minimum of 70% and a maximum of 90% of the building frontage shall be setback no greater than 10' from the property line. The remaining length of the building shall be setback a minimum of 15' from the property line. For a height of 0' to 25' along SE 1 st Street, the waiver request is to reduce the building frontage setback at 10' from the required 84' (120' of lot frontage x 70% =84') to the proposed 53'. The applicant has provided the following justification statement regarding the waiver request: "We request to this setback requirement (SE 1st St.) to 45% because the calculated frontage is 120' -1 with 70% being 84' -0 " and 90% being 108 " -0 ". However, the existing non - conforming structure has a length of only 45' -1 ". The current proposed design increases the length to 62'-7 " bringing the existing non - conforming structure closer in conformance to the current LDR's. Using the 62' -7" at 70% to 90% at 10' -0" maximum setback, the required length is 43' -9" to 56' -4" and the proposed design is within the requirements at 53' -6 ". Additionally, it would be impossible to achieve the percentages required by adding structure and still maintaining the required parking spaces. By adding additional structure, these required spaces would be eliminated. We believe the intent of the code is still maintained and therefore justification to grant the waiver. " The proposed design would again bring the structure closer to conformance with the current LDR's and is supportable. Granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5). WAIVER TO 15' MINIMUM SETBACK ALONG SE 1st STREET LDR Section 4.4.13 (F)(4)(c)(2), Upper Levels requires that above 25' to 48', at least 70% of the frontage shall be set back a minimum of 15' from the property line. The remaining length of the building shall comply with the minimum required setbacks. For a height of 25' to 48' along SE 1 st Street, the waiver request is to reduce the building frontage setback of 15' or greater from the required 84' (120' of lot frontage x 70% =84') to the proposed 66'. The applicant has provided the following justification statement regarding the waiver request: "We request relief of the 15' -0" minimum setback requirement for 70% of the frontage (SE 1st St.) in that we propose 55% (66' -6') of the frontage at 15' -0" minimum and 16% (18' -11 ') of the frontage at 8' -0" minimum. This request is made because the existing structure is non - conforming to current LDR's. However, the current design brings the existing non - conforming structure closer in conformance to the current LDR's by providing better relief versus the existing non - conforming structure. We believe the intent of the code is still maintained and therefore justification to grant the waiver. The proposed design would once again bring the structure closer to conformance with the current LDR's and is supportable. Accordingly, granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5). REVIEW BY OTHERS The Site Plan Review and Appearance Board reviewed the three (3) waiver requests at their meeting of December 19, 2012, in conjunction with the Class III Site Plan approval. The Board moved a recommendation of approval of all three (3) waivers on a unanimous vote of 7 -0. A detailed description and analysis of the development proposal is contained within the attached Site Plan Review and Appearance Board (SPRAB) staff report of December 19, 2012. RECOMMENDATION By Separate Motions: WAIVER TO 15' MINIMUM SETBACK ALONG S.E. 2nd AVENUE Move approval of the request for a waiver to LDR Section 4.4.13 (F)(4)(c)(1), Lower Levels, to allow a setback of 14' -2" rather than 15' for the remaining length of the building (after 70% minimum to 90% maximum requirement), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5) of the Land Development Regulations. WAIVER TO 10' MAXIMUM SETBACK ALONG S.E. 1st STREET Move approval of the request for a waiver to LDR Section 4.4.13 (17)(4)(c)(1), Lower Levels, which requires a frontage setback no greater than 10' from the property line along SE 1 st Avenue from 84' to 53' -6 ", by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5) of the Land Development Regulations. WAIVER TO 15' MINIMUM SETBACK ALONG S.E. 1st STREET Move approval of the request for a waiver to LDR Section 4.4.13 (17)(4)(c)(2), Upper Levels which require a frontage setback greater than 15' from the required 84' of frontage to 66', by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5) of the Land Development Regulations. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS TO REDUCE THE BUILDING FRONTAGE SETBACKS FOR BELUGA RESTAURANT AND WINE BAR LOCATED AT THE NORTHWEST CORNER OF SE 2ND AVENUE AND SE 1ST STREET 1. These waiver requests to reduce the building frontage setbacks for Beluga Restaurant and Wine Bard located at the northwest corner of SE 2nd Avenue and SE 1St Street came before the City Commission on January 15, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests to reduce the building frontage setbacks for Beluga Restaurant and Wine Bar. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver Requests: 1. Waiver #1: A waiver to LDR Section 4.4.13(F)(4)(c)(1), Lower Levels — Ground floor to 25': A minimum of 70% and a maximum of 90% of the building frontage shall be set back no greater than 10' from the property line. The remaining length of the building shall be set back a minimum of 15-0" from the property line. The applicant has provided the following justification statement regarding the waiver request: "We request relief of the 15-0 minimum setback requirement to 14' -2" minimum setback for a length of 15-10" along SE 2nd Avenue. This request is made because the existing structure is non - conforming to current LDR's. However, the current design brings the existing non- conforming structure closer in conformance to the current LDR's by providing better relief versus the existing non - conforming structure. We believe the intent of the code is still maintained and therefor justification to grant the waiver." Does waiver request #1 meet all the requirements of 2.4.7(6)(5)? Yes No 2. Waiver #2: A waiver to LDR Section 4.4.13 (F)(4)(c)(1), Lower Levels- Ground floor to 25': A minimum of 70% and a maximum of 90% of the building frontage shall be set back no greater than 10' from the property line. The remaining length of the building shall be set back a minimum of 15' -0" from the property line. For a height of 0' to 25' along SE 1St Street, the waiver request is to reduce the building frontage set back at 10' from the required 84' (120' of lot frontage x 70% =84') to the proposed 53'. The applicant has provided the following justification statement regarding the waiver request: "We request to this setback requirement (SE 1St St.) to 45% because the calculated frontage is 120'-l", with 70% being 84' -0" and 90% being 108 " - 0". However, the existing non - conforming structure has a length of only 45-1 ". The current proposed design increases the length to 62' -7" bringing the existing non - conforming structure closer in conformance to the current LDR's. Using the 62' -7" at 70% to 90% at 10' -0" maximum setback, the required length is 43' -9" to 564" and the proposed design is within the requirements at 53' -6 ". Does waiver request #2 meet all the requirements of 2.4.7(6)(5)? Yes No 2 3. Waiver #3: A waiver to LDR Section 4.4.13 (F)(4)(c)(2), Upper Levels- Above 25' to 48', at least 70% of the frontage shall be set back a minimum of 15' from the property line. The remaining length of the building shall comply with the minimum required setbacks. For a height of 25' to 48' along SE 1St Street, the waiver request is to reduce the building frontage set back at 15' from the required 84' (120' of lot frontage x 70% =84') to the proposed 66'. The applicant has provided the following justification statement regarding the waiver request: "We request relief of the 15-0" minimum setback requirement for 70% of the frontage (SE 1St St.) in that we propose 55% (66' -6 ") of the frontage at 15-0" minimum and 16% (18' -11 ") of the frontage at 8' -0" minimum. This request is made because the existing structure is non - conforming to current LDR's. However, the current design brings the existing non- conforming structure closer in conformance to the current LDR's by providing better relief versus the existing non - conforming structure. Does waiver request #3 meet all the requirements of 2.4.7(8)(5)? ► C7 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver requests to LDR Section 4.4.13(F)(4)(c)(1) and (2). 3 6. Based on the entire record before it, the City Commission hereby adopts this Order this 15th day of January, 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 12 Thomas F. Carney, Jr., Mayor ITEM BEFORE THE BOARD The item before the Board is that of approval of a Class III Site Plan Modification for Beluga Restaurant and Wine Bar, pursuant to LDR Section 2.4.5(G)(1)(b). • Site Plan; • Architectural Elevations • Waiver requests BACKGROUND The 0.23 acre subject property, which is zoned Central Business District (CBD), consists of Lot 18, Block 77 and is located at the northwest corner of SE 2nd Avenue and SE 1St Street. In 1952, a 1,400 square foot building was constructed on the property and subsequently, in 1956, a 635 square foot addition was constructed. At its meeting of March 12, 2003, the Site Plan Review and Appearance Board (SPRAB) approved a Class IV site plan modification for the construction of a two -story, 3,378 square foot addition on the north side of the existing building consisting of a restaurant (Olio) on the first floor, and a two - bedroom apartment on the second floor. At its meeting of July 21, 2009, the City Commission approved the purchase of three (3) in -lieu parking spaces to accommodate the conversion of use of 588 sq. ft. of the retail space to restaurant, and a waiver request for the elimination of one (1) parking space to accommodate the expansion of the upper floor residential unit. At its meeting of July 22, 2009, the Site Plan Review and Appearance Board (SPRAB) approved a Class III site plan modification associated with a second story addition to the existing residence, and the conversion of retail space to restaurant. At its meeting of September 22, 2010, the Site Plan Review and Appearance Board (SPRAB) approved a Class III site plan modification associated with the conversion of 342 sq. ft. of retail space to restaurant which included architectural elevation changes. The submittal involved a reconfiguration of the existing internal retail and restaurant area of the restaurant, with the addition of a bar. The required parking for the additional 342 square feet was included in the February 2010 in -lieu payment. The aforenoted in -lieu parking fee paid in 2010 remains applicable to any future development. The 2009 and 2010 development proposals never went forward and have since expired. Now before the Board is a Class III Site Plan Modification associated with the conversion of the existing retail /restaurant (as previously approved, but not constructed, with the 2009 and 2010 approvals), the addition of a 2nd and 3 d level, and architectural elevation changes, along with a recommendation to the City Commission for waiver requests to building frontage setbacks. PROJECT DESCRIPTION The development proposal incorporates the following: ■ New 2nd and 3 d level addition ■ Conversion of the existing retail /restaurant/addition of bar ■ Architectural elevation changes ■ Waiver Requests SPRAB Meeting Date: December 19, 2012, Class III Site Plan Modification; Beluga Restaurant & Wine Bar Page 2 SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application /request. LDR Section 4.4.13 (F) — Central Business District Design Guidelines: The existing development is considered an existing non - conforming structure with regard to compliance with CBD zoning district design guidelines setback and frontage requirements. The previously approved first and second floor building addition partially reduced the existing non- conformity and brought the development closer in compliance with the LDR Section 4.4.13(F) CBD zoning district design guidelines. The Design Guidelines require that from the ground floor to 25', a minimum of 70% and a maximum of 90% of the building frontage shall be set back no greater than 10' from the property line along both SE 1St Street and SE 2nd Avenue. The existing building had no frontage setback at less than 10' along SE 2nd Avenue, and a frontage of only 44' setback at 10' maximum. With the previously approved additions, the building now has 56' of frontage along SE 2nd Avenue and 57' of frontage along SE 1St street, which brought the development closer in compliance with the LDR Section 4.4.13(F) CBD zoning district Design Guidelines. Ground Level Setback and Frontage Requirements: Pursuant to LDR Section 4.4.13 (F)(4)(c)(1), for new construction or modifications to buildings from the ground floor to twenty -five feet (25), a minimum of 70% and a maximum of 90% of the building frontage shall be set back no greater than ten feet (10) from the property line. The remaining length of the building shall be setback a minimum of fifteen feet (15). Pursuant to LDR Section 4.4.13 (F)(4)(c)(2), for new construction or modifications to buildings above twenty -five (25) to forty -eight feet (48'), at least 70% of the frontage shall be setback a minimum of 15' from the property line. The remaining length of the building shall comply with the minimum required setbacks. Waiver Analvsis Waiver #1: A waiver to LDR Section 4.4.13 (F)(4)(c)(1), Lower Levels- Ground floor to 25': A minimum of 70% and a maximum of 90% of the building frontage shall be set back no greater than 10' from the property line. The remaining length of the building shall be set back a minimum of 15' -0" from the property line. The applicant has provided the following justification statement regarding the waiver request: 'We request relief of the 15' -0 minimum setback requirement to 14' -2" minimum setback for a length of 15'40" along SE 2nd Avenue. This request is made because the existing structure is non - conforming to current LDR's. However, the current design brings the existing non- conforming structure closer in conformance to the current LDR's by providing better relief versus the existing non - conforming structure. We believe the intent of the code is still maintained and therefore justification to grant the waiver." Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; SPRAB Meeting Date: December 19, 2012, Class III Site Plan Modification; Beluga Restaurant & Wine Bar Page 3 (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant asserts that the current design brings the existing nonconformity closer to conformance with regard to minimum frontage setbacks. Thus, staff considered that this waiver request is supportable because it brings the existing nonconformity closer to conformance with regard to minimum frontage setbacks. Accordingly, granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5). Waiver #2: A waiver to LDR Section 4.4.13 (F)(4)(c)(1), Lower Levels- Ground floor to 25': A minimum of 70% and a maximum of 90% of the building frontage shall be set back no greater than 10' from the property line. The remaining length of the building shall be set back a minimum of 15' -0" from the property line. For a height of 0' to 25' along SE 1St Street, the waiver request is to reduce the building frontage set back at 10' from the required 84' (120' of lot frontage x 70% =84') to the proposed 53'. The applicant has provided the following justification statement regarding the waiver request: "We request to this setback requirement (SE 1St St.) to 45% because the calculated frontage is 120' -1'; with 70% being 84' -0" and 90% being 108 "0" However, the existing non - conforming structure has a length of only 45'4" The current proposed design increases the length to 62' -7" bringing the existing non - conforming structure closer in conformance to the current LDR's. Using the 62' -7" at 70% to 90% at 10' -0" maximum setback, the required length is 43' -9" to 56'- 4" and the proposed design is within the requirements at 53'67 ' Additionally, it would be impossible to achieve the percentages required by adding structure and still maintaining the required parking spaces. By adding additional structure, these required spaces would be eliminated. We believe the intent of the code is still maintained and therefore justification to grant the waiver." Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant contends that the proposed design would again bring the structure closer to conformance with the current LDR's. Thus, staff considered that this waiver request is supportable because it brings the structure closer to conformance with the current LDR's. Accordingly, granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5). SPRAB Meeting Date: December 19, 2012, Class III Site Plan Modification; Beluga Restaurant & Wine Bar Page 4 Waiver #3: A waiver to LDR Section 4.4.13 (F)(4)(c)(2), Upper Levels- Above 25' to 48, at least 70% of the frontage shall be set back a minimum of 15' from the property line. The remaining length of the building shall comply with the minimum required setbacks. For a height of 25' to 48' along SE 1St Street, the waiver request is to reduce the building frontage set back at 15' from the required 84' (120' of lot frontage x 70% =84') to the proposed 66'. The applicant has provided the following justification statement regarding the waiver request 'We request relief of the 15' -0" minimum setback requirement for 70% of the frontage (SE 1St St.) in that we propose 55% (66' -6') of the frontage at 15'O" minimum and 16% (18' -11') of the frontage at 8' -0" minimum. This request is made because the existing structure is non- conforming to current LDR's. However, the current design brings the existing non - conforming structure closer in conformance to the current LDR's by providing better relief versus the existing non - conforming structure. We believe the intent of the code is still maintained and therefore justification to grant the waiver." Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant contends that the proposed design would once again bring the structure closer to conformance with the current LDR's. Thus, staff considered that this waiver request is supportable because it brings the existing nonconformity closer to conformance with the current LDR's. Accordingly, granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5). Parking The submittal involves the conversion of the existing internal retail and restaurant area of the restaurant, with the addition of a bar, and the expansion of the second and third floor, 2- bedroom residential unit to a 3- bedroom unit. The previously approved expansion of the second floor unit had required the elimination of one (1) parking space to accommodate a stair and elevator. It is noted the existing 2- bedroom residential unit had required no additional parking for its expansion. Land Development Regulations (LDR) Section 4.4.13(G) requires the provision of one space for each 300 square feet of total floor area except for restaurants which requires 6 spaces per 1,000 sq. ft. The previously approved site plan required 2 spaces to accommodate the conversion of use (588/300 =1.96 /.588x6=3.53 / 3.53- 1.96 =1.57, which rounds up to 2). In addition to the conversion of use, the proposal included expansion of the residential unit upstairs which included the installation of a stair and elevator, which resulted in the elimination of one (1) existing parking space. The eliminated space resulted in the need for an additional parking space, thereby requiring a total of three (3) in -lieu parking spaces. The cost per space in Area 2 is $15,600 per space for a total of $46,800. The in -lieu payment has since been satisfied. The parking calculation for the conversion of retail to restaurant resulted in an excess of 342 sq. ft. which was then utilized in the subsequent proposal and approval (SPRAB Sept. 2010). SPRAB Meeting Date: December 19, 2012, Class III Site Plan Modification; Beluga Restaurant & Wine Bar Page 5 The current submittal does not differ from the previously approved parking requirements noted above. Therefore, no additional parking is required with the current conversion of retail to restaurant use since the 3 in -lieu of parking spaces have been paid. ARCHITECTURAL ELEVATIONS ANALYSIS LDR Section 4.6.18(E) - Criteria for Board Action: The following criteria shall be considered by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: 1. The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The ground level area currently consists of the Olio restaurant and Style & Wine retail shop. Proposed is allocating a portion of the existing Style & Wine retail shop consisting of a 30 seat bar which will become part of the existing Olio restaurant area. The retail shop will be renovated to include a retail /wine display area, new dressing room and an ADA compliant restroom, with a new pedestrian entrance on the south side of the building adjacent to SE 1St Street. At the southwest side of the building, a private foyer is proposed for the residential dwelling unit which will consist of a private entrance, foyer, stair, and an elevator. The stair and elevator will also continue up to the new 2nd & 3rd level additions. The proposed 2nd story extension will be a 2,370 square foot residential dwelling unit expansion consisting of a Master Bedroom, bathroom, Loft area, and Kitchen. This will be built over the existing Style & Wine retail shop. The new addition will connect to the existing Loft apartment currently above the existing Olio Restaurant, creating one larger 4 bedroom dwelling unit. The proposed 918 square foot 3rd level extension will be part of the 2nd level residential dwelling unit. This will consist of a guest bedroom and bath, a lounge area, an outdoor covered entertaining area, a BBQ area with countertop bar seating, and an open -air flat roof terrace will comprise the remainder of the footprint of the 2nd level residential dwelling unit below. Additionally, a portion of the open -air flat roof deck will contain a shallow splash pool and will connect to the existing flat roof deck area. Exterior enhancements will consist of new hurricane impact rated windows & doors in an anodized aluminum finish, new light tone paint scheme, flat charcoal gray cement roof tiles (replacing existing barrel tiles with same), wood brackets, soffit, and outriggers, new black metal wall scone light fixtures, new plaster or pre -cast trim and banding, some black metal guardrails, and black metal frame and canvas awnings (on the 1St level only). The main entry door to the private foyer is proposed to be a solid wood door. The existing parking area will be restriped as shown on the proposed site plan and is consistent with the previously approved site plan. The introduction of the architectural change will not adversely affect the surrounding area and will not materially depreciate the neighboring areas. Based on the above, positive findings can be made with respect to LDR Section 4.6.18(E). SPRAB Meeting Date: December 19, 2012, Class III Site Plan Modification; Beluga Restaurant & Wine Bar Page 6 REQUIRED FINDINGS Pursuant to LDR Section 2.4.5(G) (1) (c) Class III Site Plan Modification, a modification to a site plan which represents either a change in intensity of use, or which affects the spatial relationship among improvements on the land, requires partial review of Performance Standards found in LDR Sections 3.1.1, and 3.2.3, as well as required findings of LDR Section 2.4.5(G) (5). Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: Pursuant to LDR Section 2.4.5(G) (5), a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with approval of a Class III modification. The development proposal involves the conversion of a portion of the retail area to restaurant, and the addition of a 2nd and 3rd floor (3,288 sq.ft) to an existing residential unit above the retail /restaurant. Pursuant to LDR Section 2.4.5(G) (5), this minor modification does not significantly impact the previous findings. However, the applicable Future Land Use Map and Concurrency items as they relate to this development proposal are discussed below. LDR Section 3.1.1(A) - Future Land Use Map: The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC), and Zoning District Map designation of Central Business District (CBD). Pursuant to LDR Section 4.4.13(B), within the CBD zoning district, general retail, restaurants and multi - family dwelling units up to 30 dwelling units per acre are allowed as a principal use. Based on the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. LDR Section 3.1.1(8) - Concurrency: As described in Appendix "A ", a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, and solid waste. Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following objective is noted. Future Land Use Element Objective A -1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property is fully developed and contains a 5,413 square foot mixed use building. There are no special physical or environmental characteristics of the land that would be negatively impacted by the addition to the 2nd and 3rd floor. The development is complimentary with surrounding commercial developments. The Housing Element of the Comprehensive Plan calls SPRAB Meeting Date: December 19, 2012, Class III Site Plan Modification; Beluga Restaurant & Wine Bar Page 7 for the provision of infill housing in the downtown. As the development provides a four - bedroom apartment in addition to retail and restaurant, this development helps to fulfill this need. Housing Policy A -12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The subject property is located in the commercial core of the City and surrounded by a mix of commercial uses (i.e. restaurant/bar, retail uses, offices and a community center). The proposed conversion, and the 2nd floor and 3rd floor addition, will not negatively impact the surrounding properties with respect to traffic, noise, odor, and dust. The nearest predominately residential areas are approximately one to two blocks away to the southeast (Osceola Park) and southwest (Swinton Avenue). There is also mixed use development to the north of the subject property on the northern half of the block (Worthing Place). The subject addition and conversion will not have a negative impact on these areas. LDR Section 3.1.1(D) - Compliance with the Land Development Regulations: As described under the Site Plan Analysis section of this report, a positive finding of compliance with the LDRs can be made when all outstanding items attached as conditions of approval are addressed. REVIEW BY OTHERS At its meeting of December 10, 2012, the Downtown Development Authority (DDA) reviewed the development proposal and recommended that the applicant submit a photometric plan. However, the proposed improvement only increases the building height and has no impact on the parking area or existing building footprint, therefore a photometric plan is not required. At its meeting of December 13, 2012, the Community Redevelopment Agency (CRA) reviewed the development proposal and recommended approval. Courtesy notices have been provided to the following homeowner's associations that have requested notice of developments in their areas: • Chamber of Commerce • Delray Citizens Coalition Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the request for a Class III site plan modification, and waiver requests for Beluga Restaurant and Wine Bar by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(G)(5), 4.6.18(E), and Chapter Three of the Land Development Regulations. SPRAB Meeting Date: December 19, 2012, Class III Site Plan Modification; Beluga Restaurant & Wine Bar Page 8 C. Move denial of the request for a Class III site plan modification, and waiver requests for Beluga Restaurant and Wine Bar by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(G)(5), 4.6.18(E), and Chapter Three of the Land Development Regulations. STAFF RECOMMENDATION By Separate Motions: Waiver #1: Recommend approval to the City Commission of the waiver request to LDR Section 4.4.13(F)(4)(c)(1) Lower Levels- Ground floor to 25', to allow a reduction in that portion of the building (i.e. a building length of 15' 10" along the SE 2nd Avenue frontage) that is required to be setback a minimum of 15' from the property line to have a minimum setback of 14'2", based on a positive finding with respect to LDR Section 2.4.7(B)(5). Waiver #2: Recommend approval to the City Commission of the waiver request to LDR Section 4.4.13(F)(4)(c)(1), Lower Levels- Ground floor to 25', to reduce the building frontage set back at 10' for a height of 0' to 25' along SE 1St Street from the required 84' to the proposed 53', by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B) (5). Waiver #3: Recommend approval to the City Commission of the waiver request to LDR Section 4.4.13(F)(4)(c)(2), Upper Levels- Above 25' to 48', to reduce the building frontage set back at 10' for a height of 25' to 48' along SE 1St Street from the required 84' to the proposed 66', by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B) (5). Class III Site Plan: Move approval of the Class III site plan for the Beluga Restaurant and Wine Bar, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(G)(5), 4.6.18(E), and Chapter Three of the Land Development Regulations. Architectural Elevations: Move approval of the architectural elevations for the Beluga Restaurant and Wine Bar, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(B)(14) of the Land Development Regulations. Staff Report Prepared by: Michael Vinci, Planner Attachments: • Site Plan • Architectural Elevations • Waiver requests SPRAB Meeting Date: December 19, 2012, Class III Site Plan Modification; Beluga Restaurant & Wine Bar Page 9 Pursuant to Section 3.1.1(8) Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and /or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water service will be provided via service lateral connection to the existing 8" water main located within SE 1St Street. Sewer service is provided via service lateral connection to the existing 8" sewer main located within the adjacent alley. In addition to sprinkling the building, fire protection is provided via an existing fire hydrant located at the northeast corner of SE 1St Street and SE 2nd Avenue. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD -RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above - described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a traffic statement is necessary to keep a record of trips approved in the TCEA, and for calculation of traffic impact fees. The applicant has submitted a statement, which indicates that the proposed building addition for a restaurant and four - bedroom apartment will generate 169 Average Daily Trips (ADT). Parks and Recreation Facilities: The proposed addition will not have a significant impact with respect to level of service standards for parks and recreation facilities. Solid Waste: The existing single residential unit will maintain the estimated 1.99 tons of solid waste generated from its use. The conversion of 342 square feet from retail (342 square feet x 10.2 lbs. = 3488.4 lbs. /2,000 = 1.7 tons) to restaurant use (342 square feet x 24.9 lbs. = 8515.8lbs./2,000 = 4.26 tons) will increase the solid waste generation by 2.56 tons. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021. Drainage: Drainage is accommodated via an exfiltration system. There are no problems anticipated in complying with SFWMD requirements and obtaining the required surface water permit. Based upon the above positive findings can be made with respect to this level of service standard. SPRAB Meeting Date: December 19, 2012, Class III Site Plan Modification; Beluga Restaurant & Wine Bar Page 10 A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D -1 and D -2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B -1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable X Meets intent of standard Does not meet intent SPRAB Meeting Date: December 19, 2012, Class III Site Plan Modification; Beluga Restaurant & Wine Bar Page 11 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. 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" 41 Hill VII pia ry Mui Hill VII f - r ,w 1. imr- I �I All Ali „ykri c All Alli ILL J. f a z Fig r� i I> ' 'tau �➢pl""' LLJ t . A DRAW, 1. imr- I �I All Ali „ykri c All Alli ILL J. f a z Fig r� i I> MEMORANDUM TO: Mayor and City Commissioners FROM: Candi N. Jefferson, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: January 9, 2013 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 WAIVER REQUEST/ LINTCO DEVELOPMENT ITEM BEFORE COMMISSION The action requested of the City Commission is approval of a waiver to LDR Section 4.6.9(1))(3)(c)(I) to reduce the stacking distance from the required fifty feet (50') for parking lots with fifty -one (5 1) or more spaces to twenty -eight feet nine inches (28'9 ") at the northern entrance on SW 4th Avenue for the Lintco Development. BACKGROUND WAIVER ANALYSIS Stacking Distance: Pursuant to LDR Section 4.6.9(1))(3)(c)(I), provisions must be made for stacking and transitioning of incoming traffic from a public street, such that traffic may not backup into the public street system. The minimum stacking distance between a right -of -way and the first parking space or aisle way in a parking lot that contains 51 or more spaces is fifty feet (50'). The proposed development does not meet this requirement at the north entrance on SW 4th Avenue (see waiver discussion below): A waiver has been requested to reduce the stacking distance from the fifty feet (50') for parking lot with fifty -one (51) or more spaces required pursuant to LDR Section 4.6.9(D)(3)(c)(1) to twenty -eigh feet nine inches (28'9 ") at the north entrance on SW 4th Avenue. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided the following justification statement regarding the waiver request: "The northernmost entrance on SW 4th Avenue is a secondary entrance — the other entrance along SW 4th Avenue is the primary entrance and meets the 50'0" stacking distance. We believe this waiver is justified as the immediate parking in the area adjacent to this entrance is less than 51 spaces (34 spaces are proposed). We have modified the secondary entrance so that all vehicles entering the site will have a stacking distance of 45'0" (this secondary entrance met the 50'0" requirement prior to a 5'0" R. 0. W. dedication to the city). We are requesting a waiver for the vehicles exiting the property to 28'9 ". " Separate requirements are not required for entering and exiting vehicles, as expressed in the applicant's statement. Therefore, the appropriate request is to reduce the stacking distance to 28'9 ".Based upon the provision of three (3) possible entries and exits to the site, including the secondary northern access point on SW 4th Avenue, the requested waiver is supportable.The stacking provided will not negatively affect the neighboring areas or create an unsafe situation. Granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege as similar waivers have been granted to other projects on similar basis. Consequently, positive findings can be made in the reduction of the stacking distance requirement at the north entrance on SW 4th Avenue with respect to LDR Section 2.4.7(B)(5). REVIEW BY OTHERS On November 14, 2012, the Site Plan Review and Appearance Board (SPRAB) made a recommendation of approvalto the City Commission of a waiver to LDR Section 4.6.9(D)(3)(c)(1) to reduce the stacking distance from the required fifty feet (50') for parking lots with fifty -one (51) or more spaces to twenty -eight feet nine inches (28'9 ") at the northern entrance on SW 4th Avenue. RECOMMENDATION By motion, approve the waiver to LDR Section 4.6.9(D)(3)(c)(1) to reduce the stacking distance from the required fifty feet (50') for parking lots with fifty -one (5 1) or more spaces to twenty -eight feet nine inches (28'9 ") at the northern entrance on SW 4th Avenue for Lintco, due to positive findings with respect to LDR Section 2.4.7(B)(5). 2013. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR LINTCO DEVELOPMENT 1. These waiver requests came before the City Commission on January 13, 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Lintco Development at the corner of Linton Boulevard and SW 4t" Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.6.9(D)(3)(c)(1) Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance between a right -of -way and the first parking space or aisle way in a parking lot that contains 51 or more spaces is fifty feet (50'). The applicant is asking for a waiver to reduce the stacking distance to twenty -eight feet nine inches (28'9 ") at the north entrance on SW 4th Avenue. Should the waiver to Section 4.6.9(D)(3)(c)(1) be granted? ► C7 1 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 13th day of January 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 2 Thomas S. Carney, Mayor SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH -- -STAFF REPORT - -- MEETING DATE: November 14, 2012 AGENDA ITEM: Lintco Development — Class V Site Plan, Landscape Plan and Architectural Elevations associated with construction of a 51,412 sq. ft. shopping center consisting of three (3) commercial buildings and associated parking on an existing 7.09 acre vacant site located on the north side of Linton Blvd., west of SW 4th Ave. GENERAL DATA: Owner/ Applicant .......................... Lintco, Inc. Agent. . ... ................................... GE Architecture, Inc. Location ....... ............................... On the north side of Linton Boulevard, west of SW 4t" Avenue Property Size .............................. 7.09 acres Existing FLUM ............................ GC (General Commercial) Adjacent FLUM .................North: MD (Medium Density Residential) East: CMR (Commerce) and TRN (Transitional) South: GC (General Commercial) West: MD (Medium Density Residential) & CF (Community Facilities) Existing Zoning ........................... GC (General Commercial) Adjacent Zoning, ............... North: RM (Multiple Family Residential) East: MIC (Mixed Industrial & Commercial) and POD (Professional Office District) South: PC (Planned Commercial) West: R -1 -A (Single Family Residential) and CF (Community Facilities) Existing Land Use ...................... Vacant Proposed Land Use .................. Commercial Water .... ............................... Water service must be extended from existing 16° valve along SW 4th Ave. Sewer .... ............................... Sewer service must be extended from existing 6" main along SW 4th Ave. PINE GROVE ELEMENTARY SCHOa. FALL R1OGE Hpi i 3 of DFjRAY STcfiuNG �YEHJE E oww+ss j SCVIHRI RO GULF STREA COMMERCIAL CE LJN" TRU r UNION RIDGE CONDO G SAKI AVE BC�N AVE SLCUF7 7Y r s�IF srazA TWO -1 CIXJDG �i' L I N T O N B O U L E V A R D TERNARONAL PLAZA COSTCO s � DELRAY IND -WEW PART MENTS L� SC I THE NINGS MILLM _ FIELD Ec apae APlLLER PARK ..... '. ,. CLUB p I TOWN ITEM BEFORE THE BOARD. The item before the Board is the approval of the following aspects of a Class V site plan request for Lintco, pursuant to Land Development Regulations (LDR) Section 2.4.5(F): O Site Plan; D Landscape Plan; CI Architectural Elevations; and O Waiver The subject parcels are located on the north side of Linton Boulevard, west of SW 4th Avenue BACKGROUND ANALYSIS The subject properties are located in a Subdivision of Section 20, Township 46 and Range 43, according to the public records of Palm Beach County, as recorded in Plat Book 1, Pages 4 and 5 on March 25, 1910. The twelve (12) parcels total approximately 7.09 acres in size and are currently undeveloped. The parcels were annexed to the City of Delray Beach on October 11, 1988 via City Ordinance Number 115 -88. On December 6, 2005, the City Commission approved Ordinance Number 56- 05, which changed the Future Land Use Map (FLUM) designation from RDA -3 (Redevelopment Area -3) to MD (Multiple Family Residential) for the parcels. Also on December 6, 2005, the City Commission approved Ordinance Number 60 -05 which changed the zoning from R-1 -A (Single Family Residential) to RM (Multiple Family Residential). On July 19, 2010, the Planning & Zoning Board recommended approval to the City Commission for a land use map amendment to change the Future Land Use Map designation from MD to GC and to change the zoning from RM to GC for the subject twelve parcels for Lintco, LLC. The City Commission approved the rezoning request on November 30, 2010. The FLUM designation change from MD to GC was approved with Comprehensive Plan Amendment 2010- 1 on December 14, 2010 by the City Commission. To ensure that traffic concurrency could be achieved on the property at its maximum development potential, Comprehensive Plan Amendment 2010 -1 also included a text amendment to the Future Land Use Element to limit the maximum non - residential development intensity on the subject property to an FAR (Floor Area Ratio) of 0.36, instead of the 3.0 normally permitted within the General Commercial FLUM designation. A text amendment to the Land Development Regulations was approved by the City Commission on August 7, 2012 to add this restriction to the Supplemental District Regulations of the General Commercial zoning district. Now before the Board for consideration is a Class V Site Plan proposal for Lintco Development which includes construction of a 51,412 sq. ft. shopping center consisting of three (3) commercial buildings and associated parking on the subject property. PROJECT DESCRIPTION The development proposal consists of the following: 0 Building "A" will consist of 41,029 sq. ft. with one (1) restaurant and six (6) retail bays SPRAB Staff Report: Meeting of 11/14/12 Lintco -- Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 2 O Building "B" will consist of a 3,371 sq. ft. bank, ATM and three (3) drive -thru lanes and a bypass lane. O Building "C" will consist of 7,012 sq. ft. with one (1) restaurant, one (1) coffee shop and two (2) retail bays O Construction of a two hundred seventy -three (273) space parking lot O Installation of associated landscaping The following requests for relief are associated with this Class V application: 0 A waiver to reduce the stacking distance from the fifty feet (50') for parking lots with fifty - one (51) or more spaces required pursuant to LDR Section 4.6.9(D)(3)(c)(2), to twenty - eight feet nine inches (28'9 ") at the north entrance on SW 4th Avenue. Final approval of this waiver is by the City Commission. 0 A variance to reduce the perimeter landscape buffer along Linton Boulevard from the thirty feet (30) required pursuant to LDR Section 4.3.4(H)(6)(b)(4), to 17'2 ", 177, 17'9 ", 18'1" and 18'9 ". A waiver request to this section was submitted. However, since the requirements under which this section may be waived have not been met, a variance is required. Approval of this variance is by the Board of Adjustment. SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationlrequest. LDR Section 4_3 =4(K ) Development Standards Matrix — Nonresidential Zoning Districts: The following table indicates that the site complies with LDR Section 4.3.4(K) as it pertains to the General Commercial (GC) zoning district: LDR Article 4.6 — Supplemental District Regulations: Lighting: Site lighting limited to a maximum height of 25' must be provided on -site and be consistent with the illumination level requirements included in Section 4.6.8. Based upon the photometric plan included with the submittal, all of the proposed lighting fixtures will meet the 25' maximum height. The proposed photometric plan is also consistent with the Illumination Levels and Uniformity criteria for commercial parking lots listed in LDR Section 4.6.8. These criteria require Standard: Provided: Building Height-, 48' 31'4" Building Setbacks: Front 10' 62W7 Rear 10' 357' Side Street 10' 124'6" Side Interior 10' 56'2" Open Space: 25% 25.1% LDR Article 4.6 — Supplemental District Regulations: Lighting: Site lighting limited to a maximum height of 25' must be provided on -site and be consistent with the illumination level requirements included in Section 4.6.8. Based upon the photometric plan included with the submittal, all of the proposed lighting fixtures will meet the 25' maximum height. The proposed photometric plan is also consistent with the Illumination Levels and Uniformity criteria for commercial parking lots listed in LDR Section 4.6.8. These criteria require SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 3 a maximum footcandle level of 12.0 and a minimum footcandle level of 1.0 for the parking lot. The photometric plan submitted has a maximum footcandle level of 10.9 and a minimum footcandle level of 1.0 throughout the parking lot and service areas. With the exception of portions of the rear of Building "A ", lighting fixtures on the buildings have not been identified on the photometric plan. Since minimum lighting standards are required for building entrances and under overhangs and canopies, the photometric plan must be revised to show the location of these fixtures and lighting levels must be shown in the required areas. This has been included as a condition of approval. Florida Statutes include certain requirements with regard to the lighting of automated teller machines (ATM), which have resulted in higher lighting levels than would be permitted under the aforementioned criteria, These requirements are as follows: O F.S. 655.962(1)(a): There shall be a minimum ten (10) footcandle power where at the face of the automate_ d teller machine and extending in an unobstructed direction outward five feet (5). O F.S. 655.962(1)(b): There shall be a minimum of two (2) footcandle power within 50' in all unobstructed directions from the face of the ATM. O F.S. 655.962(1)(c): There shall be a minimum of two (2) footcandle power in that portion of the defined parking area within 60' of the ATM. The proposed photometric plan for the bank must be consistent with the above Florida Statutes and meet requirements of LDR Section 4.6.8. Parking: Pursuant to LDR Section 4.6.9(C)(3)(e), shopping centers totaling 25,000 to 400,000 sq. ft. shall provide 4.0 parking spaces per 1,000 square feet of gross floor area. Thus, the proposed 51,412 square foot shopping center requires two hundred six (206) parking spaces plus an additional (6) spaces for the 1,600 sq. ft. of outdoor dining area, for a total requirement of 212 spaces. Since two hundred seventy -three (273) spaces have been proposed on site, this standard is met. It is noted, however, that the required parking calculations on the site plan are misrepresented. The parking has been allocated pursuant to LDR Section 4.6.9(C)(3)(a) for commercial uses at 4.5 spaces per 1,000 sq. ft., whereas the shopping center parking rate is applicable. Thus, the site plan shall be revised to represent the required parking for a shopping center based upon the proposed square footage, including outdoor dining areas. This is attached as a condition of approval. Bicycle Parking: LDR Section 4.6.9(C)(1)(c) and Transportation Element Policy D -2.2 of the Comprehensive Plan recommend that a bicycle parking facility be provided. Although two (2) ring bike racks are proposed for Building "A" with the minimum number of spaces provided, it is noted that no bike racks are proposed for the other two buildings. To encourage the use of bikes as an alternative transportation method, especially for employees at the shopping center, an additional bike rack should be provided for each building. This has been included as a condition of approval. SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 4 Handicap Accessible Parking: Pursuant to LDR Section 4.6.9(C)(1)(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Pursuant to the Florida Accessibility Code for Building Construction, two percent (2 %) of the parking spaces serving the development must be handicap accessible. Based upon the two hundred seventy -three (273) on -site parking spaces provided, the development needs to provide a minimum of five (5) handicap accessible parking spaces. A total of eight (8) handicap accessible parking spaces are proposed. Thus, this LDR requirement has been met. Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), provisions must be made for stacking and transitioning of incoming traffic from a public street, such that traffic may not backup into the public street system. The minimum stacking distance between a right -of -way and the first parking space or aisle way in a parking lot that contains 51 or more spaces is fifty feet (50'). The proposed development does not meet this requirement at the north entrance on SW 4t" Avenue (see waiver discussion below): Waiver Analysis: A waiver has been requested to reduce the stacking distance from the fifty feet (50) for parking lots with fifty -one (59) or more spaces required pursuant to LDR Section 4.6.9(D)(3)(c)(2) to twenty -eight feet nine inches (2879 at the north entrance on SW 4th Avenue. Pursuant to LDR Section 2.4.7(6) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided the following justification statement regarding the waiver request: "The northernmost entrance on SW 4th Avenue is a secondary entrance — the other entrance along SW 4th Avenue is the primary entrance and meets the 50'0" stacking distance. We believe this waiver is justified as the immediate parking in the area adjacent to this entrance is less than 59 spaces (34 spaces are proposed). We have modified the secondary entrance so that all vehicles entering the site will have a stacking distance of 45`0" (this secondary entrance met the 50'0° requirement prior to a 5'0" R. O. W. dedication to the city). We are requesting a waiver for the vehicles exiting the property to 28'9 "." Separate requirements are not required for entering and exiting vehicles, as expressed in the applicant's statement. Therefore, the appropriate request is to reduce the stacking distance to SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 5 28'9 ". Based upon the provision of three (3) possible entries and exits to the site, including the secondary northern access point on SW 4th Avenue, the requested waiver is supportable. The stacking provided will not negatively affect the neighboring areas or create an unsafe situation. Granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege as similar waivers have been granted to other projects on similar basis. Consequently, positive findings can be made in the reduction of the stacking distance requirement at the north entrance on SW 4th Avenue with respect to LDR Section 2.4.7(6)(5). Bank Drive -thru Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(2), provisions must be made to provide for one hundred feet (100') of clear stacking from the first point of transaction for each lane of a drive -thru facility. The development proposal consists of a three (3) lane drive -thru facility in which each lane provides the minimum 100' of stacking. The innermost drive —thru aisle proposes one hundred feet (100') of stacking, with all others further exceeding the minimum requirement. Thus, this standard has been met. Special Landscape Setback: Pursuant to LDR Section 4.3.4(H)(6)(b), "Within the following special landscape setbacks, no structures shall be erected, altered, or reconstructed; nor shall any paving be allowed except for driveways and sidewalks leading to structures on the premises. Such driveways and walkways shall be generally perpendicular to the frontage. However, waivers may be granted to these restrictions at the time of site plan review in order to accommodate landscape features, decorative walls, meandering sidewalks, and other decorative pedestrian ways." Pursuant to LDR Section 4.3.4(H)(6)(b)(4), a special landscape area shall be provided along Linton Boulevard, from A-1 -A to the western City limits. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'). The development proposal has requested a waiver to all varying reduced landscape buffer widths (i.e. 17'2 ", 177', 17'9 ", 18'1" and 18'9 ") along the Linton Boulevard frontage. The applicant submitted the following justification in support of the waiver: "We are requesting a waiver from the LDRs to satisfy two (2) requests from Palm Beach County, the first (1t) is to provide a tum lane into the site and the second (2"d) is for an additional 12' -0" R, 0. W. The turn lane has been provided and we are also dedicating an additional 12' -0" R.O.W. for Linton Boulevard, therefore we are requesting a reduction from the required 30'O" east of the main entrance and on the west side of the main entrance (which is still above the minimum of 10'-0')." As depicted in this statement, the applicant's request for this waiver is not to accommodate landscape features, decorative walls, meandering sidewalks, and other decorative pedestrian ways, which is a requirement of the waiver as expressed in the language of LDR Section 4.3.4(H)(6)(b)(4). Therefore, under these circumstances, a waiver is not permitted and relief from this section of the code will require a variance by the Board of Adjustment. Staff can concur that site has had to dedicate a considerable amount of right -of -way along Linton Boulevard to meet the minimum right -of -way requirements per the Comprehensive Plan and Palm Beach County requirements. However, in a good faith effort to meet the intent of the code, staff feels that the applicant could accommodate the balance of the requirement for 2 SPRAB Staff Report: Meeting of 11/14/12 -Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 6 thirty foot (30') landscape buffer along Linton Boulevard, if one (1) parking row was eliminated. The site has a parking surplus. Only two hundred twelve (212) spaces are required, whereas two hundred seventy -three (273) spaces have been provided. Elimination of a more than twelve foot (12') deep parking row consisting of about thirty -one (31) parking spaces fronting along Linton Boulevard would bring the site into compliance to meet the thirty foot (30) buffer requirement. This would leave the site with two hundred forty -two (242) parking spaces which maintains a thirty (30) space parking surplus. It is noted that the New Century Commons shopping center across Linton Boulevard provided the required thirty foot (30') buffer_ Allowing a reduced buffer for the Lintco Development might be considered a special privilege due to the fact that the site is currently undeveloped and the buffer can be accommodated to allow for increased aesthetic value and consistency with new and existing developments along the Linton Boulevard streetscape. Staff suggests that the applicant redesign the parking lot along Linton Boulevard to accommodate the required thirty foot (30') landscape buffer and support the intent of the Code. Although staff does not support a variance to this requirement, the applicant may still seek relief through the variance process. Therefore a condition of approval has been added requiring that the site plan be modified to comply with the requirements of LDR Section 4.3.4(H)(6)(b)(4) or a variance request be submitted to and approved by the Board of Adjustment. Infrastructure Improvements: On October 16, 2012, the Palm Beach County Traffic Engineering Division reviewed the proposed traffic study for the Lintco Development to determine traffic concurrency. Pursuant to the Traffic Performance Standards in Article 12 of the Palm Beach County Land Development Code, the Traffic Division has determined that the proposed shopping center will meet the Traffic Performance Standards of Palm Beach County subject to provision of an exclusive westbound right turn lane along Linton Boulevard at the project's main access location. This is attached as a condition of site plan approval. Right -of -way Dedications: SW 4th Avenue: Pursuant to LDR Section 5.3.1(D)(2), a fifty foot (50') right -of -way exists on SW 4th Avenue where eight feet (80) is required for a City Collector. A five foot (5) right -of -way dedication along the west side of SW 4th Avenue was recommended to the City Commission by the DSMG (Development Service Management Group on October 18, 2012, and is reflected on the proposed plans. This will provide for thirty feet (30) of right -of -way along the west side of SW 4th Avenue. This dedication will be reflected in a subsequent plat, which is required as a condition of site plan approval. Linton Boulevard: Pursuant to Table T -1 of the Transportation Element of the Comprehensive Plan, a thirty foot (30') to fifty -three foot (53') right -of -way exists on Linton Boulevard where sixty feet (60') is required along the north side of the road. Right -of -way dedications ranging from seven feet (7) to thirty feet (30) along the north side of Linton Boulevard was recommended to the City Commission by the (DSMG) Development Services Management Group on October 4, 2012. This will bring the site into compliance with the required sixty foot (60') right -of -way for the entire Linton Boulevard frontage. Additionally, Palm Beach County required an additional five foot (5) right -of -way dedication along the north side of Linton Boulevard to accommodate a dedicated right turn lane. Therefore, a total of thirty -five feet (35) is proposed to be offered via right -of -way SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 7 dedication along the north side of Linton Boulevard. These dedications will be reflected in a subsequent plat, which is required as a condition of site plan approval. Adjacent Residential-Zoning Buffers: Pursuant to LDR Section 4.6.4(A)(2)(a), commercially zoned properties shall provide adequate buffering to adjacent residentially zoned parcels. Since the subject property is bordered by residential zoning to the north and west without any division or separation between them, such as a street, alley, railroad, waterway, park, or other public open space, a minimum ten foot (10') building setback from the property line and either a solid finished masonry wall six feet (6') in height or a continuous hedge at least four and a half feet (4'/') in height at the time of installation must be provided within the property boundaries of the commercially zoned parcel. While the minimum ten foot (10') perimeter setback has been provided along the north and west property lines, it is not clearly indicated on the plans that a minimum 4.5 hedge or 6' wall buffer will be provided. As the requirement is for both the 10' setback and a physical barrier, the plans shall clearly indicate the proposed physical barrier along the north and west property lines. This is attached as a condition of site plan approval. Upon provision of the physical barrier meeting the minimum height requirements, this standard will be met. General Commercial District W Supplemental District Regulations: Pursuant to LDR Section 4.4.9(G)(4), Lintco Development Overlay District, "Within the Lintco Development Overlay District, as defined by Section 4.5.19(A), non - residential development intensity in non - residential or mixed -use developments shall be limited to a maximum Floor Area Ratio (FAR) of 0.36." Since the proposed development has an FAR of 0.17, this requirement has been met. Preliminary Englineering Technical Items: While revised plans have accommodated most of staff's concerns, the items attached in Appendix "A" remain outstanding and will need to be addressed prior to site plan certification. LANDSCAPE PLAN ANALYSIS Pursuant to LDR section 4.6.16 (C)(1)(a), prior to the issuance of a building permit for a structure or a paving permit, compliance with the requirements of Section 4.6.16 shall be assured through the review and approval of a landscape plan submitted pursuant to Section 2.4.3(C). A landscape plan has been submitted and evaluated by the City Senior Landscape Planner. The following technical comments shall be addressed prior to site plan certification: 1. All existing soil within landscape areas adjacent to vehicular use areas is required to be removed (to 30" below grade), inspected and then replaced with a sixty to forty (60140) mix of sand to topsoil, native soil that has been screened of rock or another mixture suggested by Landscape Architect. Provide note on plans. Include in plans the illustration found in LDR 4.6.16(H)(3)(n). 2. Existing tree #'s 2, 3 and 4 (Live Oaks) were determined to be in very good condition. Save this trio of oaks and remove existing tree # 9, which is in worse condition. Based upon the aforementioned landscaping comments, the proposed development will be found in compliance with applicable requirements of LDR section 4.6.16, upon addressing the aforementioned conditions of approval. SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 8 ARCHITECTURAL ELEVATIONS ANALYSIS LDR Section 4.6.18 E — Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board ( SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Building °A" will consist of 41,029 sq. ft. of commercial space. The architectural design elements for Building "A" incorporate a variety of colors including "Arcadia White ", "Beverly Hills ", "Bennington Gray" and "Stonington Gray" stucco. The railings and awnings will be "Jet Black ". The columns, trim, banding and trellis will be painted "Brilliant White ". Decorative aluminum louvers will be "Red Oxide ". The storefront will be painted "Anodized Bronze" and the building will have a standing seam metal galvanized roof with mill finish. Building "B" will consist of a 3,371 sq. ft. bank, ATM and four (4) drive -thru lanes. The architectural design elements for Building "B" provide a diverse array of colors including "Arcadia White ", "Stonington Gray" and 'Bennington Gray" stucco. The railings will be "Jet Black ". The columns, outriggers, trim and banding will be painted "Brilliant White ". Decorative aluminum louvers will be "Blue Jeans". The storefront will be painted "Anodized Bronze" and the building will have a standing seam metal galvanized roof with mill finish. Building "C" will consist of 7,012 sq. ft. of commercial space. The architectural design elements for Building "C" exhibits "Arcadia White ", "Golden Mist ", "Kittery Point Green ", "Bennington Gray" and "Stonington Gray" stucco. The railings will be "Jet Black ". The columns, trim, outriggers, brackets and banding will be painted "Brilliant White ". Decorative aluminum louvers will be "Red Oxide" and "Earthy Russet ". The storefront will be painted "Anodized Bronze" and the building will have a standing seam metal galvanized roof with mill finish. All proposed architectural elevations will be compatible and harmonious with the surrounding properties and an enhancement to the area. Based upon the above, positive findings can be made with regard to the criteria listed in LDR Section 4.6.18 (E). REQUIRED FINDINGS Pursuant to LDR Section 3.1.1, prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: SPRAB Staff Report: Meeting of 11/14112 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 9 LDR Section 3.1.1(A) - Future Land Use Map: The subject property has a zoning designation of General Commercial (GC) and a General Commercial (GC) Future Land Use Map designation. Pursuant to the Land Use Designation /Zoning Matrix (Table L -7, Future Land Use Element), GC Zoning is consistent with GC Future Land Use Map designation. Pursuant to LDR Section 4.4.9(B)(1), general retail uses are permitted within the GC zoning district. Likewise, service uses such as restaurants and banks and similar institutions including drive - through facilities are allowed pursuant to LDR Section 4.4.9(B)(4). Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. LDR Section 3.1.1 (131 - ConeurrenqK. As described in Appendix "B ", a positive finding of Concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. LDR Section 3.1.1(C) - Consistency: As described in Appendix "C ", a positive finding of Consistency can be made as it relates to Standards for Site Plan Actions. LDR Section 3.1.7 D - Compliance with the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made when all outstanding items attached as conditions of approval are addressed. Required Findings: Pursuant to LDR Section 2.4.5(1=)(5), the approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table indicates the zoning and land use of the properties surrounding the subject property: The subject property is bordered on the north by Linton Ridge Condominiums_ Across Linton Boulevard to the south is the New Century Commons Shopping Center. Immediately to the east, at the intersection of SW 4th Avenue and Linton Boulevard, is a medical office building for women's health_ To the east, across SW 4th Avenue, is Security Self Storage. Abutting the property to the west is a single family residence and the City of Delray Beach Fire Station No. 3. Adjacent Zoning Adjacent Land Use North RM (Multiple Family Residential) Linton Ridge Condominiums South PC (Planned Commercial)... New Century Commons Shopping Center East MIC (Mixed Industrial and Commercial) & POD Planned Office Development) Security Self Storage & Medical Office Building West R -1 -A (Single Family Residential) & CF (Community Facilities) Single Family Residence & Fire Station No. 3 The subject property is bordered on the north by Linton Ridge Condominiums_ Across Linton Boulevard to the south is the New Century Commons Shopping Center. Immediately to the east, at the intersection of SW 4th Avenue and Linton Boulevard, is a medical office building for women's health_ To the east, across SW 4th Avenue, is Security Self Storage. Abutting the property to the west is a single family residence and the City of Delray Beach Fire Station No. 3. SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape flan, Architectural Elevations and Waiver Page 10 While the proposed shopping center on the subject property will be compatible with the existing industrial uses to the east and the commercial uses to the east and south, there will need to be adequate buffering by means of a wall, barrier or landscape buffer to mitigate any potential negative impacts against the residentially zoned properties to the north and west. Pursuant to LDR Section 4.6.4(A)(2)(a), commercially zoned properties shall provide adequate buffering to adjacent residentially zoned parcels with a minimum ten foot (10) building setback from the property line and either a solid finished masonry wall six feet (6') in height or a continuous hedge at least four and a half feet (4'h') in height at the time of installation within the property boundaries of the commercially zoned parcel. While the minimum ten foot (10') perimeter setback has been provided along the north and west property lines, it is not clearly indicated on the plans that a minimum 4.5 hedge or 6' wall buffer will be provided. As the requirement is for both the 10' setback and a physical barrier, the plans shall clearly indicate the proposed physical barrier along the north and west property lines. Based upon the above, the Lintco Development will need to provide physical barriers meeting the requirements of LDR Section 4.6.4(A)(2)(a), to assure there is not a negative impact to the adjacent residential zoned parcels to the north and west. This has been attached as a condition of site plan approval. Upon provision of these physical barriers, in addition to meeting the minimum 10' building setbacks, the site can be deemed to be in compliance with LDR Section 2.4.5(F)(5). Comprehensive Plan Policies: A review of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Future Land Use Element Objective A -9: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The proposed 51,412 sq. ft. shopping center will be an asset to the community. Development of this 7.09 acre vacant site will make a vital contribution to the local economy and contribute to shopping opportunities along the Linton Boulevard commercial corridor. The proposed landscaping and building architecture will also add a physical and aesthetic value to the site that is presently nonexistent. As a result, there will be significant physical and environmental improvements to the land. The adjacent condominium development to the north will substantially benefit from the activity resulting from the future bank and shopping center use. The proposed Lintco development is deemed a compatible and appropriate use for this site. Based upon the above, no incompatibility issues exist between the proposed shopping center and the surrounding land uses. However, as indicated earlier in the staff report, a required physical barrier for the adjacent residential properties to the north and west is required. As a condition of approval, this shall be identified on the plans prior to site plan certification. Upon doing so, a positive finding can be made with regard to Future Land Use Element Objective A -1. REVIEW BY OTHERS The development proposal is not in a geographic area requiring review by the Historic Preservation Board (HPB), Downtown Development Authority (DDA), or the Community Redevelopment Agency (CRA). SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 11 Courtesy Notices. A special courtesy notice was provided to the following homeowners associations: • Neighborhood Advisory Council • Southridge • Delray Citizen's Coalition . Southridge Village • Tierra Verde of Delray • The Vinings • Linton Ridge Letters of objection, if any, will be presented at the Site Plan Review and Appearance Board ( SPRAB) meeting. ASSESSMENT AND CONCLUSION The development proposal is to construct a 51,412 sq. ft. shopping center within one (1) phase. The shopping center will consist of three (3) buildings. Building "A" will consist of 41,029 sq. ft. with one (1) restaurant and six (6) retail bays. Building "B" will consist of a 3,371 sq. ft. bank, ATM and three (3) drive -thru lanes. Building "C" will consist of 7,012 sq. ft. with one (1) restaurant, one (1) coffee shop and two (2) retail bays. The development proposal includes construction of a two hundred seventy -three (273) space parking lot, whereas only two hundred twelve (212) parking spaces are required. The applicant shall reassess the parking requirement based on the shopping center parking rate and revise the parking data chart. Since less parking is required, there is a parking surplus of sixty -one (61) spaces. Staff recommends that thirty -one (31) spaces along Linton Boulevard be eliminated to accommodate the required thirty foot (30') buffer. A variance to only provide a 17'2" to 18'9" landscape buffer along Linton Boulevard is not supported. The stacking distance waiver at the north entry on SW 4th Avenue is supported due to other convenient access points, including an additional access point along SW 4th Avenue which will alleviate traffic congestion at the northernmost entry where the waiver is requested. All other access points meet the 50' stacking requirement. Adequate buffers need to be provided along the adjacent residential zoned properties to the north and west. While the minimum 10' building setback is met, a physical barrier of a 4.5 hedge or 6' masonry wall located inside the commercial parcel is also required. The site plan must be revised to indicate the proposed physical barrier prior to site plan certification to demonstrate compliance with the LDRs and the Comprehensive Plan. The proposed shopping center will be an asset to the local community and economy. Staff recommends approval of the overall site plan and landscape plan for the development, subject to the conditions identified in the staff report. Staff recommends approval of the architectural elevations as presented. ALTERNATIVE ACTIONS A. Move postponement of the waiver, Class V site plan, landscape plan and architectural elevations for Lintco, by electing to continue with direction. B. Move approval of the waiver, Class V site plan, landscape plan and architectural elevations for Lintco, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 12 Sections 2.4.5(F)(5), 2.4.7(8)(5) and Chapter Three of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the waiver, Class V site plan, landscape plan and architectural elevations for Lintco, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(F)(5), 2.4.7(6)(5) and Chapter Three of the Land Development Regulations. [Motion to be stated in the affirmative] STAFF RECOMMENDATION By Separate Motions: Stackinq Distance Waiver: Recommend approval to the City Commission of a waiver to LDR Section 4.6.9(D)(3)(c)(2) to reduce the stacking distance from the required fifty feet (50') for parking lots with fifty -one (51) or more spaces to twenty -eight feet nine inches (28'9 ") at the northern entrance on SW 41h Avenue, due to positive findings with respect to LDR Section 2.4.7(B)(5). Site Plan: Move approval of the Class V site plan for Lintco, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(F)(5) and Chapter Three of the Land Development Regulations, subject to the following conditions of approval: 1. The photometric plan be revised to show the location of light fixtures on buildings and lighting levels depicted for building entrances and under overhangs and canopies, 2. The site plan data chart shall be revised to accurately reflect the required parking for a shopping center (4 spaces per 1,000 sq. ft.) based upon the proposed building square footage of 51,412 sq. ft. plus outdoor dining areas. 3. Bike racks must be provided for each building in the project. 4. The required thirty foot (30') perimeter landscape buffer along Linton Boulevard shall be accommodated or a variance request to LDR Section 4.3.4(H)(6)(b)(4) shall be submitted to and approved by the Board of Adjustment. 5. Provision of an exclusive westbound right turn lane along Linton Boulevard at the project main access location shall be maintained to meet traffic concurrency requirements. 6. Submit a plat application to combine the twelve (12) parcels included within the development area. This shall include all right -of -way dedications and infrastructure upgrades. 7. The site plan, landscape plan and civil engineering plans shall clearly indicate that a minimum 4.5' hedge or 6' wall buffer will be provided along both the north and west parcel boundary lines. SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 13 8. The Pollution Prevention Plan on Sheet 8 of 9 of the civil plans is drawn at a scale of 1" 30' to match the boundary survey, site plan and landscape plan. 9. Provide an electronic copy of the plan set on CD (not DVD) formatted as Adobe Acrobat (pdf extension) at a size no larger than 11" x 17 ". Be sure to make disk compatible with all drives. 10. Satisfy the Preliminary Engineering Technical Items identified in "Appendix A" of the staff report. Landscape Plan: Move approval of the landscape plan for Lintco, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with Section 4.6.16 of the Land Development Regulations, subject to the following conditions of approval: 1. All existing soil within landscape areas adjacent to vehicular use areas is required to be removed (to 30" below grade), inspected and then replaced with a sixty to forty (60140) mix of sand to topsoil, native soil that has been screened of rock or another mixture suggested by Landscape Architect. Provide note on plans. Include in plans the illustration found in LDR 4.6.16(H)(3)(n). 2. Existing tree #'s 2, 3 and 4 (Live Oaks) were determined to be in very good condition. Save this trio of oaks and remove existing tree # 9, which is in worse condition. Architectural Elevations: Move approval of the architectural elevations for Lintco, by adopting the findings of fact and law contained in the staff report, and finding that the request meets the criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Attachments: Appendix 'A" Appendix "B" Appendix "C° Location Map PBC traffic concurrency determination Staff Report Prepared by: Candi N. Jefferson, Senior Planner SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 14 APPENDIX "A,, PRELIMINARY ENGINEERING TECHNICAL ITEMS 1. Provide additional elevations at a minimum distance of 10 -feet into all adjacent properties per LDR Section 2.43 (B) (20) and (D) (2). Provide sufficient elevations to ensure proposed improvements will not have a negative impact on surrounding drainage and to establish historical storm water flow. 2. Provide existing elevations on existing roadway including edge of pavement and center line. 3. Indicate right -of -way dedications, as applicable on all plans in accordance with LDR Section 5.3.1. 4. Provide a minimum 10 -foot General Utility Easement (GUE) through the property for all other utilities. This GUE is not allowed in public right -of -way. Water, sewer or drainage system(s) cannot occupy or share this GUE- 5. If project phasing is proposed, such phases need to be clearly shown on the plans and a narrative describing the phasing program provided per LDR Section 2.43 (B) (22). Please indicate phasing plan on Civil Plans and clearly indicate how this would affect proposed improvements and specifically water and sewer improvements. 6. Palm Beach County permit(s) required for this project per LDR Section 2.4.2 (C) (2) (d)_ Provide documentation indicating applicant has met with Palm Beach County regarding proposed project. Ensure document indicates proposed connection into Palm Beach County drainage system on Linton Boulevard will be allowed. 7. South Florida Water Management District (SFWMD) permit required for this project in accordance with LDR Section 2.4.6(J). Provide documentation indicating applicant has met with SFWMD regarding proposed project. 8. Clearly dimension driveway width on Civil Plans. 9. Clearly label paving material for all paved areas or include icon in legend 10. Provide note that parking layout and striping needs to follow City of Delray Beach current standards. Provide latest Parking Lot Detail RT 4.1 and Typical Parking Space Details RT 4.2 A thru C, as applicable on Civil Plans. 11. Provide finished floor elevation. In accordance with LDR Section 7.13 (B) (2), if finished floor elevation is less than 18- inches above centerline of adjacent road, but above the 100 - year storm or National Flood Insurance minimum elevations, then a letter is required from a professional registered engineer certifying that the drainage conditions have been investigated and the proposed floor elevation is above the flooding level. It must be shown that the property will have adequate drainage to ensure that flooding will not occur in a 100 - year, 3 -day storm event. To be checked when street elevations are provided, 12. Provide finish floor elevations for nearest adjacent structures 1 buildings abutting all property boundaries 13. Provide signed and sealed drainage report indicating the proposed system's ability to meet storm water ug ality and ug antity requirements in accordance with the South Florida Water SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 15 Management District regulations per LDR Section 2.4.3 (D) (7). In addition, the surface water management system needs to be designed in accordance with LDR Section 6.1.9 for a minimum of a 10 yr,124 hr. storm event. The system needs to provide for positive drainage of lots, streets, roads, and other public areas as well as handling any run -off from adjacent areas that historically flowed into the subject area. Include drainage calculations confirming that there will be no negative post development impacts on adjacent homes, structures or properties. 14. Indicate type and size of proposed drainage pipe. Provide Reinforced Concrete Pipe (RCP) in public right -of -way, corrugated pipe needs to be avoided. 15. Revise drainage system, no new exfiltration system can be constructed in Zone 1 or 2 of a public drinking water wellfield per Palm Beach County Unified Land Development Code, Article 14 Chapter B. 16. Provide drainage easements for all proposed private drainage systems in accordance with LDR Section 5.3.4. 17. Revise proposed water main connections, connections cannot be to existing 20 -inch transmission lines. Connect to existing 6 -inch water main on east side of S-W. 4th Avenue and existing 6 -inch water main just west of property on Linton Boulevard. Connection on Linton Boulevard can be routed north through property to provide a looped system. In addition, provide a stub out at northwest corner of site to facilitate a looped system when the west adjacent property is required to do so. 18. Clearly label all service connections and ensure a separate tap is provided for fire and potable water lines. 19. Indicate location of existing fire hydrant located in northeast corner of site. 20. Indicate location of existing lift station and confirm existing 8 -inch stub is available for connection. 21. Confirm proposed single sanitary sewer service line on east side of Building A will be instailedlpitched to service a Building of this size. 22. Indicate grease trap(s) will be installed in accordance with City of Delray Beach Minimum Construction Standards and Specifications. 23. Clearly label the 12 -foot exclusive water and 12 -foot exclusive sewer easement over water and sewer mains, respectively. Water and sanitary sewer lines cannot share a 12 -foot easement. 24. Show and clearly label all easements on Landscape, Civil, Site and Composite Utility Plans. 25. Provide note indicating, "No proposed improvements, buildings or any kind of construction can be placed on or within any water, sewer or drainage easements, unless approved by the City of Delray Beach City Engineer." 26. Provide note indicating, "No proposed structures shall be installed within a horizontal distance of 10 -feet from any existing or proposed water, sewer or drainage facilities, unless approved by the City of Delray Beach City Engineer." SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 16 27. Provide details for all water, sewer and drainage conflicts. Provide both bottom and top elevations at all conflict locations on profile sheets. This will be checked during Building permit review process. 28. Provide signed and sealed calculations indicating proposed estimated flows into existing lift station and force main. Written approval from the Deputy Director of Public Utilities stating that the City's system has sufficient capacity to treat proposed flows is required. 29. Provide a Composite Utility Plan signed by a representative of each utility provider attesting to the fact that services (water, sewer, drainage, gas, power, telephone and cable) can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services in accordance with LDR Section 2.4.3 (F) (4). Composite Utility Plan is also used to ensure physical features do not conflict with each other and existing or proposed utility services. 30. Indicate City approved bus shelter and mass transit easement will be provided per City of Delray Beach Comprehensive Plan, Policy A-1.5. New residential projects with over 25 units and nonresidential projects over 10,000 square feet which are adjacent to existing or future Palm Tran bus stops are required to provide an easement and install a City approved bus shelter on site. If project is not adjacent to a bus stop, or bus shelter already exists, a contribution made to the City of Delray Beach in -lieu of providing the bus shelter on site is required. SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 17 "APPENDIX `°B" CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer. • Water service will be provided from existing 16" valve along SW 4th Avenue • Sewer service will be provided from existing 6" main along SW 4th Avenue Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Streets and Traffic: A traffic study has been provided for the development proposal indicating that the net increase in traffic is 1,178 net external daily trips, forty -nine (49) net new external a.m. peak hour trips and two hundred fifty -two (252) net new external p.m. peak hour trips per day. The Palm Beach County Traffic Division has reviewed the traffic study for the proposed development and determined that a dedicated westbound right turn lane is required along Linton Boulevard at the main entrance. With provision of the right turn lane, the site meets the Traffic Performance Standards of Palm Beach County. Parks and Recreation Facilities. Park dedication requirements do not apply for non - residential uses. Thus, the proposed development will not have any impact with respect to this standard. Qnlir! Mlaef© The proposed shopping center (51,412 sq. ft.) will generate 187.65 tons of solid waste per year. Thus, the development proposal will result in a 187.65 ton increase in solid waste generated annually. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2047. Qf-hnnlc- School concurrency findings do not apply for non - residential uses. Thus, the proposed development will not have any impacts with respect to this standard. Drainage: Drainage will be accommodated on site via an exfiltration trench system. There should be no impact on drainage as it relates to this standard. SPRAB Staff Report: Meeting of 11/14/12 Lintco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 18 APPENDIX "C" :STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists and vehicles in a manner consistent with policies found under Objectives D -1 and D -2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B -1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent SPRAB Staff Report: Meeting of 11/14/12 Untco — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Page 19 F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X — subject to provision of a physical barrier to the north and west Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied Not applicable Meets intent of standard X Does not meet intent 1. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. 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REIGLE AVENUE a FALL RIDGE Y r OF DELRAY STERLING AVENUE THE DOUGLASS AVENUE CROVES SOUTHRIDGE ROAD w P a GULF STREAM BESSIE ST, Po COMMERCIAL CENTRE Qo > Sao � a LINTON TRUSS ELLA ST. L IN TON RIDGE ? P o CONDO COUNTY SUtSO� c0 crR��e SANITATION a n`,i�� `q i`t�dIMFJa SOUTHRIDGE RD. ZEDER AVE. BENJAMIN AVE r 71. I �Iu.ws�Y4 SECURITY sourt�RlDCE �� t 5 SELF STORAGF • t: ONE LINTON CONDO SOUTNRIDGE ; rl :' ' F i` BLVD. CONDO ,aE,�� E i N T 0 N 8 0 U L E V A R D LINTON INTERNATIONAL PLAZA a COSTCO z a Ld LAVER'S a J DELRAY INDUSTRIAL PARK L AKEVI EW APARTMENTS N SOLID WASTE IRAN SFER STATION Y a -a THE a VIKINGS MILLER w k FIELD _0 SUBJECT PROPERTY L 1 N TC O DEVELOPMENT r_ PLANNING AND ZONING DEPARTMENT LOCATION MAP -- DIGITAL ARSE H4P SYSTEM -- MAP REF: 5: \Planning &Zoning \DBMS \Fle — Cob \Z --LM 1000- 4500 \LA111321 -Untco Development carchitecture,inc. arci li ct -q, piann�,re & di lrlk,r,Vrs aek, f beach IN 234,14 f 1 561,27 ,k is °c October 29, 2012 'Mr. Paul Doring, Planning. and Zoning Director City of Delray Beach Planning and Zoning Department 100 N. W. 1st Avenue Delray Beach, FL 33444 Re: Lintco Shopping Center = Class V Site Plan Application Linton Boulevard, Delray Beach, Florida (Revised Waiver Rearrest) Dear Mr. Dorling: PLANNING & ZONNG Please accept this letter as our request for awaiver from the Site Plan Review & Appearance Board as follows: Item #1: Per U)R Section 4.6.9 (D)(3)(c)(1), fifty feet (50') of stacking is required at all driveway entrances adjacent to a public right-of-way where '1i C-ty -one (5 1) or in.ore parking spaces are proposed. „Please assure that.the staching.requirernent is met along the northernmost entrance on SW 4th Ave:nue." Justification: The northernmost entrance on SW 4th Avenue is a secondary entrance - the other entrance along SW Ab Avenue is the primary entrance and meets the 50' -0" stacking. distance. We believe this waiver is justified. as the immediate parking, in the area adjacent to this entrwice is less than 51 spaces (34 spaces are proposed). We have modified the secondary entrance so that all vehicles entering the site will have a stacking distance of 45' -0" (this secondary entrance met the 50' -0" requirement prior to a 5' -0" R.O.W. dedication to the city). We are requesting a waiver for the vehicles exiting the property to 28` -9 ": Should you have any questions or comments, please do not hesitate to caJ1 our office at (561) 27.6 -6011, Thank you for your ulos AIA, Vice President Department of Engineering and Public Works P.O. Box 21229 West Palm Beach, FL 53416-1229 (561.) 6.84 -4000 FAX: (561) 684 -4050 www.pbcgov.ccm Palm Beach County Boars! of County Commissioners . Shelley Vana, Chair Steven L. Abrams, Vice Chairman 1Sarcrn T. Marcus Paulette Burdick Burt Aaronson Jess R. Santamaria Priscilla A. Taylor Coumty Ae ministrator Robert Weisman :fin Equal Opyo -Nnrty Affirmaive X ction Employer" 9bprinted - recycled paper October 16, 2012 Mr. Paul Dorling Planning Director City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 RE: Lintco Shopping Centre Project #: 120912 TRAFFIC PERFORMANCE STANDARDS REVIEW Dear Mr. Darling: The Palm Beach County Traffic Engineering Division has reviewed the traffic study for the proposed commercial project entitled Li:rltco Shopping Centre, pursuant to the Traffic Performance Standards in Article 12 of the Palm Beach County Land Development Code. The project is summarized as follows: Location: North side of Linton Boulevard, east of SW e Avenue. Municipality: Delray Beach PCN #: 12- 43- 46- 20 -01- 008 -0010 and 1.0 more on file. Existing Uses: Vacant Proposed uses: 48,387 SF General Retail and 3,894 SF Bank WDT. New Daily Trips: 1,178 New PH Trips: 49 AM and 252 PM Build -Out: End of Year 2017 Based on our review, the Traffic Division has determined the proposed shopping centre meets the Traffic Performance Standards of Palm Beach County under the following condition: Provision of an exclusive WB right -turn lane along Linton Boulevard at the project main access location. No building permits are to be issued by the City after the build -out date specified above. The County traffic concurrency approval is subject to the ProfectAggregation Rules set forth in the Traffic Performance Standards Ordinance.. If you have any questions regarding this determination, please contact me at (561) 684 -4030 or send me an email to rnatef[@pbcgov -orq. Sincerely, Masoud Atefi, MSCE ✓' TPS Administrator, unicipalities, Traffic Engineering Division MA:saf ea Chris W. Heggen, PE. — Kimsey -Flora &Associates, Inc. Steve Bohovsky, Technical Assistant I] I, Traffic Division File: General - TPS - Muri -Traffic Study Review FiITRAFFIGkinalAdm i nlApprovalsk2012kl 2D912.doc MEMORANDUM TO: Mayor and City Commissioners FROM: Candi Jefferson, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: January 9, 2013 SUBJECT: AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 WAIVER REQUEST/ DOWNTOWN BOWLING ITEM BEFORE COMMISSION The action requested of the City Commission is approval of a waiver to LDR Section 4.6.18 (13)(14)(iv) (2), to allow a minimum transparency or glass surface area on the ground floor along NE 2ndAvenue of 7.28% whereas 75% is required for Downtown Bowling located at 45 NE 2nd Avenue. BACKGROUND WAIVER ANALYSIS: Minimum 75% Ground Level Glass Surface Area: Pursuant to LDR Section 4.6.18 (13)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor of all non - residential buildings shall be a minimum of 75 %. The proposed ground floor along NE 2nd Avenue does not meet this LDR requirement (see waiver discussion below): Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. In support of the waiver the applicant has provided the following statement: "As we have stated that our intent is to keep the existing glass openings and replace the windows to better suit our needs and enhance curb appeal. The glass block is a "dated look" and inherently lends itself as a "busy" looking design element. According to product spec sheets by Pittsburgh Corning Glass block, the most similar patterns show a Visible Light Transmission from 38 % -75% which is more than a 20% reduction in light transmission. The current surface of the glass block area on the West Elevation is 390.96 sgft. We are requesting to remove this element. " A 75% minimum transparency or glass surface area is required along NE 2nd Avenue. The function and use of the ground floor level of the building includes a restaurant and an eight (8) lane bowling alley. The main purpose of the LDR requirement is to maintain a pedestrian friendly streetscape. Since the glass block areas are on the upper level of the first floor and do not meet the 20% transparency requirement, the goal is to increase the existing glass windows and doors near the ground level and maintain no less than the existing percentage, so as not to increase the existing nonconformity. We feel that in an effort to provide aesthetic appeal along NE 2nd Avenue, the applicant has offered a pedestrian friendly design which will be inviting to persons passing by, so the waiver can be supported. Granting the requested waiver will not have an adverse effect on the neighboring area, diminish the provision of public facilities, or create and unsafe situation. This waiver would also be supported under similar circumstances, and therefore will not result in the grant of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. REVIEW BY OTHERS On December 19, 2012, the Site Plan Review and Appearance Board (SPRAB) recommended approval to the City Commission of the waiver request to LDR Section 4.6.18(B)(14)(iv)(2), to reduce the minimum transparency or glass surface area on the ground floor along NE 2nd Avenue to 7.28% whereas a minimum of 75% is required, upon positive findings with respect to LDR Section 2.4.7(B) (5). RECOMMENDATION By motion, approve the waiver to reduce the 75% transparency requirement to 7.28% for Downtown Bowling building at 45 NE 2ndAvenue. 2013. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR DOWNTOWN BOWLING AT 45 NE 2 "d AVENUE 1. These waiver requests came before the City Commission on January 15, 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Downtown Bowling at 45 NE 2nd Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.6.18 (B)(14)(iv)(2) Pursuant to LDR Section 4.6.18 (B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor of all non - residential buildings shall be a minimum of 75% of the wall area for that elevation. The applicant is asking for a waiver to reduce the minimum transparency or glass surface area on the ground floor along NE 2nd Avenue to 7.28 %. Should the waiver to Section 4.6.18 (B)(14)(iv)(2) be granted? ► C7 1 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 15th day of January 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 2 Thomas F. Carney, Jr. Mayor SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH -- -STAFF REPORT - -- MEETING DATE: December 19, 2012 ITEM: Downtown Bowling (45 NE 2" Avenue) — Class V Site Plan request associated with the conversion of 10,800 sq, ft. of retail space to a 3,550 sq. ft. full service restaurant and 7,250 sq. ft. bowling alley with eight (8) lanes. GENERAL DATA: Owner ...... ............................... Ocean City Properties, LTD. Applicant /Agent ................... Steven Dapuzzo Location ... ............................... Southeast corner of NE 1St Street and NE 2nd Avenue (Pineapple Grove Way) Property Size .......................... 2.49 Acres Future Land Use Map............ CC (Commercial Core) Current Zoning ........................ CBD (Central Business District) Adjacent Zoning ............ North- CBD (Central Business District) East: CBD (Central Business District) South: CBD (Central Business District) West: CBD (Central Business District) Existing Land Use ................... Vacant retail space Proposed Land Use ................ Restaurant and bowling alley Water Service ......................... Existing on site Sewer Service ......................... Existing on site The item before the Board is the Bowling to convert of 10,800 sq. 7,250 sq. ft. bowling alley with (LDR) Section 2.4.5(F). approval of a Class III Site Plan Modification for Downtown ft, of retail space to a 3,550 sq. ft. full service restaurant and a eight (8) lanes, pursuant to Land Development Regulations The site is located within the Ocean City Lumber development on the east side of NE 2 "d Avenue (Pineapple Grove Way), between East Atlantic Avenue and NE 15t Street. The overall Ocean City Lumber project consists of Lots 1-3, Onnen Subdivision, which is within the original Block 84, Town of Delray. The complex contains 2.5 acres and 4 buildings. The building involved with this request is located on the western portion of Lot 1, and is the bay to the north of the existing House of Siam restaurant. This bay was previously occupied by a photo store and a photo gallery (Fotofusion). Numerous site plan modifications have been processed since 1994 on the overall Ocean City Lumber complex. Following is a summary of these modifications: At its meeting of January 26, 1994, the Site Plan Review and Appearance Board (SPRAB) approved a site plan modification for a 997 square foot addition and the installation of a new 59 space parking lot in conjunction with the conversion of the Ocean City Lumber Company to a commercial complex (office, restaurants and retail). The parking spaces were not required and were available for new businesses as well as future modifications. Numerous additional modifications were made to the site, which resulted in a 49 parking space credit on the site. At its meeting of November 14, 2001, the SPRAB approved the conversion of an existing 1,014 square foot retail bay located at the southern end of the complex (south side of the courtyard) to a restaurant (Fusha) and the addition of 2,786 square feet of outdoor seating within the adjacent courtyard, as well as 220 square feet at the southeast corner and 62 square feet at the southwest corner of the site (3,068 square feet total outdoor seating area). This conversion reduced the parking surplus to 27 spaces. At its meeting of December 3, 2003, the SPRAB approved the conversion of two existing retail bays in the center of the complex (north side of the courtyard) to a 1,162 square foot restaurant with a 152 square foot outdoor dining /seating area for Christina's Restaurant. This conversion reduced the parking surplus to 23 spaces. At its meeting of June 23, 2004, the SPRAB approved the conversion of one existing retail bay totaling 1,050 sq. ft. to restaurant use as well as the addition of 149 sq. ft. of outdoor dining area to accommodate the expansion of Christina's Restaurant resulting in an additional 4 spaces being deducted from the parking surplus. This expansion resulted in a parking surplus of 19 spaces. At its meeting of June 11, 2008, the SPRAB approved the conversion of the prior Christina's Restaurant space to office use and conversion of tenant space 114 from retail to office space for Meisner Electric, a tenant of Ocean City Lumber Company. This conversion reduced the parking requirements from restaurant and retail use to office use and resulted in a parking „surplus _of 27 spaces. SPRAB Report — Meeting of December 19, 2012 Class III Site Plan Modification for Downtown Bowling Page 2 At its meeting of May 13, 2009, the SPRAB approved the conversion of three (3) parking spaces on the east side of Bru's Room Sports Bar to a 459 square foot covered outdoor dining area. The three (3) parking spaces were deducted from the existing parking surplus (27 spaces). Thus, the conversion resulted in a reduction in parking surplus to 24 spaces. The 459 sq. ft. canopy covering the outdoor dining area was considered to be sidewalk cafe and did not constitute the provision of any additional parking spaces. At its meeting of August 24, 2011, the SPRAB approved the conversion of 783 sq. ft. of Suite 114 (prior office space) to restaurant use to expand the existing House of Siam Restaurant. This required an additional two (2) parking spaces. This resulted in a reduction in the parking surplus for the overall site to 22 spaces. On November 19, 2012, the Planning and Zoning Board recommended approval to the City Commission of a conditional use request to convert 10,800 sq. ft. of retail space to a 3,550 sq. ft. full service restaurant and 7,250 sq. ft. bowling alley with eight (8) lanes. On December 11, 2012, the City Commission approved the conditional use request to convert 10,800 sq. ft. of retail space to a 3,550 sq. ft. full service restaurant and 7,250 sq. ft. bowling alley with eight (8) lanes. This conversion of use from retail to restaurant will require fifteen (15) additional parking spaces. if the site plan is approved, it will reduce the existing parking surplus to seven (7) spaces. Now before the Board for consideration, is a Class III Site Plan Modification associated with the conditional use approval to allow conversion of 10,800 sq. ft. of retail space to a 3,550 sq. ft. full service restaurant and 7,250 sq. ft. bowling alley with eight (8) lanes. The boutique bowling entertainment center will contain a 3,550 sq. ft. full service restaurant with a bar and a 7,250 sq. ft. bowling alley with eight (8) lanes. The operation hours will be 11:00 a.m. to 2;00 a.m., seven (7) days a week. The seating capacity for the restaurant will be one hundred sixty (160) persons. The business will have approximately fifteen (15) employees which will work around three (3) shifts to accommodate lunch, dinner and late night dining and bowling. Employees will consist of bowling staff (2 persons), service staff (up to 6 persons), kitchen staff (up to 5 persons) and management (2 persons). The trash management system will include recycling and disposal in the two (2) existing dumpster locations on the property. Deliveries will be made to the existing loading zone on the north side of the building. The proposed restaurant will utilize existing can wash areas on the south side of the property. Similarly, existing grease trap and piped gas services are located behind the building to the east. Existing HVAC systems are in place, however, a new hood ventilation system will be installed above the kitchen as indicated on the proposed plans. No changes are proposed to the existing landscaping on -site. However, changes to the architectural elevations are proposed and shall need to comply with the 75% transparency along adjacent rights -of -way within the Central Business District (CBD). The conversion to restaurant use will require an additional fifteen (15) parking spaces. There is an existing twenty -two (22) space parking surplus for the site. If approved, this will reduce the parking surplus to seven (7) spaces. However, should the owner (Ocean City Properties, Ltd.) decline utilization of any or a portion of the surplus parking spaces, then Downtown Bowling shall be subject to in -lieu parking spaces at a rate of $7,800 per space up to a total of $117,000 for fifteen (15) spaces. SPRAB Report — Meeting of December 19, 2012 Class III Site Plan Modification for Downtown Bowling Page 3 COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application /request. LDR Article 4.6 — Supplemental District Regulations: Parking: Pursuant to LDR Section 4.4.13(G)(1)(d), restaurants located within Pineapple Grove require 6 spaces per 1,000 square feet of gross floor area. Thus, the proposed 3,550 sq. ft. restaurant conversion requires a total of twenty -one (21) spaces. However, the site is already vested for 3,550 sq, ft, of retail use at a rate of one (1) space per 300 sq. ft., pursuant to LDR Section 4.4.13(G)(1)(a). This is equivalent to twelve (12) spaces. Thus, the resulting increase in parking is nine (9) spaces [21- 12 =9]. The remaining 7,250 sq. ft. is dedicated to the bowling alley at a parking rate of 1 space per 300 sq. ft. This is vested for twenty -four (24) parking spaces, so there is no change in the parking requirement for the bowling alley. Therefore, this standard will be met upon allocation of the nine (9) surplus parking spaces. Additionally, the applicant proposes new outdoor dining restaurant use area which was not previously subject to parking. Parking shall be assessed for these areas at a restaurant rate of 6 spaces per 1,000 square feet of gross floor area, pursuant to LDR Section 4.4.13(G)(1)(d). The outdoor courtyard dining proposed along the south elevation is approximately 629 sq. ft. The outdoor dining area along the west elevation is approximately 420 sq. ft. The combined total outdoor dining use area totals approximately 1,049 sq. ft. This shall increase the parking requirement by six (6) spaces, thus making the total new parking required for the site fifteen (15) spaces and reducing the remaining parking surplus to seven (7) spaces. The site data and parking data charts shall be updated to include the proposed sq. ft. for outdoor dining areas and the required parking. A revised affidavit from the owner (Ocean City Lumber Ltd.) shall authorize use of fifteen (15) of the existing twenty -two (22) space parking surplus, otherwise in -lieu parking spaces shall remedy any remaining parking deficiency. This is attached as a condition of site plan approval. Wall Surface Area: Pursuant to LDR Section 4.6.18.B.14.iv.2., the minimum transparency or glass surface area on the ground floor wall area of all non - residential buildings shall be a minimum of 75% of the wall area for that elevation. All storefronts or glass areas abutting the street shall be transparent, non -solar or non - mirrored, and have a light transmission reduction of no more than twenty percent (20 %). Downtown Bowling has proposed changes to the exterior of the building along NE 2nd Avenue. All changes shall decrease the existing nonconforming glass surface area. The approved plans shall provide calculations which specify the percent of existing, required and proposed transparent or glass surface area provided on the ground level. All proposed elevation changes shall increase the existing glass surface area to look inviting to pedestrians. Currently, existing glass surface area along south and west elevations are proposed to be removed and replaced with opaque building material. The percent transparency area is being reduced, thus increasing an existing nonconformity. This is not allowed and the elevations must be revised to provide no less than the percentage of existing glass area on the proposed SPRAB Report — Meeting of December 19, 2012 Class III Site Plan Modification for Downtown Bowling Page 4 architectural changes. Similarly, a site data chart or plan notations shall clearly indicate the existing and proposed percentages of glass area on each elevation (i.e. north, south, east and west). The applicant has requested a waiver to the 75% transparency requirement. It is analyzed in the following section: Minimum 75% Ground Level Glass Surface Area; Pursuant to LDR Section 4.6.18 (13)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor of all non - residential buildings shall be a minimum of 75 %. The proposed ground floor along NE 2nd Avenue does not meet this LDR requirement. Thus, the applicant has requested a waiver to reduce the minimum transparency or glass surface along NE 2nd Avenue. 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. In support of the waiver the applicant has provided the following statement: "As we have stated that our intent is to keep the existing glass openings and replace the windows to better suit our needs and enhance curb appeal. The glass block is a "dated look" and inherently lends itself as a "busy" looking design element. According to product spec sheets by Pittsburgh Corning Glass block, the most similar patterns show a Visible Light Transmission from 38 % -75% which is more than a 20% reduction in light transmission. The current surface of the glass block area on the West Elevation is 390.96 sq.ft. We are requesting to remove this element." A 75% minimum transparency or glass surface area is required along NE 2nd Avenue. The function and use ground floor level of the building includes a restaurant and an eight (8) lane bowling alley. The main purpose of the LDR requirement is to maintain a pedestrian friendly streetscape. Since the glass block areas are on the upper level and do not meet the 20% transparency requirement, the primary goal is to increase the existing glass windows and doors on the ground level or maintain no less than the existing percentage, so as not to increase the existing nonconformity. We feel that in an effort to provide aesthetic appeal along NE 2nd Avenue, the applicant has offered a pedestrian friendly design which will be inviting to persons passing by, so the waiver can be supported. Granting the requested waiver will not have an adverse effect on the neighboring area, diminish the provision of public facilities, or create and unsafe situation. This waiver would also be supported under similar circumstances, and therefore will not result in the grant of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. SPRAB Report— Meeting of December 19, 2012 Class III Site Plan Modification for Downtown Bowling Paae 5 Pursuant to LDR Section 3.1.1, prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: LDR Section 3.1.1(A) - Future Land Use Map: The subject property has a zoning designation of Central Business District (CBD) and a Central Core (CC) Future Land Use Map designation which are consistent with each other. LDR Section 3.1.1(6) - Concurrence: As described in Appendix "A ", a positive finding of Concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. LDR _Section 3.1.1(C) - Consistency: As described in Appendix "B ", a positive finding of Consistency can be made as it relates to Standards for Site Plan Actions. LDR Section 3.1.1(D) - Compliance with the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made with approval of the waiver to the floor height and by addressing the attached conditions of approval. Required Findings: Pursuant to LDR Section 2.4.5(F)(5), the approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following zoning designations and uses are abutting the subject property: The existing 10,800 sq. ft. building is a part of the Ocean City Lumber development which includes a variety of uses, including by not limited to office space for Meisner Electric, the House of Siam Restaurant and Bru's Room. Therefore, the conversion of use from retail to restaurant and bowling will complement adjacent commercial land uses. However, there are certain aspects of the design which will need to be modified (i.e., location of the bar) to enhance compatibility with adjacent businesses. Zoning Designation: Use: North. CBD Central Business District) Astor Condominium Mixed Use Building South: CBD (Central Business District ) Multi- Tenant Retail Building East. CBD (Central Business District) Railroad Right-of-Way West: CBD (Central Business District ) Public Parking Lot and Garage The existing 10,800 sq. ft. building is a part of the Ocean City Lumber development which includes a variety of uses, including by not limited to office space for Meisner Electric, the House of Siam Restaurant and Bru's Room. Therefore, the conversion of use from retail to restaurant and bowling will complement adjacent commercial land uses. However, there are certain aspects of the design which will need to be modified (i.e., location of the bar) to enhance compatibility with adjacent businesses. SPRAB Report -- Meeting of December 19, 2012 Class III Site Plan Modification for Downtown Bowling Page 6 The proposed change of use for the Ocean City Lumber Company site will be well integrated into the fabric of the neighboring environment. Restaurants are established uses within the Central Business District (CBD) and along the adjacent Atlantic Avenue corridor. Although bowling is a recreational use not currently existing within the CBD, it is allowed with conditional use approval. The future bowling alley has received positive public feedback to date and is a welcomed entertainment venue within the downtown area. It is not anticipated that the proposed use will pose any adverse effects on the surround properties. Based upon the above upon compliance with the conditions of approval, a positive finding can be made with regard to LDR Section 2.4.5(F)(5) that the site plan will be compatible and harmonious with adjacent and nearby properties. Comprehensive Plan: A review of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Future Land Use Element Objective A -1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. With respect to applicable physical considerations, it is noted that all activities, with the exception of outdoor dining associated with an approved sidewalk cafe, shall take place inside an enclosed building. In prior years, the City Commission did not desire the presence of patrons seated at a bar adjacent to public rights -of -way or facing interior courtyards. However, on December 11, 2012 the City Commission approved the bar stools adjacent to the south and west perimeter wall of the building. This has been depicted on the proposed floor plans. However, to reduce conflict with pedestrian traffic, the seating along the south side of the building (i.e., two adjacent tables with chairs) must be removed from the floor plans. This in accord with the specific request of the City Commission. Plans shall be revised to reflect the City Commission direction prior to site plan certification. This is attached as a condition of approval. Upon satisfaction of this condition with the provision of revised plans, this objective will be met. LDR Section 4.6.18(E) - Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: 1. The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. SPRAB Report — Meeting of December 19, 2012 Class III Site Plan Modification for Downtown Bowling Page 7 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The proposed architectural elevations include removal of the existing glass block on the upper level of the building. The existing decorative metal framing system on the upper level will be retained. The mural on the east elevation will also be retained. An existing single door on the west elevation (SE 2nd Avenue) will be converted to a double door and is intended to be utilized as a main entrance. All existing windows on the west elevation will be converted to sliding glass doors. The existing windows on the south elevation (i.e. interior courtyard) will be converted to sliding glass doors. An additional single door entry will be added to the east elevation, which currently exhibits decorative mural art. No changes are proposed to the existing north elevation. The proposed architectural elevations will be compatible and harmonious with the surrounding properties and an enhancement to the area. Based upon the above, positive finding can be made with respect to LDR Section 4.6.18(E). Downtown Development Authority: The subject project was reviewed by the DDA (Downtown Development Authority) at their meeting of September 10, 2012 and was unanimously recommended for approval. Community Redevelopment Agency: At its meeting of September 13, 2012, the CRA (Community Redevelopment Agency) unanimously recommended approval of the development proposal. Courtesy Notice: Courtesy notices have been provided to the following associations that have requested notice of developments in their areas: • Neighborhood Advisory Council • Delray Citizens Coalition Public Notice: In conjunction with the conditional use request, formal public notice was provided to property owners within a five hundred foot (500') foot radius of the subject property. No letters of objection were presented at the Planning and Zoning Board or City Commission meeting. Potential letters of objection not provided to date, if any, will be presented at the Site Plan Review and Appearance Board ( SPRAB) meeting. ,ASSESSME,NT AN.D CONCLUSION The conditional use request includes conversion of 10,800 sq. ft. of existing retail space to a 7,250 sq. ft. eight (8) lane bowling alley and a 3,550 sq. ft. restaurant with a seating capacity of one hundred sixty (160) persons. The operating hours will be 11:00am to 2:00am, seven days a week. The business will have approximately fifteen (15) employees which will work around SPRAB Report— Meeting of December 19, 2012 Class III Site Plan Modification for Downtown Bowling Page 8 three (3) shifts to accommodate lunch, dinner and late night dining and bowling. Employees will consist of bowling staff (2 persons), service staff (up to 6 persons), kitchen staff (up to 5 persons) and management (2 persons). The trash management system will include recycling and disposal in the two (2) existing dumpster locations on the property. Deliveries will be made to the existing loading zone on the north side of the building. The proposed restaurant will utilize existing can wash areas on the south side of the property. Similarly, existing grease trap and piped gas services are located behind the building to the east. Existing HVAC systems are in place, however, a new hood ventilation system will be installed above the kitchen as indicated on the proposed plans. Currently, existing glass surface area along south and west elevations are proposed to be removed and replaced with opaque building material. The percent transparency area is being reduced, thus increasing an existing nonconformity. This is not allowed and a waiver has been requested. Similarly, a site data chart or plan notations shall clearly indicate the existing and proposed percentages of glass area on each elevation (i.e. north, south, east and west). Staff supports the requested waiver and recommends approval. Downtown Bowling will utilize the existing parking bank (22 spaces) to accommodate the proposed conversion of use which requires an additional fifteen (15) spaces. However, should the owner (Ocean City Properties, Ltd.) decline utilization of any or a portion of the surplus parking spaces, then Downtown Bowling shall be subject to in -lieu parking spaces at a rate of $7,800 per space up to a total of $117,000 for fifteen (15) spaces. This is attached as a condition of conditional use approval. Compatibility needs to be enhanced thru modifications to eliminate counter and outside stools at the southwest corner of the building that put the backs of patrons to NE 2"d Avenue. Further internal modifications to the location of the bar also need to be implemented. The proposed recreational and restaurant uses are consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations and positive findings can be made with respect to Section 2.4.5(E)(5), subject to satisfaction of the conditions of approval. A. Move postponement of the Class III site plan modification for Downtown Bowling, by electing to continue with direction. B. Move approval of the Class III site plan modification for Downtown Bowling, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(F)(5), 2.4.7(8)(5) and Chapter Three of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the Class Ill site plan modification for Downtown Bowling, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(F)(5), 2.4.7(6)(5) and Chapter Three of the Land Development Regulations. STAFF RECOMMN �IDATION By Separate Motions: Waiver Request: Recommend approval to the City Commission for the waiver request to LDR Section 4.6.18 (B)(14)(iv)(2), to reduce the minimum transparency or glass surface area on the ground floor SPRAB Report — Meeting of December 19, 2012 Class III Site Plan Modification for Downtown Bowling Page 9 along NE 2"d Avenue to less than the required minimum of 75 %, due to positive findings with respect to LDR Section 2.4.5(E). Site Plan: Move approval of the Class III site plan for Downtown Bowling, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.58(5) and Chapter Three of the Land Development Regulations, subject to the following conditions: Should the current owner (Ocean City Properties Ltd.) decline future authorization for use of any or a portion of the existing parking bank (22 surplus spaces) to establish the Conditional Use for Downtown Bowling which requires fifteen (15) new parking spaces, then all or the remaining required spaces needed to meet the parking requirement (up to a total of 15 or as determined by the sq. ft. indicated for restaurant use) shall be paid by the applicant at a cost of $7,800 per in -lieu parking space totaling up to $117,000. 2. Provide a revised notarized affidavit from the owners of the 2.49 acre parcel (Ocean City Properties Ltd.) indicating acknowledgement of a surrender of development rights in association with a reduction of parking availability for future expansion to seven (7) spaces, whereas twenty -two (22) spaces would otherwise be available. 3. To reduce conflict with pedestrian traffic, the seating along the south side of the building (i.e., two adjacent tables with chairs) shall be removed from the floor plans. This was the specific request of the City Commission. Plans shall be revised to reflect the City Commission direction, prior to site plan certification. Architectural Elevations. Move approval of the Architectural Elevations for Downtown Bowling, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 4.6.18(E), subject to the following condition: A site data chart or plan notations shall clearly indicate the existing and proposed percentages of glass area on each elevation (i.e. north, south, east and west). Staff Report Prepared by: • Candi N. Jefferson, Senior Planner Attachments: • Location Map • Appendix `A" - Concurrency • Appendix T "— Standards for Site Plan Actions • Proposed Site Plan • Proposed Floor Plan • Proposed Architectural Elevations SPRAB Report — Meeting of December 19, 2012 Class III Site Plan Modification for Downtown Bowling Page 10 Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer. • Water service is existing on -site • Sewer service is existing on -site Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Streets and Traffic: The proposed conditional use allows conversion of 10,800 sq. ft. of existing retail space to a 7,250 sq. ft. eight (8) lane bowling alley and a 3,550 sq. ft. restaurant with a seating capacity of one hundred sixty (160) persons. The conversion of retail use will result in a slight decrease in trips (based on internal capture credits), and will not have a negative impact on traffic or the adjacent street network. It is noted that the project is located in the TCEA (Traffic Concurrency Exception Area) within the Central Business District (CBD). Parks and Recreation Facilities: Park dedication requirements do not apply for non - residential uses. Thus, the proposed development will not have any impact with respect to this standard. Solid Waste: The proposed bowling alley (7,250 sq. ft.) will generate 14.86 tons of solid waste per year. The proposed restaurant (3,550 sq. ft.) will generate 44.20 tons of solid waste per year for a total of 59.06 tons of solid waste per year. The existing retail use (10,800 sq. ft.) generates 55.08 tons of solid waste per year, This results in a net increase of 3.98 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2047. Schools: School Concurrency findings do not apply for non - residential uses. Thus, the proposed development will not have any impacts with respect to this standard. Drainage: Drainage is accommodated on site via an exfiltration trench system. There should be no impact on drainage as it relates to this standard. SPRAB Report — Meeting of December 19, 2012 Class III Site Plan Modification for Downtown Bowling Page 11 A. Building design, landscaping and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X _ ................. Does not meet intent B. Separation of different forms of transportation shall be encouraged This includes pedestrians, bicyclists and vehicles in a manner consistent with policies found under Objectives D -9 and D -2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B -9 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. if it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X - Subject to addressing the condition of approval. Does not meet intent SPRAB Report — Meeting of December 19, 2012 Class III Site Plan Modification for Downtown Bowling Page 12 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. if it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent L Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent . . � , . The waiver is requesting a reduction in the 75% glassltransparency requirement for the following section of the code: Pursuant to L.DR Section 4.6.18,B.14.iv.2., the minimum transparency or glass surface area on the ground floor wall area of all non- residential buildings shall be a minimum of 75% of the wall area for that elevation. All storefronts or glass areas abutting the street shall be transparent, non -solar or non - mirrored, and have a light transmission reduction of no more than twenty percent (20 %). As we have stated that our intent is to keep the existing glass openings and replace the windows to better suit our needs and enhance curb appeal. The glass block is a "dated look' and inherently lends itself as a. „busy' looking design element, According to product spec sheets by Pittsburgh Corning Glass block, the most similar patterns show a Visible Light Transmission from 38 % -75% which is more than a 20% reduction in light transmission. Below you will find the projects glass calculations existing and proposed. West Elevation of the Building (NE 2nd avenue) abutting the street. Sheet A-3 Existing glass surface area with no more than 20% red=action 195.48 sq.ft. Proposed glass surface area with no more than 20% reduction 262.21 sq.ft. Net increase of glass surface + 66.73 sq.it. The Existing glass block area does not meet the current transparency code as similar patterns show a Visible Light Transmission from 38 % -75% which is more than a 20% reduction in light transmission. The current surface of the glass block area on the Vilest Elevation is 390.96 sq.fL. We are requesting to remove this element. South Elevation of the Building (Courtyard) Sheet. -5 Existing glass surface area with no more than 20% reduction 237.12 sq.ft. Proposed glass surface area with no more than 20% reduction 208.37 sq.ft. Net reduction of glass surface - 28.75 sq.ft. The Existing glass block area does not meet the current transparency code as similar patterns show a Visible Light Transmission from 38 % -75% which is more than a 20% reduction in light transmission. The current surface of the glass block area on the South Elevation is 89.1.2 sq.ft. We are requesting to remove this element. 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The waiver is requesting a reduction in the 75% glassltransparency requirement for the following section of the code: Pursuant to L.DR Section 4.6.18,B.14.iv.2., the minimum transparency or glass surface area on the ground floor wall area of all non- residential buildings shall be a minimum of 75% of the wall area for that elevation. All storefronts or glass areas abutting the street shall be transparent, non -solar or non - mirrored, and have a light transmission reduction of no more than twenty percent (20 %). As we have stated that our intent is to keep the existing glass openings and replace the windows to better suit our needs and enhance curb appeal. The glass block is a "dated look' and inherently lends itself as a. „busy' looking design element, According to product spec sheets by Pittsburgh Corning Glass block, the most similar patterns show a Visible Light Transmission from 38 % -75% which is more than a 20% reduction in light transmission. Below you will find the projects glass calculations existing and proposed. West Elevation of the Building (NE 2nd avenue) abutting the street. Sheet A-3 Existing glass surface area with no more than 20% red=action 195.48 sq.ft. Proposed glass surface area with no more than 20% reduction 262.21 sq.ft. Net increase of glass surface + 66.73 sq.it. The Existing glass block area does not meet the current transparency code as similar patterns show a Visible Light Transmission from 38 % -75% which is more than a 20% reduction in light transmission. The current surface of the glass block area on the Vilest Elevation is 390.96 sq.fL. We are requesting to remove this element. South Elevation of the Building (Courtyard) Sheet. -5 Existing glass surface area with no more than 20% reduction 237.12 sq.ft. Proposed glass surface area with no more than 20% reduction 208.37 sq.ft. Net reduction of glass surface - 28.75 sq.ft. The Existing glass block area does not meet the current transparency code as similar patterns show a Visible Light Transmission from 38 % -75% which is more than a 20% reduction in light transmission. The current surface of the glass block area on the South Elevation is 89.1.2 sq.ft. We are requesting to remove this element. 12/1312012 Page 2 North Elevation & East Elevation of the Building Sheet A-8 & A-7 There are no changes to the elevations relating to transparency. A solid door for kitchen egress is proposed on the East Elevation. The overall. change of existing glass surface area with no more than 20% reduction is an increase of 37.98 sq.ft. of glass surface. The requested waiver is to reduce 480.08 sq.ft. of existing glass block which does not meet the current transparency code as it has a light reduction of more than twenty percent (2011/6), Thank you for your time and. assistance. Steven Dapuzzo MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: Douglas Smith, Interim City Manager DATE: January 8, 2013 SUBJECT: AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 WAIVER OF SURETY BOND REQUIREMENT: SPODAK DENTAL GROUP FACILITY ITEM BEFORE COMMISSION This item is a request from the Spodak Dental Group for a waiver of surety requirements for certain site improvements as outlined in Section 2.4.10 (A) of the City's Land Development Regulations (LDRs). The request is made as provided for in LDR Section 2.4.7 (B), Waiver Provisions. BACKGROUND The proposed Spodak Dental Group facility is located along the north side of West Atlantic Avenue, west of Homewood Blvd. and immediately west of the Delray Garden Center property. An approximate 13,000 square foot building is proposed on the two acre site with associated parking, site drainage and other infrastructure improvements necessary for site development. The developed site will be a unified facility, owned, maintained and occupied by the Spodak Dental Group with no tenant leases. Section 2.4.10 of the City's LDRs sets forth requirements for financial guarantees for construction of required improvements to service land development projects. Section 2.4.10 (A) specifies improvements requiring bonding and generally include site improvements necessary to provide adequate service regardless of whether they are public or private facilities. Section 2.4.7 sets forth the procedure for requesting general waivers from LDR requirements and conditions necessary for the granting of waivers. The project engineer's cost estimate reflects a total cost for site development of $398,258. With a bonding requirement of 110% of required improvements, the required bond amount for the project would be $438,083.80. Spodak Dental Group is requesting a waiver of bond requirements for site improvements except for water and sewer infrastructure required to provide utility service to the facility and which will be owned and maintained by the City. The justification for the request is that the site will be under unified ownership and private maintenance. Exclusive of water and sewer service, there will be no impacts to adjacent properties, no diminished provision of public facilities and no unsafe situation created should the onsite improvements not be constructed. Neither will the granting of the requested waiver constitute the grant of a special privilege. The waiver requests that the bond requirement be restricted to water and sewer improvements only, resulting in a bondable improvement value of $15,395, and a required bond amount of $16,934.50. Staff has reviewed the request and agrees that the justification presented meets the requirements of Section 2.4.7(B)(5), Findings, necessary to grant this request. Staff recommends that approval of this request include the condition that no Certificate of Occupancy, temporary or permanent, for the proposed facility be issued prior to completion of construction of all required site improvements and certification of such completion issued by the City. RECOMMENDATION Staff recommends approval of a waiver request to reduce site bonding requirements for the Spodak Dental Group facility to 110% of the value of water and sewer infrastructure with the condition that no Certificate of Occupancy be issued in any form for the facility prior to completion and certification of all required site improvements. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FROM THE SPODAK DENTAL GROUP RELATING TO THE SURETY BOND REQUIREMENTS FOR THE SPODAK DENTAL GROUP FACILITY LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE, WEST OF HOMEWOOD BOULEVARD AND IMMEDIATELY WEST OF THE DELRAY GARDEN CENTER 1. This waiver request to waive the surety requirements for the Spodak Dental Group came before the City Commission on January 15, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the surety bond requirements. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to the Surety Bond Requirements for Construction of Required Improvements to Service Land Development Projects: LDR Section 2.4.10(A) requires that a surety bond or other equivalent security instrument be provided for all site improvements to guarantee their installation and proper function. Does the waiver request meet all the requirements of 2.4.7(B)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver requests to LDR Section 2.4.10(A). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 15th day of January, 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 2 Thomas F. Carney, Jr., Mayor Preventive, Restorative and Cosmetic Dentistry Sp dak January 7, 2013 DEDICATED TO YOUR SMILE Richard Hasko Director EuEIVE Environmental Services E . ' City of Delray Beach Delray Beach, FI 33445 J JAN o 7 2013 D RE: Request for Waiver Dear Mr. Hasko: This Surety Bond regards the new Spodak Dental Group facility which is to be constructed at 3911 West Atlantic Avenue, Delray Beach, FL 33445 this year. The initial Surety Bond estimate, based upon the Engineer's Estimate of Cost developed by EnviroDesign Associates, Inc. (see attached) was $438,083.80. We respectfully request that the City Commission of the City of Delray Beach consider reducing this Surety Bond at its January 15, 2013 session to that amount which applies to the water and sewer costs oniv. Our request for this waiver from the surety requirements is in accordance with, and as defined in LOR Section 2.4.10 (A) except for water and sewer improvements. We request this waiver based upon the fact that water and sewer improvements are the only site infrastructure that will be owned and maintained by the City, with all other improvements remaining under our ownership and maintenance responsibility. We understand and agree that the City will not issue a Certificate of Occupancy for the development prior to construction and approval of all site improvements. There will be no transfer of any part of the property to third parties and, therefore, there is no risk to either the city or the public should the unbonded improvements not be completed. In light of the foregoing statements, granting the requested waiver will not: A. Adversely affect the neighboring areas B. Significantly diminish the provision of public facilities C. Create an unsafe situation D. Result in the grant of a special privilege. Per the attached cost estimate, the required bond amount for water and sewer improvements only will be $16,934.50, calculated as follows: Total water system cost $ 6,525.00 Total sewer system cost $ 8,870.00 Total bonded improvement cost $15,395.00 Required Bond amount at 110% $16,934.50 Attached to this waiver request is our payment to the City of Delray Beach in the amount of $280, as required. We thank you and the City Commission for your consideration of this waiver request. Ince ely, Dr. Craig Spodak 4665 West Atlantic Avenue Delray Beach Florida 3344.E 561.498M,50 561 ,498.0841 www.spodakdontal.com SECTION 2.4.9 (D) (D) Recording Other Documents: Whenever documents are to be recorded as a condition of approval, the applicant is responsible for recordation and providing certified copies of the recorded document to the City Clerk in a number as prescribed by the Clerk. Recordation of official City documents (e.g. a Resolution of Abandonment of an Easement) shall be made under the auspices of the City Clerk. [Amd. Ord. 46 -95 9/5195] Section 2.4.10 Financial Guarantees: This Section sets forth the parameters and procedure associated with providing a financial guarantee to insure the timely and proper installation of public improvements which are required to support the proposed development. (A) Items which Re uire a Financial Guarantee: Any improvement for which the City will assume responsibility or which is necessary to adequately provide service to, or on, a site shall have provisions for guaranteeing its installation and that it properly functions. Such improvements include, but are not limited to: • Water mains and fire hydrants • Sewer mains and lift stations • Drainage systems whether publicly or privately maintained Street improvements whether on public or private street systems • Street lighting • Traffic signal installation • Any improvement which is to be located in a public right -of -way • Street trees • Landscaping pursuant to Subsection (G) (B) Required In -lieu of Improvements., A financial guarantee may be provided in- lieu of installation of infrastructure improvements in situations where a developer desires to have a final plat recorded or a site plan certified prior to installation of such improvements. Such financial guarantee must be provided to the City Engineer, in a proper form (Subdivision Forms), prior to the City Engineer releasing an approved plat for recording or prior to the City Engineer releasing a certified site plan to the Building Department pursuant to the building permit approval process. [Amd. Ord. 46 -95 915195] Re aired for Warranty: between the a rranty: A financial guarantee shall be required as a part of an City and the developer to defray all expenses incurred by the City because of defects in materials or workmanship used in the required improvements. The guarantee shall be for a minimum period of one year after acceptance of the improvement. j172.40(B)(3)] 2.4-90 SECTION 2.4.10 (D) (D) Amount: The amount of a financial guarantee required in -lieu of improvements shall be equal to 110% of the cost of the improvements as estimated by the developer and concurred with by the City Engineer. A financial guarantee for a warranty not associated with an in -lieu situation shall be for 10% of the cost of original installation. (E) Forms: A financial guarantee may take any of the following forms. However, each individual document must be approved by the City Attorney as to form. (1) Surety Bond, or other equivalent security instrument, conditioned to secure the construction of the required improvements in a satisfactory manner within a one year time period. The bond shall be executed by a surety company authorized to do business in Palm Beach County. No such bond shall be acceptable unless it is enforceable by, or payable to, the City. The surety bond shall be in the form provided in the Subdivision Forms. [Amd. Ord. 46 -95 915195] (2) Deposit with the City in the form of cash, cash placed in escrow, a cashier's check, or a certified check. (3) Letter of Credit established with a financial institution wherein the City has access to funds in the event it becomes necessary for the City to complete installation and/or maintenance of the improvements. the letter of credit shall be in the form provided in the Subdivision Forms. [Amd. Ord. 4695 915195] (F) Release of Funds: The City Engineer shall release all funds at the time of acceptance of improvements with the exception of an amount of 10% which shall be retained for a period of one year after acceptance of all improvements. This amount may be used by the City if it becomes necessary to provide for the repair or maintenance of the improvement within that one year period. Upon request and at the time of acceptance of a specific improvement, the City Engineer may release any funds which are provided by deposit or letter of credit to the extent that they were provided for the improvement being accepted. (G) Landscaping Bond_: (1) If the landscaping requirements of this Section have not been met at the time that a Certificate of Occupancy could be granted and is requested, the owner or his agent must post with the Building Department a bond of one hundred and ten percent (110 %) covering the costs of materials, labor and other costs incidental to the installation of the required landscaping. (2) A landscape bond will only be accepted in extreme hardships where the landscape plant materials are not available due to drought or freeze, or similar conditions occur that would warrant acceptance of the bond as determined by the Chief Building Official. 2.4-91 SECTION 2.4.11 Section 2.4.91 Developer's Agreements: [Amd. Ord. 12 -07 3120107] Developer's Agreements shall be allowed if the City determines in its sole and absolute discretion that entering into such an agreement is in the best interests of the city. All Developer's Agreements shall conform to the provisions set forth in Florida Statutes §§ 163.3220 through 163.3243. 2.4-92 SECTION 2.4.7 (B) (B) Waivers: A waiver involves the granting of partial or total relief from a specific development regulation. (1) Rule: (a) General: A waiver may be granted to the procedural and substantive provisions of these regulations. A waiver may be granted only for those substantive items within these regulations for which such provision is made. A waiver to substantive provisions may be granted only by the Board or body which has the authority to approve or deny the related development application. (b) Special Power to the CitV Commission: Notwithstanding, the City Commission may grant a waiver to any provision of these regulations when there is no other avenue for relief available in these regulations. However, waivers shall not be considered with respect to: (i) Matters which pertain to the use of land or structures; (ii) A requirement for a public hearing or providing notice that an item will be considered by a development board; (iii) A regulation for which it is stated that there shall be no waiver and/or variance provided. (2) Required Information: The following information including the appropriate processing fee must be provided in order for a waiver to be considered: [Amd. Ord. 5097 11118197] A formal letter of request within which the regulation which is to be waived, with reference to section number, is described along with justification for granting the waiver. (3) Procedure: A request for waiver may be considered concurrently with the development application with which it is associated. if a waiver request is made after review by an advisory body has been completed, the waiver request must first be reviewed by that body prior to action by the approving body, (4) Conditions: Conditions may be imposed upon the granting of a waiver to the extent that they are directly related to mitigating any adverse effect which may be created by the waiver of a specific development regulation. (5) Findings: Prior to granting a waiver, the granting body shall make findings that the granting of the waiver: (a) Shall not adversely affect the neighboring area; 2.4-77 SECTION 2.4.7 (B) (5) (b) (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. (C) Internal Adjustments: An adjustment involves the lessening, or a total waiver, of those development standards which affect the spatial relationship among improvements on the land. (1) Rule: An adjustment shall only be considered during the site and development plan review process and shall be only for requirements which do not pertain to, or affect, standards that apply to the perimeter of an overall development proposal (plan). An adjustment may be granted by the body or board which is empowered to approve or deny the site and development plan. (2) Required Information: The following information including the appropriate processing fee must be provided in order for an adjustment to be considered: [Amd. Ord. 50 -97 11118197] A formal letter of request within which the affected regulations, with reference to section number, are described along with justification for granting of the adjustment. (3) Procedure: A request for adjustment shall be considered concurrently with the development application with which it is associated. If a request is made after review by an advisory body has been completed, the request must first be reviewed by that body prior to action by the approving body. (4) Conditions: Conditions are not appropriate to the granting of an adjustment because the basis for granting the adjustment is that it provides a superior product than if the project were to comply with the letter of the regulations. (5) Findings: Concurrent with granting relief from a development standard or regulation, the granting body must find that such relief does not diminish the practical application of the affected regulation (requirement) and that by granting such relief a superior development product will result. (D) Administrative Relief: Administrative relief is the method whereby relief is granted from development regulations by an administrative official. 2.4-78 ENGINEER'S OPINION OF COST* SPODAK DENTAL GROUP Developer: Radiant Enterprises, LLC Engineering Firm: EnviroDesign Associates, Inc. 0:12011`11036- Spodak Engineedngt1103&- Cost )ds Printed 11712013 Page 1 of 8 ENGINEER'S OPINION OF COST* . WAT ft UNIT ESTIMATED Urtrt` EXTEkDED FINAL CITY MAIM EXiEtJDt"D: ..... QUANTITY Prtce COST :. QUANTITY 41NEQ " ..> Q UANiITI' CBT E ..... 14 2" DIP W.M. LF $0.00 0 0 $0.00 15 3" DIP W.M. LF $0.00 0 0 $0,00 16 4" DIP W.M. LF $0.00 0 0 $0.00 17 6" DIP W.M. LF $0.00 0 0 $0.00 18 8" DIP W.M. LF 90 $35.00 $3,150.00 0 0 $0.00 18 10" DIP W.M. LF $0.00 0 0 $0.00 20 2"C-900 PVC W.M. LF $0.00 0 0 $0.00 21 VC-900 PVC W.M. LF $0.00 0 0 $0.00 22 6"C-900 PVC W.M. LF $0.00 0 0 $0.00 23 8" C -900 PVC W.M. LF $0.00 0 0 $0.00 24 10" C-900 PVC W.M. LF $0.00 0 0 $0.00 25 6"x 6" T.S. & Valve EA $0.00 0 0 $0.00 26 8" x 6" T.S. & Valve EA $0.00 0 0 $0.00 27 8" x 8" T.S. & Valve EA 1 $1,250.00 $1,250,00 0 0 $0.00 28 10" x 6" T.S. & Valve EA $0.00 0 0 $0.00 29 1o" x 8" T.S. & Valve EA $0.00 0 0 $0.00 30 12" x 8" T.S. & Valve EA $0.00 0 0 $0.00 31 2" Gate Valve EA $0.00 0 0 $0.00 32 3" Gate Valve EA $0.00 0 0 $0.00 33 4" Gate Valve EA $0.00 0 0 $0.00 34 6" Gate Valve EA $0.00 0 0 $0.00 35 8" Gate Valve EA 1 $350.00 $350.00 0 0 $0.00 36 10" Gate Valve EA $0.00 0 0 $0.00 37 4" Line Stop EA $0.00 0 0 $0.00 38 6" Line Stop EA $0.00 0 0 $0.00 39 8" Line Stop EA $0.00 0 0 $0.00 40 10" Line Stop EA $0.00 0 0 $0.00 41 Fire Hydrant Assembly EA $0.00 0 0 $0.00 42 2" Jumper Connection EA $0.00 0 0 $0.00 43 Relocate Ex, Fife Hydrant EA $0.00 0 44 Fill & Flush Assemt4y EA $0.00 0 45 Pigging Wyes EA $0.00 0 0 $0.00 46 Sample point EA $0.00 0 47 Testing LS 1 $500.00 $500.00 0 48 Meier Box EA 1 $275.00 $275.00 0 0 0:12011111036 - Spodak Englnearing111036- Cost.xls Printed 1!712013 Page 2 of 8 ENGINEER'S OPINION OF COST* 49 Meter Vault EA 0 0 $0.00 5o 314" Single Water Service, Short EA 0 0 $0.00 51 1" Single Water Service, Short EA 0 0 $0.00 52 314" Single Water Service, Long EA a 0 $0.00 53 1" Single Water Service, Long EA 0 0 $0.00 54 1 112" Single Water Service EA 0 0 $0.00 55 2" Single Water Service EA 1 $750.00 $750.00 66 314" Double Water Service EA 0 0 $0.00 57 1" Double Water Service EA 0 0 $0.00 58 8" Meter EA 0 0 $0.00 59 6" Meter EA 0 0 $0.00 60 4" Meter EA 0 0 $0.00 61 2" Meter EA $0,00 62 Connect to Existing WM . EA 1 $250.00 $250.00 63 Remove /Abandon Existing Water Main LS $0.00 84 Fittings TN $0,00 65 $0.00 66 $0.00 07 $om 68 $0.00 69 $0.00 70 71 $0.90 72 01201 111 1 036 - Spodak Engineeringll1036- Cost,)ds Printed IM2013 0 0 $0.00 0 0 $9.00 0 0 $0.00 0 0 $9.09 0 0 $0.00 0 0 $0.00 0 0 $0.00 a 0 $0.00 0 0 $0.00 0 0 $0.00 0 0 $0.00 0 0 $0.00 0 0 $0.00 0 0 0 0 $0.00 0 0 $0.00 0 0 $0.00 0 0 $0.00 0 0 $0.00 0 0 $0.00 0 0 $0.00 0 0 $0.00 0 0 $0.00 WATER SUB -TOTAL $6,526.00 $0.00 Page 3 of 8 ENGINEER'S OPINION OF COST* ; ENGI_NEEWS ESTIMATE.', , S BUILTS, SEWER ESTIMATED ' ' Unit El(TENOEI] FINAL" CITY EXTENDED UNIT QUANTITY Price 00$t QUANTITY QUANTITY c98T 73 6 "SDR 35 Sanitary Sewer Pipe LF 110 $25.00 $2,750.00 0 0 $0.00 74 8" SDR 35 Sanitary Sewer Pipe (0' -61 LF $0,00 0 0 $0.00 75 8" SDR 35 Sanitary Sewer Pipe (6' -8') LF 52 $35.00 $1,820.00 0 0 $0.00 76 8" SDR 35 Sanitary Sewer pipe (8' -10') LF $0.00 0 0 $0.00 77 8" SDR 35 Sanitary Sewer Pipe (10' -12') LF $0.00 0 0 $0,00 78 10" SDR 35 Sanitary Sewer Pipe (0' -8) LF $0.00 0 0 $0.00 79 10" SDR 35 Sanitary Sewer Pipe (6' -8j LF $0.00 0 0 $0.00 80 10" SDR 35 Sanitary Sewer Pipe (8' -10) LF $0.00 0 0 $0.00 81 10" SDR 35 Sanitary Sewer Pipe (10' -12'} LF $0,00 0 0 $0.00 82 Manhole (0' -6') EA 1 $2,500.00 $2,500.00 0 0 $0.00 83 Manhole (6' -8') EA $0.00 0 0 $0.00 B4 Manhole (8' -10') EA $0,00 0 0 $0.00 85 Manhole (10' -12) EA $0.00 0 0 $0,00 86 Manhole Outside Drop EA $0.00 0 0 $0,00 87 Core E)dstfng MH EA 1 $750.00 $750.00 0 0 88 Raise Exalting MH Ring & Cover EA $0.00 S9 6" PVC Lateral - Single Service wl Clean -out EA $0,00 0 90 6" PVC Lateral - Double Service w1 Clean- out(s) EA $0.00 0 0 91 Connect to Existing MH EA $0.00 92 TV Inspection LF $0.00 0 33 Sanitary Sewer Lfft Station LS $0.00 0 0 $0.00 94 2" Force Main LF $0,00 0 0 $0.00 85 4" Force Main LF $0,00 0 0 $0.00 96 6" Force Main LF $0.00 0 0 $0.00 97 8" Force Main LF $0.00 0 0 $0.00 98 2" Plug Valve EA $0.00 0 0 $0.00 99 4" Plug Valve EA $0.00 0 0 $0.00 100 6" Plug Valve 1--A $0.00 0 0 $0.00 101 8" Plug Valve EA $0.00 0 0 $0,00 102 4" Clean Out EA $0.00 0 0 $0.00 103 6" Clean Out EA 3 $350.00 $1,050.00 0 0 $0.00 104 Cut -in New MH EA $0.00 0 0 $0.00 105 $0.00 0 0 $0,00 108 $0.00 0 0 $0,00 107 $0.00 0 0 $0.00 108 $0.00 0 0 $0.00 109 $0.00 0 0 $0.00 110 $0.00 0 0 $0.00 111 $0.00 0 0 30.00 SEWER SUB -TOTAL $8,870.00 $0.00 0:12 0 1 111 1 0 38- Spodak Engineering111036- Cost.)ds Printed 1/7/2013 Page 4 of 8 ENGINEER'S OPINION OF COST* 0:2011111036- Spodak Engineering111038- Cost.) #s Printed 117/2013 Page 5 of 8 ENGINE E „ti'S ESTIMATE "* L1$•BUfLTS " "" CITY-EXTENDED PAVING ESTIMATED Unit:- EXTENDED FINAL UN #T,; MAINTAINED #QUANTITY _ Price_ �t'id$ •_.- QUANTITY - COST OUANT1W 112 Remove and Dispose of Ex. Pavement Section SY 70 $10.00 $700.00 0 113 1 -112" Type S -3 Asphalt SY 160 $19.50 $3,120.00 0 0 $0.00 114 1 -1/2" SP 12.5 SY $0.00 0 0 $0.00 115 1" Type S -3 Asphalt Overlay SY $0.00 0 0 $0.00 118 2" Friction Course 12.5 SY $0.00 0 0 $0.00 117 8" Llmerock BaseWlPrlme Coat SY $0.00 0 0 $0.00 118 12" Limerock Base W /Prime Coat SY $0.00 0 0 $0.00 119 15" Urnerock Base W /Prime Coat SY 170 $30.00 $5,100.00 0 0 $0.00 120 12" Compacted Subgrade SY 4900 $3.00 $14,700.00 0 0 $0.00 121 Roadway Reconstruction SY $0.00 0 0 $0000 122 Mill Ex. Asphalt SY 150.00 0 123 Open Cut Pavement Asphalt Trench Repair SY 40 $50.00 $2,000.00 0 124 Concrete Curb and Gutter FDOT Type "B" LF $0.00 0 0 $0,00 125 Concrete Curb and Gutter FDOT Type "D" LF 1678 $13.50 $22,653.00 0 0 $0.00 126 Concrete Curb and Gutter FDOT Type "F" LF $0.00 0 0 $0.00 127 Concrete Curb and Gutter FDOT Type "E" LF $0.00 0 0 $0.00 128 Valley Gutter LF $0.00 0 0 $0.00 129 Header Curb LF $0.00 0 0 $0.00 130 Shoulder Restoration LF $0.00 0 131 Asphalt Drive Apron wt Base SF $0.00 0 0 $0.00 132 Concrete Drive Apron (6" thick) SF $0,00 0 0 $0.00 133 Remove and Reinstall Brick Paver Drive SF $0.00 0 134 Saw -Cut l Scored Joints at Ex. Conc. Drive LF $0.00 0 135 Concrete Sidewalk (4" thick) SY 550 $25.00 $13,750.00 0 0 $0.00 138 Concrete Sidewalk (6" thick, V wide) LF $0.00 0 0 $0.00 137 Concrete Sidewalk (4" thick, a 5' wide) LF $0.00 0 0 $0.00 138 Concrete Sidewalk (6" thick, > 5' wide) LF $0.00 0 0 $0.00 139 Concrete Island SY $0.00 0 0 $0.00 140 Speed Table EA 0 0 $0.00 141 intersection Narrowing EA E::A 0 0:2011111036- Spodak Engineering111038- Cost.) #s Printed 117/2013 Page 5 of 8 ENGINEER'S OPINION OF COST* 142 Roundabout EA 0 0 50.00 143 Blue RPMs FA 0 0 $0.00 144 Temporary Paint Striping LS 0 0 $0.00 145 Pavement Markings - 4" Double Yellow LF 0 0 $0.00 146 Pavement Markings - Cross -walk EA 0 0 $0.00 1.47 Pavement Markings - Stop Conditions EA 0 0 $0.00 148 Pavement Marking & Sig nage LS 1 $3,500.00 $3,500.00 148 Roadway Signage LS 0 0 $0.00 150 Paver Brick Sidewalk SY $0.00 151 Permeable Pavers SY $0.00 152 2' Deep #8 Bedding Aggregate SY $0.00 163 4" Deep #57 Stone Base SY $0.00 154 6' deep #2 Stone Subbase SY $0.00 155 Concrete Paving (6" Thick) SY 4705 $27.00 $127,035.00 156 $0.00 157 54.00 1581 1 0 0 $0.00 0 0 $0.00 0 0 0 $0.00 0 0 $0.00 0 0 $0.00 0 0 $0.00 0 0 $0.00 0 0 $0.00 0 0 $0.00 0 0 $0.00 0 0 $0.00 0 0 $0.00 0 0 $0.00 0 0 $0.00 0 0 $0.00 0 0 $0.00 PAVING SUB -TOTAL $192,668.00 $0.00 0:\201 111 1 036- Spodek Engineering111036- Cost.xls Printed 1!712013 Page 6 of 8 ENGINEER'S OPINION OF COST* 0;\201 111 1 0 36 - Spodak Engineering111036- Cost.xis Printed 11712013 Page 7 of 8 ENGINEER'S ESTIMATE "` _ +4S- BUILTS " -•• ; 1 pRAINAGE ESTIMATED Unit UNIT Price EXTENDED FINAL__EXTENDHD OUAN,TITY COST QUAFlTITY' QUANTt7Y� . _COST - 159 Swale Grading & Sodding SY $0,00 0 160 Drainage Type "C" Inlet w1 Casting EA 3 $1,900.00 $17,100.00 0 0 $0,00 161 Drainage Type "E' Inlet wl Casting EA $0.00 0 0 $0.00 162 18" RCP LF $0.00 0 0 $0.00 163 15" RCP LF $0.00 0 0 $0.00 164 15" CRAP LF $0.00 0 0 $0.00 165 Drainage Manhole EA $0.00 0 0 $0.00 166 Concrete Inlet Aprons EA $0.00 0 0 $0.00 167 ConcreteCo#ar EA $0.00 0 1 0 $0.00 168 Relocate Existing Catch Basin EA $0.00 0 169 Convert Existing Catch Basin to Manhole EA $0.00 0 170 Remove Existing Drainage Structure EA $0.00 0 171 Adjust Rim to Grade EA $0.00 0 172 Modify Inlet Top EA $0.00 0 173 Drainage Structure wl Weir EA $0.00 0 0 $0.00 174 Modify Weir Structures EA $0.00 0 176 HDPE 12" LF $0.00 0 0 $0.00 176 HDPE 15' LF $0.00 0 0 $0.00 177 HDPE 18" LF 283 $35.00 $9,905.00 0 0 $0.00 178 PERF HDPE WIN V X 4' Rock Trench LF 120 $100.00 $12,000.00 0 179 Trench Drain LF $0.00 0 Storm7ech Vault System LS 1 $141,000.00 $141,000.00 118o 0 181 8' SDR 35 PVC LF 165 $30,00 $4,950.00 0 182 $0.00 0 183 $0.00 0 0 $0.00 184 $0.00 0 0 $0.00 185 $0.00 0 0 $0.00 186 $0.00 0 0 $0.00 187 $0.00 0 0 $0.00 $184,955.00 $100 0;\201 111 1 0 36 - Spodak Engineering111036- Cost.xis Printed 11712013 Page 7 of 8 4 Lim Iki1*1Z WK67 :2IkiI Z,KOIZ*16111W MISC. SUBTOTAL $0.00 $0.00 Notes: • Enginears Opinion of Cost must ba signed and sealed by a Florida registered Engineer. The columns under the Engineer's Estimate section needs to be completed in order to process the surety bond. Final Quantity needs to be taken from as -built drawings. City Maintained Quantity is the now assets to be maintained by City and the quantity used to obtain the Extended Cost in the As -Built section. The columns under the As -Built section needs to be completed as pars of the project close -out process. , %a rN N a n 1h .F Item No. and line descriptions are fixed fields in our database. Please do not change fine no. or descriptions, there are blank lines in each section. If their Isn't sufficient blank lines consolidate non City maintained items. 2093 0:\20i 111 1 0 36- Spodek Engineeringli 1036- Costxls Printed 1/7/2013 Page 8 of 8 a Q 2 O F Q U O J CL =Ma a' MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director of Planning and Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: January 11, 2013 SUBJECT: AGENDA ITEM 10.E. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 SCOPE OF SERVICES/ COASTAL PLANNING & ENGINEERING, INC.: HURRICANE SANDY SAND DUNE REPAIR ITEM BEFORE COMMISSION This proposal is for Hurricane Sandy Sand Dune Repair scope of work which will include design surveys, dune repair design, regulatory approval processes, any related meetings on borrow area utilization, preparation of plans and specs, bidding assistance and construction observation. The attached scope of work outlines the personnel that will be utilized for these tasks and estimated hours and related fee schedules. The tasks are explained in detail in the attached correspondence from Coastal Planning and Engineering, Inc. The proposed fee for this task is not to exceed $37,521.50. FUNDING SOURCE Funds for this item will be available in the Beach Restoration Fund account number 332- 4164 -572- 31.30 after a budget transfer is made. RECOMMENDATION By motion, approve authorization for Coastal Planning & Engineering, Inc. to proceed with the Hurricane Sandy Sand Dune Repair scope of services. 148272 January 11, 2013 Paul Dorling Director of Planning & Zoning City of Delray .Beach 100 NW 1,1 Avenue De tray Beach, FL 33444 Re: Scope of Services for Hurricane Sandy Sand Dune Repair Dear Mr. Dorling: This is a scope of services to assist the City with repair of the sand dune at the north end of the City. The sand dune was damaged by Hurricane Sandy and has been severely scarped. The proposed repair would include placement of sand on the seaward dune face with a maximum 1;5 slope in order to repair the eroded dune. We have met with a representative of the Florida Department of Environmental Protection (FDEP) and determined that an emergency permit may be issued for the dune repair project. The emergency permit will allow for the placement of a maximum of 1,500 cubic yards of sediment to repair the dunes. The repair would be allowed for a distance of approximately 600 feet, the northernmost 100 feet of the public beach and 500 feet fronting the beach north of the City public beach. The emergency permit will require that the toe of the repair come no closer than 10 feet from the existing mean high water line. The sediment source for the project is in question. There is a potential for use of sediment from the offshore borrow area for the beach renourishment project which is to commence next month. The second potential source of sediment is inland sources which have previously been approved by the FDEP, A part of the scope of services will be to consult with the FDEP to determine if the offshore borrow area sediment may be used for the dune repair. The scope of services the following general services: 1. Design Survey A survey will be conducted of the damaged dune area which would be allowed for repair by the FDEP. The survey will be of the dry beach area starting a few feet behind the dune scarp and extending seaward beyond the existing mean high water line. The survey will provide the profile of the beach and the location of the mean high water line at 100 feet intervals. The survey results will allow for the design of the dune repair. 2. Dune Repair Dcsign: Utilizing the survey results, repair profiles will be prepared which will provide the repair section template. The repair profile will be developed at 100 feet intervals through the dune repair project area. 3. &Zidatory.A pproyal: We will worl� with the FDEP to secure the emergency perrnit and meet the reporting requirements of the emergency field permit issued by the FDEP. It is anticipated that no permit will be required from the U.S. Army Corps of Engineers (USACE) and no other regulatory approvals will be required for the dune repair project. 4. FDEP Borrow Area Meeting: The City wishes to utilize the borrow area permitted by the FDEP for the 2013 beach nourishment project which is scheduled to commence in February. In order to use this sediment source for the dune repair, we will have to receive approval from the FDEP. We will prepare for, and attend a meeting in Tallahassee with the FDEP. It is our understanding that the approved use of the borrow area can be. incorporated 2481 NW BOCA RATON BOULEVARD, BOCA RATON, FL 33431 551.391.8102 • FAX 561.391.9116 • COASTAL PLANNING & ENGINEERING, INC., A SHAW GROUP COMPANY into the emergency permit. It is assumed that the permit for the 2013 beach renourishment project will not require modification and modification of the beach renourishment permit is not included in the scope of services. 5. Plans and Specifications: We will develop dune repair cross sections and specifications to be provided to the selected contractor for restoration of the dunes. We will also indicate where ingress and egress may be provided for the contractor equipment to conduct the project. 6. Bidding .Assistance: We will assist the Gity in the selection of a contractor to place the sediment in the dune. If the offshore borrow area is used, it will be a trucking contractor who will truck the sand down the beach and place it in the dune in the appropriate configuration. If it is an inland source we will work with the contractor to acquire F'DEP approved sediment from an inland source, with trucking to the beach and placement in the eroded dune line meeting the project plans and specifications. 7. Construction Observation: We will periodically observe the work being conducted to repair the dune. Observation reports will be developed to document the construction activities. 8. Project Certification: Based on emergency permit requirements, we will provide certification that the dune was repaired in compliance with the FDEP emergency permit. Summary The proposed scope of services covers the anticipated engineering services based on our understanding of the project at this time. Included are all of the anticipated services required for complete engineering services to repair the dune in the northern portion of DelrayBeach. The fee to provide the services in the proposal is $37,521.50. If you should have any questions, please call me. Sincerely, COAS)I P N & VEERING, INC. Richard H S P adoni Executive Director cc: Tom Pierro, P.E., CPE Michelle Rees, CPE Jeff Andrews, PSM, CPE Debbie Neese, CPI; 2481 NW BOCA RATON BOULEVARD, BOCA RATON, FL 33431 561.391.8102 • FAX 561.391.911E • COASTAL PLANNING & ENGINEERING, INC., A SHAW GROUP COMPANY CITY OF DELRAY BEACH, FL FEE PROPOSAL FOR HURRICANE SANDY SAND DUNE REPAIR January 11, 2013 PREPARED BY: EMMS w 0 LL VJ 0 CL 0 Ix CL w W LL Ti LU w w z ML vi z LLI z ELF C 2 IL 2 u C 2 U) 0 0 a. Q w 0 0 w 0- L c c L f C) ull C* LO La 0 0 w 04 t- co to m o 4* 4f7 GF.* 40 41* 43 I 49 to It LU (to m cn 0 0 LO N 6% ld� Oa 6% 6q 69. w LU 3 0 cic LU 0 Cs CD 0 w CL 0 C) 0 0 0 0 W LO 44 U), 6% 6'r (0 611� 6rf U) 44 Lid Iq 9 q q q 0 ch h (3i N Lri LO (v V) LO 0 0 a 4 co < 0 r- r- il- 0 �r ras ,i 69 C6 Or N 611, 11 69, Vil iA 'd Ot ,:- LAI Vf z w z Lu z 0 LU —0 < Q z g < 0 0 LU > U) W a- X < 0 iz Ill 0 0 P a. w w co 0 U- Lr. w CL Q a. 0 0 0 ul in e UJ n LU W < z z 5 0 w 0 Z D 0 m 0 2 M 1-- 0 -1) (L Z M U) W- UJ z CL a CL 0 LL 0 N 0 La w f� co 01) CITY OF DELRAY BEACH FIFTH RENOURISHMENT PROJECT FEE PROPOSAL FOR CONSTRUCTION ADMINISTRATION AND ENGINEERING, POST -CON ENGINEERING REPORT, PHYSICAL AND ENVIRONMENTAL MONITORING LABOR, EQUIPMENT & DIRECT COST RATES PREPARED BY: COASTAL PLANNING & ENGINEERING, INC. LABOR RATES (HOURLY) ,January 1, 2012 to December 31, 2012 Princi al Engineer $215 Expert Witness (Testimony) $300 Project Manager $185 Senior Coastal Engineer $155 Coastal Engineer $120 Professional Surveyor & Mapper $155 Project Surveyor $110 Surve or $95 Survev Technician $82 Boat Captain $85 Senior Marine Biologist $135 Project Biologist $120 Professional Geologist.. $135 Project Geologist........ $125 Geologist 100 Senior CAC? Operator $100 CAD Operator $85 GIS Operator $90 Bookkeeper $74 Clerical $68 EQUIPMENT RATES DAILY Survey Boat 24' $790 Truck Road Use per mile $0,50 RTK GPS $495 GPS Inte rated Underwater Video Camera $435 SCUBA Tanks Nitrox $19 Dive E ui ment and Insurance $75 Heave, Pitch & Roll Compensator $215 Speed of Sound Velocity Meter $63 H acklpred ePack Navigation System $260 Odom H drotrack Sounder $165 X -Star Chir 512i Seismic Profiling System $1,150 Seismic Profiler Thermal Printer $130 Ed etech 4200 FS Sidescan Sonar System $695 Geometric G -881 Magnetometer $215 Enclosed 18' Trailer $78 Nikon Level/Tripod/Rod/Tide Stilling Well $65 .Digital Camera $10 John peer Gator 105 Sonar Wizard Map Seismic Data Processing Packa e $155 DIRECT C05rS - Actual Cost plus. 10% Actual Cost plus 10% 1.10 MO. 'le, a� -i w z o q � CL d U. LU U. 0 ed w C3 � x 0 C: (D CL 0 LU LJ LU z IL -uc D 0 (D Q� CL LO T- U) (1) m 0 —j LL w 0 u LU LL R 2 LU M UJ LL LL 0 0 0 W O. UJ w tu C z LL Z 5 2 < U) 2 z F u 0 L. LU z z w z! 0 � uj z uj w .n 0 C: (D CL 0 LU LJ LU z IL -uc D 0 (D Q� CL LO T- C) U-) to% II Ni U) (1) m 0 z w 0 00 00 zi 0i uj. ui La z >! w z! 0 � uj z uj w .n >! C) U-) to% II Ni C) 11 0 0 00 C) 69- r 6,). LO 6q- 0 Q') to CD tp* 0LO 8 CD LO LO Ci U) (1) m 0 0)(0 w 0 00 00 0 z w 0 uj w .n >! 0 LU lz wl lu ol aj i i 01 i 1xW. 0 U ol z o a. i Uj I ; B w ca! 1XI U.1 a. C) 11 0 0 00 C) 69- r 6,). LO 6q- 0 Q') to CD tp* 0LO 8 CD LO LO Ci U) (1) m 0 0)(0 w 0 00 00 0 uj uj uj .n MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services THROUGH: Douglas E. Smith, Interim City Manager DATE: January 8, 2013 SUBJECT: AGENDA ITEM 10.F. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 BID AWARD/ INNOVATIVE METERING SOLUTIONS. INC. ITEM BEFORE COMMISSION Request an award to Innovative Metering Solutions, Inc. as the lowest responsive bidder for the Meter Replacement and Advanced Metering Infrastructure (AMI) project, P/N 2012 -013. The award is based on the entire cost of the project over five years (totaling $5,145,955.70), with the initial implementation phase (a phase per year) estimated at $1,758,082.55. BACKGROUND The advanced metering infrastructure (AMI) /automatic meter reading (AMR) study and system evaluation was completed in December 2011. The consultant (Mathews Consulting, Inc.) presented their conclusions and provided recommendations regarding future strategic planning at the February 14, 2012 Commission Workshop. The consensus from Commission was favorable for proceeding with our water meter replacement program utilizing the latest in AMI technology for system replacement. Mathews Consulting, Inc. was awarded services in developing detailed bid documents and providing bidding assistance for implementing the water meter replacement program. Two sets of bid documents are to be developed. One package (Contract 1) is for the procurement, installation, and startup of the AMI infrastructure (system hardware, software, programming, and training), and new meters, which is the bid award under current consideration. The second bid package (Contract 2), contract services for the installation the new meters, will follow in a few months. Both bid packages will be phased over a five year span. The base bid package for Contract 1 was structured with providing single port reading devices, one for each meter. During the bid process, some vendors /manufacturers inquired on the use of dual port devices; one device capable of reading two meters, thus a potential savings with using fewer devices. In this situation, meters need to be in very close proximity to each other, such as townhome locations or where reclaimed meters and potable meters are adjacent each other. Staff estimated that this could be applicable in 25% of the meter installations throughout the City. Therefore, an alternate bid item was developed allowing vendors /manufactures that have dual port devices to provide a potential cost savings in using such devices. The City received four bids on December 18, 2012 for Contract 1, for the entire project. On the basis of base bid plus the alternate, if submitted, the bids are as follows; Innovative Metering Solutions, Inc. using Badger meters at $5,145,995.70 (no alternate submitted). Sunstate Meter & Supply, Inc. using Neptune meters at $5,369,877.96. Mueller Systems, LLC using Mueller meters at $5,551,995.39 HD Supply Waterworks, Ltd. Using Sensus meters at $5,968,254.00. Thus, the lowest responsive bidder for the entire project is Innovative Metering Solutions, Inc. The first phase of the project consists of procurement and installation of the complete AMI hardware and software, plus meters along the barrier island area and a small corridor along Atlantic Avenue, from AIA to I -95. This first phase (year 1) is estimated at $1,758.082.55. Hence, each of the remaining four phases is estimated at $847,000 per year for meters, not including meter installation costs. FUNDING SOURCE Funding is available from account #442 - 5178 -536- 64.46, Water & Sewer Fund /Automatic Meter Reading, after budget transfers. RECOMMENDATION Staff recommends approval of award to Innovative Metering Solutions, Inc. in the amount of $1,758,082.55 as Contract I for the first phase (year 1) of the AMI System and Meter Replacements project (P/N 2012 -013). y� � J. CONSULTING MATHEWS� C I V I L E N G I N E E R S December 20, 2012 Mr. Victor Majtenyi City of Delray Beach 434 South Swinton Ave Delray Beach, FL 33444 City of Delray Beach Meter Replacement & Advanced Metering Infrastructure (AMI) System — Contract 1 Bid Recommendation (Bid No. 2013 -171 Dear Victor: On Tuesday, December 18, 2012, at 2:00 PM, bids were received by the City of Delray Beach for the "Meter Replacement & Advanced Metering Infrastructure (AMI) System — Contract Y project. Four (4) bids were received as follows: Name of Bidder Total Bid Amount Alternative Bid Bid Amount w1 Item Credit Alternate 1. HD Supply Waterworks, Ltd. $6,273,579.00 ($305,325.00) $5,968,254.00 2. Innovative Metering Solutions, Inc. $5,145,955.70* NIB $5,145,955.70* 3. Mueller Systems, LLC $5,697,845.39 ($185,850.00) $5,511,995.39 4. Sunstate Meter & Supply, Inc. $5,661,927.96 ($292,050.00)* $5,369,877.96 *Corrected value. The Bid Tabulation Sheet is attached. The following summarizes our findings for the low bidder: Innovative Metering Solutions, Inc. • Acknowledged Addendum Nos. 1 & 2. • Schedule of Bid Prices was filled out completely. However, there was a slight mathematical error in the total bid price. The total bid price actual totals $5,145,955.70, which is a $9.00 lower than the reported total of $5,145,964.70. • Provided Supplemental Bidder Questionnaire Form • Is an approved Vendor named in the Technical Specifications December 20, 2012 Mr. Victor Majtenyi 2 1 P a g e MC has contacted the references for Innovative Metering Solutions, and the Company has received satisfactory feedback. Mathews Consulting therefore recommends award of the Contract to Innovative Metering Solutions, Inc. in the amount of $5,145,955.70, based on the Company being the lowest, responsive, responsible bidder. If you have any questions regarding the information presented, please contact us at 561- 655 -6175. Sincerely, MATHRI$ ¢ONSULTING, INC. Reng L. 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G m N p p U � U Q a) N L L a) a) E ate-+ cn O U cn a) .cu L U cu L a) -6--+ a) 'q N O cn cu U N L a) E cn �j O a) L cp CU > 'V O M C/) Q cu N N > �> O cu fr fr 0 �I � M M U ct c� O Q; O Ct ,—� N ct cn a) .cu L U cu L a) -6--+ a) 'q 0 N O cn cu U N L a) E cn �j O a) L cp CU > 'V O M C/) Q cu N N > �> O cu fr fr 0 0 pqq O C/) O CU 40 a) C6 L C6 QL a) L- a) O C6 C6 C6 C6 .a) C6 -a m U C6 L- O U a) C6 O O U O .a) QL 40 a) E _O CU E .X m E C6 CU m co v) ne, 0 0 0 0 cn L CU >) a) a) m c O O � E E 4-0 cn O OL -0 O CU C6 � U cn CU C6 C6 Cm �: CU `� cn 0 I L > O 0 �,J E 40 U CU CU 4-0 C6 U_ CU CU N 0 a) cn 40 cn O C6 CU CL O U � O O � U �� C6 cn O OU .l .l r i 0 Isom • J w MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: January 11, 2013 SUBJECT: AGENDA ITEM 10.G. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 EMPLOYMENT AGREEMENT/ CITY MANAGER ITEM BEFORE COMMISSION Approval of an employment contract with Mr. Chapman. BACKGROUND The Commission, at its December 18, 2012 meeting gave direction to staff regarding certain terms of the proposed employment agreement between the City and Mr. Chapman. Those terms were incorporated into the proposed employment agreement and Mr. Chapman has accepted the terms of the proposed agreement. The essential terms of the Agreement are as follows: - the start date is April 1, 2013 - $160,000.00 beginning salary - Mr. Chapman may join the general employees pension plan or receive a 9.5% contribution to a 457 plan in lieu of joining the pension plan - vacation and sick leave shall start to accrue at the highest annual accrual and he shall be allowed advance use of up to 10 days of vacation and 10 days of sick leave as credit against his actual accrual of such leave - $400.00 net per month auto allowance - moving and packing expenses from Bloomfield, CT to Delray Beach - assistance with temporary living quarters not to exceed $1,500.00 per month and not to exceed 6 months - severance pay shall be pay equal to 20 weeks of compensation if terminated by the Commission for any reason other than just cause RECOMMENDATION City Commission discretion. A LK I W THIS AGREEMENT, made and entered into on this day of 3 2013, by and between the CITY OF DELRAY BEACH, a Florida ;JpIJIIIIJ�I�Illl 11111111' 1111 ;JI1 � 111111pI llll� ;1� Jill 3XIIII!IIIIII $ all 1111111111 1 1 Ill 5131P][11 I .� OIL; I I Ili 11111111111! Pill ill I SIT IMAM ! I P a j 1111: n 1111 W-WrIMI[M.1 A. This Agreement shall become effective and the term of employmentl of the Agreement and until termination by either party in accordance with the provisions set forth herein. During the term of this Agreement, the Employee shall be a full-time ZMLr iM services of the Employee at any time, with or without cause, subject only to the 0 2 3 rd G .. I 3 III IIII!lI III I 11111111�!�llj III I I I I 1;1lig"ll lillip ill illip :1�111 1�1 Ip Em= MOMMIM �-TTRMXEMQUMM FN • WIM WIMOMMIAll City Clerk • W R MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: January 11, 2013 SUBJECT: AGENDA ITEM 10.H. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 REASSIGNMENT OF COMMISSION LIAISON APPOINTMENTS ITEM BEFORE COMMISSION This item is before Commission for the reassignment of liaison responsibilities. BACKGROUND Former Mayor McDuffie served as the Liaison to various boards, school organizations and representatives. Due to his resignation, the liaison responsibilities that he was assigned to must be reassigned. In addition, the Commission can make other liaison appointment changes including assignments for Commissioner Morrison. RECOMMENDATION Commission is asked to designate a liaison to the various boards previously covered by former Mayor McDuffie and to make any other changes to other liaison appointments including appointments for Commissioner Morrison. MEMORANDUM TO: Mayor and City= Commissioners THRU: David T. Harden, City Manager FROM: Chevelle D. Nubin, MMC, City Clerk SUBJECT: CITY COMMISSION LIAISON ASSIGNMENTS DATE: April 3, 2012 Below is the list of City= Commission Liaison assignments as approved at the March 29, 2012 Annual Organizational Meeting. Community Redevelopment Agency 2nd & 4th Thursdays at 5:30 p.m. Commission Chambers Community Land Trust 31d Thursday at 6:00 p.m. Old School Square Library= Delray Beach Public Library 3 d Wednesday at 5:30 p.m. 2nd Floor Conference Room, Library= Delray Beach Public Schools LIAISON Commissioner Carney Primary Member Commissioner Jacquet Alternate Member Mayor McDuffie Commissioner Jacquet City Commissioners adopt a Delray Beach Public School and serve as a liaison to that School's Advisory Committee. The Schools are: Banyan Creek Elementary School Commissioner Frankel Second Vednesday of eveg month @ 6.30 p.m. in Media Center Spady Elementary= School Mayor McDuffie Apzzl30, 2092 @ 4.30 p.m. in Media Center Plumosa Elementary School Commissioner Jacquet 9s` Vednesday of the month @ 6:95 p.m. in the Media Center Pine Grove Elementary= School Commissioner Gray May 97, 2092 @ 6:00 p.m. in Media Center Orchard View Elementary School Commissioner Carney 9` Vednesday of eveg month @ 5:00 p.m. in Media Center Page 2 Village Academy Mayor McDuffie 9s` Tuesday of the month @ 6:00 p.m. in Media Center Carver Middle School Commissioner Jacquet 2"' Thursday of the month @ 6:00 p.m. in Media Center Atlantic High School Commissioner Gray Aprzl24, 2092 and May 22, 2092 @ 6:00 p.m. in Media Center Downtown Development Authority Commissioner Frankel 2nd Monday at 12:00 Noon Primary Member First Floor Conference Room, City= Hall Mayor McDuffie Alternate Delrav Beach Marketing Cooperative Board of Directors Mayor McDuffie 4th Thursday at 8:30 a.m. Primary= Member Chamber of Commerce Commissioner Frankel Alternate Member Drug Task Force Mayor McDuffie 31d Friday at 8:30 a.m. Primary= Member Chief's Conference Room, Police Department Commissioner Jacquet Alternate Education Board Commissioner Jacquet 1" Monday at 5:30 p.m. Primary Member First Floor Conference Room, City= Hall Mayor McDuffie Alternate Member General Employees Retirement Committee Meets once every= quarter Historic Preservation Board Commissioner Frankel 1st and 3 d Wednesdays at 6:00 p.m. Commission Chambers Parking Management Advisory Board Commissioner Carney 4" Tuesday at 5:30 p.m. First Floor Conference Room, City= Hall Police & Fire Board of Trustees Commissioner Frankel 31d Wednesday at 1:00 p.m. in Douglas Smith Training Room at Fire HQ or Assistant City= Manager Police Chief's Conference Room Public Art Advisory Board Commissioner Frankel 4th Monday at 6:00 p.m. Environmental Services Department, Administration Building 434 South Swinton Avenue Page 3 Sister Cities Committee Mayor McDuffie 1st Thursday at 4:30 p.m. First Floor Conference Room, City= Hall OTHER CITY ADVISORY BOARDS: Board of Adjustment 1st and 3 d Thursday at 5:30 p.m. City Commission Chambers, City= Hall Civil Service Board Meets as needed City Commission Chambers, City= Hall Code Enforcement Board 2nd Tuesday at 1:30 p.m. City Commission Chambers, City= Hall Delray Beach Housing Authority 31d Thursday at 8:45 a.m. Lake Ida Plaza, Suite 310B 600 North Congress Avenue Financial Review Board 2nd and 4`h Tuesday at 8:15 a.m. First Floor Conference Room, City= Hall Green Implementation Advancement Board 4th Thursday of each month at 1:30 p.m. Environmental Services Department 434 South Swinton Avenue, Delray Beach Kids and Cons 1" Wednesday at 6:00 p.m. Police Department 300 West Atlantic Avenue, Delray Beach Neighborhood Advisory Council 3 d Monday at 5:30 p.m. First Floor Conference Room, City= Hall Nuisance Abatement Board 1" and 3 d Monday as needed at 3:30 p.m. City Commission Chambers, City= Hall Planning & Zoning Board 31d Monday at 6:00 p.m. City Commission Chambers, City= Hall Police Advisory Board Meets quarterly on the 2nd Monday of the month at 5:30 p.m. First Floor Conference Room, City= Hall Public Employees Relations Commission Meets as needed City Commission Chambers, City= Hall Site Plan Review and Appearance Board 2nd and 4`h Wednesday at 6:00 p.m. City Commission Chambers, City= Hall OUTSIDE AGENCY APPOINTMENTS Palm Beach County League of Cities, Inc. Governmental Center 301 North Olive Avenue West Palm Beach 33402 Contact: Richard Radcliffe, Exec. Director (561) 355 -4484 Page 4 David T. Harden, City Manager Board of Directors; Transportation Committee Chair; It's the Economy Task Force Commissioner Gray Co -Chair Education Committee The Palm Beach Count= League of Cities, Inc. was chartered in 1969 as a non - profit corporation. The purpose of the Palm Beach Count= League of Cities is to promote and advance the collective interest of the municipalities of Palm Beach Count=; to study municipal issues and seek desired results through cooperative efforts; to respect the principles of Home Rule; and to encourage and enhance the quality of life of citizens of Palm Beach Count=. The General Membership meets once per month (normally the 4" Wednesday) at 11:30 a.m. at different host cities around the county. The Board of Directors meets once per month (normally the 4th Wednesday) at 10:00 a.m., at various locations in Palm Beach Count=. Florida League of Cities, Inc. 301 S. Bronough Street, Suite 300 (32301) Post Office Box 1757 Tallahassee, Florida 32302 -1757 Contact: Scott Dudley, Sr. Legislative Advocate (850) 222 -9684 Metropolitan Planning Organization Of Palm Beach County 160 Australian Avenue, Suite 201 P. O. Box 21229 West Palm Beach 33416 Contact: Randy M. Whitfield, P.E. Director (561) 684 -4170 or Paul Dorling (City staff) (561) 243 -7040 David T. Harden, City Manager Urban Administration Committee Member Mayor McDuffie Mayor McDuffie Primary= Member Commissioner Jacquet Alternate Member Page S The Metropolitan Planning Organization of Palm Beach County was created pursuant to Chapter 339.175 of the Florida Statutes. Their objectives are to encourage and promote the safe and efficient management, operation and development of surface transportation systems that will serve the mobility needs of people and freight within, and through, urbanized areas of Palm Beach County while minimizing transportation related fuel consumption and air pollution. The MPO is charged with the development of short -range (5 year) and long -range (20 year) transportation plans and programs. MPO Board (elected officials) meets on the 3 d Thursday of the month at 9:00 a.m., 12`h floor Conference room at the Governmental Center, 301 North Olive Avenue, West Palm Beach, Florida. Technical Advisor= Committee JAC, staff subcommittee) meets on the 1" Wednesday of the month at 9:00 a.m. at 2300 North Jog Road in the 4th floor Conference Room, #4E -12, West Palm Beach. Liaison to State Representatives Lori Berman, District 86 Bill Hager, District 87 Liaison to State Senators Ellyn Setnor Bogdanoff, District 25 Christopher L. Smith, District 29 Maria Lorts Sachs, District 30 Commissioner Frankel Commissioner Jacquet Mayor McDuffie Commissioner Gray Commissioner Frankel Liaison to United States Representatives Ted Deutch, District 19 Commissioner Frankel Allen West, District 22 Mayor McDuffie Alcee L. Hastings, District 23 Commissioner Gray Intergovernmental Coordination Issues Forum Lantana Council Chambers 500 Greynolds Circle Lantana, 33405 Contact: Ana Yeskey 9835 -16 Lake Worth Road, Suite 223 Lake Worth 33467 (561) 434 -2575 Commissioner Frankel Primary Member Commissioner Gray Alternate Member Paul Dorling City Staff Member The Intergovernmental Coordination Issues Forum reviews and makes recommendations on issues of multi - jurisdictional significance, such as school concurrency, count= wide fire rescue services, and countywide library services. The intent is to have municipalities work together on issues of countywide concern or impact and to assist in the resolution of any disputes which may arise between local governments. The Issues Forum meets on a quarterly basis. Meeting dates are to be determined. The Executive Committee meeting at 9:30 a.m., Issues Forum at 10:30 a.m. and IPARC at 1:30 p.m. in the Lantana Council Chambers. MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Douglas E. Smith, Interim City Manager DATE: January 11, 2013 SUBJECT: AGENDA ITEM 10.I. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 BID PROPOSAL/ UNITED STATES TENNIS ASSOCIATION (USTA): FED CUP SEMI - FINALS ITEM BEFORE COMMISSION Commission is requested to approve a bid to the United States Tennis Association (USTA) to be the host site for the 2013 FED Cup Semi - Finals if held in the United States. BACKGROUND Attached is a bid to the USTA for Delray Beach to be considered as the host site for the 2013 FED Cup Semi - Finals if held in the United States. The bid addresses all items required by the USTA and we included a section "About the City" to help reviewers know more about our City. We are also including in the bid package a copy of our television DVD used for the ITC Tournament. We are requesting Commission approval of the bid and authority to submit to the USTA. A cover letter from the Mayor will be included. The Sanction fees to be paid to the USTA for this event is $200,000. We have been approved for a $75,000 Grant from the CRA at their meeting on January 10, 2013 and have submitted a grant request to the Palm Beach County Sports Commission in the amount of $100,000. We appear before the Sports Commission on January 31, 2013. In addition, we are requesting revenue sharing from the USTA from ticket sales. The total estimated Economic Impact is approximately $1,000,000. Commission still would have the option for whatever reason to reject the bid award if we were to be selected. We are anticipating maximum out of pocket expense of no more than $100,000. This includes sanction fees, overtime costs and other costs. This is less than what we paid for the last FED Cup Semi - Finals that were held in our City. RECOMMENDATION Staff recommends approval of the proposed FED Cup Semi - Finals bid and authorization for staff to submit the bid to the United States Tennis Association. CITY DEL,R,AY BEACH � 20,13, FED Cup Semi . Blild Proposal � ƒ\ 4ca CRY � +n City of Delray Beach 2013 Fed Cup Semi - Finals Bid Proposal I. About the City of Delray Beach: Delray Beach is a first -class resort destination and a diverse, vibrant, community situated on the Atlantic Ocean between Boca Raton and West Palm Beach in Palm Beach County with a population of about 60,000. A small and intimate town with big city sophistication, Delray Beach is 30 -45 minutes from Palm Beach and Fort Lauderdale International Airports, and only an hour north of Miami. Delray Beach is also serviced by the Tri -Rail Commuter Train, which runs between Miami and Palm Beach Gardens. A two -time winner of the coveted All- America City award (1993 and 2001), Delray Beach celebrates its art, culture and history. The City is known worldwide as a historic resort destination. Delray's Atlantic Avenue, which runs through the center of town from I -95 to the ocean, is the longest Main Street in Florida. A popular destination for locals and visitors alike, Atlantic Avenue is a charming streetscape filled with upscale shops, fine restaurants and nightly entertainment. The downtown is known nationally for its family - friendly festivals such as the Delray Affair and Delray Beach Garlic Fest and for its famous 100 -foot Christmas Tree, where visitors can walk inside to see animated displays. Come for the Tree lighting and see Santa arrive via helicopter! Delray Beach's booming art scene is an experience for the eyes and the soul! More than 25 galleries and public art pieces are located downtown, which includes the newly redeveloped Pineapple Grove Arts District. Gallery Walks draw visitors on Friday nights from October to April. Delray Beach's signature event, On the Ave, held six times a year, always features food, music and an outdoor art gallery. Our downtown area also is home to about 140 restaurants and about 350 specialty retail shops and boutiques. Our downtown has received a "Best Main Street" Award. Cultural attractions include Old School Square Museum and Cultural Center, S.D. Spady House (an African American museum), Sandoway House (a marine nature center) and within minutes of our downtown is the Morikami Japanese Gardens and Museum. Other items of interest include Delray Yacht Cruises, sailing daily on the Intracoastal Waterway, the Puppetry Art Center of the Palm Beaches and our Saturday morning Green Market. An impressive variety of accommodations stretch from the beach to the heart of the downtown and range from luxury, to historic, to whimsical — all with a creative, tropical flair. Hotels include: Sundy House Restaurant and Inn — Swim with the fish in the Cenote pool, stroll the lush gardens, converse with the parrots while dining outdoors. The hotel has 11 uniquely themed rooms and suites with hand painted details and original artwork. Crane's Beach House Hotel & Tild Bar — Crane's is a magical hideaway with a Key West flavor. The hotel has 27 chaining rooms and suites as unique and fanciful as their tropical namesakes. The Tiki Bar is a popular hotspot for locals and tourists alike. The Colony Hotel & Cabana Club — The 1926 Colony Hotel is a historic landmark. The Colony offers the appeal of a romantic Old Florida setting with all the modern amenities. The Seagate Hotel & Spa -- Where island meets urban chic. See Delray Beach's newest hotel which houses 5,000 gallon aquariums, sea - inspired fixtures and natural elements evoking tropical tranquility. The Delray Beach Marriott and Residence Inn Marriott — Overlooking the beach and an easy walk to Atlantic Avenue's shopping boutiques, bistros, cafes, art galleries, restaurants and nightlife. Hyatt Place Delray — located in the Arts District of downtown Delray beach within 1 mile of its beautiful beaches and within walking distance of the Delray Beach Tennis Center, Atlantic Avenue shopping, dining and entertainment. Delray Beach has an award - winning beach, water sports, historic sites, museums, theatres, exceptional golf and tennis facilities and other unique attractions that are within minutes of the downtown shopping and entertainment district. Twenty minutes to the west visitors can experience nature preserves, equestrian facilities and Florida's Everglades. Delray Beach is creative, authentic, intimate ... a jewel of Pahn Beach County ready to be discovered! A copy of a DVD of our television commercial used for other tennis events is enclosed for your review. II. Stadium Court: The City will provide use of our outdoor har -tru stadium court that meets required court measurements of 66' x 32'. Total capacity of the stadium is 8,186 seats with 3,036 stadium type seats, 5065 bleacher type seats, 35 handicapped seats and 50 handicap companion seats. The stadium is offered at no charge to the USTA. Rental value $20,000. See attached stadium diagram (Exhibit A) for more details. HI. Site: Office Space / Locker Rooms / Hospitality Areas / Media Areas / Retail Display Areas / Concession Areas / Restrooms: The City will provide for USTA use our entire Tennis Facility site, including club house as well as adjoining Community Center and ticket box office. Attached is a site diagram (Exhibit B) illustrating site use for the Champions/ITC ATP Tournament held each year. Wireless Internet access is available. All facilities are offered at no rental charge to the USTA. Rental value for all of the above areas is $45,000. Community Center; The Community Center has two (2) locker rooms, two (2) multipurpose rooms that can be subdivided into smaller office areas, a kitchen and gym. We own room dividers that can be set up in different configurations in the gym that have channels for power and telephone, as well as computer lines. The Community Center will accommodate USTA needs for office space, locker rooms, media facilities, dining, player lounges and food prep areas. We also have plastic flooring that we would use to cover the gym floor. The USTA could then rent carpeting for areas that they would need to cover. Our tennis facility clubhouse is also available for USTA use and includes a second floor multipurpose room and outdoor covered seating area. Ticket Booth/Box Office: Our Ticket Booth/Box Office has one (1) will call window and four (4) additional ticket windows, all equipped with computer, power, telephone hookups and equipment. We do have a standard agreement with TicketMaster for any tickets sold through our box office. Retail Display Areas: There is sufficient room on site to accommodate retail tents of various sizes and any display areas that need to be set up. These are located in the grass areas along the main stadium entry and at other locations throughout the site. The City would pay for any rental flooring that would be needed for tents placed in any grass areas. All areas have accessibility to power and telephone lines if needed for credit card purchases. Hospitability Areas: We can accommodate on our clay courts an area or areas needed for hospitability tents as we now provide for our Champions /ITC ATP Tournament. Generally we utilize clay court #1 for this use. The City will provide flooring to cover the courts at no charge to USTA, but would require the USTA to rent any carpeting that would be needed. Concession Areas: The city can provide adequate space for concession areas. These areas include clay court #5 and other areas around the site including the area under the east grandstand. The only stipulation for use of space under the east grandstand is based on our Fire Code, which does not allow cooking with propane, but permits warming with electricity. The City is able to provide plumbing and water access to various concession areas onsite as well as power and limited telephone lines. The City has no preexisting agreements for merchandise or concession sales that would preclude the USTA from retaining all rights. The City does have a sales /vending agreement with Coca -Cola, which can be waived for tennis events. We have been able to obtain this for other tennis tournaments. Restrooms; Men's and Ladies restroom facilities are available under the north stands of the stadium, as well as in a stand -alone building on the north side of the site in sufficient numbers to meet code requirements. In addition, restroom facilities are available in the Tennis Facility Clubhouse and Community Center for staff, media, etc. IV. Television Facilities: A television production trailer site with access to power and telephone lines is located in the west end of the parking lot south and adjacent to the stadium. All power needs can be accommodated from this location. In addition, a broadcast tower is located in the stands at the south end of the stadium. This location also is equipped to meet power and telephone line needs. V. Power and Lighting: All power and lighting needs of the USTA can be met with permanent or temporary facilities and includes sufficient power for the television production equipment as noted above. We also assure that court lighting meets the minimum requirement of 150 foot candles evenly distributed on the stadium court. VI. Personnel/ Staffing: The Assistant City Manager and President of our facility management company will be assigned along with other staff as may be needed to assist in planning for and executing the event on the venue's behalf. The Assistant City Manager, Management Company President, and many of our staff have previously worked with USTA staff on Davis Cup and FED Cup quarter final events and have a great deal of experience in working with Match Point Inc. on their Champions/World Tour ITC Tournament. In addition, the City of Delray Beach commits to providing at no charge to the USTA, staff support for traffic control and security, private security to assist City police staff, providing an EMS unit on site during the event, City electricians to be on site during the event and for site set up, other building maintenance staff to assist with site set up, management company staff to assist with court set up, tennis pros to assist with clinics, parking attendants and any other staff assistance that may be needed. The City will also provide to the USTA at no charge, all utilities, trash compactors, garbage dumpsters, recycling dumpsters, on site garbage and recycling containers as may be needed, a public address system for the stadium court, and use of practice courts as may be needed. The cash value of staffing and other services and equipment is $52,000. The in kind value for staffmg assistance for event planning and site set up coordination is $25,000. VII. Financial Commitments: The City of Delray Beach commits to an up -fiont financial contribution in the amount of $200,000. This financial commitment will be financed through grants received fi•om our event partners; the Delray Beach Community Redevelopment Agency ($75,000) and the Palm Beach County Sports Commission ($75,000), the City of Delray Beach ($50,000), and through a revenue sharing proposal as outlined below with the USTA. The City contribution is in addition to our expenses for staff overtime costs and other costs that will be incurred for the event. The City is proposing a revenue sharing arrangement with the USTA as follows: • 10% of ticket sales over $1.5 million dollars up to $2 million dollars • 5% of ticket sales over $2 million dollars The City's cash commitment is in addition to the value of staffing, rentals, and other services being provided at no charge to the USTA. Total value of other costs as noted in various sections of this bid is $134,000, which include in kind costs. The City commits to supplementing its funding if amounts to be received from our funding partners do not meet expectations. VIII. Hotels: City staff has had discussions with five (5) of our primary hoteliers in town about providing required comp room nights and in blocking/reserving room nights that would be booked/controlled by the USTA. We can provide 150 comp room nights during the event and for pre event planning visits. These would be provided primarily by the Ocean Properties Group: Delray Beach Marriott, Marriott Residence Inn, Berkshire on the Ocean, Holiday Inn Highland Beach, the Seagate Hotel and Spa, a five (5) star hotel a few blocks from our beach, and the Hyatt, two (2) blocks from the stadium site. All of the above hotels as well as the Colony Hotel (a historical hotel listed on the National Register of Historic Houses) and Crane's Beach House (a lovely small hotel located two (2) blocks from the ocean), have agreed to block enough room nights that can be booked directly by the USTA for their needs. Attached as Exhibit C, is a list of hotels, contacts, web sites, total room counts and types located in Delray Beach. Also there is ample availability of numerous hotel sites at different price points both north and south of Delray Beach, IX. Parking: The City commits to providing 300 to 400 complimentary parking spaces for the duration of the event for staff, VIP's and volunteers. We have a total inventory of approximately 1,450 spaces within two (2) blocks of the stadium site. Of this total, approximately 890 are in three (3) parking garages, approximately 500 surface paved lot spaces, and approximately 60 grass area spaces. We also have about 75 spaces along NW 1St Avenue, adjacent to the site, which we would use for valet parking. Television production equipment, vendor trucks and trailer and other specialty parking can be accommodated in the 72 space lot on the south side of our tennis facilities, as well as on and off NW 2"a Avenue, which serves as the route to the north site service entrance. These parking areas are in addition to the 1,450 spaces noted above. We have ample inventory to accommodate handicapped parking, will call parking, and player drop off and pick up areas. The City will hire and man all parking lots and charge $5 per car for those spaces not reserved for the USTA use. In addition, we plan to man and provide valet service at a cost of $15 per car. X. Permits: Any building permits that may be required for this event will be treated as City of Delray Beach permits at no costs. We will also assist in processing permits and obtaining approvals. No permits are needed for the event per se. XI. Venue Signage: The City of Delray Beach will provide a clean venue. We will remove or cover any sponsor signs or banners that are now on site for the duration of the event. XII. Conflicting Events: The City of Delray Beach will ensure that there are no other major activities or events during the same time period of the finals that might negatively impact the event, parking or hotel availability. XIII. Bid Enhancements: The City offers the following bid enhancements for consideration: • The City of Delray Beach, Delray Beach Marketing Cooperative (DBMC) and the Downtown Development Authority (DDA) will help market and promote the event through our websites and social media sites. We will also, as we did for past Davis Cup and Fed Cup matches held here, put posters up in downtown storefronts and provide restaurants with promotional materials. • Working with the DBMC and DDA, we will also obtain discounts for attendees and USTA staff at local restaurants, retail shops and other attractions in the area. • Comp golf rounds, a number to be determined, at our Municipal Courses will be provided to the USTA. • We will conduct, utilizing our tennis pros, a local clinic for youth one of the mornings of the event on site. Our goal is to reach about 100 participants with 40% minority representation. Delray Beach Fact Sheet s Delray Beach is located between West Palm Beach (17) miles and Ft. Lauderdale (24 miles). • Delray Beach is served by two airports, Palm Beach International and Ft. Lauderdale International. • Delray Beach is ideally located, just an hour north of Miami and 2 % hours south of Orlando. • Tri -Rail provides convenient service from Miami and Ft. Lauderdale Airports to 6 stations in Palm Beach County. • Automobile travelers have easy access to Delray Beach fiom the Atlantic Avenue exit of I -95 and the Florida Turnpike. You can access Delray Beach from the legendary and scenic AIA. • Locals and visitors alike can hail a free ride on the Delay Downtowner, a 6 seater golf cart. www.delraydowvntowner, cam + Delray Beach's building codes have been specifically drawn up to maintain the charming seaside feel. No buildings over 5 stories and limited chain establishments. No building has been allowed on the beach to maintain its pristine nature. • Delray Beach has something to offer everyone with over 500 boutiques, galleries and restaurants located in the Downtown area. • Dining in the Downtown retains a Cafe Society feel with dining al fresco until the wee hours all year round. • Delray Beach Tennis Center offers 21 courts and an 5,200 seat stadium which host tournaments featuring internationally recognized names such as Venus and Serena Williams, John McEnroe and Chris Evert. • In addition to its pristine beach, Delray Beach offers many attractions: Cornell Museum of Art and American Culture, Crest Theatre, Spady Cultural Heritage Museum, Morikami Museum and Japanese Gardens, Sandoway House Nature Center, Cason Cottage House Museum, Putt N Around, The Arts Garage, The Puppetry Museum & Theatre, Delray Yacht Cruises featuring the Lady Atlantic plus Segway tours, bike and watersports rentals. • Delray Beach has earned numerous awards such as the All America City Award, Distinguished City Award and finalist for Most Fun Small Town in the Best of the Road Competition held by Rand McNally and USA Today. 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N i i O i Ln Ln 00 i 3 i ct i LO i O r.D i 00 i LS? i i LO N i 0o N 00 N 00 LD lD 00 m Z f` r` O n C r` r` n r r` n n n r� r` r` n er N N C31 N r, N N N N N N N N N N N N N ri —i ri r1 rI I c-I c 1 cIi rl 1 c-1 -4 ri c- I . I e � LO iD LD iD iD w iD lD LO iD iD iD iD w co cD iD iD Ln Ln Ln Ln Ln Ln Ln Ln u) Ln Ln Ln Ln Ln Ln Ln Ln Ln L of m ru C� L (� a) U- m aJ u V) Y 41 � ai a a L O v ai w C-- 7 °—' ° ai V) N m 0) m o a, v v M V m c a, z 7 ro (0 r0 W i7i a1 C L ro C r0 LL cu i ho v a s a o rn c cn ro O N is m rn O Z ° Q H rii ° ao z rr m > ,r_ rn aC ❑ m ro s o m � � Y d C i= u u m ., m w o ro o o c Ln z i C: ro = m ro = C ro tiA N O O ro Ln O 0 ++ s x w o a v �' v -. io ul s O) aJ m U a--� V al r�i1 C C T L aJ � O w !? N 2 ai N a.+ O m a Q CU r7a to � LL 'n 41 .0 C ± N LL y C O Q m O v1 T u u LL v7 m m m 2 >❑ 2 rn Lnn MEMORANDUM TO: Mayor and City Commissioners FROM: Richard J. Reade, Sustainability Officer/PIO THROUGH: Douglas E. Smith, Interim City Manager DATE: January 11, 2013 SUBJECT: AGENDA ITEM 10.J. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 PROPOSED 2013 STATE LEGISLATIVE PRIORITIES ITEM BEFORE COMMISSION The City's proposed 2013 State Legislative Priorities. BACKGROUND The State of Florida's 2013 Legislative session begins on Tuesday, March 5, 2013 and ends on Friday, May 3, 2013. As a result, staff, in conjunction with the City's state lobbying team, All Florida Solutions, is developing the proposed 2013 State Legislative Priorities. This document outlines key upcoming legislative issues that directly affect our community. Please note - this document will be provided to the City Commission prior to the January 15, 2013 Regular meeting. RECOMMENDATION Recommend approval of the City's proposed 2013 Legislative Priorities. nt Dpirav Bea 2013 KEY STATE LEGISLATIVE ISSUES MIA m 1, 1 : ME I DELRAY BEACH, r WWW.MYDELRAYBEACH.COM 3= CITYCOMMISSION ................................................................................................... 2 ENVIRONMENTAL ISSUES ...................................................................... 6 VOTING & PUBLIC INFORMATION ....................................................... 7 APPROPRIATIONS ................................................................................... 8 2013 KEY LEGISLATIVE DATES ............................................................................... 9 CD MAYOR .. COMMISSIONER AL JACQUET VICE -MAYOR COMMISSIONER CHRISTINA MORRISON DEPUTY VICE -MAYOR ANGELETA GRAY INTERIM CITY MANAGER DOUGLAS SMITH U f6 N CD f6 L 0 U Develop Fair and Equitable Tax Structure: The City SUPPORTS legislation that provides a fair and equitable tax structure and provides Delray Beach with the flexibility to provide the level of services desired by our citizens. Legislation should be developed that SUPPORTS simplifying and stabilizing Florida's state and local tax revenue structure in a manner that provides fairness for both citizens and businesses of our state, while addressing the realities that the current statewide constitutional taxing structure imposes on all levels of government. Arbitrary caps on property assessments, municipal expenditures or municipal revenues should be OPPOSED. Unfunded Mandates to Local Governments: The City SUPPORTS legislation that strengthens the prohibition on existing and new unfunded mandates, requires enhanced staff analyses and quantification of the costs to cities and ensures full funding sources be assigned whenever unfunded mandates are identified. The legislature should SUPPORT revisions to the current unfunded mandates provision of the Florida Constitution that would eliminate unnecessary exemptions. The revision should also ensure that any proposed law which contains an unfunded mandate contain only a single subject matter and be enacted by three - fourths vote of each house of the Legislature, only after a duly noticed public hearing at which a current fiscal analysis is available. Communication Services and Local Business Taxes: The City OPPOSES legislation that restricts or eliminates the authority of municipalities to levy, collect and /or expend the communications services tax and the local business tax. Municipal Pension Plans: The City OPPOSES legislation that diminishes municipal control over municipal employee pension plan management and v funding or that increases municipal funding liabilities. The City will SUPPORT legislation that provides comprehensive municipal firefighter and police officer L o pension reform provided that it permits insurance premium tax revenues received by the City under F.S. Chapters 175 or 185 to be used to pay current pension benefit costs and reduce the City's required pension funding contributions. Ilnrlatarl Infnrmatinn fnr Itam 11)./ Police Officer and Firefighter Disability Presumptions: The City of Delray Beach SUPPORTS reform legislation that restricts the current statutory disability presumptions for firefighters and law enforcement officers relating to tuberculosis, heart disease, or hypertension. Enterprise Zone: The City SUPPORTS SB by Senator Maria Sachs and HB by Representative Lori Berman, which would provide authority for the City of Delray Beach, within Palm Beach County, to apply to the Department of Economic Opportunity for designation of an Enterprise Zone along the Delray Beach Innovation Corridor. The Florida Enterprise Zone Program was created in 1982 to encourage economic development in economically distressed areas of the state by providing incentives and inducing private investment. It is the desire of the City to address the decline in its principal office/ industrial corridor along Congress Avenue from the City's southern border (at the City of Boca Raton line) to the northern border (at the City of Boynton Beach line). This area has been subject to extreme vacancy in both its commercial and office occupancies. It further encompasses and borders on some residential areas that need a critical uplift in investment and economic opportunity. 1161 191411,11111.1 qW.11101 The City SUPPORTS legislation that addresses the need for more affordable and competitive property insurance by the state and /or private insurance providers. The City SUPPORTS efforts to reform the state - backed insurer, attract more private insurance companies to Florida and encourage competition to reduce cost of coverage. — U f6 N CD f6 N O U Public Officers/ Severance Pay: The City SUPPORTS the repeal of SB 88, passed in 2011, that restricts severance pay for any public officer, agent, employee or contractor. The bill removes Home Rule authority over severance pay by creating a limit of up to 20 weeks of severance pay. lug INEIMMINWELIUM Sober Houses: The City SUPPORTS legislation that provides for more stringent local regulation of these facilities. The City also SUPPORTS full enforcement of existing state regulations on substance abuse provider licensing. Pursuant to 65D- 30.003, Florida Administrative Code, all substance abuse components must be provided by persons or entities that are licensed by the Department of Children and Families (DCF), unless otherwise exempt from licensing. Regulation of Firearms and Ammunition: The City SUPPORTS the repeal of HB 45, passed in 2011, which prohibits the City from implementing enforcement action policies regarding firearms and ammunition regulation. Synthetic Drugs: The City SUPPORTS legislation banning the manufacture, possession, distribution, purchase or sale of synthetic drugs, including herbal incense, bath salts, synthetic marijuana and /or any cannabinoids in the state of Florida and also encourages funding for drug abuse education. Texting While Driving: The City of Delray Beach SUPPORTS the modification of traffic statutes to include texting while driving as an element of careless driving (SB 52 Detert, SB 74 Sachs, SB 152 Altman, HB 13 Holder & Pilon). Transportation Funding: The City SUPPORTS legislation that provides opportunities for additional revenue options to fund municipal transportation o infrastructure projects. The City will SUPPORT legislation that: 0 U • Authorizes the Florida Department of Transportation to provide proportionate, dedicated and recurring revenue for multi -modal municipal and regional transportation projects. • Prohibits the transfer of State Transportation Trust Funds for non- transportation purposes. Billboards: The City SUPPORTS legislation that provides home rule authority for municipalities to more strictly regulate outdoor signage /advertising, including billboards. Internet Cafes: The City SUPPORTS legislation that will either regulate businesses operating internet "sweepstakes" gaming activities under the gaming commission, or find them in violation of Florida Statues - Chapter 849 and prosecuted accordingly. Housing: The City SUPPORTS legislation providing $300 million for the national foreclosure settlement agreement to designated neighborhood stabilization programs to be used for existing local government affordable housing initiatives. Beach enourishment: The City SUPPORTS assistance from the State in issuing emergency permits, utilizing existing renourishment permits (to mitigate the severe beach erosion that occurred during Hurricane Sandy on the north portion of the City's beach). The City SUPPORTS continued beach renourishment funding through the Ecosystem Management and Restoration Trust Fund for our 2.65 mile beach. Both State & Federal Funding for this project are critical to this important, ongoing project. 0 0 U Water Management District Governance and Authority: The City of Delray Beach will support legislation that amends the powers and duties of the water management districts. Such legislation should: • Require legislative ratification of any proposed rule change proposed by a water management district that imposes a financial impact on a local government, and • Specify that water management districts have no authority to require local government adoption or repeal of ordinances or to mandate the review or approval of any ordinance. Water Resources: The City SUPPORTS legislation which recognizes that diminished water quality and quantity affect existing business, future economic development, local and state government budgets and public health and safety. The City SUPPORTS legislation that enables the City to retain the necessary tools to meet obligations and responsibilities to comply with water quality standards and water supply planning, development and source protection (i.e., fertilizer ordinance). Further, the City SUPPORTS legislation that establishes environmental, technical and scientific criteria for the protection and recovery of water resources. Advocacy Expenditures: The City will SUPPORT legislation to remove restrictions in F.S. io6.113 that prohibits a local government, or any person on the local government's behalf, from spending public money to advocate for the passage or defeat of any issue, referendum or amendment going to a public vote. Early Voting Sites: The City SUPPORTS legislation that would provide the Supervisor of Elections with the option to designate any permanent public facility as an early voting site. v m Public Notices: The City SUPPORTS legislation that would authorize L o municipalities to provide public notice and advertising by means other than newspapers (i.e. Internet posting and other suitable alternatives). U l 1 �IM Expanded State Grant Funding: The City SUPPORTS expanded State grant funding opportunities to enhance City staffing, services and programs (i.e., Parks and Recreation, EMS, Reclaimed Water, Police, Transportation, etc.). Judicial System Funding: The City strongly SUPPORTS the full funding of the State Attorney, Public Defender offices and the Judiciary. Reduced court funding has a significant impact on public safety due to the inability to complete the processing of cases. The City makes arrests, but the court system is so overwhelmed due to reductions in funding that cases are "no filed" or "nolle prossed" by the State Attorney's office or lost in court due to speedy trial requirements. Thus, full funding of the court system to include the Juvenile Assessment Centers statewide is critical to public safety. The City also SUPPORTS the following revenue enhancements for the court system: • Expansion of the $65 mandatory court fee to be applied to civil cases in addition to the already allowed criminal cases. This fee would allow for additional revenue to fund the state court system. • Continuation and enhancement of the $2.00 recording fee to be distributed to counties to fund court - related technology needs. • Full funding for statewide traffic hearing officer programs. U f6 N CD f6 L 0 U U f6 N CD L 0 U 6F6A.- 14 -18 House and Senate Interim Committee Meetings 22 -25 House and Senate Interim Committee Meetings 1 9 4 -8 House and Senate Interim Committee Meetings 11-15 House and Senate Interim Committee Meetings 18 -22 House and Senate Interim Committee Meetings 26 -27 Federal Action Strike Team (FAST) Fly -in to Washington, D.C. IUVFMI 9 5 Legislative Session Convenes 9 -13 National League of Cities Congressional City Conference, Washington, D.C. 19 -20 Florida League of Cities Legislative Action Days, Tallahassee r 3 Last Day of Regular Session UEFRM 15 -17 Florida League of Cities Annual Conference, Orlando November Zix 21 -22 Florida League of Cities Legislative Conference, Orlando *Dates subject to change* MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: January 8, 2013 SUBJECT: AGENDA ITEM 10.K. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 APPOINTMENT TO THE CODE ENFORCEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Code Enforcement Board. BACKGROUND The term for alternate member, Mr. Jason Whiteman, will expire on January 14, 2013. Mr. Whiteman will have served an unexpired term, is eligible and would like to be considered for reappointment. Appointment is needed for one (1) alternate member. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The following individuals have submitted applications and would like to be considered for appointment: Name Background Mark Behar Entrepreneur -Local Business /Property Investor (currently serving on the Neighborhood Advisory Council) Robert Marks Chief Construction Inspector Iris McDonald Real Estate Development and Brokerage (currently serving on the Historic Preservation Board) Jason Whiteman Attorney Incumbent A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Morrison (Seat #1) for one (1) alternate member to serve a three (3) year term ending January 14, 2016. RECOMMENDATION Recommend appointment of one (1) alternate member to serve a three (3) year term ending January 14, 2016. 01/13 CODE ENFORCEMENT BOARD TERM EXPIRES REGULAR MEMBERS OCCUPATION POSITION FILLING 01/14/2016 Jason Dollard Attorney Layperson Unexp Appt 4/21/11 Reappt01 /03/13 01/14/2016 Kevin Homer Insurance Layperson Appt 01/03/13 01/14/2014 Kelli Freeman, Vice Chair Staffing Manager Business Appt 01/03/08 reg Person Unexp Appt 10/2/07 alt Reappt01 /04/11 01/14/2016 Ronald Gilinsky Sales /Marketing Layperson Unexp Appt 09/06/11 Reappt01 /03/13 01/14/2015 Stephanie Sugar Regional Director Business Unexp Appt 11/01/11 Person Appt 01/03/12 01/14/2015 Kurt Lehmann Realtor Realtor Unexp Appt 05/17/11 alt Unexp Appt 07/05/11 Reappt01 /03/12 01/14/2015 David Boone Attorney /Educator Layperson Unexp Appt 03/01/11 Reappt01 /03/12 ALTERNATES 01/14/2016 DeAnna Longo Registered Nurse Layperson Unexp Appt 01/03/13 01/14/2013 Jason Whiteman Attorney Layperson Unexp Appt 2/07/12 Contact: Danise Cleckley 243 -7213 S/ City Clerk /Board 13/ Code Enforcement Board MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: January 8, 2013 SUBJECT: AGENDA ITEM 10.L. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 APPOINTMENTS TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Education Board. BACKGROUND There are two (2) vacancies on the Education Board due to Mr. Lee Cohen and Ms. Deborah Nix being removed due to missing three (3) consecutive meetings. Their terms are unexpired ending July 31, 2013. Appointments are needed for two (2) regular members. Members of the Education Board must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and /or education. The following individuals have submitted applications 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. John Pasqual. Based on the rotation system, the appointments will be made by Mayor Carney (Seat #5) and Commissioner Morrison (Seat #1) for two (2) regular members to serve unexpired terms ending July 31, 2013. RECOMMENDATION Recommend appointment of two (2) regular members to serve unexpired terms ending July 31, 2013. 01/13 EDUCATION BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2013 LeAnne DeRigne Educator Appt07 /05/11 07/31/2014 Jose Herrera, Chair Special Events Coordinator Unexp Appt 04/21/11 Appt 07/17/12 07/31/2014 Kevin Warner Educator Appt 08/07/12 07/31/2014 Shannon Schwartz Appt 07/17/12 Educator 07/31/2014 Debra Kaiser Appt 07/20/10 Senior Director Reappt07 /17/12 07/31/2014 Angela Burns Unexp Appt 11/15/11 Reappt07 /17/12 Educator 7/31/2013 Julia Kadel Unexp Appt 12/06/11 Director of Admissions 07/31/2013 Mary Leavenworth Unexp Appt 01/17/12 Education /Sales & Consultant 07/31/2013 Toni McMillan Educator Unexp Appt 07/17/12 07/31/2013 Vacant Unexp Appt 07/31/2013 Vacant Unexp Appt STUDENT MEMBERS (one term limit) 7/31/2013 Madison Aracri Appt 06/21/11 Student 2 YEAR TERM 7/31/2013 Vacant 1 YEAR TERM Student EDUCATION BOARD EXHIBIT A Mercie Alcindor Educator Cathy DeMatto Development Consultant (currently serving on the Police Advisory Board) Philip Friedman Assistant Director/Retired Sheri Hack Realtor (also applying for the Nuisance Abatement Board) Tonya McCollin Cajuste Business Services Manager Ferline Mesidort Community Development Specialist John Miller Merchandising Category Merchant Sandra Owens John Pasqual Michelle Quigley Bonnie Raycroft Adam Reback Kenya Spear Patricia Westall Education Surgeon News Researcher Massage Therapist/Director/Program Coordinator Government Operations (currently serving on the Neighborhood Advisory Council and the Nuisance Abatement Board) Educator Project Coordinator MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: January 14, 2013 SUBJECT: AGENDA ITEM 10.M. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 LICENSE AGREEMENT/ 32 EAST RESTAURANT (ADDENDUM) ITEM BEFORE COMMISSION Approval of a license agreement with 32 East allowing a balcony to extend into the public right of way. BACKGROUND At its January 8, 2013 meeting, the Commission gave staff direction to draft a license agreement between the City and 32 East Restaurant allowing a balcony to encroach into the public right of way. The Commission gave this direction based on the specific circumstances regarding this request where 32 East has already received approval to construct the balcony (canopy) but is not allowed to use a portion of it for commercial use. This Agreement will allow 32 East to place tables on the entire balcony area. The major points of the attached agreement are as follows: - The agreement shall be on an annual basis subject to renewal by the City Manager - The annual fee shall be $5,000.00 - 32 East shall be required to pay the appropriate parking in lieu fee - 32 East may not sub - license the premises to another entity - 32 East shall indemnify the City against any lawsuits brought as a result of this balcony - If 32 East fails to pay or fails to abide by the terms of the Agreement, and if not cured, the Agreement will terminate. RECOMMENDATION Commission discretion. This License Agreement is made this _ day of , 2013 between the CITY OF DELRAY BEACH, a Florida municipal corporation (the CITY) and BRIGHT HORIZONS INVESTMENT CORP., a Florida Corporation (the LICENSEE). WITNESSETH WHEREAS, LICENSEE is owner of real property located at 32 East Atlantic Avenue, Itelray Beach, Florida, 33444, which property is currently operated as a restaurant use (the, "Property"); and WHEREAS, LICENSEE received approval to construct a concrete balcony/canorM structure (the "Balcony") adjacent and attached to LICENSEE's Property, as further depicted Exhibit "A"; and I WHEREAS, a portion of the Balcony structure extends over LICENSEE's property line and into the public air space which comprises part of the CITY right of way, said encroachment occurring with the CITY's prior consent and subject to LICENSEE entering into a Canopy Hold Harmless Agreement, a copy of which is attached hereto as Exhibit "B"; and WHEREAS, LICENSEE received prior approval to use of the Balcony up to LICENSEE's property line for dining and other accessory business purposes without further approval required; and • J0 M 01"tor, (Ko (IMM III Rollo $Nag 1101 it, I WHEREAS, the City Commission • the City of Delray Beach, Florida, desires to ituthorize the LICENSEE to use public air space over the public right of way for said purposes, ?ubject to the terms and conditions set forth herein. NOW, THEREFORE, FOR THE MUTUAL COVENANTS AND MATTERS SE FORTH HEREIN, AS OF THE DATE SET FORTH ABOVE, THE PARTIES HEREB AGREE AS FOLLOWS: I I . IncoKporation. The recitations set forth above are true, correct, incorporatem R a, 2 a 61 ri r M" I Iq to In twsj ro 5. Public Use. The City asserts that by entering into this Agreement with th& LICENSEE for the exclusive use of the air space above public right-of-way at the Subject Property, there is no waiver or abandonment of the public right-of-way in any form. 6. Notice. Notices required to be provided pursuant to this Agreement shall be se via written correspondence sent via certified mail, return receipt requested, to the follo addresses: To City: City Manager 100 N.W. I st Avenue Delray Beach, Florida 33444 To LICEI SEE: Bright Horizons Investment Corp. 32 East Atlantic Avenue Delray Beach, Florida 33444 2 With Copy To: Jeffrey C. Lynne, Esq. Weiner, Lynne &Thompson, P.A. 10 S. E. I" Avenue, Suite C Delray Beach, FL 33444 •. Subject to Easements and Other Rights. Permission for the LICENSEE to use the Licensed Premises is subject to all other licenses, easements and rights of record and any and all other laws, rules and regulations governing the use of the Subject Property. 3 11. Access to Licensed Premises. The CITY shall have access to the Licensed Premises at all times during LICENSEE's regular business hours. The LICENSEE agrees that of the right of way of Atlantic Avenue. 12. Non-Disturbance. LICENSEE shall ensure that all of the operations which occur on the Licensed Premises are conducted in an orderly manner so as not to unreasonably annoy, disturb or to be offensive to residents or others in the immediate vicinity of the structure. 13. Insurance. LICENSEE shall purchase and maintain insurance providing liabilim coverage on the Licensed Premises during the term of this Agreement in a commercial reasonable amount acceptable to the CITY and shall name the CITY and State • Florida additionally insured parties. 14. Work Pursuant to Codes. Any improvements made to the Licensed Premises shall be undertaken according to CITY specifications, pursuant to CITY ordinances, and shall meet zpplicable codes. 15. Termination by City. In addition to the other grounds previously stated herein, the occurrence of any of the following shall also serve as ground • which the CITY may terminate this Agreement: (b) Institution of proceedings in involuntary bankruptcy against the LICENSEE if such proceedings lead to adjudication of bankruptcy and the LICENSEE fails within ninety (90) days to have such adjudication reversed. (c) The building and licensed premises is no longer operated as the 32 East Restaur!vd. 10 18. Modifications in Writing. No modification to the License Agreement shall be effective, unless in writing and signed by both of the parties hereto. 20. Assignment. LICENSEE may not sub-license any portion of the Licensed, Premises to any person or corporation or other entity without the prior written approval of the CITY, and any such sub-license or other arrangement shall be in writing and expressly be subject ► all the terms and conditions of this License Agreement and shall conform to all applicable laws, ordinances, and regulations. 21. Entire Agreement. This Agreement constitutes the entire Agreement between thn. parties with respect to the subject matter hereof and supersedes all prior, verbal or written Agreements between the parties with respect thereto. 22. No Waiver. That no assent, express or implied, by the either party to any breach of this A- ement shall be deemed to be a waiver of ankA covenants. 23. Jurisdiction. Any disputes between the LICENSEE and the CITY shall be governed by the laws of the State of Florida with venue in the County of Palm Beach. IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed as of the date first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA MMM in 5 ITMIM� 33y� LICENSEE: 0 MAW 0 =- EM �Ml H M= r= � STATE OF FLORIDA IV 6 CwCjvPidTJe4r.1W I 1=4161=f President Signature of Notary Public - State of Florida Print, Type or Stamp Name of Notary Public 11 9 I dJ 6 -Y6 gvl� - 9 I dJ . . . . . . . . . . . . . . I I I I ML M =Mm 0 IF F to Im 0 f -,I k' 101 w & W� iM-161 and hereinafter referred to as ("Owner"). W I T N E S S E T H: WHEREAS, Owner, has requested approval to install a canopy on the structu located at 92- e- A'IZAATc A-0, Delray Beach, Florida in accordance with Exhibit '-i and pursuant to the requirements of the Land Development Regulations of the City of mzmlm ♦ �..= WHEREAS, the Land Development Regulations of the City of Delray Beach, Florida in Section 6.3.4 requires approval of the Chief Building Official through' approval MEMOMMM WHEREAS, Owner agrees to abide by all the regulations governing canopies extending into the public right-of-way as contained within the ordinances of the City a NOW, THEREFORE, FOR THE MUTUAL COVENANTS AND MATTERS S FORTH HEREIN, AS OF THE DATE SET FORTH ABOVE, THE PARTIES HERE(EJ3 AGREE AS FOLLOWS: K— Owner acknowledges that the City shall assume ♦ liability or responsibility for said land, structures, improvements, materials, appurtenances or the partial or complete destruction or removal ♦ the same ♦ the subject property. 3 X\ Nx- W=$# By:_ City Attorney IF A (name typed or handwritten) WIMM"NRY10,1zle Kola rafirsky"'h4wal • . I , [SILEKSK01 2:14 WMANTE **--I ar-IT41:1 1 al -Am MM WA- -TWILITJ Mort 1 Big! VYJ The foregoing instrument was acknowledged before me this �6� day of 200_L by -a"e-bae'A actBu- (name of officer or agent, title of officer or agent), of �-r WIZ"&e of corporation acknowledging), a (state f A corporation, on behalf of the corporation. He/She is O=Zall known t— y_ o mp-Sr has produced did/did not take an oath. (type of identi ication) as identification and Signature of Person/Taking Acknowledgment Oil to WO 0, NEW WO ST EL COL" TOE '15 PANTED PROPERTY LINE IN BAR AREA (EXISTI"'p, OAR VAX) MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Douglas E. Smith, Interim Manager DATE: January 14, 2013 SUBJECT: AGENDA ITEM 10.N. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 MODIFICATION NO.3 TO THE NSP -1 GRANT AGREEMENT (ADDENDUM) ITEM BEFORE COMMISSION Approval is requested for Modification No. 3 of the Neighborhood Stabilization Program (NSP) 1 Grant Agreement IODB- 4X410- 60 -02 -F 10 to extend contract ending date to August 15, 2013. BACKGROUND The City of Delray Beach NSP -1 Subgrant Agreement with Florida Department of Community Affairs (DCA) was executed on February 5, 2010. Awards were made based on the DCA two year contract period. DCA is initiating Subgrant Agreement Modifications for an additional year to allow local government's time to substantially complete projects. City Commission approved at the July 7, 2011 City Commission meeting to extend the contract ending date to February 4, 2012. City Commission approved at the September 6, 2011 City Commission meeting to extend the contract ending date to February 4, 2013. This modification will extend the contract ending date to August 15, 2013. FUNDING SOURCE Neighborhood Stabilization Program 118 - 1934 -554 -62.12 RECOMMENDATION Staff is recommending Modification No. 3 of the Neighborhood Stabilization Program (NSP) 1 Grant Agreement IODB- 4X410- 60 -02 -F 10 to extend contract ending date to August 15, 2013. Department of Economic Opportunity — Neighborhood Stabilization Program Modification to Subgrant Agreement 10/1/2011 MODIFICATION NUMBER 3 TO SUBGRANT AGREEMENT BETWEEN THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND (TYPE IN LOCAL GOVERNMENT NAME.) This Modification is made and entered into by and between the State of Florida, Department of Economic Opportunity, ( "the Department "), and City of Delray Beach, ( "the Recipient"), to modify DEO /DCA Contract Number lODB- 4X- 10- 60 -02 -F 10, award dated February 5, 2010 ( "the Agreement "). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrant of $1,905,005.00 to Recipient under the Neighborhood Stabilization Program ( "NSP ") as set forth in the Agreement; WHEREAS, the Department and the Recipient desire to modify the Agreement; WHEREAS, pursuant to the provisions of Chapter 2011 -142, Laws of Florida, the DCA Division of Housing and Community Development was transferred to the Department of Economic Opportunity effective October 1, 2011; and the parties wish to reflect the new name. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: ❑ Reinstate Agreement 1. The Agreement is hereby reinstated as though it had not expired. ® Extend Agreement 2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of August 15, 2013. ® Revise Activity Work Plan 3. The Attachment 1, revised Activity Work Plan section, which is attached hereto and incorporated herein by reference. ❑ Revise Program Budget and Scope of Work Department of Economic Opportunity — Neighborhood Stabilization Program Modification to Subgrant Agreement 10/1/2011 Modification Number: 3 DEO /DCA Contract Number: IODB- 4X- 10- 60 -02 -F 10 Recipient: City of Delray Beach Page 2 ❑ Change in Participating Parties 5. The Attachment A, Program Budget section, is hereby modified to delete all references to "(Type in name, if applicable.)," as the Participating Party, and replace them with "(Type in name, if applicable.)" as the Participating Party with the understanding that the Recipient and the new Participating Party will enter into a Participating Party Agreement containing provisions and caveats that meet or exceed the conditions agreed to in the Participating Party Agreement between the Recipient and the original Participating Party. ❑ Inclusion of an Unmet Need as Addressed in the Original Application 6. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. 7. The Attachment , Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment Activity Work Plan section, which is attached hereto and incorporated herein by reference. ❑ Change in Number of Accomplishments and /or Beneficiaries 8. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. ❑ Reflect Change in Agency from DCA to DEO 9. This modification to the Subgrant Agreement hereby replaces "Department of Community Affairs" with "Department of Economic Opportunity" where appropriate in context. ❑ Other: (Type in the reason for the modification.) Department of Economic Opportunity — Neighborhood Stabilization Program Modification to Subgrant Agreement 10/1/2011 Department of Economic Opportunity — Neighborhood Stabilization Program Modification to Subgrant Agreement 10/1/2011 Modification Number: 3 DEO /DCA Contract Number: IODB- 4X- 10- 60 -02 -F 10 Recipient: City of Delray Beach Page 3 All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. Department of Economic Opportunity an Name: Ken Reecy Title: Assistant Director Division of Community Development Recipient: City of Delray Beach Name: Thomas F. Carney, Jr. Title: Mayor Date: Date: o � Cl) oa LO oo� Uy N LL C9 LL — a I z z } X W N wcoLLI O N0 a- J HT- co LLfAHHO: aI �O I o0cia Q W J Oda 0 o:a0 m CL = Q W Z 0 L LL V R O m O �D i O QX o� m U� 0 Z ~U Z QN W IAA a� Z LuO w 0 2 .5 R a v C R 64 T O C - p a).°- 0 LCU: � S2 E of Q -0 6q, U) E 2 LU w 0- ° 0 a) 0 o � 0 of � o ° o 'E -0 cl o�w co U O . O 06 0 ° _ C C C O U Z LL ° CL m o � U a) � O Q O CO a) U � N of L C O =p o C Q C U w ° ° o >_' a) Li a) coi a) ° C — moo o m _ O o o o coi E 0 a) a) o> �.�U.�U p= a) 0 0-0 c c CL Cl) O a) U _ O (n C O p 0 N Q -� -6 5 p p E a3 c a)°E°Uo ° C LL C o U C p a) O cc '> O o 0 o 0 0 UZD 0 a) O +a CC) O p Dots > U U° c r c U) O a3 a3 W C O O 0 0 0 O O Q c 0 N.2 a) 'O a) a) a) N _ R _0 N a�i E o U E 0 E E E 3 a) ai a) a) a) a) Q O Q E co: O Q O 16 0 a) a) a) V N N N N N o a2u C >�' >am��� a E E E a E E E o LL N C c2 a)2- a) V 7 00- 0 0 0 , O O OU O g � o oU O N O o w —cn— a) a) a) U fn — C 0- — C — C UUY U UY `p } E O ) 0 p 0 0 0 0 0 } Y Y } Y Y } >> >> 0 >> >> 0 E> v E v-0 v P: o 0 \ ~ o 0 \ ~ U ac)w— O C C O C v —� C —��� = O == O O U aC�(D� m Cp 0 O U <c)(c) m Cp 0 O U a -0 `m T oo O O O O O o 0 0 0 w C) o 0 0 0 0 0 0 0 0 0 O N O N C\7 N V N LO N 1- N 0') O O E ° o o_ o_ o_ o_ o_ o_ 000 C) O C) O O O O O O O O O a)� C N NNN NNN 0 NNE O O (0 L( N (\7 IT LO 1— D E w 0 2 .5 R a v C R 0 m 0 9 m L o L 0 LL 04 0Z& �0\ o� 20 oLu\ 0!>-(L 0k0 0 CL � �L _ 0 w 2 \ \ \ nW) Q _- 2m & m� w F- LU 2 CL -J/2 F- OR■ aRma _LL �CD 2 @o 4\ o� 0 qo 0 2 e® 0 E� aR wk � 0 / t k : .? % 2 � � 2 G y) Ef \$ 0\ƒ/ =2�6 02\ E " o 0 ec =\ I0�/ e e Co 7o g 2 CP a ®§-0 0 > Ucc t f / k 0 /\ £§. E \%W �U) �0� kk 7 u 23/ e» a§ _ ± @� cc § cc 2 U) \/ kc j \ 2 § 0-§ u a °_ _. 2 <£= -c 2R 2 / k k7§% = =2 = =2 e BO E -3 °5 §337 cc I f§77E f22E 2 [ $ Cl) 2\\/ �\\/ S n m \ ,00 oo § - 0 o §k\ \ /\ \ § cn e °ay\ eyy\ _ ox\=o <eme omeo me = m o e 7 $ W 7 7 / cu z z a d / \ \ § o $ < < G CU � E � 0 / t k : .? % 2 � � 2 G Re: Neighborhood Stabilization Program — Modification 92 Grant Agreement Number 1, ODB-4X- I 0-60-02-F 10 We have reviewed your letter requesting, approval to modify the referenced Grant Agreement to revise the Program Budget and Scope of Work, the Activity Work Plan, and to extend the grant period through February 4, 2013. The review indicates the requested changes are acceptable, Enclosed is a copy of the formal signed amendment. Please keep these documents with your copy of the approved Agreement. If you have questions regarding this modification, please call me Ms. Denise Papz�jorgji, NSP Grant Manager at (850) 717-8408. BD/dp Enclosure 0/ cc: The Honorable Nelson S. MeDuffie, Mayor V Vr� 2555 SHUMARD OAK BOULEVARD e TALLAHASSEE, FL 32399 -2109 850-488-8466 (p) � 850- 921 -0781 (f) o Webs�t,e-, www.dca.state.fl.us COMMUNITY PLANNING 850-4BB-2355(p) 65D-486-3309(f) o FLORIDA COMMUNITIES TRUST 850-922-2207(p) 650-921-1747(f) o HOUSING AND COMMUNITY DEVELOPMENT 850-488-7P56(p) 850-922-5623(q o Department of Community Affairs — Neighborhood Stabilization Prograrn Modification to Slubgrant Agreement 3123/2011 MODIFICATION NUMBER 2 TO SUBGRANT AGREEMENT BETWEEN This Modification is made and entered into by and between the State of Florida, Department of Community Affairs, ("the Department"), and City of :Delray Beach.), ("the Recipient"), to modify DCA Contract Number LOCH -4 - 1O- d0 -02 -F 10, award dated February 5, 2010 ("the Agreement"). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrant of S1,905,005.00 to Recipient under the Small Cities Community Development Block Grant ("CDBG") Program as set forth in the Agreement-, WHEREAS, the Department and the Recipient desire to modify the Agreement; NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 11 � 1, The Agreement is hereby reinstated as though it had not expired. 111111 7 , 2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of Lebru C, arv4 Z Revise Activity or Plan 3. The Attachnient B, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan section, which is attached hereto and incorporated herein by reference. 4. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference. Department of Community Affairs — Neighborhood Stabilization Program Modificationto Subgrant Agreement 3/23/2011 . .. . ...... .... Modification Number: 2 Recipient: City of Delray Beach Page 2 E� 5. The Attachment A, Program Budget and Scope of Work section, is hereby modified to delete all references to "(Type in name if applicable. ,," as the Participating Party, and replace them with "(TvDe in name, if applicable.)" as the Participating Party with the understanding that the Recipient and the new Participating Party will enter into a Participating Party Agreement containing provisions and caveats that meet or exceed the conditions agreed to in the Participating Party Agreement between the Recipient and the original Participating Party. F-1 Inclusion of an Unmet Need as Addressed in the Original Application 6. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference. 7, The Attachment 13, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan section, which is attached hereto and incorporated herein by reference. ❑ (,,'hange in Number of Accomplishments and/or Beneficiaries 8. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference. E] Other: (Type in the reason for the modification.) All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be per-formed at the level specified in the Agreement. Department of Cz)mmunity Affairs — Neighborhood Stabilization Program Modification to SU be" ranit Agreement 3/23/2011 Modification Number: 2 Recipient: City of Delray Beach Page 3 IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. Department of Community Affairs By: Name: Ken Reecy Title: Director, Division of Housin g and Community Development Date: C� Z- 91 Ar A to 0 —< C14 w 0 —< :� f�CS C11 LL CY) U- UJ 0 (D 0 tFk F- z Uj Z (n O= UJ 000 0 -j LLJ 0 LLJ CD U- ,cc 0 w LU 0 z 0 LLJ co z 0 > 0 C C Y-0 FS CO C) CL tiF Z-- — w LIJ 0 0 FD ui z Ar A to 2w. 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" U Q a JAG + +, — a E — � o E �! _ _. — o E o c cm E CL C CL E CL, C C�J Q QJ 0 c a a o o ' 'E E E o � ` `� 0 E E E o C E E E o � E E E 0 0 C U � � 0 �0 as a CD a �° 1 15 a a U G G— , , c as 2 2 0 � G G— o o 0 0 � �- 0 0 a a m m o o o o G G- 0 0 0 0 �ra^45 _ _ , ,•. ^ ^� i iC.S C C.7CJ O •0 � G"" D O A A 4 4 � 0 0 4 4 6 dam O 4 4 q o G � �O P P�1M1 C � �0 P PY0 • U) ' �i ' '�3 c co � � (iii o o � � �n C C7 ' ' �7 C C5 _ _,p m m 0 0 0 0 � � m m ( (o a a� a3 N N \ \ . .4, LJ E 4� t� Q a� is M ro LLJ U) - �a Ecr C) . CL Lij E u 0 "ate com a a CLC LL ,. o 04 05 a E 0-a CNI U. 0 C IL o 4- ca uj 0 tB5 44 CO CL 0 0 D - m 0 :E a- �a 0 0 0 0 CL 03 LU ar � ,= L. c am? CL LU a U �aa a c, ins aka 4 ' a as as 8 — 0 ' �, cum �? — u) (n w u� — 2 ' as �s �a �a — as a� as T as — CL U. s o co o E E o E ti o co E E Cy 0 00 E E 0 0 00 r C Q O C) X 0 0 () .q.^ O 0 C) 0 C) C7 -, U 0 9 U 0-, C7 U u C) x u CO e co(D0 c7ii7w mto0 < mtai — 0 x (" 00 0m4D 0 ui z z z C li:5 co z Z z N a s STATE OF FLORIDA "Dedicated to making Florida a better place to call home" CHARLIE GRIST Governor Mr. P. Nigel Roberts Neighborhood Services Administrator City of Delray Beach 100 N.W I" Avenue Delray Beach, Florida 334-44 Re: Neighborhood Stabilization Program — Modification #1 Grant Agreement Number I ODB-4X- 10- 60 -02-F 10 F11MINNINFETMEXIN THOMAS G. PELHAM Secretary We have reviewed your letter requesting approval to modify the Project Budget and Accomplishments for the referenced Grant Agreement. The review indicates the requested changes are acceptable. Enclosed is a copy of the formal signed amendment. Please keep these documents with your copy of the approved Agreement. If you have questions regarding this modification., please call me at (850)487-3644. Enclosure Sincerely, J q. � , Dupree, Co mm pity Program na e , Florida Small Cities CDBG, Disaster Recov'ry and Neighborhood Stabilization Programs cc: The Honorable Nelson S. McDuffic, Mayor Mr. William Bedford, Department of Community Affairs 2555 SHUMARD OAK BOULEVARD * TALLAHASSEE, FL 32399-2100 850-488-8466 (p) o 850-921-0781 (f) 0 Webs�te: www,dca tate fl,us COMMUNITY PLAWNG 850-483-2356 (p) 850488-3309 (f) * FLORIDA COMMUNITIES TRUST 850-922-2207 (p) 850-921-1747 (f) a HOUSING AND COMMUNITY DEVELOPMENT 850-488-7956 (p) $50-922-5623 (f) 4 MODIFICATION NUMBER _ _ TO GRANT AGREEMENT BETWEEN THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE CITY OF DELRAY BEACH This Modification is made and entered into by and between the State of Florida, Department of Community Affairs, (the Department "), and City of Delray Beach the Recipient"), to modify DCA Contract Number 1ODB- 4X- 10- 60 -02 -F 10 award dated 215110 ( "the Agreement"). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a grant of 11,905,005 to Recipient under the Neighborhood Stabilization Program ( "NSP ") as set forth in the Agreement; WHEREAS, the Department and the Recipient desire to modify the Agreement; NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: o Revised Activity and Budget Summary and Inclusion of an Unmet Need as Addressed in the Original Application. The Attachment A - Activity and Budget Summary section of the Agreement is hereby deleted and is replaced by the revised Attachment A - Activity and Budget Summary section, which is attached hereto and incorporated herein by reference. 2. NSP individual Strategy Budgets that support the Budget Summary have been revised to reflect budget changes and are attached hereto ane incorporated herein by reference. 3. Changes in the number of accomplishments and/or beneficiaries have been made to the above mentioned documents. Yes X No N/A 4. The Attachment I — Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment I — Activity Work Plan. Indicate if this applies to this modification request by checking yes or no: Yes X No o Change in Target Areas and Application Narrative 5. Reason for change N/A 6. Additional census tracts or neighborhoods added N/A Modification 1% C,1, CoTtrWr'Wu-nber: IODB-4X-10-60-02- I1 Recipient: City of .elray �eacl� !gage 2 7. Census tracts or neighborhoods deleted if any 8. Changes have been made to the Application Narrative: to reflect budget modification, proposed accomplishments and/or beneficiaries and target area changes (census tracks or neighborhoods to be addressed). 9. DCA request to, reallocate disposition line item funds, to the acquisition line item. Should any provision of this modification affect the approved Environmental Review on file with the Department, Recipient must submit an updated Environmental Review with a new site strategy. All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the set herein. Department of Co n mun ft Affairs By: 7" Name: Michael Richardson Title: Assistant Secretary and Acting Director of the Division of ll client Named -J By: 'Title: llousing,an� , �omjriunity Development Date: IX Date: ra Approved as to d ,gal st,liticimy: e 8y: - NSP01.10 city Attorn W�l 7'-"T� 07/23/2010 m 0 W 9 N O a XI J z LL MI O r� m 0 0 U °NI n t9 N �i C of , N Oq � I X a O L' E � zr r c .. e Jw iy C d iF u $' a o A, i, a m E 0 l7 a p J .J y� C � a y N � d V � [ O oVi °o Co 6 16 o0 � 0 o 0 0 0 °o ° p ci 4 H N N 69 H bi eq bq bi 09 H H w C 3 m oYm O Q c a� O « v L C E av E E z c 4 0 qq� a F Y W .N �^ o a T c v a' c N O � v T o n u L a M M a m S° m io 0 4 Q T � c � 3 T a R a o a to d m r 6 0 0 °N 0 O 0 O 0 4 0 pp 0 4 pp A N r 8 0 ry ti 0 0 O g �0 p�j 0 O N 4 O N df N Vl N 1/i N N W C6 tN9 Cqi �� MM Y� q Yi W p a d4 O, pj p o 3 u w � y p v a a N � � � m Z a w R 4 N � Q p a V [C ` SK tYa 4 a m a Y a W a q ¢ ¢ ¢ O a a o 0 o s° a s° q 4 x Ix o S� N N V N W N M S W Q r tit � t0 h N � 0 � Ol 2 a' LU 0 O O K 0 N w ,M "a O w o W D 6 z a � u � M y a m a i � v 6 N r R � �a L w � � a u ex a c d R R � � a m s s C m O u a K a C a O o � n a E Q i R a +O' R O O a A O r N C w � C u u Y � d 9 � a m p� C Z d i o 71 R 9 O 0! a R Fr � s c Y m n C6 3. R e m 'z A 9 O - A E 9 d c � a O W r u 4 R r N A > ai a e v R Q m �jl?� '"SM STATE OF FLORIDA "Dedicated to making Florida a better place to call home' CHARLIE GRIST Governor The Honorable Nelson S. McDuffie Mayor, City of Delray Beach 100 N.W, l" Avenue Delray Beach, Florida 33444 Re: Neighborhood Stabilization Program — Award Agreement. Dear Mayor McDuffIle: THOMAS G. PELHAM Secretary We are pleased to return to you the executed Neighborhood Stabilization Program (NSP) Subgrant Agreement with the De artment of Community Affairs (DCA). The Agreement must be retained in your official NSP files and made available for public review upon request. Please note the fallowing instructions before beginning your project. 0 Igo not incur or obligate more than $5,000 in expenses until you complete an environmental review of the project and receive a release of funds notice from the Department. You may incur up to '$50,000 in administrative costs to cover the environmental review and other start -up activities, if you requested and received approval to incur pre - award east. a Your contract contains performance related Program and S ecial Conditions (Attachment J) that must be met before hands for construction maybe drawn. Review your contract immediately and begin the process of meeting applicable Program or Special Conditions. Your contract also contains important information on reports that must be submitted periodically (see Attachment D). Forms for the reports can be found on the Department's web site. Also, the De artment cannot process an electronic payment request for an amount less than $5,000 (punless it is the final payment). Due to the urgency of implementing NSP at the local government level, we are executing the contract with you under the condition that should your, Activity Work Plan not be finalized, it must be revised and formally approved by DCA prior to the draw down of funds. 2555 SHUMARD OAK BOULEVARD 4 TALLAHASSEE, FL 32399 -2100 850- 488 -8466 (Ia) * 859- 921 -0781 (f) 0 Website ww_w.c9ca.state.fl.us COMMUNITY PLANNING 850-488-2356(p) 850-488-3309n) a FLORIDA COMMUNIT'IES TRUST 850-922-22074p) 850-921-1747(i 4+. 6 HOUSING AND COMMUNITY DEVELOPMENT 850 - 4888- 7956(P) 8517- 922 -5623 tl0 The Honorable Nelson S. McDuffie Page 2 We look forward to working with you and will provide technical assistance upon request. If ou have questions about your grant, please contact Deborah de la 0 at 850,-922-1791 of dXa.delaogdca.state.f1.us. JD/dad Enclosures Sincerely, ac u lye W. D pre j, Community Program Manager to i a Small Cities CDBG, Disaster Recovery an i , 9 `Neighborhood Stabilization Programs 6 7EB STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS -1, L Contract Number: I0DB-4X-10-60-02-F 10 THIS AGREEMENT is entered into by the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and the City of Delray Beach, 100 N . I" Avenue, Delray Beach, Florida 33444 (hereinafter referred to as the "Recipient"), THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Department has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. The Department has statutory authority to disburse the funds under this Agreement. THEREFORE, the Department and the Recipient agree to the following: (1) SCOPE OF WORK The Recipient shall perform the work in accordance with the Budget and Scope of" Work, Attachment A and Activity Work Plans, Attachment I of this Agreement, and the Sub-grant Application submitted by the Recipient including subsequent revisions that are mutually agreed to by both parties, which are incorporated herein by reference ("the Sub-grant Application"). (2) fNCORPOPATION OF LAWS, RULES, REGULATIONS AND POLICIES The Recipient and the Department shall be governed by the 2008 State of Florida Action Plan Substantial Amendment and applicable State and Federal laws, rules and regulations, including those identified in Attachment B, (3) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties, and shall end twenty-four (24) months after the date last signed, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. Contract extensions will not be granted unless Recipient is able to provide substantial justification, and the Division Director approves such extension. Extensions will be in accordance with the guidelines established in the 2008 State of Florida Action Plan Substantial Amendment, (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. Rev 0"713112.004 Page I (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 803 1) or OMB Circular No. A -110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No,A - 122, "Cost Principles for Nonprofit Organizations," If this Agreement is made with a commercial (for-profit) organization on a cost-reirnbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 3l ,2 (b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of six years from the date the audit report is issued, and shall allow the Department or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit working papers are available to them upon request for a period of six years from the date the audit report is issued,un less extended in writing by the Department, The six year period may be extended for the following exceptions: 1. If any litigation, claim or audit is started before the six year period expires, and extends beyond the six year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for six years after final disposition. 3, Records relating to real property acquired shall be retained for six years after, the closing on the transfer of title, (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all prograrn costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations, (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents, "Reasonable" shall ordinarily mean during normal business hours of 8:001 a.m. to 5:00 p.m,, local time, on Monday through Friday, "Agents"' shall include, but not be limited to, auditors retained by the Department, (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Department, "Reasonable" shall ordinarily mean normal business hours of 8:001 a.m. to 5:00 p.m., local time, Monday through Friday. Rev 07/31/2009 Page 2 (c) The Recipient shall provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement, (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A -133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised, EXHIBIT I to this Agreement shows the Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awardsj ncluding Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in accordance with the provisions of OMB Circular A-] 33, as revised, the cost of the audit must be paid from non- Federal funds, (e) Send copies, of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d),OMB Circular-A-133, as revised, by or on behalf of the Recipient to: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [also send an electronic copy to aurilia.parrish@dca.state.,fl.usI and Department of Community Affairs Florida Small Cities Community Development Block Grant Program/NSP Program 2555 Sbumard Oak Boulevard Tallahassee, Florida 32399 -2100 Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at http://hai'vester,census.gov/fac/coIIecL/ddeindex.htm] And to any other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (0, OMB Circular A-133,as revised. (0, Pursuant to Section .320 (0, OMB Circular A-133, as revised, the Recipient shall send a copy of the reporting package described in Section 320 (c),O MB Circular A-133, as revised, and any management letter issued by the auditor, to the Department at the following addresses: Rev 07/3112009 Page 3 Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 jalso send an electronic copy to aurilia,parrishgdcastate.1l,usI and Department of Community Affairs Florida Small Cities Community Development Block Grant Program/NSP Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) By the date due, send any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients should state the date that the reporting package was delivered to the Recipient when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General, (i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be hold liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Department has notified the Recipient of such non-compliance, 0) The Recipient shall have all audits completed by an independent certified public accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla, Stat, The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Department no later than nine months from the end of the Recipient's fiscal year. (7) REPORTS (a) The Recipient shall provide the Department with monthly reports and a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other infori-nation requested by the Department. (b) Monthly reports are due to the Department no later than 15 days following the last day of the preceding month and shall be sent each month until submission of the administrative close-out report. The ending dates for each month shall be the last calendar day of the month, (c) The close-out report is due 45 days after termination of this Agreement or 45 days after completion of the activities contained in this Agreement, whichever first occurs, (d) If all required reports and copies are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Department" means that the work product was completed in accordance with the Budget and Scope of Work. Rev 0713112009 Page 4 Department, (e) The Recipient shall provide additional program updates or information that may be required by the (f) The Recipient shall provide additional reports and information identified in Attachnient D. (8) MONITORING The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachments A and I to this Agreement, and reported in the monthly report. In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures may include, but not be limited to, on-site visits by Department staff, I imited scope audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit, The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla, Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Department harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement, For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla, Stat, Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies, Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract, (10) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Department to make further payment of funds shall, if the Department elects, terminate and the Department has the option to exercise any of its remedies set forth in Paragraph (11), H owever, the Department may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Department is or becomes false or misleading, in any respect, or if the Recipient fails to keep or Rev 07/31/2009 Page 5 perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Department and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Department, (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations Linder this Agreement. (11) REMEDIES If an Event of Default occurs, then the Department may, upon thirty calendar days, written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of such termination, The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (13) herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Department any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds, (e) Exercise any corrective or remedial actions, to include but not be limited tw I . request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, not corrected, in question, or 2. issue a written warning to advise that more serious measures may be taken if the situation is 3. advise the Recipient to suspend, discontinue, or refrain from incurring costs for any activities 4, require the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; (1) Exercise any other, rights or remedies which maybe otherwise available under law. (g) Pursuing any of the above remedies will not keep the Department from pursuing any other remedies in this Agreement or provided at law or in equity. If the Department waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Department, or affect the later exercise of the same right or remedy by the Department for any other default by the Recipient. Rev 07/3112009 Page 6 (12) TERMINATION (a) The Department may terminate this Agreement for cause with thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform in a timely manner, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under, Chapter 119, Fla. Stat., as amended. (b) The Department may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment shall state the effective date of the termination and the procedures for proper closeout of the Agreement, (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed, The Recipient shall not be relieved of liability to the Department because of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Department from the Recipient is determined. (13) NOTICE AND CONTACT (a) All notices provided Linder or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement, (b) The name and address of the Division contract manager for this Agreement is: Deborah de la C), Grant Manager Department of Community Affairs, Division of Housing and Community Development, Small Cities Community Development/ Neighborhood Stabilization Program, 2555 Shum:ard Oak Boulevard, Tallahassee, Florida 32399-2100 Telephone: (850) 922-1791 Fax: (850) 922-5609 Email: De horah, delao@d ca. state, Mus (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Honorable Woodie McDuffie, Mayor City of Delray Beach 100 N,W. I't Avenue: Delray Beach, Florida 33444 Telephone: (561) 243-7282 Fax-. (561) 243-7221 Email: wmeduffie,@mydeiraybeach.com Rev 07/31/7009 Page 7 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as stated in (I 3)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Department for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by lave. The Recipient shall document in the monthly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the fallowing attachments (check all that are applicable): ® Exhibit 1 - Funding Sources ® Attachment A — Budget and Scope of `Work ® Attachment B — Program Statutes and Regulations ❑ Attachment C — Recordkeeping (N/A) Attachment D — Reports Attachment E — Justification of Advance (N/A) Attachment F — Warranties and Representations Attachment G — Certification Regarding Debarment ❑ Attachment H — Statement of Assurances (N /A) ® Attachment I — Activity Work Plans Z Attachment J — Program and Special Conditions IZ Attachment K -- Signature Authorization Form (17) FUNDING /CONSIDERATION (a) This is a coast- reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $ 1,905,005,00, subject to the availability of funds, Rev 07/31/2009 Page 8 (b) Any advance payment under this Agreement is subject to Section 216,181(16), Fla,Stat., and is contingent upon the Recipient's acceptance of the rights of the Department Linder Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. Any advance payment is also subject to federal OMB Circulars A-87, A -110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested below, the budget data on which the request is based and ajustification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds, F1 An advance payment is requested in the amount of $0.00. (check and complete if applicable) (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer', or under subparagraph (I 9)(h) of this Agreement, all obligations on the part of the Department to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Department. (18) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs" and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215 „34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of Fifteen Dollars ($15.00) or Five Pei-cent (5%) of the face amount of the returned check or draft, whichever is greater. (19) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Department request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Department and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient, (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County, If any provision of this Agreement is in conflict with any applicable statute or rule,o r is unenforceable, then the provision shall be null and Rev 07/3112009 Page 9 void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the term of this Agreement. (d) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original, (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U,S,C, Section 12 101 et-sM) and the Florida Civil Rights and Fair Housing Acts (sections 760.01 — 760.37, Florida Statutes), which prohibit discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, state and local government services, and telecommunications. (f) A person or organization who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000,00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended,pr oposed for debannent, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a 5-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(g)2. of this certification; and 4, have not within a 5-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement In addition, the Recipient shall send to the Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. Such form must be received by the Department before the Recipient enters into a contract with any subcontractor. Rev 07/31/2009 Page 10 (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon . an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 2.16, Fla. Stat• or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 0) Any bills for travel expenses shall be submitted in accordance with Section 112,061, Fla. Stat. (k) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 11 9,F la. Star., which the Recipient created or received under this Agreement.. (l) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount, (m) The State of Florida will not intentionally award publicly - funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C, Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ( "INA ")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(c) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (o) All unmanufactured and manufactured articles, materials, and supplies which are acquired for public use under this Agreement roust have been produced in the United States as required under 41 U.S.C.1 Oa , unless it would not be in the public interest or unreasonable in cost, (20) LOBBYING PROHIBITION (a) No funds or other resources received from the Department under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency, and belief: (b) The Recipient certifies, by its signature to this Agreement,t hat to the best of his or her knowledge I, No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the masking of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement, Rev 07/31/2009 Page 11 2, If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." 1 The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. S ubmission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U,S, Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ 10,000 and not more than $ 100,000 for each such failure. (21) Q0PYRI_QFIT PATENT AND TRADEMARK PERFORMANCE OF THIS AGREE MENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENTARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or set-vices performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Department for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals,f films, or other copyrightable material are produced, the Recipient shall notify the Department. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre - existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement, (22) LEGAL AUTHORIZATION. The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement, The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement, Rev 07/31/2009 Page 12 (23) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment H. Rev 07/31/2009 Page 13 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FEDERALLY FUNDED *TII-aPjW SIGNATURE PAGE Contract Number I ODB-4X-10- 60-02 -F 10 IN WITNESS -WHEREOF, the parties have executed this Agreement by their du °authorized -,)fficlers on the day, inonth and ,,dear set, rth, below. RECIP'INT DFXkT M" 'T OF CO Iff/- FFAIRS A By; Date: By: (Authorized Signature) / uthorize Signature) (Print Narne) Title: Mavor Federal Tax ID# 59-6000308 DUNS# 07-728-3737 Name: Title: Director, Division of Housing and Community Development Rev 117/3112.009 Page 14 EXHIBIT — 1 nr j THE FOLLOWING FEDERAL RESC,t)RCES ARE" AWARDED TO THE RECIPIENTUNDERTHIS AGREEMENT: Federal agency Catalog of Federal Domestic Assistance title; Catalog of Federal Domestic Assistance 4: Award amount: Development Block nGrant Program U.S.D epartment of Housing and T-Jrban Development Community Development Block Grants/State's Program and Nonentitlement Grants 14.228 $ 1,905,005 THE FOLLOWING COMPLIANCE REQWREMENTS APPLY TO THE FEDERAL RESOtJRCES AWAR1.)ED UNDER THIS AGREEMENT: Compliance Requirement Program 1, The Recipient will fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement, the subgrant application incorporated herein by reference, 24 C,F.R, Subpart /, Sections 570.480 ® 570.497, the Housing and Economic Recovery Act of 2008 (HERA), the State of Florida 2006 Substantial Amendment, and Federal Register Notice Numbers 5255-N-01 and 5255-NO2. 2. The Recipient shall be governed by Rule Chapter 9B-76, F.A.C. and federal laws,, rules and regulations, including but not limited to those identified in Attachments B and J Rev 07/31/2009 Page. 15 Rev 07/31/2009 Page 16 CIO z 00 0 00 ... . . ....... co co a 00 OC, Lo. tn 40. coo tko I W LO 0 0 -0 cr 04 ;!., m o kn P,4 �2, ........ .. . u co u py v 0 J-4 A4 ua o CIO to 1pll. WI cn, �47 cq may. oj LrE91 ----------- kf) 00 CIO rq vi cl ci cl cd 40. 0 m 6" co o rn C� 0 0 0 w-r 0 '.2 r-A 0 0 1 Sa kr) 00 ID10, CD o' cq CTw V) 1r) C) I IN os 0 f3 CD IZI cq CIS iz Lu m 1a �) -d -z- rn A ul r tj can > ca ri Pi P" cz CI utrq=. A7 I ,M= By signature of this Agreement, the local government hereby certifies that it will comply with the following applicable federal and state requirements: nlmm�MEEMH=11 I Community Development Block Grant, Final Rule, 24 34. Flood Disaster Protection Act of 1973, P.L. 92-234; C.F,R., Part 570.602; 35. Protection of Historic and Cultural Properties under 2, Florida Small and Minority Business Act, s. 288702- HUD Programs, 24 CFR Part 59; 288.714, F.&; 36. Coastal Zone Management Act of 1972, P,L, 92-683; 3. Florida Coastal Zone Protection Act, s. 161.52- 161,58„ 37, Architectural and Construction Standards; F.S.; 38. Architectural Barriers Act of 1968, 42 U.S.C. 4151 4. Local Government Comprehensive Planning and Land 39, Executive Order 11296, relating to evaluation of flood Development Regulation Act, Ch. 163, F.S.; hazards; 5. Title I of the Housing and Community Development Act 40, Executive Order 11288, relating i to prevention, control of 1974, as amended and abatement of water pollution; 6, Treasury Circular 1075 regarding drawdown of NSP 41. Cost-Effective Energy Conservation Standards, 24 funds CFR Part 39; 7, Sections 290,0401-290.049, F.$.; 42, Section 8 Existing Housing Quafty Standards, 24 CFR 8. Rule Chapter 9B-76, Fla, Admin. Code.,, Part 882; 9, Department of Community Affairs Technical 43. Coastal Barrier Resource Act of 1982; Memorandums; 44, Federal Fair Labor Standards Act, 29 U.S.C., s. 201 et. 10. HUD Circular Memorandums applicable to the Small seq.; Cities CDBG Program; 45, Title VI of the Civil Rights Act of 1964 - Non- 11 Single Audit Act of 1,984; discrimination; 12. National Environmental Policy Act of 1969 and other 46, Title VII of the Civil Rights Act of 1968 - Non- provisions of law which further the purpose of this Act; discrimination in housing� 13. National Historic Preservation Act of 1966 (Public 47, Age Discrimination Act of 1975; Law89-665) as amended and Protection of Historic 48. Executive Order 12892- Fair Housing Properties (24 CFR Part BOO);; 49. Section 109 of the Housing and Community 14. Preservation of Archaeological and Historical Data Act Development Act of 1974, Non-discrimination; of 1966; 50, Section 504 of the Rehabilitation Act of 1973 and 24 15. Executive Order 11593 - Protection and Enhancement CFR Part 8; of Cultural Environment; 51. Executive Order 11063 - Equal' Opportunity in 16. Reservoir Salvage Act; Housing; 17, Safe Drinking Water Act of 1974, as amended; 52. Executive Order 11246 - Non-discrimination; 18. Endangered Species Act of 1958, as amended; 53. Section 3 of the Housing and Urban Development Act 19. Executive Order 12898 - Environmental Justice of 1968, as amended - Empioyment/Training of Lower 20. Executive Order 11988 and 24 CFR Part 55 - Income Residents and Local Business Contracting; FloodpIain Management; 54. Uniform Relocation Assistance and Real Property 21, The Federal Water Pollution Control Act of 1972, as Acquisition Policies Act of 1970, P1., 100-17, and 49 amended (33 U.S.C., s. 1251 et.seq.); CFR Part 24; 22. Executive Order 119,90 - Protection of Wetlands; 55, Copeland Ainti-Kickback Act of 1934; 23. Coastal Zone Management Act of 1968, as amended; 56. Hatch Act; 24. Wild and Scenic RNers Act of 1968, as amended; 57. Title IV Lead-Based Paint Poisoning Prevention Act 25. Clean Air Act of 1977; (42 U.S.C,, s. 1251 et. seq,); 26, HUD Environmental Standards (24 CFR Part 58); 58, OMB Circulars, A-87, A -102,, A-122, and A -133, as 27. Farmland Protection Policy Act of 1981; revised; 28, Clean Water Act of 1977; 59. Administrative Requirements for Grants, 24 CFR Part 29. Davis — Bacon Wage Rate Act; 85; 30. Contract Work Hours and Safety Standards Act of 60. Section 102 of the Department of Housing and Urban 1962, 40 U.S.C. s. 327 at. seq,„ Development Reform Act of 1989 and 24 CFR Part 12, 31 The Wildlife Coordination Act of 1958, as amended; 61. Title III of Division 6 of the Housing Recovery and 32 The Solid Waste Disposal Act, as amended by the Economic Act of 2,008 (HERA), P.L. 110-289. Resource Conservation and Recovery Act of 1975 (42 62, Approved State of Florida 2008 Action Plan U,S,C_ s, 6901 et. seq.); Substantial Amendment. 33. Noise Abatement and Control: Departmental Policy 63. Federal Register Notice Numbers 5255-N-01 and Implementation, Responsibilities, and Standards, 24 5255-N-02. CFR Part 51, Subpart B; Page 17 ETfrMff"M=—@1 Recordkeeping Not Applicable M The following reports must be completed and submitted to the Department in the time frame indicated. Failure to timely file these reports constitutes an event of default, as defined in Paragraph (10) of this Agreement. 1. The Contractual Obligation and MBE Report must be submitted to the Department by April 15 and October 15 annually, The form must reflect all contractual activity for the period. If no activity has taken place during the reporting period, the form must indicate ``no activity". 2. A Monthly Progress Report must be submitted to the Department fifteen (15) days after the end of the month on the report form provided by the Department. The report is due on the 151"' of the following month, 3. The Administrative Closeout Package must be submitted to the Department forty-five (45) days after the Agreement termination date. 4. In accordance with OMB Circular A-133, revised, should the Recipient meet the threshold for submission of a single or program specific audit, the audit must be conducted in accordance with OMB Circular A-133 and submitted to the Department no later than nine (9) months from the end of the Recipient's fiscal year. 5. The Section 3 Summary Report must be completed and submitted to the Department by July 31 annually, The form must be used to report annual accomplishments regarding employment and other economic opportunities provided to persons and businesses that meet Section 3 requirements. 19 Justification of Advance Payment Not Applicable 20 Warranties and Representations Financial Management Recipient's financial management system must include the following: (1) Accurate, current and complete disclosure of the financial results of this project or program. (2) Records that identify the source and use of funds for all activities, These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest., (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment, Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation, 21 Competition All procurement transactions shall be done in a manner to provide open and free competition, The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bid and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of Conduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs Or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient, W Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site at all reasonable times for business, "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:0O a.m. to 5:00 p.m., local time, Monday through Friday. Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. IN Attachment G Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency, (2) Where the Contractor's subcontractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this foam. (Sub-Contractor's Name) (Authorized Signature) (Print Name and Title) (Street Address) (City, State, Zip) (Recipient's Name) IODB-4X-10-60-02-F 10 (DCA Contract Number) w Attachment H Statement of ss rances Not Applicable w Activity Work Plans 26 Program and Special Conditions The Recipient shall maintain records of expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the contracted budget/activity line items as defined on Attachment A (Budget) and Attachment I (Work Plans),. 2. If necessary, the Recipient shall retain sufficient administration funds to ensure Internet access, including email, for the duration of the Agreement, including any time extensions. If the Recipient does not already have a computer designated to the person responsible for grant oversight, which is located in the program office and capable of Internet access, administrative funds may be used as needed to obtain, at reasonable cost, a computer to allow Internet access. 1 No costs may be incurred prior to the effective date of this Agreement, except for those eligible application preparation costs outlined in the original Subgrant Application submitted to the Department, unless pre- agreement costs were approved in writing. 4. For each professional services contract for which NSP funding will be requested, the Recipient shall submit a!gM of the following procurement documents: a. Public notice of the request for proposals, including an affidavit of publication; b. List of entities to whom a notification of the request for proposals was provided by mail or fax (if applicable); C' For engineering contracts, a list of firms that submitted a proposal (only if short-listing procedure was used); d. Completed short-listing evaluation/ranking forms, including any ranking summary document, and document transmitting the short-listed firms to the Recipient (only if short-listing procedure used); c. Completed and signed final evaluation/ranking forms; f. Recipient minutes approving contract award; 9. Cost breakout from selected firm used for completion of the cost analysis (if pricing information was not submitted with proposals); h, Contract (signed or proposed); M Truth -in- Negotiation certification (if not in the contract) for engineering contracts over $150,000; j. If a protest was filed, a copy of the protest and documentation of resolution; L A request for the Department's approval of a single source procurement if only one firm was considered and the contract exceeds $25,000. Additionally, the Recipient shall not enter into a contract to be paid with NSP funds based on a sole source or single proposal procurement without prior written approval from the Department. Failure to secure prior written approval shall relieve the Department of any obligation to fund said contract. Any previous payments to the Recipient to fund said contract shall be ineligible and shall be repaid to the Department by the Recipient. 1. If a regional planning council or local government is performing services, the Recipient shall submit only a copy of the contract and cost analysis information; and M, If professional services procurement will not be undertaken, advise the Department in writing no later than ninety days from the effective date. 4. Prior to the obligation or disbursement of any funds, except for administrative expenses not to exceed fifty thousand dollars ($50,000), no later than ninety days from the effective date of this Agreement, the Recipient shall complete the following: a. The documentation required in paragraph 3 above for any professional services contract. b,. Comply with procedures set forth in 24 CFR Part 58, Environmental Review Procedures for Title I Community Development Block Grant Programs and 40 CFR Sections 1500-1508, National Environmental Policy Act Regulations. When this condition has been fulfilled to the satisfaction of the Department, the Department will issue a Notice of Removal of Environmental Conditions, 5. The Recipient shall obtain approval from the Department prior to requesting NSP funds for engineering activities and costs which are additional engineering as defined in Rule Chapter 9B-76, Florida Administrative Code. 6. Should the Recipient undertake any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), the Recipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition, including notice WM to the property owner of his or her rights under URA, invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settlement costs, copy of deed, waiver of rights (for donations), as applicable. The documentation shall be submitted prior to completing the acquisition (closing) so that the Department can determine whether remedial action may be needed. This program condition shall remain in effect until the Recipient is released by the Department through written notification. 7. The Recipient will comply with the acquisition and relocation requirements r,ements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601), and implementing regulations at 49 CFR Part 24, except as those provisions are modified by the Notice for the NSP program published by HUD, NSP requires an exception to the Uniform Relocation Act and purchase price requirements under CDBG regulations. URA requires that sellers of property acquired with CDBG funds be paid an amount equal to the appraised value of the property. Properties receiving NSP funds must be purchased at a price which is at least 1% less than the current appraised value of the property. An appraisal by the purchasing entity is required and must have been done within 60 days of any offer. All other URA requirements, including relocation, continue to apply. g. If applicable, the Recipient shall, prior to the disbursement of any NSP administrative funds exceeding $50,000., provide to the Department a copy of all engineering specifications and construction plans, if required, for the activities described in the Agreement The Recipient shall also furnish to the Department, prior to soliciting bids or proposals, a copy of bid documents for services and /or materials to provide those services and/or materials for construction activities when the bids are expected to exceed $25,000. Additionally, the Recipient shall not publish any request for bids for construction purposes or distribute bid packages until the Department has provided its written acceptance of the engineering specifications, construction plans, and bid documents. 9. The Recipient shall affirmatively further fair housing, which means that it shall conduct an analysis to identify impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard. The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to 24 CFR Section 570,487(b)(4). "Annually" shall be defined as an activity for each year or one-third thereof from the effective date of the Agreement to the date of submission of the administrative closeout package,- 10. The resulting product of any activity funded under this Agreement as amended shall be ineligible for rehabilitation or replacement with NSP funds for a period of five (5) years. W I I Any interest in real property (excluding casements) which is assisted, acquired or improved with NSP funds shall be subject, at a minimum, to the affordability requirements of 24 CFR Sections 252 and 254, The restrictive covenants shall be recorded in the public records of the county where the real property is located, and shall be enforceable with respect to the real property for the entire period of affordability. This restriction shall limit the use of that real property to the use stated in the Sub-grant Application. Any future disposition of that real property shall be in accordance with 24 CFR Section 85.31, Any future change of use shall be in accordance with 24 CFR Section 570.4890). 11 The activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, subparts A, B, J, K, and R. For structures constructed prior to 1978, the Recipient shall require that appropriate abatement procedures will be undertaken if lead-based paint is found on a structure scheduled for rehabilitation in whole or in pail with NSP funds and that the owners and/or occupants of the building will be advised: a. The property may contain lead-based paint; b. The hazards of lead-based paint; The symptoms and treatment of lead poisoning; d. The precautions to be taken to avoid lead-based paint poisoning (including maintenance and removal techniques for eliminating such hazards); The need for and availability of blood lead-level screening for children under seven years of age; and 13, The Recipient shall comply with the historic preservation requirements of 24 CFR 58,17 and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitatina Historic 13uildin2s. 14. Pursuant to Section 102(b), Public Law 101-235, 42 U,S,C, Section 3545, the Recipient shall update and submit Form HUD, 2880 to the Department within 30 days of the Recipient's knowledge of changes in situations which would require: that updates be prepared. The Recipient must disclose: a. All developers, contractors, consultants, and engineers involved in the application or in the planning, development, or implementation of the project or NSP funded activity; and b. Any person or entity that has a financial interest in the project or activity that exceeds $50,000 or ten percent (10%) of the grant, whichever is less. WO 15, A final Form HUD 2880, if required, shall be provided to the Department with the request for administrative closeout, and its absence or incompleteness shall be cause for rejection of the administrative closeout. 16. Conflicts of interest relating to procurement shall be addressed pursuant to 24 CFR 570.489(g). Conflicts of interest relating to acquisition or disposition of real property; NSP financial assistance to beneficiaries, businesses, or other third parties; or any other financial interest, whether real or perceived, shall be addressed pursuant to 24 CFR. 570,489(h), 17, The Recipient shall take photographs or video of all activity locations prior to initiating any NSP-assisted activity. As the construction progresses, additional photography or videography shall document the ongoing improvements. Upon completion of construction, final documentation of the activity locations will be provided to the Department with the administrative closeout package. 18. If an activity is designed by an engineer, architect, or other licensed professional, it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package, and a copy of the certification shall be submitted with the administrative closeout package. 19, The Recipient warrants that it possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations and other program requirements, 20. The Recipient shall comply with section 3 of the Housing and Urban Development Act of 1.968 (12 U.S.C, 1701u), and implementing regulations at 24 CFR Part 135. 21, The Recipient will comply with the requirement that all of the NSP funds made available to it will be used with respect to individuals and families whose incomes do not exceed 120 percent of area median income. All funds allocated to assist the NSP Low-Income (NSPLI) target population must be used to provide rental housing for those individuals and families whose incomes do not exceed 50 percent of area median income. 22. The Recipient will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108 loan guaranteed funds, by assessing such costs against properties owned and occupied by persons of low- or moderate - income. No fee may be charged or assessed as a condition of obtaining access to such public improvements. However, if NSP funds are used to pay the portion of a fee or assessment attributable to the capital costs of public improvements assisted in part with NSP funds or financed from other revenue IM sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. In addition, with respect to properties owned and occupied by moderate-income (but not low-income) families, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than NSP funds if the jurisdiction certifies that it lacks NSP or CDBG funds to cover the assessment, 23. The Recipient certifies that it has adopted and is enforcing, (1) a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and (2) a policy of enforcing applicable State and local laws against physically barring entrance to or exit from, a facility or location that is the subject of such non-violent civil rights demonstrations within its jurisdiction. 24. The NSP grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Fair Housing Act (42 U.S.C. 3601-3619), and implementing regulations. 25. The Recipient acknowledges and agrees to comply with the requirement that all purchases of foreclosed or abandoned property must be purchased at a price which is at least 1% below appraised value for individual purchase transactions, with the appraisal being conducted within 60 days of the final offer to the purchase being made. Mitigation of fraud, waste and abuse 26. Recipient shall warrant and assure that no entity receiving NSP funds has been convicted of a State or Federal felony crime: involving fraud, bribery, theft, misrepresentation of material fact, misappropriation of funds, or similar criminal offenses within ten years preceding execution of this Agreement, 2T Recipient shall warrant and assure that no entity receiving NSP funding has defaulted on any obligation covered by a surety or performance bond, or been the subject of a claim under an employee fidelity bond, 28, Recipient shall wart-ant and assure that no developer (non-profit or for-profit) receiving NSP funds has defaulted on a mortgage or had a mortgage foreclosed during the five years preceding the date of execution of this Agreement. 32 29. Recipient shall warrant and assure that no entity receiving NSP funds has unresolved findings that were raised as a result of any Department or HUD audit, management review, or other government investigation concerning the entity, its developments, or contracts. 30. Recipient shall warrant and assure that no entity receiving NSP funds has been in breach of any agreement relating to construction, rehabilitation, use, operation, management, or disposition of real property, or had payments suspended or terminated under any state or federal assistance contract. 31. The Department reserves the right to require the Recipient to contract with a third party management or accounting entity to audit any or all real estate and financial transactions involving NSP funds. I Before disbursing any NSP funds to any entity, the Recipient must enter into a written agreement with that entity. Before disbursing any NSP funds to any entity, the Recipient must either directly or indirectly oversee the execution of written agreements with that entity, including sub-reelpients, contractors, and property owners, that ensure the proper use of funds and compliance with applicable regulations. Sub-recipients must also enter into, or oversee the execution of, written agreements with or between any contractors, property owners, or other entities, prior to disbursing NSP funds. 2. The Recipient shall monitor the day-to-day operations of sub-recipient activities to assure compliance with applicable Federal requirements and performance goals. Recipient monitoring must cover each NSP strategy, function, or activity. Housing Rehabilitation Standards The Recipient shall provide assistance for the rehabilitation of housing in a floodplain only after documenting in the rehabilitation case file for that structure that the Recipient and the beneficiary are in compliance with the Flood Disaster Protection Act of 1973. This documentation must address, at a minimum, elevation requirements, erosion, and water, sewage, or septic tank requirements. Each structure located within a floodplain that is rehabilitated to any extent with NSP funds shall be insured under the National Flood Insurance Program until at least submission of the administrative closeout package, 2. The Recipient must comply with the NSP Housing Assistance Plan (HAP) that was provided to the Department as part of the application process, The Recipient agrees that this Housing Assistance Plan will be followed unless waived by the local governing body and approved by the Department. Department approval is required for HAP revisions made after application deadline, KN 3. Bids for rehabilitation or reconstruction of housing units shall only be accepted from contractors who are properly licensed by the State of Florida, Department of Business and Professional Regulation and any local government agency responsible for oversight. 5. Change orders for housing rehabilitation or reconstruction shall be approved by the housing unit owner or his or her representative, the contractor and a representative of the local government prior to initiation of work based on that change order. 6. To document completion of construction, each housing unit case file shall contain the following information: a. A statement from the contractor that all items on the initial work write-up and those modified through change orders are complete; b. An acknowledgment that the housing unit meets the applicable local code and Section 8 Housing Quality Standards, signed and dated by the local building inspector or the local government's housing rehabilitation specialist; c. A signed statement by the housing unit owner or his or her representative that the work has been completed based on the work write-up and change orders. Should all requirements be fulfilled and the homeowner or their representative refuse to acknowledge completion of the work, the housing unit case file shall be documented with a statement detailing the stated reason for said refusal; T Recipients are responsible for verifying and maintaining documentation verifying that households receiving direct benefit, in the form of hook-ups to potable water and/or sewage collection lines, meet program requirements regarding the low-, moderate- and middle income national objective. The filing system must be maintained locally and at a minimum contain the following: a. The name of the owner, the address of the property, and family size; b. The method and source of how household income was verified; c. Documentation that reflects the income of the household is below NSP income limits based on family size; d. The method and source of home ownership was verified with official documentation; and, M An acceptable written agreement with the owner(s) as to affordability and subsequent rate increase, if rental property is involved. The information must be maintained for review and verification during on-site monitoring visits; and, The following data will be provided by housing unit as part of the administrative closeout for each NSP activity providing direct benefit (i.e. down payment assistance, temporary relocation, rehabilitation, etc,) and summarized by activity and submitted with the administrative closeout package: a. Address of each housing unit acquired and/or rehabilitated with NP funds, the date the construction or sale was completed on the housing unit, and the amount of NSP funds spent on that housing unit; b. Whether the household is headed by a female, the number of handicapped persons in the household, the number of elderly persons in the household, and the LMMI status of the household; C. The number of occupants in the household, categorized by gender; and d The racial demographics of the household by number (white, black, Hispanic, Asian/Pacific Islander. Hasidic Jew or American Indian/Alaskan native, Kk' Attachment K Department of Community Affairs Neighborhood Stabilization Program Florida 5malll Cities Community Development Bllock Grant (CDRG) Program Submit an oqp�nqi FV each contract. Recipient Contract # Cityr1of Delray , I I I r 11 � I I r y Beach r I r � , I r r I I I r Mailing Address (Street or Post Office Box) 100 NW 1st Avenue City, State and Zip Code Delray Beach, Fl, 33444 Project Contact Person Lula Butler Financial Contact Person IODB-4X-10-60-02—F 10 Local Government DUNS Number 07-728-3737 Telephone # 56,1-243-7203 E-mail Address butler@ci.delray—beach.fl.us Telephone # 561-243-7131 Mary Ann Young E-mail Address ygung@cj..delray—beachfl.us Requests for Funds (RFFs) from the Florida Small Cities CDBG Program require (check one).' one signature two signatures of individuals authorized below. No more than two individuals can be authorized to use FloridaPAPERS,, CDBG contracts require that at least one (1) RFFs must be submitted each quarter and should reflect, all expenditures incurred during that reporting period. ............. . . . . .. Typed Name Date SigQat " Lida Butler ll ------ EX Check here if the above person will be the E-mail Address e - "' Typed Name Mary Ann.. Youngr IX ]! Check here if the above person will be the designated FloiridaPAPERS user. Typed Name Check here if the above person will be the designated Fl,orida,PAPERS user. Date �E-mail Addrgs young ci.delray bed Qh.il.u� . .. ............. ... .. ... . Date Signature .... ....... .... ............. . .. .. .. .. .. ... .. ... .. .... .. E-mail Address I certify, as the recipient's Chief Elected Official, that the above signatures are of the individuals authorized to gn Requests for Funds and to submit RFF's electronically to the Small Cities Community DevelopmqrltBlock Grant ProO rri usin§\Florida PAPERS. ... ............. . ..... ... . . .. .. .. .. .. . ..... ....... .......... .. . .. ..... ... Typed Name Date Ig star Nelson S. McDuffie .. ... ... ... ... ... ... . . . ..... . .... ........ [X ] Check here if your local government utilizes Electronic Funds Transfer (EFT) from the State of Florida. [X ] Check here if your local government will be working on a reimbursement basis. ] If this signature authority form pertains to a hqU in grant, check here if your local government will use 'h escrow account CDBG payments to local governments using C-F7are automatically deposited in the local government's general account. If the account is interest bearing, the CDBG funds must be transferred to a non-interest bearing account. Please call the CDBG Program at 850/922 -1878 or 487-3644 if you have questions. You can check the status of your deposit at the Comptroller's website: http://flair.dbf.state.fl.,usl. Local governments not receiving FF7; and not working on a reimbursement basis, must establish a non-interest bearing account. Provide account information for the financial institution (insured by FDIC) below. All signatures on the account must be bonded. Name of Financial Institution 'I Account Number N/A ............ ... _X/A___ .......... ....... Street Address or Post Office Box Telephone Number N/A . . .. ..... .. .N /A_ City, State and Zip Code . N/A . .1.1 ... .... .. � I...".., ...... MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: January 10, 2013 SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF JANUARY 15, 2013 ORDINANCE NO. 01 -13 ITEM BEFORE COMMISSION Adoption of Ordinance 01 -13 regarding a proposed change to the Charter to change the procedural voting requirement listed in the Charter that requires a roll call vote and an affirmative vote and to provide that voting shall take place in accordance with the rules adopted by the Commission. BACKGROUND Currently the Charter provides that the all votes takes by the Commission shall be by roll call and must be made in the affirmative. This proposed Ordinance would remove that language from the Charter and provide that the voting procedure for the Commission shall be set forth in the rules of the Commission. The proposed Ordinance would also change the Charter requirement for three "affirmative" votes to three "concurring" votes. This does not change the Charter requirement that you must have a minimum of three votes to take action on an item. This Charter amendment would be placed on the ballot for the March 2013 election and would be effective upon passage at referendum. RECOMMENDATION Commission discretion. ORDINANCE NO. 01 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 3.12, "PROCEDURE "; TO PROVIDE THAT THE REQUIREMENT FOR A ROLL CALL VOTE BE REMOVED FROM THE CHARTER AND THAT THE VOTING PROCEDURE SHALL BE SET FORTH IN THE RULES OF THE COMMISSION AND THAT THE VOTES NEED NOT BE IN THE AFFIRMATIVE BUT THERE STILL MUST BE THREE CONCURRING VOTES ON AN ITEM; PROVIDING FOR A REFERENDUM ON MARCH 12, 2013, PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the governing body of a municipality may by ordinance submit a proposed amendment to the Charter to the electors of the municipality; and WHEREAS, currently the Charter requires that all votes be by roll call and upon the affirmative vote of three Commissioners. WHEREAS, the City Commission deems it advisable to amend the Charter to allow the Rules of Procedure as adopted by the Commission to set forth the voting procedure for the City Commission and to provide that the votes are not required to be made in the affirmative but there still must be three concurring votes. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Section 3.12, "Procedure ", of the Charter of the City of Delray Beach shall be amended to read as follows: Section 3.12. PROCEDURE. (A) Meetings. The Commission shall meet regularly at least twice a month at times and places that the Commission prescribes by rule or otherwise. Special meetings may be held on the call of the Mayor or of a majority of the Commission. Whenever practicable, there shall be at least twelve (12) hours notice of a special meeting to individual members of the Commission and to the public. (B) Rules. The Commission shall determine its own rules and order of business. (C) Voting. Voting on ordinances, resolutions, and motions shall be as set forth in the rules of the Commission by r-ell eall and shall be recorded in the minutes, three (3) members of the Commission shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Commission. No action of the Commission, except as otherwise provided in the preceding sentence or in Sections 3.07 and 3.08 of this Charter, shall be valid and binding unless adopted by the a concurring vote of three (3) Commissioners. Section 2. The Charter amendment proposed by this ordinance shall be submitted to the electors of the City of Delray Beach at the regular election of March 12, 2013 and shall be deemed adopted upon the favorable vote of a majority of the City electors voting at that time upon the following question: QUESTION NO. CHARTER AMENDMENT- VOTING PROCEDURE CHANGE CURRENTLY THE CHARTER PROVIDES THAT VOTES BY THE COMMISSION SHALL BE BY ROLL CALL AND MUST BE MADE IN THE AFFIRMATIVE. THE CHARTER AMENDMENT PROPOSES TO ALLOW THE RULES ADOPTED BY THE COMMISSION TO SET FORTH THE VOTING PROCEDURAL REQUIREMENTS AND REMOVES THE PROCEDURAL REQUIREMENT THAT VOTES MUST BE MADE IN THE AFFIRMATIVE, BUT THERE STILL MUST BE THREE CONCURRING VOTES ON ANY ACTION. SHALL THE CHARTER AMENDMENT BE ADOPTED? YES (FOR APPROVAL) NO (AGAINST APPROVAL) Section 3. That upon the approval of this ordinance by the electors as set forth above, all ordinances or parts or ordinances or Charter provisions or parts of Charter provisions in conflict herewith shall be and the same are hereby repealed as of the effective date of this Ordinance. Section 4. That any clause, section or other part of this ordinance shall be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby but shall remain in full force and effect. Section 5. That this ordinance shall become effective upon its passage on second and final reading and in accordance with Section 2 above. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. 2 ORD NO. 01 -13 MAYOR ATTEST: City Clerk First Reading Second Reading ORD NO. 01 -13