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02-05-13 Regular MeetingCity of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, February 5, 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 7:00 adjust the amount of time allocated. 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 Avenu Delray Beach, FL The City will furnish auxiliary aids and services to afford an individual with a 33444 disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact the City Manager at 243 - 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 ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. December 11, 2012 — Regular Meeting (ADDENDUM) B. January 3, 2013 -Regular Meeting (ADDENDUM 6. PROCLAMATIONS: A. Recognizing 2 -1 -1 Awareness Week — February 11 -17, 2013 7. PRESENTATIONS: A. RESOLUTION NO. 07 -13: ADDrove Resolution No. 07 -13 recoinizini! and commending James H. Tabeek for 30 years of dedicated service to the City of Delray Beach. B. S.P.LR.LT. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation C. 2013 Beach Renourishment Project Presentation CONSENT AGENDA: City Manager Recommends Approval A. FINAL SUBDIVISION PLAT APPROVAL/ VILLAGE SQUARE AT DELRAY BEACH: Approve a proposed residential development that includes 252 units being platted as Village Square at Delray Beach located at the Southeast corner of S.W. 7th Street and Auburn Avenue. B. REQUEST FOR A SIDEWALK DEFERRAL /1041 SEASPRAY AVENUE: Approve an agreement to defer installing a sidewalk in front of the property located at 1041 Seaspray Avenue. C. FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT: COMMUNITY REDEVELOPMENT AGENCY (CRA)/ DELRAY BEACH GATEWAY FEATURE PROJECT: Approve First Amendment to the Interlocal Agreement with the Community Redevelopment Agency (CRA) to provide funding for the irrigation and landscaping maintenance associated with the streetscape beautification project known as the West Atlantic Avenue Gateway Feature. D. CONSENT TO ASSIGNMENT/ CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. TO STANTEC CONSULTING SERVICES, INC.: Approve a Consent to Assignment with Corzo Castella Carballo Thompson Salman, P.A. to Stantec Consulting Services, Inc. E. SERVICE AUTHORIZATION NO. 12.01.1 / MATHEWS CONSULTING, INC.:Approve Service Authorization No. 12.01.1 with Mathews Consulting, Inc. in the amount of $47,987.00 for construction administration and specialty inspection services, for the Congress Avenue Force Main Replacement Project. Funding is available from 442 - 5178 - 536 -68.89 (Water & Sewer Renewal & Replacement Fund: Improvements Other /Congress Avenue Force Main Replacement). F. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: ONBOARD MOBILE GATEWAY: Approve an Interlocal Agreement with Palm Beach County in the amount of $64,076.70 for the purchase of onboard Mobile - Gateway (oMG) wireless networking platform to be installed and utilized on all Advanced Life Support (ALS) units. Funding is available from 001 - 2315 -526 -64.90 (General Fund: Machinery /Equipment /Other Machinery/ Equipment) and 001 - 2315 -526 -52.16 (General Fund: Operating Supplies /EMS Supplies). G. HOUSING REHABILITATION GRANT /CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Community Development Block Grant (CDBG) to the lowest responsive bidder, Built Solid Construction, LLC for 1009 N.W. 31d- Terrace in the amount of $28,821.92. Funding is available from 118- 1963 -554- 49.19(Neighborhood Services: Other Current Charges /Housing Rehabilitation). H. MUTUAL AID AGREEMENT /PALM BEACH COUNTY MULTI LAW ENFORCEMENT AGENCIES: Approval to renew a Mutual Aid Agreement with subscribing law enforcement agencies in Palm Beach County to voluntarily cooperate and assist other law enforcement agencies in Palm Beach County on routine law enforcement matters across jurisdictional lines. RESOLUTION NO. 11 -13: Approve Resolution No. 11 -13 calling for a Special Election on a Charter change to be held on March 12, 2013, to provide for a referendum on the Charter change presented in Ordinance No. 01 -13; providing 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 (3) concurring votes on an item. J. RESOLUTION NO. 06 -13: Approve Resolution No. 06 -13; supporting the Palm Beach County Guardian Ad Litem Program. K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 14, 2013 through February 1, 2013. L. REIMBURSEMENT OF CITY MANAGER TRAVEL EXPENSES: Approve reimbursement of new City Manager Louie Chapman Jr. s travel expenses in an amount not to exceed $3,600.00 for trips to Delray Beach prior to April 1, 2013. Funding is available from 001 - 1211 -512 -40.20 (General Fund: Travel & Per Diem/ Non - Employee Travel). (ADDENDUM) M. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Alpha Scape Lawn & Landscapes at an annual estimated cost of $25,198.00 for landscape maintenance of Storm Water Retention Areas and the Improved Water Retention Areas. Funding is available from 448 - 5416 -538 -34.90 (Storm Water Utility Fund: Other Operating /Other Contractual Services). 2. Bid award to Weekley Asphalt and Paving, Inc. in the amount of $39,369.25 for the rehabilitation of CSX Transportation, Inc. (CSXT) railroad crossing located at S.W. 10th Street. Funding is available from 334 - 3162 -541 -46.90 (General Construction Fund: Repair & Maintenance Services /Other Repair /Maintenance Costs). 3. Contract award to A & A Associates International, Inc. Associates in the amount of $16,761.60 for security services at Pompey Park. Funding is available from 001 - 4127 -572 -31.90 (General Fund: professional Services /other Professional Services). 4. Contract award to Intercounty Engineering, Inc. in the amount of $953,959.00 for the construction of the Congress Avenue Force Main Replacement project. Funding is available from 442 - 5178 -536 -68.89 (Water & Sewer Renewal & Replacement Fund: Improvements Other /Congress Avenue Force Main Replacement). 5. Purchase award to Florida Bullet in the amount of $87,428.50 to purchase ammunition for training, on -duty -use and the S.W.A.T. team. Funding is available from 001 - 2111 -521 -52.20 (General Fund: Operating Supplies /General Operation Supplies) and 001 - 2115 -521 -52.19 (General Fund: Operating Supplies /Swat Expenditures). 6. Purchase award to Florida Sports Cycle in the amount of $22,155.00 for three (3) replacement ATVs for Ocean Rescue. Funding is available from 501- 3312 -591- 64.20 (Garame Fund: Machinery/Equipment /Automotive). 7. Purchase award to North American Fire Equipment Company (NAFECO) in the amount of $67,914.33 as a sole provider for the replacement of thirty -three (33) Firefighter Personnel Protective Equipment (bunker Izear). Fundinlz is available from various accounts. 8. Purchase award to Industrial Design Research in the amount of $47,420.00 for four (4) Surveyor JR standard model movable lifeguard towers. Funding is available from 001 - 4123 -572 -63.40 (General Fund: Improvements Other/Recreational Improvements). 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 REQUEST/McDONALD'S RESTAURANT: Consider approval of a waiver request to Land Development Regulations Section 4.6.8, "Lighting ", to allow 47.5 footcandles where a maximum of 12.0 footcandles is allowed on -site, and 40.2 footcandles where a maximum of 0.25 footcandles is allowed as spillage for the McDonald's Restaurant located at the northwest corner of West Atlantic Avenue and Military Trail at 14529 South Military Trail. (Quasi - Judicial Hearing) B. WAIVER REQUEST/ 141H ANNUAL DELRAY BEACH GARLIC FEST: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.7 (F)(3)(f), Special Event Non - Roadway Banner Signing ", to allow sponsor banners to be hung on the perimeter fencing of the 141h- Annual Delray Beach Garlic Fest site and to allow banners to exceed 20 square feet, from February 7 -10, 2013.(Quasi- Judicial Hearing) C. RECONSIDERATION OF A WAIVER REQUEST/ LINTCO DEVELOPMENT: Consider a request for reconsideration of a waiver request to reduce the stacking distance from the required fifty feet (50') parking lots with fifty -one (51, ) or more spaces to twenty -eight feet nine inches (28'9 ") at the northern entrance on S.W. 4th Avenue for Lintco Development. D. AMENDMENT NO. 1 (CHANGE ORDER NO. 1)/ LAYNE INLINER, LLC.: Consider approval of Amendment No. 1 (C.O. No. 1) to Layne Inliner, LLC., in the amount of $25,712.00 for the additional installation of a pipe liner at Hyacinth Drive, to line an existing damaged storm water pipe. Funding is available from 448- 5416 -538 -46.90 (Storm Water Utility Fund: Repair & Maintenance Service /Other Repair /Maintenance Cost). E. BID AWARD /ACCURATE EVENT GROUP: Consider approval of a bid award to Accurate Event Group in the amount of $30,409.50 for private security services from February 20, 2013 through March 4, 2013 for the Champions /World Tour Tennis Tournament and authorize staff to negotiate a lower price. Funding is available from 001 - 4210 -575 -55.40 (General Fund: Recreational Supplies /Tennis Tournament). F. AGREEMENT /CHRIS EVERT CHARITIES, INC.: Consider approval of a proposed Areement with Chris Evert Charities, Inc. for the Annual Chris Evert Pro - Celebrity Tennis Classic. G. SPECIAL EVENT REQUEST FOR DELRAY BEACH FIREFIGHTER'S AND PARAMEDICS BENEVOLENT: 5K WALK/RUN:_Consider approval of a Special Event Permit for the Delray Beach Firefighter's and Paramedics Benevolent 5K Walk/Run to be held on Saturday, May 18, 2013 from 5:00 a.m. until approximately 9:00 a.m.; approve a temporary use permit per LDR Section 2.4.6(F) for the use of Anchor Park and the City right -of -way along Ocean Boulevard from Casuarina to George Bush Boulevard, to waive parking meter fees in Anchor Park and Sandoway lots, and to authorize staff assistance for providing traffic control, barricading, signage, trash pickup and removal and set up and use of half of the small stage. The estimated cost the event, which the sponsor is responsible for, is $1,950.00. H. REJECTION OF BID PROTEST/ AREA 12A - PHASE 1 RECLAIMED WATER SYSTEM.: Consider rejecting a bid protest from the second lowest bidder, Ric -Man Construction. Inc. on the Area 12A -Phase 1 Reclaimed Water Svstem Droiect. 1. BID AWARD TO LANZO CONSTRUCTION, CO., FLORIDA: Consider approval of a bid award to Lanzo Construction, Co., Florida in the amount of $1,470,000.00 for construction of the Area 12A -Phase 1 Reclaimed Water System project. Funding is available from multiple accounts. I. PROPOSAL /EASTMAN AGGREGATE ENTERPRISES, LLC.:Consider am3roval of a Proposal with Eastman Aggregate Enterprises, LLC. in the amount not to exceed $138,666.00 for the Hurricane Sandy Mitigation project. 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. J. MODIFICATION TO THE AGREEMENT /DR. JOHN FLETEMEYER: Approval of a modification to the Agreement with Dr. John Fletemeyer for Sea Turtle Monitoring through October 31, 2014 to include additional tasks and costs in the amount of $38,750.00. Funding is available from 332 - 4164 -5172 -34.90 (Beach Restoration Fund: Other Contractual Service). 11. PUBLIC HEARINGS: 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 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 concurrinLy votes on an item; providing for a referendum on March 12, 2013. 12. FIRST READINGS: A. ORDINANCE NO. 02 -13: Consider approval to amend Section 91.22, "Prohibiting Dogs in Public Buildings, Places of Business ", in order to allow service dogs in public buildings or places of business in accordance with the Americans with Disabilities Act. If passed, a public hearing will be held on February 19, 2013. B. ORDINANCE NO. 04- 13:Consider an amendment to Ordinance No. 43 -11 which revises "Section 1, Designation ", and "Section 2, Requirements of Designation" of Ordinance No. 43 -11, and an amendment to Land Development Regulations (LDR) Section 4.5.1(I)(13), "Local Register of Historic Places ", to provide for a name change to "Historic Fontaine Fox House Properties" and the revised legal description of the designated boundary. If passed, a public hearing will be held on February 19, 2013. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission DECEMBER 11, 2012 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, December 11, 2012. 1. 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 2. The opening prayer was delivered by Rabbi Randy Konigsburg, Hospice of Palm Beach County. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie noted additional information for Item 8.5.2., Bid Award to Sealand Contractors. Also, Mayor McDuffie stated there is revised information for Item 10.D., Waiver Request /1240 Seaspray Avenue and for Item 10.K., Revised General Employees Investment Policy. Mayor McDuffie requested that Item 8.P., FY 2013 Proposed Performance Measures /Golf Courses and Tennis Facilities of the Consent Agenda be moved to the Regular Agenda as Item 10.A.A. Mr. Frankel moved approve the Agenda as amended, seconded by Mrs. Gray. 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. 12/11/12 5. APPROVAL OF MINUTES: None. 6. PROCLAMATIONS: 6.A. None 7. PRESENTATIONS: 7.A. RESOLUTION NO. 57 -12: Approve Resolution No. 57 -12 recognizing and commending Timothy Simmons for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 57 -12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING TIMOTHY SIMMONS FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 57 -12 is on file in the City Clerk's office.) Linda Karch, Director of Parks and Recreation, stated for thirty years Tim Simmons has been a tremendous asset to the Parks and Recreation Department and to the City of Delray Beach. Tim Simmons came forward to accept the resolution. Mr. Frankel moved to approve Resolution No. 57 -12, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 7.11. Presentation by Sister Cities' Student Ambassadors: Spencer Anderson, Emma Arrieta, Alex Brandt, Mika Durante, Izaak Lakhik, Phoebe Weiner and Danielle Zaros (ADDENDUM) David Schmidt stated this is the 35th anniversary of Delray Beach's Sister Cities' relationship with Miyazu, Japan (George Morikami's hometown) and as part of that celebration earlier this year the Commission entered a proclamation naming seven (7) student ambassadors who traveled to Miyazu this summer. Mr. Schmidt introduced the following presenters who gave a brief presentation about their trip to Japan: Spencer Anderson, Emma Arrieta, Mika Durante, and Phoebe Weiner. 2 12/11/12 Mr. Schmidt thanked the City Manager for his support with the Sister Cities' Program over the years. 7.C. Presentation by Coastal Planning & Engineering on Beach Renourishment (ADDENDUM) Richard H. Spadoni, Executive Director/ Coastal Planning & Engineering, Inc., gave a status report on the Beach Renourishment Project and stated he spoke with the dredge contractor today and they are on schedule to show the dredge at the beginning of February. Mr. Spadoni stated the project extends from about 1,000 feet south of Atlantic Dunes Park to about 1,000 feet north of Atlantic Avenue (approximately 1.9 miles); approximately 1.9 million cubic yards of sand on the beach. He stated he is aware of the concern of the beach north of the project area. Mr. Spadoni stated there is another 4,000 foot segment from that point to the north city limits that is not in the project and at the time the project was put together the beach was extremely stable but Hurricane Sandy has changed that to some extent. At the request of Planning Director, Mr. Spadoni stated he looked into whether or not they could include that 4,000 foot segment into the oncoming Beach Renourishment Project. He stated their permit process usually takes about 1 '/2 years and right now they are talking about a six (6) week window. Mr. Spadoni stated he spoke with the Florida Department of Environmental Protection and they informed him that it was possible to modify the permit which could take 2 -3 months and would put them at the very end of the Beach Renouri shment Project. Also, Mr. Spadoni stated they talked to the Corp of Engineers and they indicated that it would be impossible to obtain Federal approvals to extend that project 4,000 south. He stated when they pulled together the Beach Renourishment Project working closely with the Corp of Engineers they have to produce a document called a "Limited Re- evaluation Report (LRR)" which is the funding document that sets up Delray Beach for funding from the State of Florida. Mr. Spadoni stated they informed him that if they kept the same project limits they used in 2002 they could forgo that step and save two years and $300,000 4400,000 in engineering fees and they agreed to do that. He stated to come back now and try to add the 4,000 foot segment on would jeopardize the City's opportunity to receive Federal funding or produce the LRR which is a two (2) year delay. Mr. Spadoni stated a second alternative would be to design a Beach Nourishment Project for that area and wait for another community in South Florida to bring a dredge into the area and try to piggyback onto that project. He stated there is a permit process and they are 1'/2 -2 years away from pulling that project together. Mr. Spadoni stated they are seeing recovery of the beach and some of that sand is coming back. Brief discussion between Mr. Spadoni, Mayor McDuffie and Commissioner Carney followed. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROVAL /SPODAK DENTAL OFFICE: Approve a final subdivision plat for Spodak Dental Office, a new office development located on the north side of West Atlantic Avenue, west of Homewood 3 12/11/12 Boulevard. 8.B. FINAL SUBDIVISION PLAT APPROVAL/MIDTOWN DELRAY REPLAT 1: Approve a final subdivision plat for a new townhouse development being re- platted as Midtown Delray Re -Plat 1, located south of Linton Boulevard, near Military Trail, between Park Access Road and Orchard Lane. 8.C. CONSULTING SERVICE AUTHORIZATION NO. 12- 02/KIMLEY HORN AND ASSOCIATES, INC.: Approve Consulting Service Authorization No. 12- 02 with Kimley Horn and Associates, Inc. in the amount of $98,271.36 for post design services for the Federal Highway Enhancements Project; contingent upon approval the Interlocal Agreement between the City of Delray Beach and the Delray Beach Community Redevelopment Agency (CRA) for the US 1 Corridor Improvement Project. Funding is available from 334 - 3162 -541 -68.52 (General Construction Fund: Capital Outlay/Buildings). 8.D. MULTI -PARTY AGREEMENT: CITY OF DELRAY BEACH /COMMUNITY REDEVELOPMENT AGENCY (CRA)/DELRAY BEACH PRESERVATION TRUST: Approve a Multi -Party Agreement between the City of Delray Beach, the Community Redevelopment Agency (CRA) and the Delray Beach Preservation Trust for the Neighborhood Sign Program. 8.E. RESOLUTION NO. 60 -12: Approve Resolution No. 60 -12 to name the north -south public alley located east of N.E. 3rd Avenue, between N.E. 3rd Street and N.E. 4th Street "Artists Alley ". The caption of Resolution No. 60 -12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, NAMING THE ALLEY FROM NE 3' STREET TO NE 4TH STREET, BETWEEN NE 3K" AVENUE AND THE FEC RAILROAD TRACK "ARTISTS ALLEY ", AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 60 -12 is on file in the City Clerk's office.) 8.F. AMENDMENT NO. 2 TO THE CONTRACT FOR SALE AND PURCHASE: 2707 S.W. 2ND STREET: Approve Amendment No. 2 to the Contract for Sale and Purchase between the City and Santiago Gutierrez to extend the closing date to January 15, 2013 for the sale of Neighborhood Stabilization Program (NSP) property located at 2707 S.W. 2nd Street. 8.G. LANDSCAPE MAINTENANCE AGREEMENT /101 S.E. 2ND AVENUE: Approve a Landscape Maintenance Agreement with Susan Wieland for tree replacement within the right -of -way at 101 S.E. 2nd Avenue. 4 12/11/12 8.11. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS/ DELRAY HOUSING GROUP, INC. /614 S.W. 6TH AVENUE: Approve a Neighborhood Stabilization Program Land Use Restriction Agreement and Deed Restrictions with Delray Housing Group, Inc. for the property located at 614 S.W. 6th Avenue. 8.I. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS: 530 N.W. 48 AVENUE: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Jean L. Nelan for the property located at 530 N.W. 48th Avenue. 8.J. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS: 3740 LANCEWOOD PLACE: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Lana Ritz for the property located at 3740 Lancewood Place sold for single- family homeownership. 8.K LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS/ DELRAY HOUSING GROUP, INC. /1505 S.W. 3"' COURT: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Delray Housing Group, Inc. for the donated property located at 1505 S.W. 3rd Court. 8.L. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS/ DELRAY HOUSING GROUP, INC. /1212 -1214 SW 2ND STREET: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Delray Housing Group, Inc. for the donated property located at 1212 -1214 S.W. 2nd Avenue. 8.M. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS/ DELRAY HOUSING GROUP, INC. /616 S.W. 9TH STREET: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Delray Housing Group, Inc. for the donated property located at 616 S.W. 9th Street. 8.N. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS/ DELRAY HOUSING GROUP, INC. /518 S.W. 9TH COURT: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Delray Housing Group, Inc. for the donated property located at 518 S.W. 9th Court. 8.0. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS: 3619 AVENUE MONTRESSOR: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Heubreux Destinvil for a property that will be sold for single - family homeownership located at 3619 Avenue Montressor. 12/11/12 8.P. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 80. SPECIAL EVENT REQUEST /SAVOR THE AVENUE: Approve and endorse Savor the Avenue, sponsored by Boca Raton and Delray Beach Magazines and supported by the Downtown Development Authority, to be held on March 28, 2013 from 5:30 p.m. to 8:30 p.m.; to grant a temporary use permit per LDR Section 2.4.6(F) for closure and use of Atlantic Avenue from Swinton to the west side of N.E. /S.E. 5th Avenue from 2 p.m. until 10:00 p.m.; and to authorize staff support for security, barricading, use of a City owned portable generator and banner hanging with banners to be hung no sooner than 14 days prior to the event; contingent upon receipt of a certificate of event and alcohol liability insurance and an executed Hold Harmless Agreement by March 7, 2013. The event sponsor is responsible for an estimated total cost of $4,323.00. 8.R REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 3, 2012 through December 7, 2012. 8.S. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Coastal Contracting & Development, Inc. the lowest responsive bidder, in the amount of $92,510.00 for renovations to the Utility Billing Division. Funding is available from 442 -5178- 536 -62.10 (Water & Sewer Renewal & Replacement Fund: Buildings). 2. Bid award to Sealand Contractors in the amount of $12,486,967.77 for the Federal Highway Beautification Project; contingent upon approval of an Interlocal Agreement between the City and the Community Redevelopment Agency for the US 1 Corridor Improvement Project and bid concurrence from the Florida Department of Transportation (FDOT). Funding is available from 442 - 5178 -536 -68.52 (Water & Sewer Renewal & Replacement Fund: Improvements Other/Federal Highway Beautification), 448- 5461 -538 -68.52 (Storm Water Utility Fund: Other Improvement/Federal Highway Beautification), 334- 3162 -541- 68.52 (General Construction Fund: Other Improvement/Federal Highway Beautification) and 334 - 3162 -541 -68.52 (General Construction Fund: Other Improvement/Federal Highway Beautification). 3. Purchase award to HD Supply Waterworks, LTD in the amount of $55,233.00 for the purchase of 19 Hydroguard (Model HG -10) automatic water line flushing units. Funding is available from 442- 5178 -536 -64.90 (Water & Sewer Renewal & Replacement Fund: Machinery/Equipment/ Other Machinery/ Equipment). 6 12/11/12 Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 9.A. City Manager's response to prior public comments and inquiries. The City Manager stated at last week's Commission meeting Marijo Beckman expressed concern over the removal of trees and where her sidewalk is being installed. The City Manager stated that work is being done by the Florida Department of Transportation; it is not a City project. The City is following up with the State to see if we can get their approval to replace some of the trees if they are not going to do it once the sidewalk is finished. 9.B. From the Public. 9.B.1. Rick Edick, 615 North Ocean Boulevard, Delray Beach, FL 33483, stated he was present at the last Commission meeting and distributed photographs of the damage caused by Hurricane Sandy and the seawall at the north end of the beach. Mr. Edick briefly spoke about the economic impact and stated this is a citywide issue. He stated you cannot separate the environmental from the economic impact. Mr. Edick stated the tax base will erode as the beach erodes and it is now just going to be A -1 -A and feels there will be an economic impact on the businesses. 9.B.2. Andy Katz, Beach Property Owners' Association, 220 South Ocean Boulevard, Delray Beach, FL 33483, distributed videos the Commission that were taken of 11 locations along the beach starting at the south city limit going up to the north end of the beach. 9.B.3. Jim Knight, 10 S.E. 1s' Avenue, Delray Beach, FL 33444, addressed questions the Commission had at the last meeting regarding the Old School Square Garage space. Mr. Knight stated they have submitted a contract and Howard Canner is interested in moving forward with the acquisition of the Old School Square Garage space. He stated they have 70 employees and some of the people have already relocated to the downtown area and there will be more who will be moving and living here. 9.B.4. Gail Lee McDermott, 721 S.E. 3rd Avenue, Delray Beach, FL 33483 (Osceola Park), stated on Friday, December 7, 2012, for the holiday boat parade that Delray Beach partnered with Boynton Beach for the benefit of the Marine foundation for Toys for Tots, Osceola Park residents were at the Marina with a toy chest and it grew as the evening went on. Ms. McDermott recognized the Delray Beach P.O.P. (Problem Oriented Policing) unit and they want to keep them and are making every effort to help them in what they are doing. Ms. McDermott announced that Art in the Alley will be held on February 2, 2013 and Sharon Koskoff is putting it together; the art viewing and party will be March 2, 2013. She stated everyone is invited to take part in this whether it is painting or cleaning an alley. 7 12/11/12 Mr. Jacquet thanked Ms. McDermott for her leadership and thanked the residents of Osceola Park for taking pride in their neighborhood. 9.B.5. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, read a brief statement into the record and wished everyone a happy holiday season. 9.B.6. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, thanked Mr. Frankel for nominating her for an award last week. Secondly, Ms. Moody briefly expressed her concerns about the Police Department and asked if a decision has been made for the new City Manager. Mr. Jacquet expressed concern over Ms. Moody's comments against the Police Department. He stated the men and women of the Police Department put their lives on the line every day to help protect us. Mr. Jacquet stated although he respects Ms. Moody's opinion, he stated after hearing multiple times the negative comments against the Police Department he asked that Ms. Moody address it somehow other than publicly in the meeting. 9.B.7. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, stated recent statements have been made at public hearings by several people that getting building approvals in the City of Delray Beach are difficult and that our city is hard to deal with. Ms. Morrison stated she is surprised that none of the Commission took issues as Commissioners with this statement or refuted it. She reassured the Commission that the Building Department is not hard to deal with and thanked the Commission for such good leadership in the department. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 11. PUBLIC HEARINGS: 1LA. ORDINANCE NO. 41 -12 (SECOND READING /SECOND PUBLIC HEARING): Consider a privately- initiated rezoning request from Planned Office Center (POC) to Special Activities District (SAD) for Delray Place, located at the southeast corner of Linton Boulevard and South Federal Highway. (Quasi- Judicial Hearing) (THE APPLICANT HAS REQUESTED THIS ITEM BE POSTPONED TO THE JANUARY 3, 2013 REGULAR MEETING) Mr. Frankel moved to postpone Ordinance No. 41 -12 to the regular meeting of January 3, 2013, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:04 p.m., Mr. Carney left the dais. 8 12/11/12 11.B. RESOLUTION NO. 58 -12 /CONTRACT FOR SALE AND PURCHASE /1040 HOMEWOOD BOULEVARD #L201: Consider approval of Resolution No. 58 -12, a contract for sale and purchase, authorizing the City to sell the Neighborhood Stabilization Program (NSP) property located at 1040 Homewood Boulevard #L201to Sebastian Bellotti for the purchase price of $45,800.00 or appraised value. The caption of Resolution No. 58 -12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 58 -12 is on file in the City Clerk's office.) Nigel Roberts, Neighborhood Services Director, stated this item is a request for the Commission to approve the sale of the Neighborhood Stabilization Program property located at 1040 Homewood Boulevard #L -201 to Sabastian Bellotti for the purchase price $45,800 or appraised value. Staff recommends Commission approval for the sale of the property in the amount of $45,800 or appraised value. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Frankel moved to approve Resolution No. 58 -12, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 4 to 0 vote. At this point, Mr. Carney returned to the dais. 11.C. RESOLUTION NO. 61 -12 /CONTRACT FOR SALE AND PURCHASE /135 S.W. 6TH AVENUE: Consider approval of Resolution No. 61 -12, a contract for sale and purchase, authorizing the City to sell the Neighborhood Stabilization Program (NSP) property located at 135 S.W. 6th Avenue to Vena Poussin and Jean Francois Alies for the purchase price of $106,950.00 or appraised value. The caption of Resolution No. 61 -12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, 9 12/11/12 AUTHORIZING THE CITY TO SELL REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 61 -12 is on file in the City Clerk's office.) Niegel Roberts, Neighborhood Services Director, stated this item is a request for Commission approval to sell the Neighborhood Stabilization property located at 135 S.W. 6m Avenue to Vena Poussin and Jean Francois Alies for the purchase price of $106,950 or appraised value. Staff recommends Commission approval for the sale of the property in the amount of $106,950 or appraised value. Mayor McDuffie declared the public hearing open. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, reminded the Commission that these two properties are off the tax rolls for the City. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Jacquet moved to approve Resolution No. 61 -12, seconded by Mrs. Gray. 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. At this point, the time being 7:05 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 44 -12: Consider an ordinance calling for a referendum to be held on March 12, 2013, proposing to the electorate of the City that the City Commission be authorized to grant a property tax exemption to certain qualified businesses pursuant to Section 3, Article VII of the State Constitution; providing for submission of the proposed ballot question to the electors of the City; setting forth the form of the question to be voted upon at such election. If passed, a public hearing will be held on January 3, 2013. The caption of Ordinance No. 44 -12 is as follows: 10 12/11/12 office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTED IN ACCORDANCE WITH SECTION 196.1995, FLORIDA STATUES, CALLING FOR A REFERENDUM TO BE HELD ON MARCH 12, 2013, PROPOSING TO THE ELECTORATE OF THE CITY THAT THE CITY COMMISSION BE AUTHORIZED TO GRANT PROPERTY TAX EXEMPTION TO CERTAIN QUALIFIED BUSINESSES PURSUANT TO SEC. 3, ARTICLE VII OF THE STATE CONSTITUTION; PROVIDING FOR SUBMISSION OF THE PROPOSED BALLOT QUESTION TO THE ELECTORS OF THE CITY; SETTING FORTH THE FORM OF THE QUESTION TO BE VOTED UPON AT SUCH ELECTION; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (The official copy of Ordinance No. 44 -12 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Vin Nolan, Economic Development Director for the Community Redevelopment Agency (CRA), stated this ordinance has been suggested by Vice Mayor Carney. Mr. Nolan stated there is additional research being done and he and the City Manager are participating in a stakeholders meeting of the Business Development Board. Mr. Nolan stated this requires a referendum and is a tool so that when a company comes to town and the Business Development Board brings the CRA a prospect it is a tool that they can use should the Commission choose to do so to exempt future real estate taxes going forward but it needs to be empowered by the voters. Mr. Carney stated having had experience on the CRA he found out that the CRA had a lot of tools at its disposal to attract businesses. He stated there has been discussion about trying to create jobs in the City that he wanted to provide a mechanism and a tool whereby a business could look at this and a business could look at this as an opportunity to create jobs. Mr. Carney stated this was a good opportunity to have the City create the incentives and get businesses into places by where the City could also derive the tax benefit. He stated he also saw it on the ballot in northern Palm Beach County. Mr. Jacquet inquired if this was on the State ballot as well. Mr. Nolan stated it is similar to what was on the Palm Beach County ballot and was reauthorized in the last November election. Mr. Nolan stated this is a tool that he could use at the local level on the Commission's behalf so if someone is relocating from another place within 11 12/11/12 Florida and the State or the County was not offering their piece of the pie the CRA could actually do their own deal. Mr. Jacquet asked if the Commission would have any say in crafting that particular exemption for specific businesses. Mr. Nolan stated if they use this tool he will suggest to the Commission what may be appropriate. Mr. Jacquet asked Mr. Nolan if this is a positive tool that can actually increase the tax base as opposed to taking away from it. Mr. Nolan stated all that you would be exempting would be for a narrow period of time (i.e. 5 or 7 years) the increased tax amount so if they come in creating new space it would be forgoing the initial years taxes. Mr. Nolan confirmed that this is a process to get it on the ballot for referendum. Mr. Carney moved to approve Ordinance No. 44 -12 on FIRST Reading, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet —Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:11 p.m., the Commission moved to Item 10, Regular Agenda. 10. REGULAR AGENDA: 10.A.A. FY 2013 PROPOSED PERFORMANCE MEASURES /GOLF COURSES AND TENNIS FACILITIES: Approve proposed performance measures for FY 2013 for the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities. Robert A. Barcinski, Assistant City Manager, stated the Commission is being requested to review, approve, and /or change the proposed performance measures for FY 2013 for the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities. Mr. Barcinski stated the performance measures that are in the budget there is some negotiation between him and the contract. He stated this is not based on a one -year factor and staff looks at trends. Mr. Barcinski stated the points available were based on previous Commission determination to what was most important to them. Mr. Carney stated he received an email today regarding the goals for the performance standards. Sharon Painter briefly spoke regarding the performance measures. Mr. Frankel moved to approve the proposed performance measures for fiscal year 2013 for the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 10.A. WAIVER REQUEST/ HYATT PLACE: Consider approval of a waiver request from Land Development Regulations (LDR) which limits the length of 12 12/11/12 time that a stand -alone bar may reserve a site for the Hyatt Place hotel, located at 104 Pineapple Grove Way. (Quasi- Judicial Hearing) Mayor McDuffie read the City of Delray Beach Quasi - Judicial Hearing rules into the record for this item and all subsequent Quasi - Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he had no ex parte communications to disclose. Mrs. Gray stated she had no exparte communications to disclose. Mr. Carney and Mr. Jacquet stated they had no ex parte communications to disclose. Mayor McDuffie stated he received calls from the agent. Mr. Dorling stated this is a waiver request for LDR section 4.3.3(V)(20(C)(1) which allows written requests to establish a standalone bar to be valid for a period not to exceed six (6) months. He stated this is in association with the retail space newly constructed Hyatt Place. Mr. Dorling stated a waiver was granted to this timeframe in 2011 which extended this timeframe to 2012 and the current approval to create the standalone bar would expire in December of this year. He stated the applicant has recently entered into a lease for the space and will soon be underway with the necessary internal renovations but will not be completed by the December 2012 timeframe and the applicant is not seeking extension to April 2013. Mr. Dorling stated since this initial approval and extension to December no applications have been made within 750 feet and staff believes it is reasonable to extend it to April so that they can establish what they intended to and are underway to achieve now. Mike Covelli, applicant, stated there is a list of documents in the Code in Section 4.3.3 that requires you to submit the lease, the liquor license, the floor plan, and the approved site plan. Mr. Covelli stated the site plan has been amended to accommodate the space and all of the parking required for the space are on -site. He stated this is not a situation where they are using off -site to park parking spaces or in -lieu of spaces. Mr. Covelli stated the impact on the neighborhood is minimized. Additionally, Mr. Covelli stated there is a glitch in the process in terms of the order. He stated once you file the documents you have sixty (60) days. Mr. Covelli stated they filed those documents and they have until February now but they cannot finish the space in that time so they are asking for the additional sixty (60) days until April. Mr. Covelli stated this is a wine shop with 72 self -serve machines where you can taste wines or you can pour yourself a glass of wine and enjoy it in the shop. He stated those machines are in excess of $100,000. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. 13 12/11/12 The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Carney moved to adopt the Board Order, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 10.B. CONDITIONAL USE REQUEST /SOUTH OF ATLANTIC (SOFA) BUILDING #1: Consider a conditional use request to allow a density in excess of 30 units per acre (62.2 du /ac proposed) for SOFA Building #1, located on the east side of S.E. 3rd Avenue, between S.E. 1st Street and S.E. 2nd Street in conjunction with the construction of 117 residential units within a 4 -story structure. (Quasi- Judicial Hearing) Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he has the same ex parte communications for 10.B.1, 10.B., 10.C., and 10.C.1. spoke with the applicant, the attorney for the applicant, he responded to a couple of emails and attended the Planning and Zoning meeting when this item was brought up and spoke to the architect. Mrs. Gray stated she spoke to the applicant and the attorneys as well. Mr. Carney stated he spoke to the applicant, the attorney to the applicant, the architect for the applicant, and the real estate agent for the applicant. Mr. Jacquet stated he had communications with the applicant the people that they are working with the architect and their attorneys. Mayor McDuffie stated he had communications with Mr. Handler. Paul Dorling, ACID, entered the Planning and Zoning Department project file #2013 -01 into the record. Mr. Dorling stated this is to allow a density in excess of 30 units per acre and the requested number is 62.2 units per acre for a development known as SOFA Building #1, located on the east side of S.E. 3rd Avenue between S.E. 1st Street and S.E. 2nd Street in the CBD (Central Business District). He stated the current site is occupied by three office buildings and associated parking and is approximately 1.88 acres. Mr. Dorling stated what is being proposed is that all of this development be demolished and to allow construction for a new 117 unit multi - family residential rental complex on the site. Mr. Dorling stated density in excess of 30 units per acre is allowed in the CBD is allowed as a conditional use. At its meeting of November 19, 2012, the Planning and Zoning Board held a public hearing and there was testimony from the public all of it in support of the project. Mr. Dorling stated after significant discussion, the Board recommended approval with a 5 to 0 vote. Staff recommends approval subject to the conditions listed on page two of the staff report. 14 12/11/12 Mr. Jacquet clarified that there is no request for height extension and that they are within the height limit. Mr. Dorling stated this waiver request is just for the density. Mr. Dorling stated in association with this there is a waiver that is also part of this item as a sub -item and that waiver is to Section 4.79(i) to allow an increase in the percentage of one - bedroom units in a project to exceed 30% maximum allowed and this request is proposing 46.41% of the units that will one - bedroom or less for this 117 multi- family residential development. Staff recommends denial of this waiver because they believe that the number of efficiencies in one - bedrooms is too high and although staff supports the project they believe it should be a bigger mix particularly as it relates to workforce housing. Mr. Dorling stated a similar waiver is requested for Sofa Building #2 and the recently approved Atlantic Plaza had in its unit count 221 one - bedroom or efficiency units. Mr. Dorling stated the Planning and Zoning Board discussed the site plan at length and recommended approval with a 5 to 0 vote. Staff recommends denial or as an alternate waiver staff recommends approval with a maximum of 50% of the units being allowed to be one - bedroom or less and therefore requiring more two - bedroom units. Henry Handler, representing the applicant from the Law Firm of Weiss, Handler and Cornwell, P.A., 2255 Glades Road, Boca Raton, asked if the applicants make a presentation on both buildings and if the public can comment on both buildings for economic purposes rather than come back and forth to the podium. Mr. Handler asked if they can make one presentation addressing SOFA Building #1 & #2 and allowing the public to comment on them simultaneously. Mr. Dorling stated SOFA Building #2 is a total of 55 units are located west of SOFA Building #1 was proposed. He stated it is a.85 acre site and it will consist of a 97 space first floor parking garage and parallel parking along 2nd and residential units on the 2"d 3rd and 4h for a total of 55 units. He stated it will also include the installation of an amenity deck with extensive planting materials, trellis area, spa, shallow water feature, fire pits, outdoor dining areas, barbeques, fitness exercise room, clubhouse, children's rooms, and restrooms all of these features located on the second floor. Mr. Dorling stated it does include a waiver to the total of one - bedroom units and any qualifying project to exceed the 30% they wish to exceed it up to 54.5 %. Staff recommends approval of the project; however, they have concerns as it relates to one - bedroom and efficiency units in the overall makeup of the project. At its meeting of November 19, 2012, the Planning and Zoning Board considered this item and there was significant testimony all in support of the project and increased density. The Board recommended approval of both the project and the associated waiver to establish a density of 64.7 density units per acre. Staff recommends approval of the project subject to the conditions A -H contained on page two of the backup material. 15 12/11/12 At this point, Mr. Dorling entered the Planning and Zoning Department project file #2013 -03 for SOFA Building #2. Mr. Handler stated they are doing this jointly because this community shares an architectural design and amenities on -site management and leasing program that will unite the sister buildings into one community which they believe will have a significant role in contributing to the vibrancy which the City and the neighbors would love to see in the south of Atlantic area. Mr. Handler quoted parts of the Downtown Master Plan. He stated this request is asking to approve density for SOFA Building #1 of 62.2 dwelling units per acre and for SOFA Building #2 a density of 64.7 dwelling units per acre and the percentage of single- family bedrooms to two bedrooms of SOFA Building #1 to be 50% and for SOFA Building #2 to be 54.5 %. Mr. Handler distributed copies a study of the Delray Market area to the Commission and the City Clerk. He pointed out page three of the Executive Summary. Mr. Handler stated the table shows that within the Delray Target area Worthing Place represents the only professional manage rental community in downtown Delray and Delray Beach has a lack of rental community choices and renters who want to live in Delray Beach must look outside of the downtown area for opportunities to rent in a professional manner rental community. Mr. Handler stated 27% of the projects offering units in the downtown target area are one - bedroom units while 54% offered are two - bedroom units and 18% are three - bedroom units. He stated the study shows that there is a lack of studio and one - bedroom apartments. Mr. Handler stated this is consistent with the demographics that are being reported nationwide. He referenced an article in the Sun - Sentinel talked about a profile of Florida households and stated according to the census bureau was that will a smaller household size we are probably going to find that households are going to need and want a smaller dwelling unit or apartment. Mr. Handler stated research both on the national and regional level that the apartment boom is fielded by a demographic change not by a diminishing number of foreclosures. He stated there is a substantial need for one - bedrooms and studios which will not create a specific grant or privilege to the SOFA product. Richard Jones, Richard Jones Architecture, Inc. 10 S.E. 1s' Avenue, Delray Beach, FL 33444, gave a brief PowerPoint presentation regarding the project. Mr. Jones stated the SOFA Building #2 project is on site of the former Atlantic Shores project. He stated all of these prior approvals came with conditional use for density and height; however, they are here this evening to discuss density. Mr. Jones stated this section of our city has become a downtown bypass and becomes a parking lot for Atlantic Avenue at night and activity in this area at night is little to be desired and this entire section of town is in need revitalization. He stated there are three projects in the neighborhood that have been through SPRAB in 2012 some of which have started construction. Mr. Jones stated the developer has committed to paying for all the improvements of new on -site parking, new lighting on the right -of -way, new lighting in the alley, and new sidewalks. He briefly explained the architecture and elevations. Mr. Jones stated the studios do not qualify for workforce housing. Mr. Jones stated right now there is a disconnect to Osceola Park and they would like to bring some vibrancy and safer conditions to the downtown. He stated they would like people to be able from 16 12/11/12 Osceola Park to Atlantic Avenue at night. Mr. Jones stated the project provides for 172 units that will face the right -of -ways but facing the alleys as well and they will also be bicycle friendly. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the conditional use for SOFA Building #1 or SOFA Building #2, to please come forward at this time. The City Attorney clarified that this is on the conditional use and the waiver request for SOFA Building #1 and SOFA Building #2. Mr. Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, stated this project will get approved, built, and be fully functioning and completely rented before Atlantic Plaza gets out of the court system. Mr. Blum stated it is good for Delray Beach and cleans up a bad area next to the railroad tracks. Mr. Blum stated the following four reasons to why he supports this project: (1) it will be a magnet for future growth in this area; (2) it is good for the citizens of Delray and pedestrians will be able to walk north to the restaurants and shops on Atlantic Avenue without fearing for their safety, (3) it will be in no way causing a parking problem or any extra traffic congestion, and (4) good for the developer for they will win praise for their willingness to invest in such a helpful way. Jim Smith, 1225 South Ocean Boulevard #202, Delray Beach, FL 33483, thanked the City Manager and Mayor McDuffie for their years of service. Mr. Smith stated as S.A.F.E. Chairman he thanked the Mayor, City Commission, Vin Nolan, the CRA, and the Chamber of Commerce for their assistance in bringing smart development and good jobs to Delray Beach. He stated they will be the first with a shared use bicycle program so that renters will have a bicycle at their disposal, inside bicycle storage, unbundling the parking from the rent so that if you do not own a car you pay less rent, explore a shared use car program for when a couple who has a car and the other spouse needs a car they can rent a car for an hour a day. Michelle Mankoff, 218 S.E. 4th Avenue, Delray Beach, FL 33483, stated she is very excited about this project and commented about safety and would like to bring it up to date. Ms. Mankoff stated she loves her charming house and is grateful for the grant that has been given to Osceola. She feels this will bring life to the area in an undesirable area since they are on the railroad tracks. Mathew Sheridan, lives in Atlantic Grove, stated this project would be very beneficial for the City and fully supports. Howard Kanter, 101 Pugliese Way, Delray Beach, FL, echoed comments expressed by Mr. Sheridan and commented specifically about the waiver request. Mr. Kanter stated he employs 70 people in downtown Delray and a large majority of them are single and /or married without children and they have informed him it is very difficult to find either studio or one - bedroom apartments in downtown Delray. 17 12/11/12 Carol Earl, resident of Delray/Boca since 1970, feels that the City should change this area that has been an eyesore and make it more like Atlantic Avenue and a viable part of the City. Shawn Casper, 10 N.E. 2nd Street, Delray Beach, FL (local real estate agent), stated there is an abundance of retail /restaurant and office space in Delray but a lack of apartment housing south of Atlantic Avenue. He supports this project and urged the Commission to approve. Marly, stated lives in downtown Delray (did not state last name or address for the record and did not sign in), stated she is a teacher and as a young professional she wants to live in a place that is fun and safe but also making sure that she is living somewhere affordable. Gail Lee McDermott, 721 S.E. 3rd Avenue, Delray Beach, FL 33483 (Osceola Park), read a brief statement into the record and stated in her opinion this is urged the Commission to approve this smart growth and increased density and the waiver of the SOFA Building because it is a good transition between Osceola Park and Atlantic Avenue. Kevin Homer, 319 S.E. 3rd Avenue, Delray Beach, FL 33483 (Osceola Park ), supports this project and stated this area needs to be cleaned up. He urged the Commission to approve this project. this project. Peny Keller, 729 S.E. 3rd Avenue, Delray Beach, FL 33483, supports Samantha. 7th Avenue. Delrav Beach. FL 33483 (last name and address unknown), stated the project will help her and her girlfriends to be able to walk along the street because it is currently a little dangerous to walk back and forth. She is excited that there will be more activity downtown. Justin Cain, supports the project and feels it is great for the City of Delray Beach. Dorcas Lucien, business owner in Delray Beach, FL, stated the project would be good for the community and will create jobs and it will be safer. Albert Jerome, owns a grocery store in Delray Beach, feels this project is going to be great and noted that currently he has to close early every night because of the insecurity in the area. He invited the Commission to an event. Jim Knight, 10 S.E. 1st Avenue, Delray Beach, FL, stated this is an exciting project and he looks forward to seeing the Osceola community and the Haitian community working together. 18 12/11/12 Lisa Quillien, 925 S.E. 2 "d Avenue, Delray Beach, FL 33483, expressed concern over the negative problems in this area relating to crime and stated that they called upon the Police and Code Enforcement every day. Mrs. Quillien stated there are plenty of single- family homes and two - bedroom apartments and feels these single apartments help people "fall in love" with Delray Beach. Deb Sullivan, 1002 Lakeshore Drive and representing Kevro's Art Bar, 166 S.E. 2" Avenue, Delray Beach, stated they support the project and reminded everyone that prior to it being SOFA there was a plan called Atlantic Shores that had received site plan approval. She stated this past Thursday she had the opportunity to tour some tech people around the south side neighborhood who are looking to make a capital investment and bring some jobs south side as well. One of the tours they mentioned during this tour was the vacant land because they felt it was a stop gap and it gave the perception of "blight ". Ms. Sullivan stated she and others have admired the City Manager for his professionalism and follow -up skills and noted he will be missed. Kevin Rouse, Kevro's Art Bar, 1002 Lakeshore Drive, Delray Beach, FL 33444 (home address), fully supports this project. Mr. Rouse stated at the last meeting he submitted signatures of several business owners in his neighborhood and entered into the record a few more signatures. He thanked Mayor McDuffie and the City Manager for their service to the city. James Quillien, 925 S.E. 2"d Avenue, Delray Beach, FL 33483, wholeheartedly supports this project. Jeremv Olsher. 2435 S.W. 22 "d Avenue. Delrav Beach. FL 33445 (real estate broker), stated he has plenty of people looking for one - bedroom apartments in the downtown area and he cannot accommodate them. Mr. Olsher stated this project is very impressive to him and he likes how this is a "green" project and a rental project. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated this project is developed and presented properly and the residents are also support it. There being no one else from the public who wished to address the Commission regarding the conditional use, the public hearing was closed. Delray Beach. applicant. Mr. Jacquet stated this is an example of how we should do business in The City Attorney asked if there is any rebuttal from City staff or the 19 12/11/12 Paul Dorling, AICP, Director of Planning and Zoning, stated he has been having meetings with people that want to develop property in town and he is seeing is projects that are really slighted to providing efficiencies and one - bedrooms. Mr. Jacquet reiterated that he is in full support of this in granting the waiver because he feels we need this in the community and it sets an example. Mr. Handler stated they presented substantial competent evidence that there is a need now that is not being met with regard to efficiencies and one - bedroom units in the consulting report and as of right now there is a need that is going to be satisfied only in part by this worthy project. The City Attorney stated the Commission declared their ex parte communication for Item 10.B. and 103.1 and confirmed that their ex parte communications is the same for both 10.C. and 10.C.1. At this point, a representative from the Related Group stated they are committed to making this project successful. Mr. Frankel stated everyone spoke in favor and no one spoke against the project. Mr. Frankel stated that Mr. Kanter is correct that with regard to the studio apartments there are a great deal of single people who do not need a large amount of space. Mr. Frankel stated this is an ideal project and fully supports it. Mrs. Gray stated this project helps serve one of the City's concerns to try and create a sustainable downtown year -round and it also will help take care of the fact that we are going to be attracting more young professionals and secondary education. Mrs. Gray stated this is a great project that will not only add to our tax base but will also create jobs and she supports it. Mr. Carney stated when he met with the Related Group and then later with Mr. Handler they both stated that this would be a project that Delray Beach would be proud of Mr. Carney stated they have done exactly what they have said they were going to do and supports this project. Mayor McDuffie stated he was born and raised in Osceola Park and stated he got on the Commission about six (6) years ago and at the Goal Setting sessions he has asked that the City get something in that area to light this area up. He commended the people in Osceola Park for helping rebuild this community and this project will connect Osceola Park with Atlantic Avenue. Mayor McDuffie stated he supports this project 100 %. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). 20 12/11/12 Mr. Jacquet moved to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 10.B.1. WAIVER REQUEST /SOUTH OF ATLANTIC (SOFA) BUILDING #1: Consider a request for waiver to Land Development Regulations (LDR) Section 4.7.9(i), "Family Workforce Housing ", to allow an increase in the percentage of one bedroom units in the project to exceed the 30% maximum allowed (56.41% proposed) for SOFA Building #1, located on the east side of S.E. 3rd Avenue, between S.E. 1st Street and S.E. 2nd Street. (Quasi- Judicial Hearing) Mr. Jacquet moved to adopt the Board Order approving the waiver request for SOFA Building #1, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. 10.C. CONDITIONAL USE REQUEST /SOUTH OF ATLANTIC (SOFA) BUILDING #2: Consider approval of a conditional use request to Land Development Regulations (LDR) Section 4.4.13(I), "Performance Standards ", to allow a density in excess of 30 units per acre (64.7 du /ac proposed) for SOFA Building #2, located on the west side of S.E. 2nd Avenue, between S.E. 1st Street and S.E. 2nd Street in conjunction with the construction of 55 residential units within a 4 -story structure. (Quasi- Judicial Hearing) Mr. Frankel moved to adopt the Board Order approving the conditional use request for SOFA Building #2 subject to the conditions a -h set forth in Exhibit "A" attached to the Board Order, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 10.C.1. WAIVER REQUEST /SOUTH OF ATLANTIC (SOFA) BUILDING #2: Consider a waiver request to Land Development Regulations (LDR) Section 4.7.9(i), "Family Workforce Housing ", to allow an increase in the percentage of one bedroom units over the maximum of 30% allowed (54.5% proposed) for SOFA Building 92, located on the west side of S.E. 2nd Avenue, south of S.E. 1st Street. (Quasi- Judicial Hearing) Mr. Jacquet moved to adopt the Board Order approving the waiver request for SOFA Building #2, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 10.D. WAIVER REQUEST/ 1240 SEASPRAY AVENUE: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.14(B)(1), "Sight Visibility Triangle Measurements, Driveway Intersecting Street or Alley ", to 21 12/11/12 allow a seven foot (7') reduction of the minimum ten foot (10') sight visibility triangle requirement within the North Beach Overlay District for the Barbara Residence located at 1240 Seaspray Avenue. (Quasi- Judicial Hearing) Mayor McDuffie asked the Commission to disclose their ex parte communication. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -016 into the record. Mr. Dorling stated this is a waiver to reduce the required site visibility triangle from 10 feet to 3 feet for a clear line of site on both sides of the proposed two access points to a single family development proposed at 1240 Seaspray Avenue for a two -story single family residence within the North Beach Overlay District. He stated the findings for LDR Section 2.4.7(B)(5) are made in the staff report. Mr. Dorling stated it is noted that this is a residential street and is not anticipated to be widened so when the vehicle gets out to the road it does have the required ten (10) feet but because the code requires it to be measured from the property line it does not meet the requirements and needs a waiver. At its meeting of November 28, 2012, the Site Plan Review and Appearance Board (SPRAB) considered this item and approved the request waiver to the 10 foot sigh visibility triangle. Andrew Overmyer, 6115 Francis Street, Jupiter, FL 33458 (Parker United Design Group), applicant, stated he is present for any questions the Commission may have. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no rebuttal or cross - examination. Mr. Carney confirmed that this is one of those streets where the yard goes out beyond the property line and they are not going to be widening the road. Staff stated Mr. Carney is correct. Mr. Frankel stated he has no objection. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). 22 12/11/12 Mrs. Gray moved to adopt the Board Order as presented approving the waiver request, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 10.E. CONDITIONAL USE REQUEST /OCEAN CITY PROPERTIES, LTD.: Consider approval of a conditional use request to convert 10,800 sq. ft. of existing retail space to a 3,550 sq. ft. full service restaurant and bar with a 7,250 sq. ft. bowling alley with eight (8) lanes, located within the Ocean City Lumber Complex at N.E. 2nd Avenue, between East Atlantic Avenue and N.E. 1st Street. (Quasi- Judicial Hearing) Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated months ago he spoke with the applicant about this project and he showed him the plans. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2012 -196 into the record. Mr. Dorling stated this is a conditional use request to convert 10,800 square feet of existing retail space into a 3,550 square foot full service restaurant and bar and a 7,250 square foot bowling alley with eight (8) lanes. He stated this is within the Ocean City development located at the southeast corner of 1st Street and N.E. 2nd Avenue (Pineapple Grove Way). Mr. Dorling stated this is north of the existing House of Siam restaurant. The applicant will occupy the entire building with the conditional use. Mr. Dorling stated it will have operating hours from 11:00 a.m. — 2:00 p.m. seven (7) days a week and a seating capacity restaurant will be 160 people and it will employ 15 employees working three shifts to accommodate lunch, diner, late night dinner, and bowling. The site will utilize the existing parking surplus for the site of 22 spaces and the conversion of use requires 15. Mr. Dorling stated staff has confirmation that they can utilize those spaces leaving a parking surplus of seven (7) spaces. At its meeting of November 19, 2012, the Planning and Zoning Board considered the conditional use request for the Downtown Bowling and recommended approval. Mr. Dorling stated the applicant has submitted revised plans addressing many of these comments but since staff has not fully reviewed those plans he requested that the Commission adopts it subject to all of these conditions. Steven Dapuzzo, Downtown Bowling Project, briefly reviewed the project and stated this is geared toward businesses, families, and at night a little more of an adult environment. Mr. Dapuzzo stated the facility is going to be 10,800 square feet with full service restaurant. 23 12/11/12 Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please come forward. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated he was at the Planning and Zoning meeting and supports the project because it will give us more entertainment. However, Dr. Kirson stated he does not like the restriction and feels the reasons given at the Planning and Zoning Board meeting have no merit. Howard Kanter, 101 Pugliese Way, Delray Beach, FL, stated his office is across the street from this building with over 70 employees and he fully supports the project. Mr. Kanter stated currently in the downtown there are only restaurants and bars and this will provide another avenue for them to enjoy downtown Delray Beach. Also, Mr. Kanter stated he does not see any downside into having a bar pedestal on the outside because he feels it will bring foot traffic to that area. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, stated he attended the Planning and Zoning meeting as well and concurs with comments expressed by Dr. Kirson. Mr. Blum stated he would like to see even more lanes. There being no one else from the public who wished to address the Commission regarding the conditional use, the public hearing was closed. Mr. Dorling briefly discussed his concerns with the bar. The City Manager stated this will have to go before SPRAB. Brief discussion between the applicant and the Commission ensued. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). It was the consensus of the Commission to remove condition #5 on Exhibit "A" Mr. Frankel moved to adopt the Board Order as presented (removing condition #5 from Exhibit "A "), seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 10.F. AUTHORIZE CONTRACT NEGOTIATIONS FOR A NEW CITY MANAGER: Consider authorizing the City Attorney to enter into contract negotiations with the Commission's first choice for the new City Manager. 24 12/11/12 Mr. Frankel made a few brief reasons for his vote and stated he supports Mr. Smith. Mr. Jacquet made a few brief reasons for his vote and stated he supports Mr. Chapman. Mr. Carney stated both candidates are very good and gave a few brief reasons for his support of Mr. Chapman. Mrs. Gray stated she is still in support of Mr. Chapman. Mayor McDuffie briefly discussed the hiring process. The City Manager stated he will support whoever is chosen but he respectfully disagrees with Mr. Chapman and he supports Mr. Smith. Mrs. Gray moved to authorize the City Attorney to begin contract negotiations as soon as possible with Louie Chapman for the new City Manager, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — No; Mrs. Gray — Yes; Mayor McDuffie — No; Mr. Carney — Yes. Said motion passed with a 3 to 2 vote, Commissioner Frankel and Mayor McDuffie. At this point, the time being 9:48 p.m., Commissioner Jacquet left the dais. 10.G. PROPOSED SPONSORSHIP/ CLEVELAND CLINIC/INTERNATIONAL TENNIS CHAMPIONSHIPS AND CHAMPIONS TOUR: Consider approval of a proposed two (2) year sponsorship arrangement between the City and Cleveland Clinic for the Delray Beach International Tennis Championships and Champions Tour. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to approve a revised proposed two (2) year sponsorship agreement between the City of Delray Beach and the Cleveland Clinic for the International Tennis Championships and Champions Tour. Mr. Barcinski stated as part of this there is a medical services agreement and Mr. Baron was willing to allow that to be part of this in order for the City to get some sort of sponsorship. Mr. Barcinski stated what is now being offered is a cash barter; the first part is $25,000 cash; $13,000, $30,000 and $14,000 and the second half is for the medical services. He stated based on those numbers after payment of the 20% commission to IMG; 5% of the balance to Match Point per the agreement and to provide a tent for the Delray Affair ($500). The balance left for the City net in fiscal year 2013 would be $18,500 and in fiscal year 2014 would $22,300. Mr. Barcinski stated staff recommends approval of this proposed sponsorship agreement as presented contingent on the final acceptance by Cleveland Clinic, Match Point, and the City Attorney and if approved with those conditions formal agreements will be brought back to the Commission in January. 25 12/11/12 Mr. Barcinski stated Mr. Baron needs an answer by tomorrow. Mr. Carney stated he feels it is too low. Mr. Frankel stated he too feels it is too low. Mrs. Gray stated she feels it is too low. Mr. Frankel moved to approve the proposed two (2) year sponsorship agreement between the City of Delray Beach and the Cleveland Clinic for the Delray Beach International Tennis Championships and Champions Tour, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Frankel — No; Mrs. Gray — No; Mayor McDuffie — No; Mr. Carney — No. Said motion was DENIED with a 4 to 0 vote. 10.11. RESOLUTION NO. 62 -12: Approve Resolution No. 62 -12; establishing specific program guidelines for economic development incentive programs funded through the City budget and the Delray Beach Economic Development Fund. The caption of Resolution No. 62 -12 is as follows: A RESOLUTION OF THE CITY OF DELRAY BEACH RECOGNIZING THE IMPORTANCE OF ECONOMIC DEVELOPMENT AND ECONOMIC DEVELOPMENT INCENTIVES TO THE FINANCIAL STABILITY OF THE CITY APPROVING AN ECONOMIC DEVELOPMENT INCENTIVES POLICY FOR THE CITY OF DELRAY BEACH PROVIDING FOR SEVERABILITY PROVIDING FOR REPEALER PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 62 -12 is on file in the City Clerk's office.) Vin Nolan, Economic Development Director with the Community Redevelopment Agency (CRA), stated if this resolution is adopted this evening it would codify some actual programs to spend the money which the Commission authorized in the fiscal year 2012 -13 for economic development incentives. Mr. Nolan explained two programs; a rent assistance program and a job creation program. He stated these programs will provide rent assistance for companies that take long term rental of office space and it will funded over multiple years. Mr. Nolan stated the j ob creation assistance program is more of a one -time grant style program based on the number of new jobs created and there is more flexibility that with allow the CRA to do some things for local companies looking to expand. 26 12/11/12 Mrs. Gray asked with regard to the job creation portion how would Mr. Nolan actually track how long they would actually keep the employees. In response, Mr. Nolan stated there is a system they are hoping to put in place soon that he and Nigel Roberts are working on and there is a software program that will allow them to track the commitments that have been made and automatically generate recording requirements back from the companies that will report to them. Mr. Carney stated he is very happy to see this as it relates to in -town businesses. He stated some of the other programs which we do allow for new businesses coming into town but that we also expand that to encourage our local businesses. Mr. Frankel moved to approve Resolution No. 62 -12, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 10.I. WRITE -OFF SPECIAL EVENTS DEBT: Consider approval of write offs in the amount of $51,137.71 owed to the City for various Special Events. Robert A. Barcinski, Assistant City Manager, stated this is a request to consider approval of write -offs of amounts owed debt for events that happened some time ago. Mr. Barcinski stated staff provided a list of those events, contact, the amount, the date the event was held, and the date staff first invoiced. He stated staff made numerous attempts to collect this debt. on the Board. Mrs. Gray commented about the Roots Cultural and stated is not currently Mayor McDuffie asked who Delray Beach entertainment is. Mr. Frankel moved to approve the write -off amount of $51,137.71 owed to the City for various special events, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 10.J. OFFER OF SETTLEMENT IN LANDMARK ADVERTISING, LLC. v. CITY OF DELRAY BEACH: Consider an Offer of Settlement in Landmark Advertising LLC. v. City of Delray Beach. Staff recommends denial. The City Attorney stated this is a case where the City has been served with a lawsuit and the claim involved the claim that the applicant had filed two applications for two billboards and those were denied. At this time, the City Attorney stated staff does not feel that there is an issue with the City's sign code. The City Attorney stated the applicant has provided a settlement agreement which they have made some modifications to that based on comments that he returned back to them. The City Attorney stated the biggest part of the settlement agreement is that they would be allowed to put up two billboards the same size and style of what is on I -95 in Delray now. He stated the 27 12/11/12 applicant would pay the City $75,000 in settlement of this matter for each location. The City Attorney stated staff recommends denial of this because they do not feel there is any issue with the City's sign code; however, he cannot be 100% certain that the City would prevail. Michael Weiner, Attorney with Weiner, Lynne and Thompson, P.A., 10 S.E. 1st Avenue, Delray Beach, FL 33444, representing the applicant, stated there are few opportunities for signs left and these are the last two that are commercially available. Mr. Weiner stated the applicant is offering $100,000 per permit for the signs. Wade Johnson, Landmark Advertising, LLC, 4255 Tidewater Drive, Orlando, FL 32812, stated there are only two more viable locations remaining on I -95 in Delray Beach and there are currently eight signs in Delray Beach on I -95. Mr. Johnson stated Landmark is looking to obtain permits to build the last two buildable locations and the applicant paid the City $100,000 for each of those two permits. He stated these billboards are quality structures. Mr. Frankel agrees with the City Attorney to deny the settlement proposal. Mrs. Gray supports the City Attorney as well. The City Attorney stated the settlement is modified to $100,000. Mr. Frankel moved to approve the Offer of Settlement, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Carney — No; Mr. Jacquet — No; Mr. Frankel — No; Mrs. Gray — No; Mayor McDuffie — No. Said motion was DENIED with a 5 to 0 vote. 10.K. REVISED GENERAL EMPLOYEES INVESTMENT POLICY GUIDELINES: Consider approval of a revised General Employees Investment Policy Guidelines. (ADDENDUM) The City Attorney stated the General Employees' Pension Board had a meeting on Thursday morning where the Board adopted a policy and it is not really changing what they currently allow other money managers to do; this allows a new money manager to have the same requirements as another fixed money manager. Mr. Carney moved to approve the revised General Employees Investment Policy Guidelines, seconded by Mr. Frankel. 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. 10.L. BID AWARD/ELEV8 SPORTS INSTITUTE: Consider approval of a bid award to ELEV8 Sports Institute in the amount of $38,400.00 for the annual landscape maintenance of three (3) ballfields at Pompey Park. Funding is available from 001 - 4131 -572 -34.90 (General Fund: Other Contractual Service. (ADDENDUM) 28 12/11/12 Linda Karch, Director of Parks and Recreation, stated this is a request for consideration of the approval of bid award to ELEV8 Sports Institute in the amount of $38,400.00 for the annual landscape maintenance of the three (3) ballfields at Pompey Park. Ms. Karch stated the bid award is for the annual landscape maintenance contract which includes infield repairs, lip repair of the infields, and the cost of clay and sod replacement. Two companies submitted bids on September 25, 2012; ELEV8 Sports Institute quoted $38,400.00 and Sports Turf One, Inc. who currently maintain the fields, quoted $48,047.72. Staff recommends the annual landscape maintenance contract to the low bidder ELEV8 Sports Institute. Mrs. Gray moved to approve the bid award to ELEV8 Sports Institute in the amount of $38,400.00 for the annual landscape maintenance of three (3) ballfields at Pompey Park, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non - Agenda Items from the City Manager, City Attorney and City Commission. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. B.A. City Manager The City Manager stated with regard to contract negotiations for the new City Manager he expects that the Commission will hold a special meeting possibly even more than one as the process proceeds. 13.11. City Attorney The City Attorney had no comments or inquiries on non - agenda items. B.C. City Commission 13.C.1. Mr. Jacquet Mr. Jacquet had no comments or inquiries on non - agenda items. 13.C.2. Mr. Carney Mr. Carney Mr. Carney stated it is very important that the Commission give their input with regard to the City Manager's contract. 29 12/11/12 The City Attorney asked for direction regarding the negotiations of the City Manager's contract. It was the consensus of the Commission that before presenting Mr. Chapman with a contract that the Commission has dialogue prior to holding a Workshop meeting. Secondly, Mr. Carney acknowledged Margie Walden with the Alliance of Delray who won the 2012 MVP for the Palm Beach County Sports Commission for bringing $9 million worth of sporting events to Delray Beach. 13.C.3. Mrs. Gray Mrs. Gray congratulated Margie Walden and stated she has brought all kinds of Sports to the City last year (i.e. lacrosse and netball). Mrs. Gray stated there was a national Net Ball Tournament held this weekend at Pompey Park and all the international people were here. Mrs. Gray thanked the Commission for their support on the Economic Development Board. The City Attorney suggested that this be placed on a Workshop meeting and the Commission can decide if they would like it more formalized like an ordinance or resolution. 13.C.4. Mr. Frankel Mr. Frankel commented about the Menorah Lighting and thanked Scott Porten for the great job he did, Andre Fladell for organizing the program, and the City Commission and City staff. 13.C.5. Mayor McDuffie Mayor McDuffie had no comments or inquiries on non - agenda items. There being no further business, Mayor McDuffie declared the meeting adjourned at 10:24 p.m. ATTEST: MAYOR City Clerk 30 12/11/12 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on December 11, 2012, which Minutes were formally approved and adopted by the City Commission on 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 some amendments, additions or deletions as set forth above. 31 12/11/12 2012, 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 HYATT PLACE 1. This waiver request came before the City Commission on December 11, 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Hyatt Place. 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 LDR Section 4.3.3(V)(2)(c)(1) Pursuant to LDR Section 4.3.3(V)(2)(c)(1), a written request to establish a stand -alone bar will be valid for a period not to exceed 6 months. The applicant is asking for a waiver to allow an extension of the time frame from December, 2012 to April, 2013. Should the waiver to Section 4.3.3(V)(2)(c)(1) be granted? Yes ✓ No 1 City Commission Meeting on December 11, 2012; Item 1 0.A. 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 11 th day of December 2012, by a vote of 5 in favor and 0 opposed. ATTEST: Chevelle Nubin, City Clerk 2 City Commission Meeting on December 11, 2012; Item 1 0.A. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE MODIFICATION REQUEST FOR SOFA BUILDING #1 ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request to increase the residential density of the project to 62.2 dwelling units per acre for the SOFA Building #1 development, located on the east side of SE 3rd Avenue, between SE 1St Street and SE 2nd Street, has come before the City Commission on December 11, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for the SOFA Building #1 development. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan - Future Land Use Element Obiective A -1: This objective requires that the property shall be developed or redeveloped as it pertains to height, in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. Is this objective met? Yes ✓ No b. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of Commercial Core and is zoned Central Business District. 1 Decembe 11, 2012 City Commission Meeting; Item 1 0.B. Future Land Use - Is project's proposed location consistent with the Future Land Use Map? Yes ✓ No C. Concurrence: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes ✓ No d. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes ✓ No II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes ✓ No b. Increase in Density. Pursuant to LDR Section 4.4.13(1), an increase in density greater than 30 dwelling units per acre may be approved by the City 2 Decembe 11, 2012 City Commission Meeting; Item 1 0.B. Commission as a conditional use for property within the Central Core portion of the CBD, provided that 20% of the residential units above 30 dwelling units per acre in the commercial core shall be workforce housing units. The workforce housing units shall be divided between low and moderate income levels and shall be provided either onsite, offsite or through a monetary contribution. 1. The applicable performance standards for development under this section are met as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. (b) if the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. (c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi -level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot, and landscaping. (e) The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards or similar areas and /or amenities. (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. (h) Projects fronting on Atlantic Avenue, NW /SW 5th Avenue, NE 1s' Street or SE 1St Street contain nonresidential uses on the ground floor. At 3 Decembe 11, 2012 City Commission Meeting; Item 1 0.B. least 75% of the surface area of the front street wall(s) at the ground floor area of each such building is devoted to display windows and to entrances to commercial uses from outside the building. (i) The landscape plan for the development preserves and incorporates existing native vegetation (where available), provides new landscaping that is in excess of minimum standards (in height and quantity), demonstrates innovative use of plant material, improves site design, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction. Are these requirements met? Yes ✓ No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves ✓ denies the conditional use request set forth above subject to the conditions set forth in Exhibit A, attached hereto and made a part hereof, and hereby adc pts this order this 11th day of December, 2012, by a vote of /-j in favor /of applpV14kand 0 opposed. ATTEST: Chevelle Nubin City Clerk Nelson S. McDuffie, M 4 Decembe 11, 2012 City Commission Meeting; Item 1 0.B. InVV!11 7YiA TO THE CONDITIONAL USE MODIFICATION REQUEST FOR SOFA BUILDING #1 1. That the applicant submit an application for Class V Site Plan Approval which at a minimum addresses the following issues identified in the Planning and Zoning staff report: a. A contribution of approximately one -half the cost of a bus shelter must be paid prior to certification of the site plan for the development. b. A secure storage area for bicycles, such as lockers, be provided for residents. C. The amenity deck should be designed to minimize the transmission of noise into the surrounding area. d. Amplified music will not be permitted on the amenity deck areas. e. A note shall be placed on the site plan to indicate nine and one -half feet {95} of height in the parking garage to allow the access of handicap vans. f. Utilization for the City's right -of -way on SE 2nd Street for a loading space must be approved by the City Engineer or alternate loading options must be provided. g. Modify the site data on the site plan to utilize the post dedication site area for the open space calculation. h. A note indicating that utility facilities serving the development shall be located underground throughout the development be placed on the site plan. i. A plat must be processed and recorded prior to issuance of a building permit. j. Verification from the Palm Beach County School District that the project will meet school concurrency must be provided. Decembe 11, 2012 City Commission Meeting; Item 1 0.B. 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 ASSOCIATED WITH SOFA BUILDING #1 1. This waiver request to permit an increase in the percentage of one bedroom units to exceed the 30% maximum allowed (56.41% proposed) associated with SOFA Building #1, located on the east side of SE 3rd Avenue, between SE 1'� Street and SE 2nd Street came before the City Commission on December 11, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request to permit an increase in the percentage of one bedroom units associated with SOFA Building #1. 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(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. A. Waiver to Permit an Increase in the Percentage of One Bedroom Units Allowed: Pursuant to LDR Section 4.7.9(1), the total number of one bedroom (1 BR) units in any qualifying project shall not exceed 30% of the total number of units in the project. The waiver request is to allow the increase in the percentage of one bedroom units from the maximum allowed 30% to 56.41 %. Does the waiver request to increase the maximum allowed number of one bedroom (1 BR) units meet all the requirements of 2.4.7(B)(5)? December 11, 2012 City Commission Meeting; Item 10.6.1 Yes ✓ No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the waiver request to LDR Section 4.7.9 (I). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 11th day of December, 2012, by a vote of opposed. ATTEST: \\ \\ Chevelle Nubin, City Clerk 2 5 in favoriand 0 Nelson`S. McDuffie, Maya& December 11, 2012 City Commission Meeting; Item 10.6.1 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE MODIFICATION REQUEST FOR SOFA BUILDING #2 ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request to increase the residential density of the project to 64.70 dwelling units per acre for the SOFA Building #2 development, located on the west side of SE 2nd Avenue, south of SE 1$t Street, has come before the City Commission on December 11, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for the SOFA Building #2 development. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and 11. I. COMPREHENSIVE PLAN a. Comprehensive Plan - Future Land Use Element Objective A -1: This objective requires that the property shall be developed or redeveloped as it pertains to height, in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. Is this objective met? Yes ✓ No b. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of Commercial Core and is zoned Central Business District. 1 December 11, 2012 City Commission Meeting; Item 1 0.C. Future Land Use - Is project's proposed location consistent with the Future Land Use Map? Yes ✓ No C. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes ✓ No d. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes ✓ No IL LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes ✓ No 2 December 11, 2012 City Commission Meeting; Item 1 0.C. b. Increase in Density. Pursuant to LDR Section 4.4.13(1), an increase in density greater than 30 dwelling units per acre may be approved by the City Commission as a conditional use for property within the Central Core portion of the CBD, provided that 20% of the residential units above 30 dwelling units per acre in the commercial core shall be workforce housing units. The workforce housing units shall be divided between low and moderate income levels and shall be provided either onsite, offsite or through a monetary contribution. 1. The applicable performance standards for development under this section are met as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. (c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi -level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot, and landscaping. (e The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards or similar areas and /or amenities. (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. 3 December 11, 2012 City Commission Meeting; Item 1 0.C. (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. (h) Projects fronting on Atlantic Avenue, NW/SW 5t" Avenue, NE 1St Street or SE 1St Street contain nonresidential uses on the ground floor. At least 75% of the surface area of the front street wall(s) at the ground floor area of each such building is devoted to display windows and to entrances to commercial uses from outside the building. (i) The landscape plan for the development preserves and incorporates existing native vegetation (where available), provides new landscaping that is in excess of minimum standards (in height and quantity), demonstrates innovative use of plant material, improves site design, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction. Are these requirements met? Yes ✓ No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves ✓ denies the conditional use request set forth above subject to the conditions set forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this order 4 December 11, 2012 City Commission Meeting; Item 1 0.C. this 11th day of December, 2012, by a vote of 5 in favor of approyal_O�d 0 opposed. ATTEST: Chevelle Nubin City Clerk Nelson S. McDuffie, Ma 5 December 11, 2012 City Commission Meeting; Item 1 0.C. PY411RIT A TO THE CONDITIONAL USE MODIFICATION REQUEST FOR SOFA BUILDING #2 a. That a site plan be processed to accommodate all conditions listed below; b. Provide a contribution of approximately one -half the cost of a bus shelter to be paid prior to site plan certification; c. Provide a secure storage area for residents' bicycles, such as lockers; d. Modify the site plan to provide one additional parking space to meet the parking requirements of the project; e. A note shall be placed on the site plan to indicate that a minimum of nine and one -half feet (9.5') of height in the parking garage is provided to allow the access of handicap vans; f. Modify the site data on the site plan to utilize the post dedication site area for the open space calculation; g. A plat must be processed and recorded prior to issuance of a building permit; and h. Provide verification from the Palm Beach County School District that the project will meet school concurrency. December 11, 2012 City Commission Meeting; Item 1 0.C. 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 ASSOCIATED WITH SOFA BUILDING #2 1. This waiver request to permit an increase in the percentage of one bedroom units to exceed the 30% maximum allowed (54.5% proposed) associated with SOFA Building #2, located on the west side of SE 2nd Avenue, south of SE 1st Street came before the City Commission on December 11, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request to permit an increase in the percentage of one bedroom units associated with SOFA Building #2. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. WAIVER: Pursuant to 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. A. Waiver to Permit an Increase in the Percentage of One Bedroom Units Allowed: Pursuant to LDR Section 4.7.9(1), the total number of one bedroom (1 BR) units in any qualifying project shall not exceed 30% of the total number of units in the project. This waiver request is to allow the increase in the percentage of one bedroom units from the maximum allowed 30% to 54.5 %. Does the waiver request to increase the maximum allowed number of one bedroom (I BR) units meet all the requirements of 2.4.7(B)(5)? December 11, 2012 City Commission Meeting; Item 10.C.1 Yes ✓ No I The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the waiver request to LDR Section 4.7.9 (I). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 11 th day of December, 2012, by a vote of 5 jn- vy "d 0 opposed. ATTEST: Nelson S. McDuffie, Ma Chevelle Nubin, City Clerk K December 11, 2012 City Commission Meeting; Item 10.C.1 2012. 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 1240 SEASPRAY AVENUE 1. This waiver request came before the City Commission on December 11, 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for 1240 Seaspray Avenue. 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 LDR Section 4.6.14(B)(1) Pursuant to LDR Section 4.6.14(6)(1), the area on both sides of a driveway, as measured by the intersection of a driveway and a street or alley with a length of ten feet (10') along the driveway, a length of ten feet (10') along the street right -of -way and the third side being a line connecting the ends of the other two lines, shall not be obstructed at a height between three feet (3') and six feet (6). The applicant is asking for a waiver to allow for six foot (6') Coconut Palms to be placed within this area, which is in the site visibility triangle as measured above. 1 December 11, 2012 City Commission Meeting; Item 10.D. Should the waiver to Section 4.6.14(B)(1) be granted? Yes ✓ No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 11th day of December 2012, by a vote of 5 in favor ,,and 0 opposed. ATTEST: Nelson S. McDuffie, Mayo Chevelle Nubin, City Clerk E December 11, 2012 City Commission Meeting; Item 10.D. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST TO ALLOW THE CONVERSION OF 10,800 SQ. FT. OF RETAIL SPACE TO A 3,550 SQ. FT. FULL SERVICE RESTAURANT AND BAR CONTAINING A 7,250 SQ. FT. BOWLING ALLEY FOR DOWNTOWN BOWLING AT THE OCEAN CITY LUMBER SITE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on December 11, 2012. The conditional use request is to allow the conversion of 10,800 sq. ft. of retail space to a 3,550 sq. ft. full service restaurant and bar containing a 7,250 sq. ft. bowling alley with eight (8) lanes for Downtown Bowling at the Ocean City Lumber site. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Downtown Bowling. All of the evidence is a part of the record in this case. Required findings are made in Sections I and II below. I. COMPREHENSIVE PLAN a. Comprehensive Plan - Future Land Use Element Objective A -1: This objective requires that the property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. Is this objective met? Yes ✓ No b. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be 1 December 11, 2012 City Commission Meeting; Item 1 0.E. consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of Commercial Core and is zoned Central Business District. Future Land Use - Is project's proposed location consistent with the Future Land Use Map? Yes ✓ No C. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the Cite to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes ✓ No d. Consistency : Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes ✓ No IL LDR REQUIREMENTS A. Section 2.4.5(E)(5) requires certain findings: The conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2. Hinder development or redevelopment of nearby properties. 2 December 11, 2012 City Commission Meeting; Item 1 0.E. Has this requirement been met? ✓ Yes No 3, The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use application was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports and testimony of witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the conditional use application subject to the conditions attached hereto in Exhibit "A° and hereby adopts this Order this 11th day of Decembe , 2012, a vote of 5 in favor and 0 opposed. Nelson S. McDuffie, May r ATTEST: Chevelle Nubin City Clerk 3 December 11, 2012 City Commission Meeting; Item 1 0.E. EXHIBIT "A" Conditions Related to the Conversion of 10,800 sq. ft. of Retail Space to a 3,550 sq. ft. Full Service Restaurant and Bar Containing a 7,250 sq. ft. Bowling Alley Provide calculations on the approved plan that specify the percent of existing, required and proposed transparent or glass surface area provided on the ground level. The minimum required glass surface is seventy -five percent (75 %). All proposed elevation changes shall increase the existing glass surface area to look inviting to on street pedestrians. 2. Rename the north elevation that is presently labeled incorrectly as "Existing" on Sheet A -8 to "Proposed north elevation ". Change the number of spaces described under "Net Reduction" describing the reduction in surplus spaces available after approval from "7" spaces to "15" spaces. 4. 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. Modify the site data and parking data to indicate the square footage allocated to all outside dining areas. This is proposed new restaurant use area which was not previously subject to parking. Parking shall be assessed for these areas at a restaurant rate of six (6) spaces per 1,000 square feet of gross floor area, pursuant to LDR Section 4.4.13(G)(1)(d). This shall increase the parking requirement by six (6) spaces, thus reducing the remaining parking surplus to seven (7) spaces. 6. 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 limiting parking availability for future expansion to seven (7) spaces, whereas twenty -two (22) spaces would otherwise be available. The parking requirement for the proposed conditional use is fifteen (15) new parking spaces. This will reduce the existing twenty -two (22) space parking surplus by fifteen (15) spaces. While the proposed 10,800 sq, ft. development proposal enjoys the benefit from fifteen (15) surplus parking spaces currently available, the remaining tenants on the 2.49 acre site will have a reduced benefit of the resulting seven (7) surplus parking spaces or be subject to a charge of $7,800 per in -lieu parking space in order to meet any parking requirement above and beyond the seven (7) space parking surplus. 7. Should the owner (Ocean City Properties Ltd.) decline 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 December 11, 2012 City Commission Meeting; Item 1 0.E. 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. December 11, 2012 City Commission Meeting; Item 1 0.E. JANUARY 3, 2013 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Thursday, January 3, 2013. 1. 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 2. The opening prayer was delivered by Reverend Ed Bolella, Director of Religious Education/Unitarian Universalist Fellowship. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie requested that Item 10.F., Parks and Recreation Policies and Procedures for Facilities Use and Rental Fees be removed from the agenda. Mr. Carney requested that Item 8.D., Service Authorization No. 12- 05/Matthews Consulting, Inc. be removed from the Consent Agenda and moved to the Regular Agenda as Item 10.A.A. Mrs. Gray requested that Item 8.L., Interlocal Agreement /Palm Beach County: Information Systems Services (ISS) Network Services be moved from the Consent Agenda to the Regular Agenda as Item 10.A.A.A. Mr. Frankel moved to approve the agenda as amended, 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. 01/03/13 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the Special/Workshop Meeting of November 13, 2012, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie - Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to approve the Minutes of the Regular Meeting of December 4, 2012, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to approve the Minutes of the Special Meeting of December 7, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Martin Luther King, Jr. Day — January 21, 2013 Mayor McDuffie read and presented a proclamation hereby proclaiming January 21, 2013 as Martin Luther King, Jr. Day. Lillian Strainge came forward to accept the proclamation and gave a few brief comments. 6.B. Calling for the First Non - Partisan Election to be held on March 12, 2013 Mayor McDuffie read and presented a proclamation hereby calling for the First Non - Partisan Election to be held on March 12, 2013. Chevelle D. Nubin, City Clerk came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. RESOLUTION NO. 04 -13: Approve Resolution No. 04 -13 recognizing and commending Mr. David T. Harden for his dedicated service to the City of Delray Beach. The caption of Resolution No. 04 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA RECOGNIZING AND COMMENDING MAYOR NELSON S. McDUFFIE FOR HAVING SERVED THE CITY OF DELRAY BEACH WITH DISTINCTION AND DEDICATION. 2 01/03/13 (The official copy of Resolution No. 04 -13 is on file in the City Clerk's office.) Mayor McDuffie read and presented Resolution No. 04 -13 to David T. Harden for his dedicated service to the City of Delray Beach and gave a few brief comments. David T. Harden came forward to accept the proclamation. Mr. Carney moved to approve Resolution No. 04 -13, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 7.B. Tribute to Mr. David Harden from the State of Florida — Representative Bobby Powell, Jr. (ADDENDUIW Representative Bobby Powell, Jr., (District #88 which covers Lake Park, Rivera Beach, Mangonia Park, West Palm Beach, Lake Worth, Lantana, Boynton Beach and Delray Beach), paid tribute to David T. Harden and presented him with a plaque. 7.C. RESOLUTION NO. 05 -13: Approve Resolution No. 05 -13 recognizing and commending Mayor Nelson S. McDuffie for his dedicated service to the City of Delray Beach. The caption of Resolution No. 05 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA RECOGNIZING AND COMMENDING MAYOR NELSON S. McDUFFIE FOR HAVING SERVED THE CITY OF DELRAY BEACH WITH DISTINCTION AND DEDICATION. (The official copy of Resolution No. 05 -13 is on file in the City Clerk's office.) Vice Mayor Carney read Resolution No. 05 -13 and presented Mayor McDuffie with a plaque. Mr. Frankel moved to approve Resolution No. 05 -13, seconded by Mrs. Gray. 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. 8. CONSENT AGENDA: City Manager Recommends Approval. 3 01/03/13 8.A. RESOLUTION NO. 03 -13: ABANDONMENT OF WATER EASEMENT: FRANKLIN AT DELRAY BEACH: Approve Resolution No. 03 -13 to abandon a 1.3 foot by 6.3 foot portion of a 12 foot wide water easement for Franklin at Delray Beach located at 1030 S. Federal Highway. The caption of Resolution No. 03 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF A WATER EASEMENT DEDICATED BY THE "FRANKLIN AT DELRAY BEACH" PLAT, RECORDED IN PLAT BOOK 115, PAGES 74 THROUGH 77 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A ". (The official copy of Resolution No. 03 -13 is on file in the City Clerk's office.) 8.B. REQUEST FOR A SIDEWALK DEFERRAL /1240 SEASPRAY AVENUE: Approve an agreement to defer installing a sidewalk along Seaspray Avenue for the Barbara Residence located at 1240 Seaspray Avenue within the North Beach Overlay District. 8.C. HOLD HARMLESS AGREEMENT/ 2325 SOUTH OCEAN BOULEVARD: Approve a Hold Harmless Agreement with Line -Tec, Inc. to install and construct utilities in the State DOT right -of -way at property located at 2325 South Ocean Boulevard. 8.D. THIS ITEM HAS BEEN MOVED THE REGULAR AGENDA AS ITEM 10.A.A. 8.E. FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY WRAVUS 1 CORRIDOR IMPROVEMENT: Approve the First Amendment to the Interlocal Agreement with the Community Redevelopment Agency (CRA) for the US 1 Beautification project which is from just south of S.E. 10th Street to just north of George Bush Boulevard. 8.F. AGREEMENT FOR CONSTRUCTION ENGINEERING AND INSPECTION SERVICES/ R.J. BEHAR & COMPANY, INC.: Approve an Agreement for Construction Engineering and Inspection Services with R.J. Behar & Company, Inc. in the amount of $1,203,419.25 for the Federal Highway Beautification Project. Funding is available from 334 - 3162 -541 -68.52 (General Construction Fund: Other Improvement/Federal Highway Beautification). 4 01/03/13 8.G. RESOLUTION NO. 01 -13: Approve Resolution No. 01 -13 assessing costs for abatement action required to remove nuisances on 11 properties throughout the City of Delray Beach. The caption of Resolution No. 01 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 01 -13 is on file in the City Clerk's office.) 8.H. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS: 310 SOUTHRIDGE ROAD: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Sandra Eugene for the property located at 310 Southridge Road sold for single - family homeownership. 8_I. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS: 2216 N.E. 3RD AVENUE: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Jean C. Julien for the property located at 2216 N.E. 3rd Avenue sold for single - family homeownership. 8_J. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS: 5175 N.W. 6th STREET: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Nicaisse Eloi for the property located at 5175 N.W. 6th Street sold for single- family homeownership. 5 01/03/13 8.K PROPOSAL /SAFE TRANSPORTATION TRAINING SPECIALISTS: Approve a proposal from Safe Transportation Training Specialists in the amount of $28,497.00 for a six (6) day training course on Tank Truck Emergency Response for the Fire Department. Funding is available from 001 - 2315 -526 -54.30 (General Fund: Books, Publications, Subscriptions, Memberships, Training, Education Costs). 8.L. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: INFORMATION SYSTEMS SERVICES (ISS) NETWORK SERVICES: Approve an Interlocal Agreement with Palm Beach County to provide for the joint use of the County IT assets. 8.M. INTERLOCAL AGREEMENT/PALM BEACH COUNTY DROWNING PREVENTION COALITION (DPC): Approve an Interlocal Agreement with Palm Beach County for payment of swimming lesson fees not to exceed $50.00 per class for the Learn to Swim Program at Pompey Park through the Drowning Prevention Coalition of Palm Beach County. 8.N. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT /PBA - POLICE OFFICERS AND SERGEANTS: Approve ratification of the Collective Bargaining Agreement with the Police Benevolent Association (PBA) - Police Officers and Sergeants. 8.0. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT /PBA - POLICE LIEUTENANTS: Approve ratification of the Collective Bargaining Agreement with the Police Benevolent Association (PBA) - Police Lieutenants. 8.P. RESOLUTION NO. 02 -13: Approve Resolution No. 02 -13 regarding the March 12, 2013 First Nonpartisan and Special Election. The caption Resolution No. 02 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A NONPARTISAN ELECTION AND A SPECIAL ELECTION TO BE HELD ON TUESDAY, MARCH 12, 2013; AND A SECOND NONPARTISAN ELECTION, IF NECESSARY, TUESDAY, MARCH 26, 2013; ALL ELECTIONS SHALL BE HELD WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY BETWEEN THE HOURS OF 7:00 AM UNTIL 7:00 PM; THE NONPARTISAN ELECTION SHALL PROVIDE FOR THE ELECTION OF A MAYOR AND TWO CITY COMMISSIONERS AND THE SPECIAL ELECTION SHALL PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGES PRESENTED IN ORDINANCE 6 01/03/13 NOS. 35 -12, 36 -12, 38 -12 AND 39 -12 AND TO PROVIDE FOR ECONOMIC INCENTIVES TO ENCOURAGE THE RELOCATION OF BUSINESSES TO THE CITY AS SET FORTH IN ORDINANCE NO. 44 -12; PROVIDING THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTIONS, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Resolution No. 02 -13 is on file in the City Clerk's office.) 80. SPECIAL EVENT REQUEST /71H ANNUAL ALL AMERICAN TAILGATE PARTY: Approve a special event request for the 7th Annual All American Tailgate Party to be produced by Greater Delray Beach Chamber of Commerce and the Achievement Centers for Children and Families Foundation proposed to be held on February 2, 2013 from 2:00 p.m. to 8:00 p.m., on the grounds of Delray Center for the Arts; and to authorize staff support for security, fire inspection services, clean up and trash removal; contingent upon receipt of a Certificate of Liability Insurance, Alcohol Liability Insurance, Hold Harmless Agreement and a copy of the Temporary Liquor License by January 22, 2013. The event sponsor(s) will pay all City costs estimated at $2,250.50. 8.R REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 10, 2012 through December 28, 2012. 8.S. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Lawn Wizard in the amount of $17,410.00 for annual landscape maintenance on George Busch Boulevard and West Atlantic Avenue. Funding is available from 119 - 4144 -572 -46.40 (Beautification Trust Fund: Repair and Maintenance Services/Beautification Maintenance). 2. Contract award to Line -Tec, Inc. in the amount of $43,648.50 for the installation of automatic line flushers associated with the Automatic Water Main Flushing Devices project. Funding is available from 442 - 5178 -536 -64.90 (Water & Sewer Renewal & Replacement Fund: Machinery/ Equipment/other Machinery/ Equipment). 3. Purchase award to Chemical Lime Company of Alabama, Inc. (Lhoist North Ameri ca) at an estimated cost of $735,350.00 for the purchase and delivery of bulk quicklime. Funding is available from 441 - 5122 -536 -52.21 (Water and Sewer Fund: Operating Supplies /Supplies). 7 01/03/13 4. Purchase award to PC Mall Gov in the amount of $36,976.00 for firewall security equipment. Funding is available from 334 -6111- 519 -66.10 (General Construction Fund: Books/ Publications/ Software). Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 9, Comments and Inquiries on Non - Agenda Items from the City Manager and the Public. 9.A. City Manager's response to prior public comments and inquiries. The City Manager stated at the last meeting several people spoke expressing concern about the beach erosion on the north end of the beach and also the inquiries about the possibility of getting a permit to do work there. The City Manager stated a representative from the Department of Environmental Protection (DEP) visit of the north end of the beach to assess the situation. He stated the emergency order for permitting has been extended to January 27th and staff needs to determine whether or not that is applicable because that order is to address immediate or eminent dangers to the public health to repair, replace, or restore structures damaged by the hurricane and who's actions authorized under the order are narrowly tailored to address the immediate need for action. The City Manager stated the loss of beach sand to erosion which reduces the buffer width between the ocean structures is not considered an eminent and immediate danger to the structures and may not qualify under the emergency order. He stated the emergency order may be limited to dune restoration rather than advance beach fill. The City Manager stated if the order is applicable staff would come back to the Commission for authorization to engage Coastal Planning and Engineering (CPE) to get a permit if the Commission wishes to do so. However, the City Manager stated the permitting would only allow trucking of beach sand compatible with one of two mines; one in northern St. Lucie County and one in the LaBelle area at a considerable expense. Staff will report back to the Commission once DEP has a chance to view the area to see if the emergency order is available to us. 9.11. From the Public. 9.11.1. Karen Granger, 12693 Oak Run Court, Boynton Beach, FL 33435 (Interim President of the Delray Beach Chamber of Commerce), extended their sincere appreciation to Mr. Harden and Mayor McDuffie for their years of service. Ms. Granger stated she has enjoyed what they have been to this city and noted that she has raised her family here. 8 01/03/13 9.B.2. Jennifer Meadows Hill, 1111 S.W. 4th Street, Delray Beach, FL 33444, urged the Commission to take back the City from senseless violent crime and commented about the shooting at Pompey Park. Ms. Hill stated her 11 year old son was at Pompey Park at the time the incident occurred with the young man that was shot and killed. She stated she teaches at the school where the victim's children attend. Ms. Hill stated she grew up four blocks from one of the victim's standing in the store on N.W. IOm Avenue. She invited everyone to attend "Stop the Violence" March and Rally on Saturday, January 12, 2013 at 10:00 a.m. 9.B.3. Pamela Brinson. 406 S.W. 15th Terrace. Delrav Beach. FL 33444. echoed comments expressed by Ms. Hill and stated has lived in Delray Beach for 42 years and has two children that attend Village Academy. She urged the community coming together and reiterated that there is a Rally on Saturday, January 12, 2013 at 10:00 a.m. to bury this violence. Ms. Brinson stated we have to do something as a community to save our children. 9.B.4. Svlvia Gilwin. 2146 S.W. 13th Street. Delrav Beach. FL 33445 (resident for 42 years), stated her son was at Pompey Park when the shooting occurred. She urged the Commission to help the residents bring back a safe environment for the next generation. She stated before she visits other cities on her vacation she does a research of what the crime is. Ms. Gilwin stated if the crime continues in Delray Beach she feels the city will lose revenue and the tourists who visit the downtown. She requested the Commission help them bring resources to the entire Delray Beach community no matter what race. Ms. Gilwin stated the City always brings resources here to help children but suggested to bring resources to help the parents to educate them that it starts at home and urged the Commission to bring the City back to the way she remembers it being when she was a little girl. 9.B.5. David Dennis. 1314 S. Seacrest Boulevard. Bovnton Beach. FL 33435. stated he moved here in 1978 and went off to school and came back. Mr. Dennis stated he became a member of MAD DADS when they first started and got his start in community service in Delray Beach and 20 years later in Boynton Beach they started "Boynton United" and noted he is the President of "United to Bury the Violence ". He stated they are here to support to ladies efforts of "Delray United" to help them find resources. 9.B.6. Chuck Ridlev. 210 N.W. 2nd Avenue. Delrav Beach. FL 33444, stated no community is safe if any community is at risk. Mr. Ridley stated the previous speakers who are moms approached WARC and several members in the African - American community and asked to come together for the children's sake. 9.B.7. Dorothv Ellington. Delrav Beach Housing Authoritv (DBHA). congratulated the City Manager for a job well done. Ms. Ellingsworth stated in October 2005 Hurricane Wilma blew through Delray Beach and blew away the only public housing development. She stated since that time they have struggled to redevelop that site and announced that there will be a Ground Breaking Ceremony on Tuesday, January 9 01/03/13 15, 2013 at 10:00 a.m. at the old Carver site. 9.11.8. Francesca Mallows, 305 S.W. 7th Avenue, Delray Beach, FL 33444, stated she immigrated from a country that was very torn by a lot of violence and feels this is not just a Delray community issue. Ms. Mallows stated she believes that Delray Beach can solve this and she would like to see everyone on board with the ladies who spoke as well as the ladies who lost their sons. 9.11.9. Morris Carstarphen, 619 S.W. 7th Avenue, Delray Beach, FL 33444 (has lived in the City of Delray Beach for 8 years), stated he always liked the night life and the community feel. He stated where he came from in Alabama it was the community and the Police force against the bad guys but in the City of Delray Beach he sees the community against the Police Department. Mr. Carstarphen stated on the corner of 8th Avenue and 7th Street sometimes Police officers will sit there and wait for someone to go to a stop and roll and they will pull out and give them tickets. He stated he cycles down A -1 -A and cars zoom by him between Atlantic Avenue and Linton Boulevard at 55 mph and the speed limit is 35 mph. Mr. Carstarphen stated he came into this community because he felt secure but now he does not feel very safe in his own home. He stated late at night loud music is being played and gunshots are going off. Mr. Carstarphen urged the Commission and the City leaders to help take the community back and make a change in 2013. 9.11.10. Carolvn Patton. 1020 Tamarind Road. Delrav Beach. FL 33483, stated there was also a fatality in her neighborhood in the past few days and an 18 year old male was fatally shot at a party. She stated the yard partially borders her backyard and her three nieces were visiting her that night and the man was evidently shooting the gun all around. Ms. Patton stated her neighborhood would like to join Ms. Hill for the Rally on January 12th. 9.11. 11. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, stated the bricks on the sidewalk by Dunkin Donuts are sticking up out of the ground and need to be repaired. Secondly, Ms. Moody stated at the train station she saw City workers sanding down the spikes that were in the ground and there are still some spikes sticking out of the ground. At this point, the time being 7:00 p.m., the Commission moved to Item 11, Public Hearings. 11. PUBLIC HEARINGS: 1LA. ORDINANCE NO.41 -12 (SECOND READING /SECOND PUBLIC HEARING): Consider a privately- initiated rezoning request from Planned Office Center (POC) to Special Activities District (SAD) for Delray Place, located at the southeast corner of Linton Boulevard and South Federal Highway. (Quasi- Judicial Hearing) 10 01/03/13 (THE APPLICANT HAS REQUESTED THAT THIS ITEM BE DEFERRED) The City Attorney stated there is a timeframe set forth in the Special Activities District (SAD) ordinance and recommended that if the Commission makes a motion to defer this, that they defer it not to extend beyond the second meeting in May or as determined by the timeframe set forth in the LDRs which would be May 5, 2013. Mr. Frankel moved to approve to defer Ordinance No. 41 -12 and that it not extend beyond the second meeting in May or as determined by the timeframe set forth in the LDRs which is May 5, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 1LB. ORDINANCE NO. 42 -12: Consider a privately initiated Future Land Use Map (FLUM) amendment (small - scale) from MD (Medium Density Residential 5- 12du/ac) to LD (Low Density Residential 0 -5 du /ac) and rezoning from RM (Medium Density Residential) to R -1 -A (Single Family Residential) for the properties located on the north and south sides of Bermuda Gardens Road. (Quasi- Judicial Hearing) office.) The caption of Ordinance No. 42 -12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL -SCALE FUTURE LAND USE MAP AMENDMENT FROM MD (MEDIUM DENSITY RESIDENTIAL 5 -12 DU /AC) TO LD (LOW DENSITY RESIDENTIAL 0 -5 DU /AC), PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT ", FLORIDA STATUTES SECTION 163.3187, FOR PARCELS OF LAND LOCATED ON THE NORTH AND SOUTH SIDES OF BERMUDA GARDENS ROAD, LYING WEST OF STATE ROAD A -1 -A, AS MORE PARTICULARLY DESCRIBED HEREIN, AND REZONING AND PLACING SAID LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO R -1 -A (SINGLE FAMILY RESIDENTIAL) DISTRICT; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012 "; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 42 -12 is on file in the City Clerk's 11 01/03/13 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor McDuffie read the City of Delray Beach Quasi - Judicial Hearing rules into the record for Item 11.11. and Items 10.A. and 10.B. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -007 and #2013 -008 into the record. Mr. Dorling stated this is privately initiated small -scale Comp Plan Amendment and rezoning for Bermuda Gardens neighborhood located in the south side of the city. He stated the neighborhood is comprised of single family homes and has a land use designation of medium density. Mr. Dorling stated the proposal is to go from MD (Medium Density Residential 5 -12 du /ac) to LD (Low Density Residential 0 -5 du /ac) and rezoning from RM (Medium Density Residential) to R -1 -A (Single Family Residential). He stated this project consists of nine (9) residential lots and 2.4 acres and this is a neighborhood initiated amendment and came out of a concern for the retention of the single family character of the neighborhood. In September 2005, the Site Plan Review and Appearance Board (SPRAB) approved a Class V modification to construct three townhouses at the southwest corner of Bermuda Gardens Road and Ocean Boulevard at the entrance to the subdivision. He stated that was allowed under the RM District and consistent with the Medium Density land use. Mr. Dorling stated the neighborhood has banded together to change the zoning and the land use to prevent that from happening. He stated the approval for the townhouse development lapsed and a single family home was built on the lot. At its meeting of November 19, 2012, the Planning and Zoning Board considered this item and the Board recommended approval on a 5 to 0 vote. Staff recommends approval. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of Ordinance No. 42 -12, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Frankel moved to approve Ordinance No. 42 -12, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 12 01/03/13 11.C. ORDINANCE NO. 44 -12: Consider an ordinance calling for a referendum to be held on March 12, 2013, proposing to the electorate of the City that the City Commission be authorized to grant a property tax exemption to certain qualified businesses pursuant to Section 3, Article VII of the State Constitution; providing for submission of the proposed ballot question to the electors of the City; setting forth the form of the question to be voted upon at such election. The caption of Ordinance No. 44 -12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTED IN ACCORDANCE WITH SECTION 196.1995, FLORIDA STATUES, CALLING FOR A REFERENDUM TO BE HELD ON MARCH 12, 2013, PROPOSING TO THE ELECTORATE OF THE CITY THAT THE CITY COMMISSION BE AUTHORIZED TO GRANT PROPERTY TAX EXEMPTION TO CERTAIN QUALIFIED BUSINESSES PURSUANT TO SEC. 3, ARTICLE VII OF THE STATE CONSTITUTION; PROVIDING FOR SUBMISSION OF THE PROPOSED BALLOT QUESTION TO THE ELECTORS OF THE CITY; SETTING FORTH THE FORM OF THE QUESTION TO BE VOTED UPON AT SUCH ELECTION; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (The official copy of Ordinance No. 44 -12 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 44 -12, the public hearing was closed. Mr. Jacquet stated residents have voiced their concern about notice being given for the March Election. He stated the Commission has discussed displaying certain signs throughout the city to let people know that there is a March Election. The City Manager stated staff will take care of the signs. Mr. Jacquet moved to approve Ordinance No. 44 -12, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed 13 01/03/13 with a 5 to 0 vote. At this point, the time being 7:10 p.m., the Commission moved back to Item 10.A.A. (formerly Item 8.D.) of the Regular Agenda. 10. REGULAR AGENDA: 10.A.A. SERVICE AUTHORIZATION NO. 12- 05 /MATHEWS CONSULTING, INC.: Approve Service Authorization No. 12 -05 to Mathews Consulting, Inc. in the amount of $61,732.00 for the design, permitting and bidding services of Delray Shores Water Main Phase I. Funding is available from 442- 5178 -536- 68.93 (W & S Renewal & Replacement Fund: Improvements Other/Delray Shores Water Mains). Mr. Carney stated Mathews Consulting, Inc. is a company that has been selected pursuant to and RFP in which there were five (5) original selectees and one added company called Craig A. Smith. He stated in going through the past approvals he is not seeing these other companies getting the same number of contracts. Mr. Carney expressed concern that if contracts are always being awarded to one or two of the same companies all the time that it is discouraging to other companies to enter into an RFP process and when selected they are never chosen. Mr. Hasko stated last year staff went through another RFQ process for three of disciplines: (1) engineering, (2) surveying, and (3) architecture. He stated the City awarded six (6) engineering contracts and at least two of the engineers that were awarded contracts have prior contracts with the City. He stated they resubmitted and they were reevaluated in the RFQ process and they finished in the top five (5). Mr. Hasko stated Mathews Consulting, Inc. is exclusively utility related. Mr. Hasko stated at the beginning of the fiscal year when the CIP is approved, staff goes through the plan and look at the infrastructure projects that they are going to do and come up with a short list of the actual infrastructure projects whether it be utilities, buildings, parks, etc. He stated usually for utilities staff will look at projects that they can handle with the in -house design group. Mr. Hasko stated staff takes the rest of the projects and divide them up between the contracted engineers that they have and as they go through the RFQ process they are all submitting for civil engineering RFQ but as you go through their packages certain ones have different strengths. He stated when staff goes through they projects that they have to disseminate they try to match those up. Mr. Hasko stated the other thing they have had running against them the last few years from a budgetary perspective is the contraction of the capital plan. Staff originally anticipated awarding three (3) contracts last year with the engineering RFQ and that was expanded to five (5) because of an experience they had in past years when they had four engineers under contract; two of them being large firms and it was their first contract with the City. Mr. Hasko stated staff had terrible experiences with two of the firms; projects languished for multiple years and they were non - responsive. 14 01/03/13 Mr. Carney asked why Craig A. Smith was left off Mr. Hasko stated they were not within that top five (5) ranking and the Commission awarded a contract to them exclusively on the basis of underground located technology that they represented the City having and directed staff to use that technology when it made sense to use when there were projects where there was a question of whether or not they had adequate as built information and knew where things were. Mr. Carney stated he wants to make sure that when we have companies that submit proposals and are selected that the work is spread around because he wants to ensure that we always have that good list of people that we can go to. The City Manager stated he received an inquiry on this in late November 2012 and he looked at all the contracts awarded since the RFP selection was done. The City Manager stated the City only awarded four (4) contracts and they were to four (4) different firms and this will be the second one for Mathews this evening. Mr. Frankel moved to approve Service Authorization No. 12 -05 to Mathews Consulting, Inc. in the amount of $61,732.00 for the design, permitting and bidding services of Delray Shores Water Main Phase I, seconded by Mrs. Gray. 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. 10.A.A.A. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: INFORMATION SYSTEMS SERVICES (ISS) NETWORK SERVICES: Approve an Interlocal Agreement with Palm Beach County to provide for the joint use of the County IT assets. Mrs. Gray commended Mayor McDuffie has worked very diligently in securing dollars for this project and thanked him for his efforts. For the benefit of the public, Mrs. Gray stated Mayor McDuffie secured dollars for free Wi -Fi from Lake Ida Road to S.W. IOm Avenue and from Swinton Avenue to Congress Avenue. Mayor McDuffie stated the installations are underway and the City negotiated a contract with FPL so the City is mounting on their streetlights. He stated these devices look like an aluminum looking box with four white antennas sticking out of the top of it and noted that these are transceivers for the wireless project. Mayor McDuffie stated there will be approximately 50 of these devices and there are also mounts at Public Safety, S.D. Spady, Atlantic High School, and Village Academy. He stated the installations are underway and expects to have them down by the time the kids go back to school in the fall. Mayor McDuffie thanked the Palm Beach County information systems services people who are actually mounting this equipment on the poles. He stated the TED Center will handle the training and people will also receive free PC's which are being refurbished at all the schools and the school district. Mayor McDuffie stated Palm Beach State University has volunteered to handle all the help desk service. He stated the qualifying factor is if you live in that area and have a student in your home that has free or reduced lunch that qualifies you to get a PC and the wireless service. Mayor McDuffie stated at full deployment right now they will service about 1,000 households in that area. He stated the maintenance is handled by Palm Beach County Information System Services. 15 01/03/13 Mr. Carney moved to approve the Interlocal Agreement between Palm Beach County Information Systems Services (ISS) Network Services, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 10.A. CONDITIONAL USE REQUEST/ DELRAY BEACH FAIRFIELD INN: Consider a conditional use request to allow a 95 -room hotel within the West Atlantic Neighborhood to be known as Delray Beach Fairfield Inn, located on the south side of West Atlantic Avenue, between S.W. 9th Avenue and S.W. 10th Avenue. (Quasi - Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he met yesterday with Diane Colonna, Jeff Costello, Terry Office, Evan Axelbank, and Chief Strianese. Mrs. Gray stated she spoke with Diane Colonna and Jeff Costello. Mr. Carney stated he spoke with Diane Colonna and Clifford Durden. Mr. Jacquet stated he spoke with Jeff Costello and Chief Strianese. Mayor McDuffie stated he spoke with Jeff Costello and Evan Axelbank. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -045 into the record. Mr. Dorling stated this is a proposed 95 -room development to be located on south side on West Atlantic Avenue between S.W. 10th Avenue and S.W. 9th Avenue. The development proposal is to construct a 4 -story 95 room hotel with a 92 space parking lot which would include 13 parallel spaces; two of those along S.W. 10th Avenue , six along West Atlantic Avenue, and five along S.W. 9th Avenue. At its meeting of December 17, 2012, the Planning and Zoning Board considered this item. There was testimony from the public in support of the project and after consideration the Board recommended approval with a 5 to 0 vote. Staff recommends approval of the conditional use at this time. Mayer Abbo, Architect for the proiect representing Prime Design Associates, stated there are 92 on -site dedicated parking spaces and they are looking at approximately 13 on- street parallel parking spaces that would be shared. Mr. Abbo stated this is going to be a new 4 -story hotel 95 rooms with a resort style swimming pool, meeting room facility for guests and the public. He stated this will generate 32 new jobs once constructed and they have talked with the CRA and the local community about local sourcing of jobs. Mr. Abbo stated this will revitalize West Atlantic Avenue, stimulate local business, and will bring affordable balance to the Delray hotel market. He displayed an aerial view of the site and briefly discussed the project. Mr. Abbo stated ingress and egress is off 9th and 10th and the 92 parking spaces encompass the entire site toward the rear and the area of the site where the bulk of the parking spaces will be is 16 01/03/13 going to be gated (changed to a rolling gate for additional security no longer an arm gate). Mr. Abbo briefly described the amenities of the hotel for the ground floor and the above floor and the architectural elevations. He stated the hotel will be secured in the evenings in terms of having a staff person outside, there will be cameras at every entry point of the hotel, and they will work hard to fine tune their safety programs. Mr. Abbo briefly explained their "green" initiatives. Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 33444, supports the project. Mr. Humanik inquired about the procedure if he would like to speak on a regular item that is not quasi-judicial. He asked about the security, fencing, and the community involvement. Mr. Abbo stated they have numerous outreach programs that they are looking to implement both in the construction as well as operationally in terms of sourcing of local jobs. He stated they have also discussed having a fair at one of the local churches for local residents. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, supports the project. She discussed the latitude project at the corner of Lindell and South Federal Highway. Ms. Morrison stated this is a quality developer and urged the Commission to approve. Francisco Perez -Azua, 4415 Regal Court, Delray Beach, FL 33445, supports this project. Chuck Ridley, 210 N.W. 2 "d Avenue, Delray Beach, FL 33444 (Chair of the Northwest /Southwest Steering Committee), supports the project and urged the Commission to support WARC's work. Jeff Costello, Assistant Director of the Community Redevelopment Agency (CRA), stated the development will be an anchor to the West Atlantic Avenue corridor between 6m Avenue and 12m Avenue and it will start the transformation of the corridor. Mr. Costello stated as one of the development economic incentives there is a requirement relating to the local employment program such as collaborating and notifying local contractors and vendors of the bid opportunities, conducting a job fair at St. Paul's Missionary Baptist Church, sending written notifications to notifying the process and timing of bid opportunities. Rosa Torres Tumazos. 316 N.W. 2"d Street. Delrav Beach. FL 33445. stated she is a new resident in the West Settlers' District and she made a significant investment in her home and she is looking forward to this new hotel becoming a vibrant part of the community. Reginald Cox, 715 N.W. 2nd Street, Delray Beach, FL 33444 (Chairman of the West Atlantic Avenue Redevelopment Coalition), stated it is time to move forward with the development of West Atlantic Avenue. He stated Commissioner 17 01/03/13 Carney and Commissioner Gray attended the Workshop that WARC held in September 2012 that discussed future development of this area. Mr. Cox stated a number of those issues have been addressed and urged the Commission to approve the conditional use. There being no one else from the public who would like to speak in favor or in opposition of the request, to please come forward at this time. There was no cross - examination or rebuttal. Mr. Frankel expressed concern over the security of personnel in the evenings. He stated he is concerned about the safety of cars, people and the property. Mr. Abbo stated in terms of security there will be lighting, the fence, and the walls. He stated there will be a designated employee who will not be armed and can call the Police Department if there is a problem. He stated they also cameras in strategic locations and the safety of their other properties can speak to what they normally do. Mr. Frankel asked if the personnel will be a security guard or a front desk clerk. Mr. Abbo stated it will be an employee that will specifically have that job in the evenings for security. Mr. Frankel asked if they considered having an off -duty Police officer at night. Mr. Abbo stated he can ask the developer about this but suggested that they need to be cost conscious as far as the operation is concerned because that would be above and beyond what they would do in any other hotel. Mr. Abbo stated the have security concerns in other neighborhoods that they have hotels including Homestead and they have handled it with staff. Mrs. Gray expressed concern over security as well and asked if the other properties are similar to Atlantic Avenue. Mrs. Gray asked long it will take to build this hotel if approved by the Commission tonight. Jorge Cepero, 9651 Sheridan Street, Suite #400, Hollywood, FL 33021, stated the security plan they have in place is sufficient and feels the best deterrent towards crime is having eyes in place. Mr. Cepero stated their hotels are staff all the time and moving about. He stated he spoke with the Police Chief today and between the cameras and the lighting which was requested to be more than normal they are satisfied. Mr. Costello stated the vertical construction is set to commence on October 7, 2013 with a CO to occur October 7, 2014. He stated all the approvals are supposed to be obtained no later than August 29, 2013. Mrs. Gray commented about the 32 jobs forthcoming and stated this project has been reduced with regard to the room sizes and asked how this will affect the jobs and how will the CRA keep track of making sure they have the 32 jobs that they said they would have. Mr. Costello stated the CRA has an agreement between the CRA and Prime Design Associates and there are stipulations in place that address her concerns. Mrs. Gray asked where the employees will park. Mr. Costello stated there are adjacent parallel parking spaces available to the public and employees. 18 01/03/13 Mr. Abbo stated they are at 92 on -site parking spaces and are essentially three short of what Marriott requires and they gave them a waiver since it is an urban location and they have an addition to the 92 parking spaces; 13 on- street parallel spaces. Mr. Abbo stated they feel confident that the parking is adequate for this size hotel. Mr. Cepero stated the 13 parallel parking spaces are an addition to either the City requirement or Marriott's requirement. Mrs. Gray stated this hotel is all by itself and asked when the CRA will be sending out the other RFP's for the other seven acres of land on West Atlantic Avenue so there will be more redevelopment so that the hotel will not be sitting there by itself. Mr. Costello stated the CRA anticipates issuing that RFP in the second quarter of this year between March and May. Mrs. Gray inquired about Shuler's property. Mr. Costello stated the last time the CRA issued the RFP was last March and they did not get very responsive proposals; they could not be accepted. However, Mr. Costello states since that time there have been developers that have met with the CRA with some ideas and the CRA has informed them that the RFP will be re- issued. Therefore, Mr. Costello stated there is interest out there and to see this get approved and move forward on this will only build more confidence as they send out the next RFP for those other properties. Jim Dupree, Architect, addressed concerns expressed about other hotels and stated the Hampton Inn and the Courtyard Marriott are right next to the turnpike in Homestead and the Sleep Inn at 75 and the entrance to Port Charlotte. He stated he had various conversations with the Police Chief and he feels confident that it will better the situation. Mr. Jacquet stated he has been in communication with Jeff Costello who called him a number of times on this issue and they had an opportunity to speak and he helped clarify some of his concerns. Mr. Jacquet he also had concerns over safety and security. He asked the developer to consider the adjacent parcels and suggested that spreading out the lighting may help to address some of the safety concerns. Mr. Jacquet stated Delray Beach has thing about us where when making decisions we love to come together (i.e. the Commission, business owners, residents, etc.). He stated at a previous meeting regarding a different development everyone spoke in support of it because they brought everyone to the table and hashed it out. For the record, Mr. Jacquet stated this is the way that Delray Beach does business and asked the developer to work with the City as they go forward so there are no hiccups as far as someone not hearing what was going on. Mr. Carney thanked the developer for investing in Delray Beach and stated he is delighted to continue to support this project. Mayor McDuffie commented about the project and reiterated that the biggest concern appears to be security and safety. He commended the Police Department for doing a great job for making everyone secure. Mayor McDuffie thanked the developer for taking the opportunity and the risk to invest in Delray Beach. 19 01/03/13 The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Carney moved to adopt the Board Order approving the conditional use request subject to the conditions set forth in Exhibit "A ", seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 10.B. WAIVER REQUEST /TEMPORARY USE PERMIT /ALL COUNTY PAVING (AM: Consider approval of a waiver request to Land Development Regulations (LDR) Section 2.4.6(F), "Temporary Use Permit ", to allow the two trailers to be used for administrative offices while construction associated with approval of the pending Class III Site Plan Modification occurs for All County Paving located at 1180 S.W. 10th Street. (Quasi- Judicial Hearing) Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel, Mrs. Gray, Mr. Jacquet, and Mr. Carney had no ex parte communications to disclose. Mayor McDuffie stated he spoke to the owner and his agent. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -074 into the record. Mr. Dorling stated this is a waiver request to the temporary use section of the code for All County Paving (ACP). He stated the request is for the installation of two temporary trailers for All County Paving to serve as the administrative offices while construction associated with approval of a pending Class III occurs. Mr. Dorling stated the application is to construct an addition to the north face of the existing industrial warehouse building (formerly known as the Aero Dri site) which is located adjacent and immediately east of the open field where the trailers are desired. The temporary trailers they would like to situate on the parcel immediately to the west while they do the renovations to the existing building. Mr. Dorling stated their current lease expired at the end of December. He stated since the improvements they are going through for site plan approval now will not be constructed in time and they are asking for temporary location of their operation on the site. Mr. Dorling stated staff has concerns with regard to the number of parking spaces that they are providing and there will be 20 -25 office employees working in these temporary trailers while they are providing a 12 space parking lot. Mr. Dorling briefly reviewed the conditions recommended by staff Mr. Dorling stated staff recommends approval that the two temporary trailers be allowed up to one (1) year subject to conditions #1 -7 in the staff report. Rick Brautigan, Architect for the proiect, stated All County Paving has outgrown their facility and they have decided to make an investment in Delray Beach. 20 01/03/13 Mr. Brautigan stated they filed a landscape plan to beautify the area and reuse the landscaping on the actual project. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, stated she is thrilled that All County Paving is moving to Delray Beach and urged the Commission to approve. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. There was no cross examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). At this point, Commissioner Jacquet left the dais. Mr. Carney moved to adopt the Board Order approving the waiver request subject to conditions #1 -7 listed in Exhibit "A ", seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner Jacquet returned to the dais. 10.C. REQUEST TO WAIVE RENTAL FEES/DELRAY BEACH PUBLIC LIBRARY: Consider approval of a request from the Delray Beach Public Library to waive rental fees for use of Old School Square Park from 4:00 p.m. until 9:00 p.m. for their fundraiser "Picnic in the Park" proposed to be held on Saturday, March 9, 2013. Douglas E. Smith, Interim City Manager, stated the Commission is requested to consider approval of a request from the Delray Beach Public Library for a fee waiver of rental fees for use of Old School Square Park. Mr. Smith stated the request is for a fundraiser event that the library is holding March 9, 2013 from 4:00 p.m. until 9:00 p.m. and the fee amount is $330. Mr. Smith stated staff has concerns of setting a precedent in waiving this fee. Mr. Frankel asked who is going to be in charge of cleaning up the park. Mr. Smith stated it is really treated as a rental event and is not an event where the City would have other staff to do that. Linda Karch, Director of Parks and Recreation, stated if they do not pay then they would get the security deposit back. Brief discussion by the Commission followed. 21 01/03/13 Mr. Carney moved to approve the request to waive rental fees for the Delray Beach Public Library, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney — No; Mr. Jacquet — No; Mr. Frankel — No; Mrs. Gray — No; Mayor McDuffie — No. Said motion was DENIED with a 5 to 0 vote. 10.D. BID AWARD FOR BEACH CLEANING SERVICES: Bid award for beach cleaning, maintenance and beautification services. Funding is available from 001- 4123 -572 -34.90 (General Fund: Other Contractual Services). Linda Karch, Director of Parks and Recreation, stated this item is to consider approval of a bid award for beach cleaning, maintenance, and beautification services for Delray Beach. Ms. Karch stated Universal Beach Service is the current contract holder and has been providing reliable service for approximately 30 years. The three (3) bids are as follows: Beach Raker $57,000; Universal Beach Service Corporation $94,000; The Beach Groomer $450,000. The City currently pays $79,000 for service three days per week, and the new contract will increase the service to five days per week. Garbage collection is also five days per week but recycling collection was added to the contract to five (5) days per week. Ms. Karch stated staff recommends that the bid award be awarded to the low bidder Beach Raker; however, Universal Beach Services filed a bid protest concerning the proposed award. After reviewing the bid protest, Ms. Karch stated the City Manager has stated that it has some merit. The City Manager has outlined four (4) alternative courses of action listed in staff s memorandum. The City Attorney stated the City's bid protest procedure has some language in it that states the protestor can appear at the Commission meeting and state their protest. Tom Stanley, Attorney for Universal Beach Services, stated they believe the bid protest stands on its own merits and urged the Commission to make a decision on this tonight. Mr. Frankel expressed concern with a bid that is set so low and with the evidence of other beaches and the other information he is of the opinion to strike the low bid and go with the second low bidder. Mr. Jacquet stated there is a large discrepancy between the bids and does not believe there have been any issues with Universal Beach Services. Mr. Jacquet stated he believes it would be in the best interest of Delray Beach to have a local company that has been working here for some time we are pleased with the work that they have done. Mr. Jacquet stated Universal Beach Services is a great company and he does not have a problem with the bid being award to them but he expressed concern with all three (3) bids. 22 01/03/13 The City Manager stated with housing rehab the staff does an estimate. He stated the City may receive 8 -10 bids for a job but if you have a bid that is much below the staff estimate it is thrown out. Mr. Carney stated he is very reluctant to make a change when something is working very well. Mrs. Gray stated Universal Beach Services has been charging the City $79,000 for years without an increase. Ms. Karch stated the City increased the spec of the bid from 3 days a week to 5 days a week plus recycling. Mrs. Gray stated we have high standards in Delray Beach for our beach our number one asset. Mrs. Gray stated she supports staff s recommendation #2. Mr. Jacquet commented about staff recommendation #2 and stated in the best interest of the City we reject unreasonably low bids and inquired about the standard. The City Manager stated in the case of housing rehab work the City has staff do an estimate using the standards for residential house construction. The City Manager stated if any of those bids are much below the staff estimate they are not considered. Mr. Jacquet stated he would like to know what standard the City uses in calling it unreasonable. Mrs. Gray asked the City Manager if there is anything stated in the City's documents that state the City has to take the low bidder. The City Manager stated you specifically do not have to take the low bidder. Tim Greener, owner of Beach Raker, stated their price was based on their cost and they already perform services for clients in other areas that are close to this vicinity. He stated they are able to group those clients and make a route for one of their drivers. He stated he read through the other proposals and the reason the other bid was so high is because Universal Beach Services and they both use tractors with manufactured rakes that break up the seaweed and pick up the trash; the high bidder was using people with hand rakes. He stated they provide services for other cities such as the City of Pompano, City of Dania Beach, Lauderdale by the Sea and they are experienced in this business. Andrew Greener, General Manager of Beach Raker and resident at 4253 Live Oak Boulevard, Delray Beach, FL 33445, stated he understands that Universal Beach Services has provided beach cleaning for 20 years and in that respect there is only on public beach at the City of Delray Beach. Mr. Greener stated for Beach Raker to be in business to clean the local beach over 20 years and match their 20 years' experience cleaning the local beach is difficult to show that they are a local business. He stated they want a fair opportunity to bid this as well. Mr. Frankel moved to award the bid award to Universal Beach Cleaning Services, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie 23 01/03/13 — Yes. Said motion passed with a 5 to 0 vote. 10.E. PROPOSED SIX MONTH EXTENSION OF INNOVATION CORRIDOR STRATEGIC MARKETING PLAN IMPLEMENTATION: Consider extending an agreement with Sperry Van Ness/David Wilk for Phase 11, Implementation of the Real Estate Strategic Marketing Plan for the Delray Beach Innovation Corridor. The City Manager stated the City has engaged David Wilk with Sperry Van Ness to help with development and implementation of the Real Estate Strategic Marketing Plan for the Congress Avenue Corridor renamed the Delray Beach Innovation Corridor. The City Manager urged the Commission to extend this contract for another six (6) months on the same terms as the current contract $2,500 a month plus expenses. Mrs. Gray asked if the old Office Depot site is ready for a developer to come in. David Wilk, Developer, stated the property has been stimulated to have a lot of interest by a number of developers as a result of creating the new brand and strategy for it. He stated the current owners of the property have been challenging to work with because it is a large international insurance company. Mr. Wilk stated they have been working closely to try and establish a relationship and discussion with them to try and get the property under someone else's control. Mr. Frankel moved to approve the proposed six (6) month extension of Innovation Corridor Strategic Marketing Plan Implementation, seconded 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. 10.F. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 10.G. EMPLOYMENT AGREEMENT /CITY MANAGER: Consider an Employment Agreement between the City of Delray Beach and Mr. Louie Chapman. The City Attorney stated at the December 18, 2012 the Commission gave staff direction with regard to certain terms they wanted in a contract. Staff has placed those terms in a contract and Mr. Chapman has agreed to those terms and the start date would be April 1, 2013 $160,000 beginning salary; the pension contributions if he decides to do a 457 Plan in -lieu of joining the City's Pension Plan; vacation and sick leave would start at the highest annual accrual rate and he would be allowed advanced use of ten vacation days and ten sick days; auto allowance of $400 a month; moving and packing expenses from Bloomfield, Connecticut to Delray Beach; assistance with temporary living quarters not to exceed $1,500 per month and not to exceed six months; and severance would be 20 weeks which is in accordance with State Statute. The City Attorney stated he added a term to the agreement that was not brought up at the last meeting was the issue that he would need to relocate to the City within 9 months of 24 01/03/13 starting employment with the City of Delray Beach. Mr. Frankel expressed concern that the Commission is finding a lot of things out after the facts (whether or not anyone agrees or disagrees). He asked the City Manager to elaborate on the legal documents that he sent to the Commission in the last several days. The City Manager stated a City employee brought these documents to the City Manager's office and he felt it important for the City Commission to be aware of them. The City Manager stated there was a case in 1996 where the Town of Bloomfield lost in Federal Court where Mr. Chapman was found guilty of retaliating by not appointing a person to a particular position. The City Manager stated the Town of Bloomfield had to pay damages in excess of $200,000 and more recently there was a case before the Connecticut Human Rights and Opportunities Commission regarding age discrimination where the town fired a Police officer allegedly for untruthfulness and the Hearing Officer found that the untruthfulness charge was not really substantiated and also this Officer was treated in a disparate manner in that there were two other officers that had strong and convincing evidence of untruthfulness and they were not fired but retained on the force. Mr. Frankel expressed concern that the company the City retained did not discover any of this information. The City Manager stated he has emailed it to the Mr. Holifield and asked why he did not find this but is still awaiting an answer. The City Manager stated in this last case the City had to pay damages around $110,000 (back wages, medical costs, and they had to repay the State for unemployment compensation). Mayor McDuffie urged the Commission to get this vetted out and find out what is going on. Mrs. Gray asked if this is uncommon to have the City Manager and the Chief of Police named in the lawsuit. The City Attorney stated the City of Delray Beach has had lawsuits where they name individuals in their official capacity. Mrs. Gray stated the information that the City Manager is talking about that has been sent to the entire City Commission. She stated while she appreciates the undisclosed City employee that provided this information to the City Commission about the potential new City Manager. Mrs. Gray stated she did research as well and found that this same person and same entity that the Mayor described had another lawsuit where Mr. Chapman and the City of Bloomfield actually won. Mrs. Gray stated all the information should be passed out versus picking and choosing. Mr. Jacquet stated there have been times in the past where there have been attacks on our City Manager. Mr. Jacquet stated he admires tenacity, intelligence, and hustle. He stated he admires how vehement certain Commissioners are in opposition to Mr. Chapman and whether it is right or wrong he admires it because they have been that way since day one and have stuck with it. He stated he feels this is being dragged as if we want to derail this somehow. 25 01/03/13 Mr. Carney stated he has supported Louie Chapman for the following reasons: (1) believed with his 19 years' experience he demonstrated stability in his job, (2) Mr. Chapman has a demonstrated ability to have economic development in his community, and (3) he wanted someone with fresh eyes. Mr. Carney stated because he supports him it would be very unfair to bring him under such a cloud and he wants Mr. Chapman to come with everyone knowing that these allegations are false. Mr. Carney stated there is no risk in continuing to do a true vetting in a more substantial manner unless the allegations are true in which case the Commission has done the right thing by continuing to vet. The City Attorney suggested that if the Commission wants to do the vetting that they do that first before they agree to the contract. Mrs. Gray asked how long this should be carried out. Bruce Koeser, Director of Human Resources, stated they have not heard back from the consultant. The City Manager stated Mr. Chapman will be in town on Monday, January 15, 2013 because he has requested to meet him. Mr. Carney suggested that the Commission have a Special meeting on a different day if this date is not good. Mr. Jacquet stated the Commission has had enough time and checking and has done the work necessary to choose Mr. Chapman. Mr. Carney moved to table the Employment Agreement for the City Manager to a date certain of January 15, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — No. Said motion passed with a 4 to 1 vote, Commissioner Jacquet dissenting. 10.H. APPOINTMENT OF AN INTERIM CITY MANAGER: Appoint an Interim City Manager upon the retirement of Mr. David T. Harden. The City Attorney stated per the City Charter the Commission will need to appoint an Interim City Manager upon the retirement of Mr. David T. Harden. Mr. Frankel recommended Mr. Bob Barcinski. The City Manager stated Mr. Barcinski does not want the position and he has discussed this with Mayor McDuffie. The City Manager stated the Commission can bring someone in from the outside or appoint anyone on City staff. Mr. Carney stated he recommends Doug Smith. Mr. Carney moved to appoint Douglas E. Smith as Interim City Manager with a salary of $1,000 more than the highest paid department head and return to his job 26 01/03/13 when the new City Manager arrives, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Frankel — Yes. Said motion passed with a 4 to 0 vote. 10.I. APPOINTMENT OF PERSON TO FILL UNEXPIRED TERM FOR SEAT #1: Appoint a person to fill the unexpired term for Seat #1 until the March 28, 2013 Organizational Meeting. Mayor McDuffie passed the gavel to Vice Mayor Carney and left the dais. The City Attorney stated Ms. Morrison has received 3 votes and Mrs. Finst 1 vote. Mr. Frankel moved to appoint Christina Morrison as Commissioner Seat #1, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. 10.J. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint three (3) regular members and an alternate to serve three (3) year terms ending January 14, 2016 and one (1) alternate member to serve an unexpired term plus a three (3) year term ending January 14, 2016 to the Code Enforcement Board. Based upon the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Carney (Seat #1). Mr. Jacquet moved to appoint Kevin Homer as a regular member to the Code Enforcement Board to serve a three (3) year term ending January 14, 2016, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. Mr. Frankel moved to reappoint Ronald Gilinksy as a regular member to the Code Enforcement Board to serve a three (3) year term ending January 14, 2016, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mr. Carney — Yes. Said motion passed with a 4 to 0 vote. Mrs. Gray moved to reappoint Jason Dollard as a regular member to the Code Enforcement Board to serve a three (3) year term ending January 14, 2016, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 4 to 0 vote. At this point, Mayor McDuffie returned to the dais. 27 01/03/13 Mayor McDuffie stated he wished to appoint Deanne Longo as an alternate member to serve a three (3) year term ending January 14, 2016. Mr. Jacquet so moved, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. Mr. Carney stated he would like to defer his appointment to the next regular meeting of January 15, 2013. 10.K APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) student member to the Police Advisory Board to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). Mrs. Gray moved to appoint Ryan Longo as a student member to the Police Advisory Board to serve an unexpired term ending July 31, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 12. FIRST READINGS: A. None 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 13.A. City Manager The City Manager stated with regard to lawsuits involving the City Manager as best as he and the City Attorney can recall in 22 years the City has never lost a lawsuit or EEOC (Equal Employment Opportunity Commission) complaint based on a personnel action which he has taken. The City Manager stated every time an employee is fired it is a potential lawsuit. The City Manager stated he remains interested in Civic Affairs and plan to continue doing some things with the League of Cities and the Alliance for Innovation. The City Manager thanked the City Commission for the privilege of working with them. He stated there have been some fantastic Commissioners and Commissions over the years and it has been great to have the support and the continuity of vision that has been a key to the City achieving what it has. The City Manager stated Mrs. Gray had asked about possibly shrinking the CRA and in order to evaluate that they have asked the Property Appraiser's office to determine the valuation of that part of the CRA that is east of the Intracoastal at that time the CRA was created. The City Manager stated they expect by the end of the month they will have that value. He stated once we know what that value was at the time the CRA 28 01/03/13 was created we can see what the increment is and what the impact would be on both the CRA and the City if we were to de -annex that part from the CRA. He stated when staff gets the information they will bring it to the Commission. 13.B. City Attorney The City Attorney had no comments or inquiries on non - agenda items. 13.C. City Commission 13.C.1. Mr. Jacquet Mr. Jacquet thanked the City Manager and the Mayor for their years of service and their passion for the City. 13.C.2. Mr. Carney Mr. Carney stated the City Manager's service to Delray Beach exemplified the dedication, integrity, and the passion that this City deserves in a City Manager. Mr. Carney thanked the City Manager for his years of service and stated Delray Beach would not be the great success story that it is had they not had the City Manager's guiding and stable hand over the years. Mr. Carney stated the City Manager has exercised fiscal responsibility which has allowed Delray Beach to succeed far beyond what neighboring cities have done and as a resident of the city he thanked the City Manager for all of the work he has done on behalf of the Commission. Mr. Carney also thanked Mayor McDuffie for his dedicated service to the City of Delray Beach and stated he has committed himself to improving the lives of all the Delray Beach residents especially his involvement with the various youth programs and providing them the opportunity through the Digital Divide initiative for them to have access to the internet. Mr. Carney stated Mayor McDuffie's dedication that he has shown has helped the City through some very difficult times. Mr. Carney stated he has enjoyed the history and stories of Delray Beach told from the perspective of those that have lived here their entire life. He stated it is so important that you know where you were and where you come from in order for you to know where you want to go. 13.C.3. Mrs. Gray Mrs. Gray stated it has been an honor to have served with the City Manager. She stated the City Manager has been a great leader, honest, fair, and on top of his game. Mrs. Gray stated she will miss the City Manager but believes his work ethics will continue on. Also, Mrs. Gray stated she will miss Mayor McDuffie and appreciates everything that he has done. 29 01/03/13 13.C.4. Mr. Frankel Mr. Frankel stated he spoke to the City Attorney today about the smoking ordinance and noted there have been some complaints about cigar smoking on the beach. He asked if signs can be posted on the beach that read "no smoking on the beach" by City ordinance. The City Manager stated the City adopted the ordinance and it provides for a designated smoking area and there was never an agreement reached of where the designated smoking area should be. The City Manager stated if the Commission can come up with a designated smoking area then they can do that and prohibit it on the rest of the beach. Mr. Frankel suggested that this be discussed at the next Workshop meeting or soon after. Secondly, Mr. Frankel stated the City now has WiFi which is a good thing. Lastly, Mr. Frankel stated when he met with Kurt Bressner regarding the City Manager's search and every question he asked was that he wanted someone like Mr. Harden's integrity, work ethic, etc. Mr. Frankel stated every time he spoke to someone or looked at a resume he always compared it to the City Manager and thanked him for everything he has done. Mr. Frankel commented about an article written four years ago that states "Local Attorney Challenges Woodie McDuffie ". Mr. Frankel stated Mayor McDuffie and his family have been more welcoming, supportive and helpful. Mr. Frankel stated Mayor McDuffie taught him a lesson of taking the high road on how you treat people and how it is great to love your community and the people in it. 13.C.5. Mayor McDuffie Mayor McDuffie stated he has had so many positive role models in his life and Mr. Harden is his new one. Mayor McDuffie stated he and his wife often discuss the incredible honor that it has been for everyone in his family. He stated it has been rewarding to restore and add physical infrastructure to Delray and those achievements have been overshadowed by the personal experience that his family has had with their amazing constituents who have touched them with their dedication to the City and honored them with their genuine friendship. Mayor McDuffie stated he has been blessed by being supported by the all- around best staff he has ever had the pleasure to work with. Mayor McDuffie continued to read a brief statement into the record and thanked everyone for six (6) wonderful years. There being no further business, Mayor McDuffie declared the meeting adjourned at 10:15 p.m. City Clerk 30 01/03/13 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on January 3, 2013, which Minutes were formally approved and adopted by the City Commission on 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 some amendments, additions or deletions as set forth above. 31 01/03/13 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE MODIFICATION REQUEST FOR FAIRFIELD INN HOTEL ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request to allow construction of a 95- bedroom hotel located on West Atlantic Avenue between S.W. 10th Avenue and S.W. 9th Avenue, has come before the City Commission on January 3, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for the Fairfield Inn Hotel development. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and Il. I. COMPREHENSIVE PLAN a. Comprehensive Plan - Future Land Use Element Objective A -1_: This objective requires that the property shall be developed or redeveloped as it pertains to height, in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. Is this objective met? Yes ✓ No b. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of Commercial Core and is zoned Central Business District. City Commission Meeting on January 3, 2013; Item 10.A. 1 Future Land Use - Is project's proposed location consistent with the Future Land Use Map? Yes ✓ No C. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes ✓ No d. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes ✓ No ll. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings:- (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located, 2. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes ✓ No 2 City Commission Meeting on January 3, 2013; Item 1 0.A. b. Pursuant to LDR Section 4.4.13(D)(16), hotels, motels, and residential- type inns on property located within the West Atlantic Avenue Neighborhood are allowed as conditional uses within the Central Business District (CBD). The proposed conditional use is to allow the establishment of the Delray Beach Fairfield Inn Hotel, within the Central Business District (CBD) and the West Atlantic Neighborhood. The proposed 95 -roam hotel development will be located on the south side of West Atlantic Avenue between SW 10th Avenue and SW 9th Avenue. Are these requirements met? Yes ✓ No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves ✓ denies the conditional use request set forth above subject to the conditions set forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this order this 3rd day of January, 2013, by a vote of 5 in favor of approval and 0 opposed. ATTEST: Chevelle Nubin City Clerk Thomas F. Carney, Mayor 3 City Commission Meeting on January 3, 2013; Item 1 0.A. EXHIBIT A TO THE CONDITIONAL USE MODIFICATION REQUEST FOR FAIRFIELD INN HOTEL 1. That the applicant submit an application for Class V Site Plan Approval which at a minimum addresses the following issues identified in this staff report: 2. That a detail of the proposed 5' high wall to be located around a portion of the parking lot needs to be provided; 3. That the site plan shall depict the location of the emergency generator and associated fuel supply. The emergency generator needs to be designed and equipped to operate at full capacity for the equipment being served for a period not less than 120 hours and a note to this effect shall be placed on the side plan. 4. That provision of sufficient spread of illumination level along SW 10th Avenue and SW 9th Avenue r -o -w needs to be accommodated. An increased illumination level in this area for personal safety purposes and prevention of vandalism is recommended; 5. The applicant shall provide a contribution of approximately one -half the cost of a bus shelter ($ 5,500) prior to certification of the site plan, 6. Visibility triangles for the two access driveway to the parking lot along SW 10th Avenue and SW 9th Avenue, as well as the intersections of West Atlantic Avenue r -o -w with SW 10th Avenue and SW 9th Avenue need to be depicted on the site plan and landscape plan; 7. That the required two feet (2') right -of -way dedication along West Atlantic Avenue (west half of the property) be executed as part of the required plat associated with the subject property and be depicted on the site plan, Engineering plans, and Landscape plan; 8. That the required twenty feet (20') corner clip dedication at the southwest corner of West Atlantic Avenue and SW 9th Avenue, and the southeast corner of West Atlantic Avenue and SW 10th Avenue be executed as part of the required plat for the property and be depicted on the site plan, Engineering plans, and Landscape plan; 9. Utility facilities serving the development shall be located underground throughout the development. A note to this effect needs to be placed on the site plan; City Commission Meeting on January 3, 2013; Item 1 0.A. 10. As the development proposal includes the integration of various lots and the dedication of right -of -way, a plat must be processed and recorded prior to issuance of a building permit; 11. The applicant has indicated that the function of the higher areas at the center portion of the building (including the proposed decorative trellis) have two purposes: 1) to screened, and cover mechanical equipment which will be strategically located behind these areas; and 2) the proposed trellis and higher elements are iconic to the Fairfield Hotel brand. Thus, this portion of the building which has a height of 56' is not intended for human occupancy and may be considered an "appurtenance ". A condition of approval is attached that details of the equipment are provided, depicted, and marked on the building elevations. City Commission Meeting on January 3, 2013; Item 1 0.A. 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 RELATING TO A TEMPORARY USE PERMIT TO ALLOW THE USE OF TWO (2) TEMPORARY TRAILERS DURING THE RENOVATION OF THE EXISTING OFFICE BUILDING FOR ALL COUNTY PAVING LOCATED AT 1980 S.W. 10TH STREET 1. These waiver requests to allow a temporary use permit to allow the use of two (2) temporary trailers during the renovation of the existing office building came before the City Commission on January 3, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the temporary use permit. 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 Allow a Temporary Use Permit for Two (2) Temporary Trailers at 1180 S.W. 90th Street: LDR Section 2.4.6(F) provides of a list of allowable temporary uses. The Applicant is requesting a waiver to Section 2.4.6(F) to permit the use of two (2) temporary trailers for temporary administrative offices, to be located at All County Paving at 1180 S.W. 10th Street. City Commission Meeting on January 3, 2013; Item 1 0.B. Does the waiver request subject to the conditions attached in Exhibit "A" meet all the requirements of 2.4.7(6)(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 2.4.6(F) subject to the conditions listed in Exhibit "A" attached hereto. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 3rd day of January, 2013, by a vote of 5 in favor and 0 opposed. ATTEST: Chevelle Nubin, City Clerk K Thomas F. Carney, Jr., Mayor City Commission Meeting on January 3, 2013; Item 1 0.B. Exhibit "A" Conditions Related to the Waiver Request to Allow Two (2} Temporary Trailers at All County Paving Located at 1180 S.W. 10' Street 1. Approval is subject to no more than 12 vehicles being allowed on the western parcel at any one time. 2. All vehicle storage and overflow parking is to be accommodated on the primary site in approved parking areas. 3. A temporary pedestrian connection is to be provided from the primary site to the temporary site. 4. That the temporary trailers, parking lot area, concrete pads, landscaping, etc. all be removed from the property and the area restored concurrent with the issuance of a Certificate of Occupancy for the permanent office, but in no event shall the Temporary Use Permit be valid for more than one year from the issuance of same. 5. The siting of these temporary trailers must meet all applicable building permit requirements including, but not limited to, connection with appropriate utility services and provision of men's and women's toilet facilities connected to appropriate city water and sewer facilities. 6. A Class II site plan modification must be processed and certified prior to placing the trailers on the site. 7. That parking of vehicles and equipment is limited to the parking lot(s) shown on the plan. No areas are to be used for outdoor storage of materials. The balance of the site, including the extensive area south of the dashed area shown for these immediate improvements, shall not be used for storage of vehicles, trucks, materials, paving machinery and/or equipment, etc. IQ City Commission Meeting on January 3, 2013; Item 1 0.B. WHEREAS, many times when individuals and families need help in meeting life's basic needs and they are not sure where to turn; and WHEREAS, 2 -1 -1 is an easy to remember, easy to use three -digit number recognized as the central linkage point in providing individuals and families with the guidance, support and information they need to solve their problems; and WHEREAS, The City of Delray Beach is fortunate to have 2 -1 -1 Helpline, a service of the nonprofit agency, 211 Palm Beach /Treasure Coast, that enables people to access information about, provides assessment for and referral to community resources, with telephone counseling for distressed callers including suicide intervention; and WHEREAS, 2 -1 -1 Helpline service is free, confidential, available 24/7, with highly trained staff who are "here to listen, and here to help," who last year alone assisted over 133,000 callers in need of crisis intervention, assessment and referrals to community services; and WHEREAS, 2 -1 -1 Palm Beach /Treasure Coast proudly enters its fifth decade of service, and looks forward to continuing to provide quality, caring assistance to the people of our community; and WHEREAS, 2 -1 -1 Helpline staff was also proud to reach beyond our local region to assist thousands of New Jersey victims immediately following the devastation of Hurricane Sandy. The caring 2 -1 -1 staff not only provided comfort but also assisted individuals and families in finding shelter, medical help, water, food, warming stations, and so much more as they struggled to survive. During the ensuing two week period, 2 -1 -1 had received over 3,100 phone calls from individuals and families struggling in New Jersey. NOW, THEREFORE, I, THOMAS F. CARNEY, JR., Mayor of the City of Delray Beach, hereby proclaim February 11, 2013 — February 17, 2013 as: 2 -1 -1 AWARENESS WEEK in the City of Delray Beach, and urge all citizens to be aware of the only telephone number they need to know to access information and referral to programs and services at over 2,800 sites in our area that provide assistance in such areas as Health Care, Insurance, Volunteering, Food, Day Care, Mental Health Counseling, Support Groups, Financial Assistance, etc. 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 5' day of February, 2013. THOMAS F. CARNEY, JR. MAYOR Act Activity Original Esr1y Early ID Description miration Start Finish smz 2013 EEC JAN I FEB —7 PB Y pa g 3 on 7 . 1 4 t 1050 Del Notice to Proceed 0 DIDEC12A 01DEC12A 2650 Prep. 7000' subline Q GCS for tow 7 03JAN13 A_ 14JAN13A —Prep 7000'subline9 GCS fortew -�� Loadrrruck 12 pontoon tanks: MCity tc GCS Palm Beach Notice to Proceed Del Ray and Dig ® North BA �� South SA - Dig Southern BA @ Delray Oelrgy Substantial Required Cmnplelion Palm Beach Required Completion ODEMOB Delray Beach Equipmed 2090 Lead+Truck 12 pontoon tanks: MCity to GCS 5 D3JAN13A 09JAN13 A 1026 Palm Beach Notice to Proceed 0 04JAN73A 2020 Conduct Suhlfrsa Surveye 2 041AN13A 73AN13A Conduct SUMine u Neys Build Air CoT?ressor Barge g, GCS r Trilck (3) Beach Grids: Norfolk to GGS for Repair Truck Matt I.oPalmBeach �—►� Mobilize SV Chalmette -Truck 956 too Palm Beach Hannover Meeting In Oak Brook Tow Dar 69� GCS to PB vi Mary Virginia i Corps Conduct PB Channel BD Surveys i Tow2000' F4ine & AB 110: Scofield to PB W Niz gTruckSleel'Riserfrom'Norlolk Texas complete in 1Mlmington, NC r I Outside Tow SL: GCS to PS: Ail Raider & HHead �I - Prep Texas for tow Truck 45D0' Shnrepipe to Palm Beach Conduce PB Beach Surveys -______ _- _____ _________ _____ __Truck Beach Screens: GCS to Palm Beach Place 37W SL to N. T -Basin & JumperoverJetty, Taw Texas 8 175 Plunder. Wilmington to P8 Truck (2) Landii;g Pipes to Palm Beach Truck 2) D7E & Excavator to Palm Beach �Place r1760' SL to Settling Basin - -C Prep Texas to Work 7 Conduct IIF for Both Jobs Dredge Entrance Channel err Float Line 7w Chagenger &Plow to Palm Beach Tow Fuel Barge: Wilmington to Pe Dredge North Turning Basin Truck 966 to Delray Dredge Battling Basin & Expanded SS Retmve 3709 SL to N. T -Basin Corlduct,Delray aomwArea BD Surveys � Truck CRAB to Delray & Assemble 7aw3700' SLto Del Ray and Place @ North BA MOB CooQar River. DE to Palm Beach Conduct Delray Beach BD's Truck Shore Pipe: Palm Bch to Delray Truck D7E: Palm Beach to Delray Truck Landing Ppe: Palm Beach to Delray —+ Remove 1760' SL to S -Basin Taw Texas to ❑ Tow 1760' SL to Del Ray and Place 2080 Build Air Compressor Barge @ GCS 3 07JAN13A 11JAN13A 2206 Truck (3) Beach Grids: Norfolk to GCS for Repair 0 DBJAN13A 10JAN13A 2360 Truck Matting to Palm Beach 011JAN13A 11JAN13A 2010 Mobilize Sy Chalmette 2 15JAN13 A 15JAN13A 12220 Truck 965 to Palm Beach D 16JAN13 A 16JAN 33A 13370 Hshdover Meeting in Oak Brook 022JAN13A 22JAN13A .2180 Taw Der 69: GCS to FB vi Ih77y Virginia 4 23JAN13 A 28JAN13A 3390 Corps Conduct PS Channel BD Surveys 7 24JAN13 A 24JAN13 A _ 21� Tow2000' F-lihe &AB 110: Scofield to 138 W Nlz 17 25JAN13A 05FE613 A 12326 Truck Steel Riser fromNotfolk 425JAN13A 29JAN13A 2070 Texas complete In Wilmington, NC O 28JAN13A 12100 _ Outside Tow SL: GCS to PB: All Raider &.HHead 4 28JAN13A 02FEB13 A 213D Prep Texas for tow 7 28JAN13A OSFEBI3 3360 Truck 450V Shorepipe to Palm Seach 4 28JAN13A 06FEB13 3360 Conduct PB Beach Surveys 3 28JAN13A 07FES13 2270 Truck Beech Screens: GCS to Palm Beach 0 02FEB13 02FE613 12110 Place 3701' SL to N. T -Basin & Jumper over Jelly 5 04FEB13 09FEBt3 12140 2240 mm Tow Texas & 176 Plunder W fininglon m PB 4 OSFEBI3 09FEB13 Truck (2) Landing Pipes to Palm Beach 0 08FEB73 OSFEBI3 223 Tnck (2 D7E & Excavator to Paim Beach 0 08FEB13 DEFE1313 2121 Place 17611' SL to Settling Basin 3 09FEB13 12FEB13 12150 Prep Texas to Work l Conduct IIF for Both Jobs_ 1 09FEB13 10FEE13 2180 Dredge Entrance Channel en Float Line 3 10FE613 13FEB13 22511 Truck Challenger& Ptowta Palm Beach 3 10FEB13 13FEBIS 2170 Taw Fuel Barge: SMlmlngtan to PS 4 IIFE813 i5FEBi3 2210 Dredge North Turning Basin 3 13FEB13 16FEB13 2260 Truck 966 to Delray 0 18FEB13 16FEB13 2310 Dredge Settling Basin & Expnded SB 14 IBFEB13 02MAR13 3190 Remove 3700' SL t0 N. T -Basin 2 ISFEB13 18FEB13 3330 Conduct Delray BorrowArea BD Surveys 2 16FEB13 IBFE813 2290 Truck CRAB to Delray & Assemble 4 18FEB 13 22FEB13 3260 Tow370a SL to Del Ray and Place @ North BA 0 18FE813 ISFEB13 3340 MOB Cooper River: DE to Palm Beach 7 18FEB13 25FE813 3320 Conduct Delray Beach BD's 7 22FEB13 DIMAR13 2280 Truck Shore Pipe: Palm Bch to Delray 2 28FE813 02MAR13 3300 Truck 07E: Palm Beach to Delray 0 28FEB13 28FEB13 _ 3310 Truck Landing Pipe: Palm Beach to Delray 0 28FES13 26FEB13 3270 Remove 17611` SL to S -Basin 3 03MAR73 06MAR13 3290 Tow Texas to Del Ray and Dig ® North BA 17 03MAR13 ZOMAR13 13280 Tow i760' SL to Del Ray and Flace @ South BA 1 DBMAR13 107 MAR13 3350 Dig Southern SAC Delray 17 20MAR13 06APR13 1940 Delray Substantial Required Completion 0 31MAR13 31MAR13 1030 Palm Beach Required Completion 0 01APR12 :1060 DBMS Delray Beach Equipment 7 06APRi3 13APR13 Date Revision Checked App raved Great Lakes Dredge & Dock Palm Beach & Delray Mob F--1 Early bar Progress bar ® Critical bar j summary bar Progress point ® Critical point [% Summary point O Start milestone point 0 Finish milestone point 1 02FE813 MOB Schedule MFJ ,)\- f Ael ID Activity Description Original Duration I Early Start Early Find, zDkx M15 OEC 1111 FEB MMR APB Y a 3 la 17 P4 P3 11D P7 P4 011 P7 P4 121 Ra Del Ray and Dig orth BA (dJ South BA Dig Southern BA U Delray Deiray Substantial Required Completion w Palm Beach Required Completon =:�OEMOB Delray Beach Equipme 1050 Delray Notice to Proceed _ _ 0 CIDEC12A D1DEC12 A 2060 Prep. 7000'subline iP GCS for tow 703JAN13A 14JAN13A Prep. 7000'subfne Q GCS for tow --yam LoadlTruck 12 pontoon tanks: MClty to GCS i Palm Beach Notice to Proceed 2090 LDadlrruck 12 pontoon tanks: MCity to GCS 6 03JAN13 A 09JAN13 A 1020 Palm Beach Notice to Proceed 0 MAN13 A 2020 Conduct SubtlneSurveys 204JAN13A Cuct SUblineSurveys i' Build Air Coimpreasor Barge( GCS ruck (3) Beach Grids: Norfolk to GCS for Repair Truck Matting to Palm Beach Y l—►I Mobilze SV Chalmette -Truck 966 to Palm Beach ! Hando,.r Meeting L1 Oak Brack Tow Der 69: GCS to PB of Mary Virginia j Corps Conduct PB Chennal BD Surveys I Tow 2000' Feline & AS 11 Dt Scofield to PB vii? Niz �Tmck Steel Riser from �Norfalk Texas Complete in Wilminglan. NC - Outside low Su GCS to PB: A0 Raider & HHead Prep Texas four tow - Truck 45OD'�Shompipe to Palm Beach Conduct PB Beach Surveys ' _____________ _ ___�__ _________ „_,_._._.Truck Beach Screens: GCS to Palm Beach Place 37W SL to N. T -Basin & Jumper over Jetty Taw�Texas & 175 Plunder. Wilmington to PB Truck (2) 1. nding Pipes to Palm Beach Tuck 1 WE & Excavatorto Palm Beach �P1ace 1764' SLto Settling Basin c Prep Terns to Work! Conduct IIF for Both Jobs Oredge Entrance Channel on Float Line 7reek Challenger& Plow to Palm Beach Tow Fuel Barge: Wilmington to PB Dredge Noah Timing Basin Track 966 to Delray Dredge Settling Basin &Expanded SB Remove37001 5LtoN.T -Basin Conduct Delray Borrow Area BD Surveys t�Truck CRAB tr Delray & Assemble Tow 3700' St. to Del Ray and Place ® North BA I MOB Cooper River. DE to Palm Beach Conduct Delray Beach BD's Truck Shore Pipe: Palm Bch to Delray P Truck 07E: Palm Beach to Delray Truck Landing Pipe: Palm Beach to Delray - Remove 1760' SL to 5 -Basin -Taw Texas io ❑ Tow 1760' SL to DeI Ray and Place 2080 Build Air Compressor Barge GCS 307JAN13q 2200 Truck ) Beach Grids: Norfolk to GCS for Repair 0 DBJAN13 A d22JAN13A 2300 Truck Matting to Palm Beach 0 11JAN13 A 2010 -__ _ Mobilize SV Chalmette 2 15JAN13 A 2220 Truck 966 to Palm Beach 0 16JAN13 A 3370 Handover Meetin in Oak Brook 0 22JAN13 A 2160 Tow flee 69: GCS to PB W Mary Virginia 4 23JAN13 A 28JANI3 A 3390 Corps Conduct PB Channel BD Surveys 1 24JAN13 A 24JAN13 A 2196 Tew2600' Feline & AS 110: Scofield to PB 4 Niz 17 25JAN13 A 05FE813A 2320 Truck Steer Riser from Noifolk 4 25JAN13 A 29JAN13 A 2070 Texas complete in Wilmington, NC 0 28JAN13 A 2100 _ Outside Taw SL: GCB to PB: Atl Raider & Mead 4 26JAN13 A 02Ff613A 2134 Prep Texas for taw 7 28JAN13 A 05FEB13 3360 Truck 4500' Shoreplpe to Palm Beach 4ZOJAN13A 06FES13 33811 Conduct PB Beach Surveys 3 28JAN13 A W FE613 2270 Truck Beach Screens: GCS to Patin Beach 0 02FEBt3 _ 02FE813 2116 Place 3700'$L to N. T -Basin & Jumper ovei-Jelty 6 04FES13 09FES13 2140 Tow Texas & 175 Plunder Wilmington to PB 4 CSFEB13 09FEB13 2240 Truck (2) Landing Pipes to Palm Beach 0 OfiFEB13 O6FEB13 2236 Td1ck (2 D7E & Excavator to Palm Beach 0 OBFEB13 08FES13 2120 Pkce 1766' SL to Settling Basin 3 09FE813 12FE013 2150 Prep, Texas to Work 1 Conduct Ill' ror Both Jobs 1 09FEB13 10FEB13 2180 Dredge Entrance Channel on Float Line 3 10FEB13 13FEB13 2250 Truck Chaltanger & Plow10 Palm Beach 3 10FEB13 13FE013 2170 Tow Fuel Barge: WBminglan W p6 4 11FEB13 15FE &13 2210 Dredge North Turning Basin 3 13FES13 16FE013 2260 Truck 966 to Delay D 16FES13 16FES13 23111 Dre Selo flasin $ Exparded SB 14 16FEB13 02MAR13 3190 Remove 3700'_SLto_N.T -Basin 216FEB13 38FE813 3330 Conduct Delray BorrowAma BD Surreys 2 16FEB13 18FE313 2290 Truck CRAB to Delray & Assemble 4 1BFEBt3 22FEB13 _3250_ _ 3340 Taw3700' SL to Del Ray and Place @ North BA 6 18FEB_13 IBFE313 MOB Cooper River. DE to Palm Beach 7 1 8FEB13 _ 25FES13 3326 Conduct Delray Beach BD`s 7 22PEB13 DIMAR13 2280 Truck Shore Pipe: Palm Bch to Delray 2 28FES13 02MAR13 33_00 Track p7E: Palm Seaeh 1. Delray 0 28FEB13 26FES13 _ 3330 Y Truck Landing Pipe: Palm Beach to Delay 6 28FEB13 28FE813 3270 Remove 1760' SLto 5 -Basin 3 D3MAR13 06MAR13 3290 _T TuwTexas to Del Ray and Dig ® North BA 17 113MAR13 20MAR13 3260 Tow 1760' SLto DeI Ray and Place @ South BA 1 Q6MAR13 tl7MAR13 3350 Dlg Southern BA@ Delray 17 20MAR13 OWR13 1040 Delray Subalentiak Required Completion 0 311AARIS 31MAR13 1030 Palm Beach Required Completion 0 01APRU 1456 DEMOB Delray Beach Equipment 7 08APR73 13APR13 Dale Revision Checked Approved Great Lakes Dredge & Dock Palm Beach & Delray ob y L--A Pady bar � Progress bar Cri;iral bar Summaryber ♦ Progress point ® Critical point Q Summary point p Start milestone point * Finish milestone point 02FEB13 MOB Schedule MFJ Cutter Suction Dredge Texans equipment info from GIRD The dredge Texas, now one of the world's most powerful cutterhead dredges, has undergone extensive upgrading. Modifications included a new 4,000 -hp cutter motor, new swing winches, new ladder extension, a widened and extended hull, extended ladder frame, new cutter service platform, new lever room, improved instrumentation and addition of an idler barge whose walking spud has a 7.5 -m stroke. The idler barge is also equipped with an on -board material booster. Applications • The Texas' heavy -duty construction and high freeboard make the dredge ideal for working offshore. • Heavy ladder construction, underwater pump, impressive cutter power and large inventory of specialty cutters enable the digging of blasted and unblasted rock. • Used offshore to mine material for land reclamation and beach nourishment projects, the Texas can pump and maintain high productivity even over long line lengths. Specifications © Great Lakes Dredge & Dock Company 2122 York Road, Oak Brook, Illinois 60523 r 630.574.3000 + www.gldd.com Committed to creating an incident- and injury-free (11F) working environment Imperial Metric Dimensions Hull 305 x 66 x 15 ft 93 x 20.1 x 4.6 in Overall Length 355 ft 108.2 m with Idler Barge 594 ft 181.1 m Draft 11 ft 3.4 m Operating Parameters Dredging Depth 15 to 94+ ft 4.6 to 28.7 m Suction Diameter 34 in 864 mm Discharge Diameter 30 in 762 mm Ladder Weight 670 tons 607,814 kg Machinery & Power Total Installed Power 24,695 hp 18,413 kW Main Pump (Two 3,600 -hp engines) 7,200 hp 5,371 kW Cutter Power 4,000 hp 2,984 kW © Great Lakes Dredge & Dock Company 2122 York Road, Oak Brook, Illinois 60523 r 630.574.3000 + www.gldd.com Committed to creating an incident- and injury-free (11F) working environment Coastal Research Amphibious Buggy (CRAB) E j equipment info from GLDD vr�a. � wcw.rviw Builder Great Lakes Dredge & Dock Company Power Data Progress Machine Main Engine 3054 Caterpillar Where Built New Orleans, Louisiana Hydraulic Infinitely Variable Hydrostatic, Year Built 2003 All Wheel Drive Fuel Capacity 55 gallons (208 liters) Hydraulic Fluid Mobile EAL224H -- Vegetable Based Dimensions Imperial Met?* Height 33 ft 10 m Navigation 1 Survey Width 30 ft 9 m Main Engine Trimble RTK -GPS 5700 Length 29 ft 9 in STI Tilt, Honeywell HMR30r, , Performance] .` Ground Clearance 3.5 ft lA m Water Clearance 24 ft 7.3 m Weight 23,000 lbs 10,450 kg Travel Speed 0 -6 mph 0 -9.5 kpm Tipping angle on land 35 degrees © Great Lakes Dredge & Dock Company 2722 York Road, Oak Brook, Illinois 60523 # 630.574.3000 + www.gldd.com Committed to creating an incident- and injury -free ([IF) working environment Cutter Suction DVEm s Dredge Tenn equipment info from GLDD v R ill 'low The dredge Texas, now one of the world's most powerful SpectAotzons cutterhead dredges, has undergone extensive upgrading. Imperial Metric Modifications included a new 4,000 -hp cutter motor, new Dimensions swing winches, new ladder extension, a widened and extended Hull 305 x 66 x 15 ft 93 x 20.1 x 4.6 m hull, extended ladder frame, new cutter service platform, new Overall Length 355 ft 108.2 in lever room, improved instrumentation and addition of an idler with Idler Barge 594 ft 181.1 m barge whose walking spud has a 7.5 -m stroke. The idler barge is Draft 11 ft 3.4 m also equipped with an on -board material booster. Operating Parameters Applications Dredging Depth 15 to 94+ ft 4.6 to 28.7 m • The Texas' heavy -duty construction and high freeboard Suction Diameter 34 in 864 mm make the dredge ideal for working offshore. Discharge Diameter 30 in 762 mm • Heavy ladder construction, underwater pump, impressive Ladder Weight 670 tons 607,814 kg cutter power and large inventory of specialty cutters enable the digging of blasted and unblasted rock. Machinery & Power • Used offshore to mine material for land reclamation and Total Installed Power 24,695 hp 18,413 kW beach nourishment projects, the Texas can pump and Main Pump r maintain high productivity even over long line lengths. (Two 3,600 -hp engines) 7,200 hp 5,371 kW Cutter Power 4,000 hp 2,984 kW © Great Lakes Dredge & Dock Company 2122 York Road, Oak Brook, Illinois 60523 # 630.574.3000 # www.gidd.com Committed to creating an incident- and injury -free 111F) working environment Pct ID Act -wily DescH On P4 Original Duration Early Start Early Finish zmz a01a a', JAN FEB R Mq n pa F5 1 i-- — �— 'Rl - -- la 7 P4 0 119 ji, _ 1 7 r4 FM 125 Del Ray and Dfg @ North BA � South BA Dig .0 them BA @ Delray ►Defray 6ubstandel Required Completion Palm Beach Required Completion DEMOB Delray Beach Equtpm9 1050 Delray Notice to Proceed 0 DIDEC12A 01DEC12A 2060_ Peep - 7000' subline @ GCS for tow 7 03JAN13A 14JAN13 A Prep 7000' subtne ® GCS for tow Loadf fuck 12 pontoon tanks: MCity to GCS Palm Beach Notice to Proceed 2090 Loaditruck 12 pontoon tanks: MCity to GCS 5 03JAWSA 00JAN13 A 1020 Palm Beach Notice to Proceed 0 04JAN13A 2020 Conduct Subfrne Surveys 2 04JAN13A 07JAN13A Canducl Subline 5urvays Build Air Compressor Barge GCS Tnrk (3) Beach Grids: Norfolk to GCS for Repair Truck Malting to Pairn Beach � Mobilize SV Chalmette Trua,Ae ti Palm Beach ! Handover Meetfngin Oak Brook Tow Der 69: GCS m PIS w? Mary Virgirda Corps Conduct PB Channel BD 6umep i Tow 200Y F•Ilne & AB 110: Scofield to P wt Niz �Tmck Ste at Riserfrom�Norfolk Texas C9mpleie in Wilmington, NC I Outside Tow SL: GCS to PS, Ali Raider & HHead Prep Texas for taw Truck 4500'.Shompipe to Palm Beach Conduct PB Beach Surveys L _______________________________ _____ _________ _ "truck Beach Soieens: GGS to Palm Beach Place 3700' SL to N. T -Basin & Jumper over Jetly Tow Texas & 175 Plunder: Wilmington to PB Truck {2} Landing Pipes to Palm Beach Truck (2) D7E & Pxcavatcrto Palm Beach Place 1760' SLID Settring Basin C Prep Texas to Work I Conduct IIF for Both Jobs Dredge Entrance Channel on Float Line Truck Challenger & Plowto Palm Beach Tow Fuel Barge: Wilmington to PB Dredge North Turning Basin Truck 966 to Delray - Dredge Settling Basin & Expanded SB Remove 3700' SL 3o N. T -Basin ConductlDelray, BnnowArea BD Surreys Truck CRAB to Delray & Assemble 7P Tow 3700' SL to Del Ray and Place @ North BA MOB Cooper River: DE to Palm Beach Gonr ucl Delray Beach BD's Truck Shore Pipe: Palm Bch to Delray TE: Palm Beach to Delray ding Pipe: Palm Beach to Delray Remove 1760' SL to S -Basin =MTawTexasto M Tow 1760' SL to Del Ray and Place 2080 Build Air Compressor Barge@ GCS 3 07JAN13A 11JAN13A 2200 Truck 3) Beach Grids: Norfolk to C+GS for Repair 0 OBJANI3A t OJAN13 A 2300 Truck Matting to Palm Beach 0 11JAN13 A 11JAN13 A 2010 Mobilize SV Chalmette 2 151ANIB 15JAN13 A 2220 Truck 966 to Palm Beach 0 16JAN13A 1WAN13A $370 Handover Meeting In Oak Brook 022JAN13A 22JA 113A 2160 Taw Der69: GCS to PB cod Mary Virgin Ea 4 23JAN13A 26JAN13 A 3390 Corps Conduct PS Channel BD Surveys 1 24JAN13A 24JAN13 A 2190 Tow 2000' 14re —& AD 110: Boolfeld to PB vi Nlz 17 253AN13A 05FEB13 A 2320 Truck Steel Riserfrom Norfolk 425JAN13A 79JAN13A Texas complete in WAmin on, NC 0 20JAN13A `2070 _ '2100 Outside Tow SL GCS to PB:Ali Raider & HHead 4 20JAN13A 02FEB13A 2130 Prep Texas tar low 7 28JAN13A 05FEB19 3360 Truck 4600' Bhorepipe to Palm Beach 4 28JAN13A 06FEB13 3360 Conduct AB Beech Surveys 3 2BJAN13A 07FE813 2270 Truck Beach Screeds: GCS to Palm Beach 0 02FEB13 02FEBi3 _ 2110 Place 37W SL to N. T -Basin & Jumper over Jetty 5 D4FEB13 09FRBt3 2140 Taw Texas & 175 Plunder. 9AAImin on to PB 4 05FEB13 D9FEB13 2240 Truck (2) Landing Pipes to Palm Beach 11 O6FEB13 06FEB19 2230 Truck (2 ) D7E & Excavator to Palm Beach 0 OBFES13 DBFEB13 X2120 Plow 1760' SL to Settling Basin 3 00FEB13 112FE813 2150 Prep Texas to Work I Conduct ]IF for Both Jobs 1 09FEB13 l oPES13 ,2180 Dredge Entrance Channel on Float Ling T 3 IOFEBI3 iiFEB13 :225tl Truck Challenger & Plow In Palm Saaoh 3 fOFEB13 13FEB13 2170 Tax Fuel Barge: Wilmington to PB 4 11FE813 15FE613 ILU10 Dredge North Turning Basin 3 13FEa13 16FEB121 - 12260 Truck 966 to Delray 0 16FEB13 16FEB13 1231D Ore a Setting_ Basin &Expanded SB 14 16FEB13 02MAR13 .3190 Remove 3700' SL to N. T -Basin 2 16FEB13 1BPEB13 _ 3330 Conduct Defray BonnwArea BO Surveys 2 16PE813 1BFEB13 1 2200 Truck CRAB to Delray & Assemble 4 1BFEB13 22FEB13 1_3260 Tow 3700' SL to Del Ray and Place @ North BA 0 1BFEB13 1 BFEeis , 3349 MOB Cooper River. DE to Palm Beach 7 18FEB13 25FES13 X3320 Conduct Delray Beach BD's 7 22FEB1 3 01 MAR13 12289 Truck Shona Pipe: Palm Bch to Dclmy 2 28FEB13 02MAR13 ,33W Truck 07E; Palm Beach 19 Delray D 28FEB73 28FEa13 '3310 Truck Landing Ptpe: Palm Beach to Delray 6 28FEB13 28FE813 3270 Remove 1760' SL to S -Basin 3 03MAR13 06MARI3 13290 TawTexas to Del Ray and Dig @ North HA 17 03MAR13 20MAR13 [3280 Tow 1760' SL10 Del Ray and Place @ South BA 1 CBMAR13. 07 13 '3351) DIg Southern BA @ Delray 17 20MAR13 06APRf3 104x7 Delray Substantial Required Completion 031MAR13 39MAR13 1090 Palm Beach Required Completion 0 O1APR13 1069 DEMOB Defray Beach Equipment 7 06APRI3 SaA FIR 13 Date Revision Checked I Approved Great Lakes Dredge $. Dpck Palm Beach & Delray Mob Q Early bar Progress bar Critical bar — Summary bar ® Progress point p Critical point O Summary point Q Start milestone point 0 Fnish milestone point 02FES13 MOB Schedule MFJ Cutter Suction Dredge Texas ill oil OVEMEN��r zi The dredge Texas, now one of the world's most powerful Specifications cutterhead dredges, has undergone extensive upgrading. Modifications included a new 4,000 -hp cutter motor, new Dimensions swing winches, new ladder extension, a widened and extended Hull hull, extended ladder frame, new cutter service platform, new Overall Length lever room, improved instrumentation and addition of an idler with Idler Barge barge whose walking spud has a 7.5 -m stroke. The idler barge is Draft also equipped with an on -board material booster. Applications • The Texas' heavy -duty construction and high freeboard make the dredge ideal for working offshore. • Heavy ladder construction, underwater pump, impressive cutter power and large inventory of specialty cutters enable the digging of blasted and unblasted rock. • Used offshore to mine material for land reclamation and beach nourishment projects, the Texas can pump and maintain high productivity even over long line lengths. Operating Parameters Dredging Depth Suction Diameter Discharge Diameter Ladder Weight equipment info from GLDD f- Imperial 305 x 66 x 15 ft 355 ft 594 ft IIft Machinery & Power Total Installed Power Main Pump (Two 3,600 -hp engines) Cutter Power 15 to 94-r ft 34 in 30 in 670 tons 24,695 hp 7,200 hp 4,000 hp © Great Lakes Dredge & Dock Company 2122 York Road, Oak Brook, Illinois 60523 # 630.574.3000 # www.gidd.com Committed to creating an incident - and injury -free (11F) working environment Metric 93 x20.1x4.6m 108.2 m 181,1 m 3.4 m 4.6 to 28.7 m 864 mm 762 mm 607,814 kg 18,413 kW 5,371 kW 2,984 kW Coastal Research ous Amphibious Buggy p o�M�� (CRAB) y{ equipment }nfo from GLDD Specifw wiom Builder Where Built Year Built Great Lakes Dredge & Dock Company Progress Machine New Orleans, Louisiana 2003 Dimensions Height Width Length Performance Ground Clearance Water Clearance Weight Travel Speed Tipping angle on land Imperial 33 ft 30 ft 29 ft 3.5 ft 24 ft 23,000 lbs 0 -6 mph 35 degrees Metric 10 m 9m 9 zn 1.0 m 7.3 m 10,450 kg 0 -9.5 kpm Power Data Main Engine Hydraulic Fuel Capacity Hydraulic Fluid Navigation 1 Survey Main Engine 3054 Caterpillar Infinitely Variable Hydrostatic, All Wheel Drive 55 gallons (208 liters) Mobile EAL224H Vegetable Based Trimble RTK -GPS 5700 SU Tilt, Honeywell HMR3000 © Great Lakes Dredge & Dock Company 2122 York Road, Oak Broom, Illinois 60523 # 630.574.3000 o www.gldd.com Committed to creating an incident- and injury -free (11F) working environment Coastal Research Amphibious Buggy (CRAB) Spec# cations Builder Great Lakes Dredge & Dock Company Progress Machine Where Built New Orleans, Louisiana Year Built 2003 Dimensions Imperial Metric Height 33 ft 10 in Width 30 ft 9 m Length 29 ft 9 m Performance Ground Clearance 3.5 ft 1.0 m Water Clearance 24 ft 7.3 m Weight 23,000 Is 10,4501% Travel Speed 0 -6 mph 0 -9.5 kpm Tipping angle on land 35 degrees Power Data Main Engine Hydraulic Fuel Capacity Hydraulic Fluid Navigation / Survey Main. Engine equipment info from GLDD 3054 Caterpillar Infinitely Variable Hydrostatic, All Wheel Drive 55 gallons (208 liters) Mobile EAL224H Vegetable Based Trimble RTK GPS 5700 SIT Tilt, Honeywell HMR3000 O Great Lakes Dredge & Dock Company 2122 York Road, Oak Brook, Illinois 60523 # 530.574.3000 # www.gldd.com Committed to creating an incident- and injury -free (11F) working environment 211 provide Our Resource Specialists will: everyday needs ai Really listen as you explain your situation r Provide an assessment of your problems and needs ,.r Help you find answers to your questions Provide you with options and any information you may need! By dialing 2 about and following t: more: • Basic Huma emergency s utility assiw • Physical & Mental Hi health services, drug/a] health counseling, Met vices, domestic violent Aft • Employment Support sistance, educational p: sistance, day care. • Support for Children Tutoring, advocacy, su Support for Older At home health care, Iran,, tunities. °e Coast assists people by .ion, infonnation., assess - munity services and by ,upport to the health and ystem. rvices Council, ""Ill" lies, United Way of Palm h Co. Bd. of Co. Com- Beach United Way F1 9 r TATIVE TODAY: r, Palm Beach /Treasure Coast t AM AW TM Get Con rected. GetAnswer s, When you don't know where to turn r_ ArM . k414 Free • 24 �� Confidenti Palm 9each/Treasure Coast Find Healthcare and more `�a �,� Get Connected. GetAns"rs. Dial 2-1-1 *4,4 Helpline QUA I TI*M IOUNDATiOK Free, Confidential, 2417 �4 � C i. Se Habla Espanol & Nou Pale KUeyole "We're here to listen, we're here to help!" HEALTHCARE MEDICAL EMERGENCY 911 MENTAL HEALTH CRISIS 2 I1 CLINIC/HEALTH CENTER Caridad Center Children's Medical Services, DOH Community Health. Center of West Palm Beach Florida Community Health Center FoundCare Health Center Genesis Community Health Palm Beach County Health Department Bette Glade Delray Beach Jupiter Lake Worth/Lantana Pahokee West Palm Beach COUNSELING Alpert Jewish Family & Children's. Service AMIGOS Drop -In Center Association for Community Counseling Catholic Charities, Diocese of PBC Center for Family Services of PBC Center for Group Counseling Depression and Bipolar Support Alliance Depressive /Manic -Deer Assoc of the PBC Multicultural Community Mental Health Center National Alliance on Mental Illness of PBC Jerome Golden Center for Behavioral Health Peer Place Drop -In Center (MHA) Ruth Rates Jewish Family Service CRISIS INTERVENTION (561) 737 -6336 (877) 822 -5203 (561) 840 -8681 (561) 924 -6100 (561) 432 -5849 (561) 735 -6553 (561) 840 -4500 (561) 996 -1600 (561) 274 -3100 (561) 746 -6751 (561) 547 -6800 (561) 924 -6229 (561) 514 -5300 (561) 684 -1991 (561) 582 -7424 (561) 638 -0908 (561) 254 -6558 (800) 404 -7960 (561) 483 -5300 (561) 427 -0840 (561) 495 -0522 (561) 653 -6292 (561) 588 -3477 (561) 383 -8000 (561) 712 -0584 (561) 852 -3333 Glades Crisis Stabilization Unit (Belle Glade) (561) 993 -8022 Mobile Crisis Team (Jerome Golden Center) (561) 383 -5777 Mobile Crisis Team (SCMHC) (561) 637 -2102 Palm Beach/Treasum Coast* GetConnected. 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DENTAL Caridad Center Community Health Center DOMESTIC ABUSE/RAPE CRISIS Aid to Victims of Domestic Abuse Florida Abuse Hotline Florida Resource Center for Women & Children Rape/Violent Crime Hotline Victim Services (Palm Beach County) Mary Rubloff YWCA Harmony House HEALTH INSURANCE Health Care District of Palm Beach County Medicaid Medicare Pre - Existing Condition Insurance Plan (PCIP) Vita Health Benefit Plan (VITA) HIV Anonymous HIV/AIDS Screening and Info Compass Comprehensive AIDS Program (WPB) Hibiscus Haven SUBSTANCE ABUSE AA Palm Beach County Intergroup Central Florida Treatment Center Comprehensive Alcoholism Rehab Programs Drug Abuse Foundation of Palm Beach County Drug Abuse Treatment Association (youth) Hanley Center (fee - based) (Mothers w /children) PANDA (Mothers w /children) Wayside House PBC CoDA Intergroup (888) 444 -2359 WPB Metro Treatment Center (561) 433 -5687 For more information on 211's free "Health Navigator" program dial 2 -1 -1 www. 211 p al mb e ach. org (561) 737 -6336 (561) 840 -8681 (800) 355 -8547 (800) 962 -2873 (561) 848 -8383 (561) 833 -7273 (561) 355 -7100 (800) 973 -9922 (866) 930 -0035 (866) 762 -2237 (800) 633 -2273 (866) 717 -5826 (866) 930 -0035 (561) 804 -7900 (561) 533 -9699 (561) 472 -2466 (561) 833 -6826 (561) 655 -5700 (561) 439 -8440 (561) 844 -6400 (561) 278 -0000 (561) 743 -1034 (866) 442 -6539 (561) 993 -8082 (561) 278 -0055 ❑ ;� ❑ ❑ .L 117 Palm Beach/TreasureCoast. 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CHILDCARE Family Central CLOTHING GENERAL COMMUNITY SERVICES (800) 683 -3327 Extended Hands Community Outreach (561) 315 -5463 Salvation Army Social Services (Boca Raton) (561) 391 -1344 Salvation Army Social Services (Lake Worth) (561) 968 -8189 Salvation Army Social Services (WPB) (561) 686 -3530 CREDIT COUNSELINGIMONEY MGT Consumer Credit Management Services (800) 568 -4545 CredAbility/Consumer Credit Cnslg. of PBC (800) 251 -2227 Family Financial Literacy (561) 3I5 -5463 Credit Card Management Services (800) 920 -2262 i x!;_ Jar Agency for Persons with Disabilities (561) 837 -5564 Coalition for Independent Living Options (800) 683 -7337 Deaf Service Center of Palm Beach County (561) 802 -3353 Disability Rights Florida (800) 342 -0823 Division of Blind Services (866) 225 -0794 EEOC - Disabilities & Accessibility Specialist (561) 355 -4931 Florida Relay Service 711 Lighthouse for the Blind of the Palm Beaches (561) 586 -5600 DIVORCE Legal Aid Society of PBC (Domestic Violence) (561) 655 -8944 National Single Parents Resource Center (561) 441 -8557 Unified Family Court (15th Judicial Circuit) (561) 355 -2431 Toby Center for Family Transitions (561) 509 -6112 EDUCATION Adult Education Center GIades Family Education Program (GED) Inlet Grove High School Lincoln College of Technology Literacy Coalition of PB County Hotline Palm Beach State College South Technical Academy EMPLOYMENT Community Action Family Self Sufficiency El Sol Jupiter Neighborhood Resource Center Workforce Alliance FINANCIAL ASSISTANCE Information and Referral to local providers (561) 616 -7800 (561) 992 -8068 (561) 881 -4600 (561) 842 -2433 (800) 273 -1030 (561) 868 -3350 (561) 369 -7004 (561) 355 -4792 (561) 745 -9860 (561) 340 -1060 211 FOOD ASSISTANCE Community Caring Center Society Food Stamps /SNAP (DCF) Palm Beach County Food Pantries/ Soup Kitchens Rise and Shine Food Co -op FORECLOSURE CONCERNS Florida's Hardest Hit Mortgage Assistance Foreclosure Mitigation Counseling/Urban League Homeowner's HOPE Hotline Know Our Options (Fannie Mae) GAMBLERS Florida Council on Compulsive Gambling iudtitUmfa Ativilylliutla GAY /LESBIAN Compass HOMELESS ASSISTANCE LEGAL SERVICES American Civil Liberties Union of Florida Early Probation Termination (eligible applicants only) Florida Rural Legal Services Legal Aid Society of PBC (Civil Court) Sealing and Expunction /Civil Rights Restoration PARENTING SHILLS (561) 364 -9501 (866) 762 -2237 211 (561) 881 -0593 211 (561) 833 -1461 (888) 995 -4673 (888) 995 -4673 (888) 236 -4848 gilt -1j bYl- +_,�11 (561) 533 -9699 211 (786) 363 -2700 (561) 355 -7500 (800) 284 -4588 (561) 655 -8944 (561) 355 -7500 Bridges (561) 740 -7017 Family Central (800) 683 -3327 Healthy Beginnings (888) 634 -7900 Youth Affairs Division (Palm Beach County) (561) 625 -2540 TRANSPORTATION Homeward Bound (one way relocation bus fair) MV Transportation (Non- Emergency Medical) Palm Tran CONNECTION Door -to -Door Palm Tran Bus Information Tri -Rail VETERAN'S SERVICES First Stop Veteran's Center Florida National Guard Family Assistance Center Jupiter Vet Center Palm Beach Vet Center Veterans Resource Center West Palm Beach VA Medical Center (561) 804 -4970 (866) 207 -7214 (877) 870 -9849 (877) 930 -4287 (800) 874 -7245 (561) 968 -1612 (305) 684 -1092 (561) 422 -1220 (561) 422 -1201 (561) 422 -8223 (561) 422 -8262 This is a partial listing of community information maintained by 211 Palm Beach/Treasure Coast. It represents the most frequently requested service information. For more detailed information, call 211 Palm Beach/Treasure Coast by dialing 2 -1 -1. Disclaimer: The infnmation contained herein is the most current available to Ill Palm Beuch/neasure Coast, as of the date of submission to the printer for publication on March 2012. Tnclusion in this information sheet does not imply endorsement nor does omission imply a lack of endorsement by 211 Palm 8euch/Treasare Coast MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast, Training and Development Manager THROUGH: Douglas E. Smith, Interim City Manager DATE: January 14, 2013 SUBJECT: AGENDA ITEM 7.A. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 RESOLUTION NO. 07-13 ITEM BEFORE COMMISSION Resolution honoring James H. Tabeek for 30 years of service. BACKGROUND In accordance with the City's service award policy, employees with 30 years of continuous full -time service are to be honored by the City Commission with a resolution and plaque. James Tabeek, Fire Captain, will achieve this milestone on February 17, 2013. RESOLUTION NO. 07 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING JAMES H. TABEEK FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, James H. Tabeek began his career with the Fire - Rescue Department on February 17, 1983 and on February 17, 2013, is retiring after 30 years of dedicated full -time service to the residents of Delray Beach, Highland Beach and Gulfstream; and WHEREAS, James Tabeek served willingly and faithfully with distinction and honor, attaining the rank of Driver Operator on November 11, 1989 and the rank of Lieutenant/Captain on May 9, 1992; and WHEREAS, Captain Tabeek served as a Trustee on the Police & Firefighter's Pension Board for over ten years; was instrumental in the formation of and served as Chairman of the Voluntary Employee Benefit Association; is a Past President of the International Association of Professional Firefighters, Local 1842 and current District Vice President for Local 2928, and has always been a strong advocate for fire- rescue and City of Delray Beach employees; and WHEREAS, Captain Tabeek received many awards and citations as well as numerous letters of commendation, and was named the 1989 Delray Beach Fire - Rescue Employee of the Year and the 1989 Delray Beach Kiwanis Club Firefighter of the Year; and WHEREAS, Captain Tabeek has served with passion and resolve as a Florida Municipal Fire Inspector, working within the Fire Safety Division of the Fire - Rescue Department for more than 20 years, seeking to ensure that Delray Beach, Highland Beach and Gulfstream are safe communities through hazard risk identification and reduction programs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby extends our heartfelt thanks and appreciation to Captain James H. Tabeek for thirty years of dedicated and faithful public service. Section 2. That the City Commission calls upon local fire departments, professional firefighters and paramedics in attendance, and all else present to acknowledge and applaud his outstanding and exemplary service to the City of Delray Beach, its residents and surrounding communities. PASSED AND ADOPTED in regular session on this the 5m day of February 2013. ATTEST: CITY CLERK MAYOR 2 Res No. 07 -13 PRESENTED TO James H. Tabeek As a token of our esteem and gratitude for your 30 years of outstanding contributions and distinguished service to The City of Delray Beach Fire - Rescue Department February 17, 1983 — February 17, 2013 3 Res No. 07 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: Lawanda Jackson, SPIRIT Chairperson DATE: January 28, 2013 SUBJECT: AGENDA ITEM 7.B. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 S.P.I.RLT. COMMITTEE QUARTERLY AWARDS PRESENTATION ITEM BEFORE COMMISSION The item before the City Commission is the recognition of two (2) quarterly winners chosen by the SPIRIT Committee for their service, performance, integrity, responsibility, innovation, and teamwork. BACKGROUND The City of Delray Beach implemented the SPIRIT Quarterly Award Program in April 2006. The main objective of the SPIRIT Program is to award the efforts of employees who provide outstanding quality service to our City. Winners for the first quarter are: Officer Brian Cambell, Police Department; Gina Gallina will present the award Delores Rangel, City Manager Department; Kimberly Wynn will present the award q �S IN THE PE4Q�� L :� lr�=,, i; • l + :�+Tiiiii Nominee Information: Name: BRIAN CAMBELL__ Department: POLICE— Phone #:561-243-6209, Nominator Information: Name: —GINA GALLINA Department: — POLICE Phone #561-243-7829 Signature: CL-TN-q Date: _11115112 The City of Delray Beach SPIRIT Award Program awards and recognizes employees for their exemplary actions in following the City's Core Beliefs by providing exceptional Service through Performance by acting with Integrity, being Responsible, taking Innovative action, and practicing Teamwork. Any City Employee may be nominated provided that he or she has demonstrated (a) an incident outside the normal scope of job responsibilities, (b) a history of exemplary City service through actions which display SPIRIT or, (c) an act or event which positively impacts the city, community, or general public. Please use the space provided below explaining the employee's exemplary service. Feel free to attach any supporting documentation i.e. photos, comment cards, etc. Nominations must be submitted to Human Resources no later than the 1St Friday of the months of October, January, April, and July. * ** SEE ATTACHMENT * * ** * ** SEE ATTACHMENT—**** While Det. Brian Cambell is currently assigned to the Crime Suppression Unit, his actions and tireless efforts over the past four months exceeded his job duties by going above and beyond for a noble cause. On 8/23/12, while reviewing an information flyer from the Palm Beach Sheriff Office about a subject who arrested and in the subject's possession was a Purple Heart medal. The medal had the name "Francis V. DePaoli" inscribed on the back of it. Det. Cambell recalled from watching a report on NBC Nightly News that there was an Army Reserve Captain, Capt. Zechariah Fike, who finds Purple Hearts and tries to locate the original recipient and return the medals to them. bet. Cambell searched the internet for Capt. Fike's contact information and located a Vermont newspaper article that interviewed Capt. Fike; Det. Cambell in turn contacted the newspaper requesting Capt. Fike contact information. While the newspaper would not provide him with the Captian's information, they contacted Capt. Fike on Det. Cambell's behalf. Within a day, Capt. Fike called Det. Cambell and after learning of the Purple Heart was able to provide Det. Cambell with the following information about the Purple Heart recipient and his family; Francis V. DePaoli, of New York, was a First Sergeant in the US. Army Air Corps, stationed in the Southwest Pacific Theatre: Philippine Islands during World War IL 1SGT DePaoli was a Prisoner of War and on 10/24/1944, while being transported by Japan's freighter ship the Arisan Maru, along with another 1,781 U.S. and Allied military and civilian POWs, the ship was hit by a torpedo strike from an American submarine. Only nine POWs survived. DePaoli died that day as a Prisoner of War and was posthumously awarded the Purple Heart. Det. Cambell was provided with DePaoli's next of kin information, which was a niece. Contact was made with the niece and her husband; however they did not believe Det. Cambell to be a police officer, therefore the family called the Florida Department of Law Enforcement to verify Det. Cambell's credentials. Once the family confirmed Det. Cambell credentials, they advised that they were not interested in the medal and inquired about other options; Det. Cambell suggested that the medal be donated to the National Museum of the Pacific War in Fredericksburg, Texas. The family was pleased with that idea, provided a statement granting permission for the donation, and requested that bet. Cambell make the arrangements for the medal to be delivered. Det. Cambell also obtained a statement from the original subject arrested who advised that he received the medal from an unknown male subject who bartered with him for the sale of a pair of dumbbells, that male told the arrestee he found the medal in a storage unit and believed it to be gold. The arrested subject provided a statement advising that he had no legal claim to the medal and also wanted to donate it to the museum. After securing all the necessary paperwork, Det. Cambell then took possession of the medal from the Palm Beach County Sheriff Office's evidence department. On 11/6/12, the medal was shipped via Federal Express to Capt. Fike to be displayed in the National Museum of the Pacific War, in an exhibit honoring the men lost on the Arisan Maru. Because of Det. Cambell's determination and desire to do the right thing, First Sergeant Francis DePaoli's Purple Heart that he honorably earned as a Prisoner of War will now have a permanent place within our Nation's history being displayed in a national museum instead of being forgotten about and eventually destroyed in a police department's evidence department. This case was not a Delray Beach Police Department's case, let alone assigned to Det. Cambell, however he spent four months, hours of research, and many phone calls later to honor a fallen solider, to which I have the privilege of nominating Brian Cambell for a SPIRIT Award. IN THE PEQp4� SPIRIT Award Nomination Form Nominee Information: EXHIBIT A a�ke �c w �r fi Name: Delores Rangel Departm ent: City Manager's Office _ Phone #: 243 -7010 Nominator Information: Name: Rosanne DeChicchio Department: Public Information Office Q Phone # 243 -7990 Signature: Date: December 10, 2012 The City of Delray Beach SPIRIT Award Program awards and recognizes employees for their exemplary actions in following the City's Core Beliefs by providing exceptional Service through Performance by acting with Integrity, being Responsible, taking Innovative action, and practicing Teamwork. Any City Employee may be nominated provided that he or she has demonstrated (a) an incident outside the normal scope of job responsibilities, (b) a history of exemplary City service through actions which display SPIRIT or, (c) an act or event which positively impacts the city, community, or general public. Please use the space provided below explaining the employee's exemplary service. Feel free to attach any supporting documentation i.e. photos, com ment cards, etc. Nominations must be submitted to Human Resources no later than the Vt Friday of the months of October, lahUGEY, Aril and July. It is my pleasure to submit this nomination recognizing Delores Rangel for her longstanding commitment to Project Holiday, In 2006, Project Holiday became a City sponsored event. As you know, Project Holiday is a fundraising effort that supports our deployed military, The City of Delray Beach, "You Are Not Alone ", the Church of the Palms Congregational and "One Soldier at a Time" support this worthy cause, which collects donated items that are packed and shipped to our soldiers during the holiday season. Without a doubt, the snacks, toiletries and cards are well received. But the real gift is the message that each package carries with it — letting our troops know that we care about them and appreciate all that they do to keep our country out of harm's way. Delores has been one of the key organizers of Project Holiday since it began. So much work is involved with this effort and all must be completed in a timely manner for the packages to arrive in time for the holidays. Some of the tasks include: coordinating collection sites with merchants and agencies throughout our City and Boca Raton, promoting the event, decorating drop off boxes, gathering SPIRIT Nomination Form; Page 2 of 2 Revised. July 7, 2008 donated items and sorting them for inventory and packing, maintaining records of monetary contributions, generating a mailing list of military recipients, organizing volunteers to help with packing boxes to be shipped, delivering boxes to the post office, etc. The work is done during evening hours and on weekends, all voluntary, This year, over 270 boxes filled with gifts and treats were mailed to our troops. It's caring people like Delores who take the time to remember our soldiers during the holidays and make the effort to bring a little bit of home to those who cannot be with loved ones during this special time of year. Please consider Delores Rangel as the SPIRIT Quarterly Award winner for her exceptional dedication to Project Holiday. And remember to support this worthy cause by making a donation next year. MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, Director of Planning and Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: February 1, 2013 SUBJECT: AGENDA ITEM 7.C. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 2013 BEACH RENOURISHMENT PROJECT ITEM BEFORE COMMISSION Matt Jock of Great Lakes Dredge & Dock Company will discuss the current status of the 2013 Beach Renourishment Project. MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: January 29, 2013 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 FINAL SUBDIVISION PLAT APPROVAL/ VILLAGE SOUARE AT DELRAY BEACH ITEM BEFORE COMMISSION The item before the City Commission is the certification of the final plat for a new residential development containing 252 units being platted as Village Square at Delray Beach. The subject property is located at the Southeast corner of SW 7th Street and Auburn Avenue. BACKGROUND The 17.49 acre property is a replat of Tract "B ", A Light Industrial Development for Franz /Delk/Kinnaird (Plat Book 63, Page 93) and a replat of a portion of Lot 19 and Lot 27, A Subdivision of Section 20, Township 46 South, Range 43 East (Plat Book, Page 4), being in Section 20, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. The northern portion of the property (north of SW 8th Street) was originally developed as Carver Estates and contained 17 multiple- family structures constructed in 1981. These buildings have since been demolished. The southern portion of the property is undeveloped. The property is zoned RM (Medium Density Residential) and has a Future Land Use Map (FLUM) designation of TRN (Transitional). At its meeting of August 2, 2011, the City Commission approved a Conditional Use request to allow an increase in density above 12 units per acre in the Carver Estates Overlay District (13.91 units per acre approved), in accordance with the provisions of the City's Family/Workforce Housing Ordinance (LDR Section 4.7). At its meeting of July 25, 2012, the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan and Architectural Elevations to construct a 252 unit residential development in three phases. Phase 1 contains 84 senior rental units; Phase 2 contains 144 rental units; and Phase 3 contains 10 single- family homes and 14 duplex units. One of the conditions of approval was that the property be platted. The plat is now before the City Commission for action. The replat of the subject property includes six (6) development tracts that will contain all the multiple- family residential buildings for the new project (Tracts "A -1 ", 44C -1 ", 44C -2 ", 44C -3 ", "C -4 ", and "C -5 "); one (1) tract for private streets (Tract "R -1 "); three (3) tracts for emergency response and parking "D- 1 ", "D -2 ", and "D-Y); three (3) recreation tracts (Tracts "B -1 ", "B -2" and `B -3 "); four (4) drainage tracts (Tracts L -1 ", "L -2 ", "L -3", and "L -4 "); ten (10) single - family lots (Lots 1 through 10); and fourteen (14) duplex lots (Lots 12A through 18B). A five foot sidewalk easement has been provided adjacent to Auburn Avenue. Water, sewer, drainage and other utilities will be provided through a series of easements located throughout the property. A mass transit easement for a required bus shelter has been provided adjacent to Auburn Avenue. A second bus shelter will be located within the right -of -way for SW 10th Street, so an easement is not required. Plat Analysis: City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. As shown in the attached Planning and Zoning Board staff report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. REVIEW BY OTHERS The Planning and Zoning Board reviewed the Plat at its meeting of September 24, 2012, and recommended approval by a vote of 7 to 0. Courtesy Notices: Courtesy notices were provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Auburn Trace • Delray Beach Heights • Carver Park To date, no letters of objection or support for the Plat have been received. Any future letters of support or objection will be presented at the City Commission meeting. RECOMMENDATION Move approval for the Village Square at Delray Beach Plat, by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3. 1.1 (Required Findings) of the Land Development Regulations. S W 3RD Sr. z S.W. 3RD CT. S.W. 3RD CT. z s.w. +n+ ST. � m a S.W. 4TH a AUBURN CIRCLE NORTH N U vi vi vi L0 S.W. 6TH ST. S.W. 6TH ST. CI) DR. I � W m m co Q �2 I— PJ�J AUBURN CIR. S. (n AUBURN 0_ W S.W. 7TH ST. TERR. SO. S.W. 7TH ST. w ¢ Z = > > > 2 3 3 3 N S.W. 7TH CT. 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III Q 'qdqzsd) I' SNOI103S NO SN31X3 SIHS13H HOV39 kVH130 IVId3H 6 M3019 b Nq an N3" Hin s iw - q F - -7- — - — - - - — - — - — - — ------ — - — - — - — - — — - — - — - — .09'6C9 M.3c.skoosl se ---------- --------- iN3LA3SV3 SS30 --------- ----------- --,LaIW3JXAMd- - - - - - - - - - =F - - - '-- - - - - Im 649 --3 .. M.nxblu] - — -- — -- — -- — - — 311N3AV H1£6 'M'S 4L 'E)d 9Z'3'd) SNO1133S NOISN31X3 SLH913H (9C L -LC � 83E'Vd'd9 NOOS ie d) NOV38 ).VH130 1V1d3H mHvd -lviH.LsnaNi SNIM j 9X9019 e Ag wK .......... III PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE: September 24, 2012 AGENDA ITEM: V. C. - -- STAFF REPORT - -- ITEM: Village Square at Delray Beach - A final subdivision plat associated with the construction of a 252 unit residential development in three phases. Phase 1 contains 84 senior rental units; Phase 2 contains 144 rental units; and Phase 3 contains 10 single - family homes and 14 duplex units. GENERAL DATA: Applicant ................... Agent................... Owner ....................... Location ...................... Property Size .............. Future Land Use Map... Current Zoning.......... Adjacent Zoning.... North East: South West: Existing Land Use.......... Proposed Land Use Water Service............ Sewer Service ............... Roundstone Development, LLC Steve Kaplan Roundstone Development Delray Beach Housing Authority Southeast corner of SW 7th Street and Auburn Avenue 17.49 acres TRN (Transitional) RM (Medium Density Residential) RM (Multiple Family Residential) OSR (Open Space Recreational) R -1 -A (Single Family Residential) LI (Light Industrial) Vacant Lot A 252 -unit residential development (84 units senior building, 144 residential rental units, 10 single family units and 14 duplex units). Water service is available via service lateral connections to two existing 8" water mains located south of SW 7th Street r -o -w and east of SW 13th Avenue. Sewer service is available via service lateral connection to an existing 8" sanitary sewer main located along SW 12th Avenue and to an existing 8" sanitary sewer main that traverses the site and is located on the north side of the SW 7th Street. ITEM BEFORE THE BOARD The item before the Board is that of approval of a preliminary plat and certification of a final plat for a 17.49 acre residential development containing 252 units to be platted as Village Square at Delray Beach. The property is located at the Southeast corner of SW 7th Street and Auburn Avenue. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND The 17.49 acre property is a replat of Tract "B ", A Light Industrial Development for Franz /Delk /Kinnaird (Plat Book 63, Page 93) and a replat of a portion of Lot 19 and Lot 27, A Subdivision of Section 20, Township 46 South, Range 43 East (Plat Book, Page 4), being in Section 20, Township 46 South, Range 43 east, City of Delray Beach, Palm Beach County, Florida. The northern portion of the property (north of SW 8th Street) was originally developed as Carver Estates and contained 17 multiple - family structures constructed in 1981. These buildings have since been demolished. The southern portion of the property is undeveloped. The property is zoned RM (Medium Density Residential) and has a Future Land Use Map (FLUM) designation of TRN (Transitional). At its meeting of August 2, 2011, the City Commission approved a Conditional Use request to allow an increase in density above 12 units per acre in the Carver Estates Overlay District (13.91 units per acre approved), in accordance with the provisions of the City's Family /Workforce Housing Ordinance (LDR Section 4.7). At its meeting of July 25, 2012, the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan and Architectural Elevations to construct a 252 unit residential development in three phases. Phase 1 contains 84 senior rental units; Phase 2 contains 144 rental units; and Phase 3 contains 10 single - family homes and 14 duplex units. One of the conditions of approval was that the property be platted. The plat is now before the Board for action. PLAT DESCRIPTION The property will be subdivided into 6 development tracts that will contain all the multiple - family residential buildings for the new project (Tracts "A -1 ", "C -1 ", "C -2 ", "C -3 ", "C -4 ", and "C -5 "); three tracts for private streets and parking lots (Tracts "R-1", "R -2 ", and "R -3 "); three recreation tracts (Tracts "B -1 ", "B -2" and "B -3 "); four drainage tracts (Tracts L -1 ", "L -2 ", "L -3 ", and '14'); ten single - family lots (Lots 1 through 10); and 14 duplex lots (Lots 12A through 18B). A five foot sidewalk easement has been provided adjacent to Auburn Avenue. Water, sewer, drainage and other utilities will be provided through a series of easements located throughout the property. A required bus shelter easement has been provided adjacent to Auburn Avenue and a second bus shelter will be located within the right -of -way for SW 10th Street. PLAT ANALYSIS Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff P &Z Board Staff Report, Meeting of September 24, 2012: Village Square at Delray Beach Plat Paqe 2 report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) - Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of TRN (Transitional) and is zoned RM (Medium Density Residential). The RM zoning district is consistent with the TRN Future Land Use Map designation. Pursuant to LDR Section 4.4.6(D)(10), multiple family residential developments may exceed 12 units per acre, up to a maximum of 24 units per acre, within the Carver Estate Overlay District, subject to the provisions of Section 4.4.6(1) and Article 4.7. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Section 3.1.1 (B) — Concurrency. Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B -2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and /or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water service is available via service lateral connections to two existing 8" water mains that traverse the site and are located on the south side of the SW 7th street right - of -way. In addition, water service is also available via service lateral connections to an existing 8" water main that traverses the site and is located on the east side of the SW 13th Avenue right -of -way. There are five (5) existing fire hydrants located on the site. An additional fire hydrant is to be located at the intersection of SW 13th Avenue and SW 10th Street. Sewer service is available via service lateral connection to an existing 8" sanitary sewer main within the SW 12th Avenue right -of -way. Sewer service is also available via a service lateral connection to an existing 8" sanitary sewer main that traverses the site and is located on the north side of the SW 7th Street right -of -way. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: The civil engineering plans indicate that drainage will be provided via sheet flow to catch basins (type "D' Inlet) and ex- filtration trenches for the single - family homes and duplex units located between SW 12th Avenue and SW 13th Avenue. Outfall of the drainage system will be tied to the City's storm water system. The drainage system for the multiple - family structures will contain various strategically located dry retention ponds which will drain water from the proposed six 3 -story buildings and the senior residents building located at the entrance of the development. Although there are no problems anticipated in retaining drainage on site and obtaining any /all necessary permits, a South Florida Water Management District (SFWMD) permit, permit modification or Letter of "No Notice" must be provided prior to scheduling the plat for City Commission action. Based upon the above, positive findings with respect to this level of service standard can be made. P &Z Board Staff Report, Meeting of September 24, 2012: Village Square at Delray Beach Plat Paqe 3 Streets and Traffic: A traffic study has been submitted that indicates that the proposed development will generate a net increase of 366 Average Daily Trips with 26 A.M. Peak Hour Trips (net increase) and 42 P.M. Peak Hour Trips (net increase). A letter from the Palm Beach County Traffic Division indicating that the proposed project meets concurrency with the Palm Beach County Traffic Performance Standards Ordinance has been provided, and thus, traffic concurrency requirements have been met. Parks and Recreation Facilities: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build -out to meet the adopted standards ". A park impact fee is collected to offset any impacts projects may have on City recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit for parks and recreation purposes. A total fee of $126,000 will be required of this development (252 units x $500 = $126,000). Solid Waste: The proposed 228 -unit multiple - family portion of the residential development will generate 118.56 tons of solid waste per year (228 units x 0.52 tons = 118.56 tons). The proposed 24 duplex and single - family units combined will generate 47.76 tons of solid waste per year (24 units x 1.99 tons = 47.76 tons), for combined a total of 166.32 tons of solid waste per year (47.76 +118.56= 166.32). The previously existing 200 -unit residential development generated 104 tons of solid waste per year (200 units x 0.52 tons = 104 tons). This project will represent an increase of 62.32 tons over the prior condition (166.32 tons — 104 tons = 62.32 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2047, thus a positive finding with respect to this level of service standard can be made. Schools: A finding of school concurrency has been received from the Palm Beach County School District. Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and /or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A ", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (D) - Compliance with the Land Development Regulations: • LDR Section 5.3.1(A) (Plat Required): A plat is required for the subdivision of any lot, tract or parcel of land. The property will be subdivided into 6 development tracts that will contain all the multiple - family residential buildings for the new project (Tracts "A -1 ", "C -1 ", "C -2 ", "C -3 ", "C -4 ", and "C -5 "); three tracts for private streets and parking lots (Tracts "R -1 ", "R -2 ", and "R -3"); three recreation tracts (Tracts "B -1 ", "B -2" and "B -3 "); four drainage tracts (Tracts L -1 ", "L -2 ", "L -3", and '14'); ten single - family lots (Lots 1 through 10); and 14 duplex lots (Lots 12A through 18B). A five foot sidewalk easement has been provided adjacent to Auburn Avenue. Water, sewer, drainage and other utilities will be provided through a series of easements located throughout the property. A required bus shelter easement has been provided adjacent to Auburn Avenue and a second bus shelter will be located within the right -of -way for SW 10th Street. P &Z Board Staff Report, Meeting of September 24, 2012: Village Square at Delray Beach Plat Paqe 4 • LDR Section 4.3.4(K) (Development Standards Matrix): The northern, multi - family portion of property meets the minimum lot size, width, depth, and frontage requirements for the RM (Medium Density Residential) zoning district. The proposed single family lots along SW 12th Avenue meet these requirements, with the exception of lot size; and the width of the two corner lots. The proposed duplex lots along SW 13th Avenue also meet these requirements, except for minimum lot depth. At its meeting of August 2, 2011, the City Commission approved and granted waivers to these LDR requirements. The Open space, building setbacks and building height were addressed with approval of the site plan for the project. • LDR Section 5.3.1 (Right -of -Way Dedication): Per LDR Section 5.3.1(A), streets, public or private, shall be shown on all subdivision plats as tracts dedicated for such purposes. Tracts "R -1" through "R -3" have been provided on the plat for private streets and parking. The Delray Beach Housing Authority dedicated fifty feet of right -of way for Auburn Avenue by special instrument prior to this replat. The right -of -way deed is recorded in Official Records Book 24994, Pages 1039 through 1045. No other right - of -way dedications for adjacent streets were required for this project. Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan was conducted with the Conditional Use and all applicable objectives or policies along with a discussion on how they were addressed is attached as Appendix "C ". TECHNICAL ITEMS Technical comments from the Planning & Zoning Department and Environmental Services Department are attached as Appendix "B ", and must be addressed prior to scheduling of the plat for City Commission. While there are remaining comments, they are minor in nature and will not impact the general plat diagram. REVIEW BY OTHERS The subject property is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Auburn Trace • Delray Beach Heights • Carver Park Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. P &Z Board Staff Report, Meeting of September 24, 2012: Village Square at Delray Beach Plat Paqe 5 ASSESSMENT AND CONCLUSION The proposal to plat the 252 unit residential development is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. The plat and engineering plans will require minor technical modifications, as listed in "Appendix "B" - Technical Items" section of this report, before it can advance to the City Commission. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the request of the Preliminary Plat and certification of the Final Plat for Village Square at Delray Beach, 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 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for Village Square at Delray Beach, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: 1. That all comments under the "Technical Items" section (Appendix "B ") of the report be addressed prior to scheduling the plat for City Commission action. Attachments: • Appendix A • Appendix B • Appendix C • Location Map • Reduced Plat P &Z Board Staff Report, Meeting of September 24, 2012: Village Square at Delray Beach Plat Paqe 6 APPENDIX - A STANDARDS FOR PLAT ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent X 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 Meets intent of standard X 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 Meets intent of standard X Does not meet intent P &Z Board Staff Report, Meeting of September 24, 2012: Village Square at Delray Beach Plat Paqe 7 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective 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. Not applicable Meets intent of standard X Does not meet intent P &Z Board Staff Report, Meeting of September 24, 2012: Village Square at Delray Beach Plat Paqe 8 APPENDIX - B TECHNICAL COMMENTS The following comments must be addressed prior to scheduling the plat for City Commission: Plat Comments: 1. Proposed drainage system still needs to be finalized so plat can be updated accordingly. Remove private drainage connections to City system at S.W. 12th Avenue, S.W. 8th Street and Auburn Avenue. City drainage system was not designed to accommodate drainage flows from this development. 2. Provide 2 -inch water service line and 12 -foot exclusive Water Easement to adjacent east property. Please coordinate exact location with Utilities Manager, Scott Solomon. 3. Provide Drainage Easement for private drainage in tracts that are not in the private street or private alley. 4. Tracts B1 and B2 are dedicated for recreational and drainage purposes, at some locations it's not clear what kind of recreation or drainage purposes, please clarify and /or revise. 5. Clearly indicate location of Tract B3, it could not be found. 6. Tract B's and L's have the same dedication language, what is the difference? 7. The "R" tracts are used to refer to right -of -ways, in this case, the private street and private alley. Revise dedication language to match City of Delray Beach Standard dedication language for private street (Tract "C" example). 8. Remove Tracts R1, R2 and R3 dedication language referring to general utility easement, this use will be covered with above revision. 9. Remove Water and Sewer Easements in private street and alley, dedication is addressed in City's dedication language for private streets. 10. Provide a different tract name for Tract R2 and R3, it cannot be used to describe ingress /egress on parking lots. 11. Indicate recorded information for FPL Easements or provide dedication language and documentation from FPL approving dedication language. 12. Update Surveyor's Notes to match City's, this can be found on sheet P -12 of the City's latest version of the Construction Standards and Specifications and on the City's webpage at http: / /www.mydelraybeach.com, go to Departments, Environmental Services, then Standards and Details 2011. 13. Prior to approval of plat, provide South Florida Water Management District (SFWMD) permit, permit modification or Letter of "No Notice" in accordance with LDR Section 2.4.6(J). P &Z Board Staff Report, Meeting of September 24, 2012: Village Square at Delray Beach Plat Paqe 9 14. A digital copy of plat to be recorded in AutoCAD dwg or dxf format will be required prior to issuance of a permit from the Building Department. 15. Provide per LDR Section 2.4.3 (F) (4), a Composite Utility Plan that shows the location of all existing and proposed utilities (water, sewer, drainage, gas, power, telephone and cable). The Composite Utility Plan needs to be signed by a representative of each utility provider attesting to the fact that services 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. 16. Provide a response letter with a detailed description of how each of these comments has been addressed with next submittal of revised plans. In addition, please ensure a complete set is provided for the City of Delray Beach Engineering Division. P &Z Board Staff Report, Meeting of September 24, 2012: Village Square at Delray Beach Plat Paqe 10 APPENDIX - C COMPREHENSIVE PLAN POLICIES Future Land Use Element Objective A -1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no significant environmental characteristics to the subject property. The proposed residential development will be complimentary to the existing development pattern in the neighborhood, particularly to the Village at Delray residential development located to the north. The additional residential units will add to the customer base for the existing commercial uses along West Atlantic Avenue and aid in the redevelopment of this corridor. The proposed development will enable the fulfillment of remaining land use needs by the provision of workforce housing, as discussed in greater detail with Future Land Use Element Policy C -1.7. Based upon the above, a positive finding can be made with respect to Future Land Use Element Objective A -1, that the redevelopment of the subject property will be complimentary to adjacent land uses and will fulfill remaining land use needs. Future Land Use Element Policy C -1.7: The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 101h Street on the south, Interstate -95 on the west, and Swinton Avenue on the east. Many of the parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub -areas based upon current and proposed land uses. The sub -areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan, and is more specifically included within sub -area #3 which is known as The Village Center. This sub -area extends from SW 3rd Street to SW 10th Street. The Agencies currently based within the Village Center corridor include the Village Academy, the Boys and Girls Club, Head Start, the Delray Beach Housing Authority, and other service providers. The Southwest Area Neighborhood Redevelopment Plan recommends that sub -area #3 (the Village Center) be redeveloped to create a seamless service network linking education, social, and recreation services and facilities to meet the needs of southwest area neighborhoods. The Southwest Area Redevelopment Plan also calls for the provision of a mix of incomes with a strong base of affordable housing units and a mixture of multi - family housing (apartments /townhomes). The proposed development will further these goals by replacing previously existing deteriorated housing which has been demolished with a 252 -unit residential development including senior P &Z Board Staff Report, Meeting of September 24, 2012: Village Square at Delray Beach Plat Paqe 11 housing, rental apartments, duplex and single - family homes. The proposal includes a mix of market rate housing and workforce housing units. Out of the 252 residential units, 228 are proposed as workforce housing rental units, including 144 rental apartments and 84 senior apartments, to be rented to tenants with an income below 60% of the Palm Beach County median income. The proposed development will introduce new housing units to the area and strengthen night time security providing more "eyes on the street" as a deterrent to criminal behavior which is a critical and basic concept of Crime Prevention Through Environmental Design (CPTED). This will improve the safety of the area as well as its long term stability. The Southwest Area Neighborhood Redevelopment Plan also recommends that redevelopment in sub -area #3 be implemented by building upon traditional models of town development and architecture to enhance neighborhood character and create a sense of place. The proposed development does provide a sense of place through its use of neo- traditional architectural design. The front porches provided for single - family units and duplex units will provide a contact, conversation, and gathering place for the residents. The proposed porches will also provide a sense of place for passive recreation and community living. Based upon the above, a positive finding can be made with respect to Future Land Use Element Policy C -1.7, that the proposed development will fulfill the goals and objectives of the Southwest Area Neighborhood Redevelopment Plan. Housing Objective A -11: To assist residents of the City in maintaining and enhancing their neighborhood, the City, through public input and notification, shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A -11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the proposed development will replace the severely deteriorated housing that was demolished in 2009, with a 252 -unit residential development including 84 senior housing workforce rental apartments, 144 regular work force rental apartments, 14 duplex market rate for sale residential units and 10 market rate for sale single - family homes. The provision of workforce housing within the proposed development will assure that affordable housing will be maintained within the neighborhood. Safety, habitability and stability of the neighborhood should be significantly improved by introducing additional homeowners into the area. MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Victor Majtenyi, Interim Director of Environmental Services THROUGH: Douglas E. Smith, Interim City Manager DATE: January 29, 2013 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 REQUEST FOR A SIDEWALK DEFERRAL/ 1041 SEASPRAY AVENUE ITEM BEFORE COMMISSION Deferral of sidewalk installation in front of 1041 Seaspray Avenue. BACKGROUND The subject property is located on the north side of Seaspray Ave, west of Andrews Avenue in the Seaspray Estates Subdivision. Refer to location map. The current project is a vacant lot in which the Owner will construct a single family residence. Currently, there are no plans to install a sidewalk along the north side of Seaspray Avenue in the vicinity of the subject residence. The deferral request was approved by DSMG at the January 24, 2013 meeting. RECOMMENDATION Staff recommends approval of the sidewalk deferral. Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 240 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this 29th day of November 2012, between the City of Delray Beach (hereinafter the City) and Karen Marshak (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along 1041 Seaspray Ave. until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(0) requires the installation of a sidewalk, within the 1041 Seaspray Ave. right -of- way /easement immediately abutting the subject property, by the O ,Amer 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. W I T N E S S E T H 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: 1041 Seaspray Ave. Delray Beach 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the 1.041 Seaspray Ave. right-of-way/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 rain Aith 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 I q day of &V-&MkA— , 20y� /�. ATTEST: City Clerk Approved as to form and sufficiency: City Attorney WITNESSES: se N Knt name) (Please type or print name) STATE OF rQ --" 5 CO -LINTY OF C00"'-- 2 CITY OF DELRAY BEACH, FLORIDA Mayor OWNER: By: " A -,-� -_ ren_Ma.rshak,Trustt (Please type or print name) n�. The foregoin instrument was acknowledged before me this day of 20 YLby IM A'K�) (name of person acknowledging). Signature of Notky Public - S ate of P"i& 1 A-) d >� t�ANL('J. - s �Y�L4 ft-0 Print, Type, or Stamp Commissioned Name of Notary Public Personally Known OR Produced Identification Type of Identification Produced: (14 0 i b I Q [1 -Q 15 C e q s? EM] CL C O V O J MEMORANDUM 'A Z TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Victor Majtenyi, Interim Director of Environmental Services THROUGH: Douglas E. Smith, Interim City Manager DATE: January 22, 2013 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT: CRA/ DELRAY BEACH GATEWAY FEATURE ITEM BEFORE COMMISSION This item is before the Commission for approval/authorization for Mayor to execute the First Amendment to the Interlocal Agreement between the City and Community Redevelopment Agency (CRA) to provide funding for the irrigation and landscaping maintenance associated with the streetscape beautification project known as the W. Atlantic Ave Gateway Feature. Project #2009 -041. BACKGROUND On 28 Sept 2011 the City and CRA entered into an Interlocal Agreement in which the CRA would provide funding for the maintenance of the irrigation and landscaping along Martin Luther King, Jr. Drive (between NE 1st Ave and NW 12th Ave) and SW 12th Ave (between W. Atlantic Ave and SW 3rd St.) for a period of five years. This proposed first amendment will add the W. Atlantic Ave Gateway Feature, which is expected to be completed next month, to the 28 Sept 2011 agreement. This amendment will also increase the CRA cost from $23,000 to $33,000. The CRA Board approved this agreement at their 10 Jan 2013 Board meeting. Attached is a copy of the first amendment to the agreement. RECOMMENDATION Staff recommends approval. FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FUNDING FOR THE IRRIGATION AND MAINTENANCE OF LANDSCAPING ASSOCIATED WITH CERTAIN STREETSCAPE BEAUTIFICATION PROJECTS THIS FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT FOR FUNDING OF THE IRRIGATION AND MAINTENANCE OF LANDSCAPING ASSOCIATED WITH CERTAIN STREETSCAPE BEAUTIFICATION PROJECTS ( "AMENDMENT ") is made this day of , 2013, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY'), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA "). WITNESSETH: WHEREAS, the CITY and the CRA entered into an Interlocal Agreement to Provide Funding for the Irrigation and Maintenance of the Landscaping Along NE /NW 2 "d Street and SW 12th Avenue on September 28, 2011 (the "Original Agreement "); and WHEREAS, The CRA and the CITY agree to amend the Original Agreement, to include Exhibit "A ", which lists the specific projects, the associated maintenance components the CRA will fund; and WHEREAS, in addition to the projects identified in the Original Agreement, the CITY and the CRA desire to have the CRA provide funding for the maintenance cost of the landscaping associated with the Delray Beach Gateway Feature Project depicted in Exhibit "B" to this Amendment, which is attached hereto and incorporated herein by reference; and WHEREAS, the CITY and the CRA desire to enter into this First Amendment to the Original Agreement, in order to increase CRA funding under the Original Agreement to cover the maintenance cost of the landscaping associated with the Delray Beach Gateway Feature Project depicted in Exhibit "B" to this Amendment; and WHEREAS, this First Amendment serves both a municipal and public purpose, and is consistent with the CRA's Redevelopment Plan. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA and the CITY agree to amend the Original Agreement, to include Exhibit "A ", which lists the specific projects, and the associated maintenance components the CRA will fund. 3. The CRA and the CITY agree to amend the Original Agreement, in order to provide for the CRA to fund the maintenance cost of the landscaping associated with the Delray Beach Gateway Feature Project depicted in Exhibit "B" to this Amendment. The total amount of funding to be provided by the CRA to the CITY under the Original Agreement as amended by this First Amendment shall not exceed Thirty Three Thousand and 00 /100 Dollars ($33,000.00). 4. All other terms and conditions of the Original Agreement not in conflict with this First Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney 2 CITY OF DELRAY BEACH, FLORIDA By: Tom Carney, Mayor ATTEST: Diane olonna, Executive Directo (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: - Howard Lewis, Chair The foregoing instrument was acknowledged before me this day of 19cta/ 2013, by V9 CL .r 6 L,c W l j as V (name of office or agent, title of officer or agent), of Qe irc� cZcCt (name of corporation acknowledging), a *f(s%-,ve a, (state or place of incorporation) corporation, on behalf of the corporation. Re he is pers_ o`y k���.-QL_�has produced (type of identification) as identification. Notary Mblic — State of "a H:1 GOV CLIENTSIDBCRA 655/060018 DBCRAIAGMT 2012\11-A Amend #1 - Streetscape Beautification Maintenance - Gateway - FY- 12- 13.docm NOTARY KMUC4TATE (W PWRWA .' „,.,,.4. Elizabeth Goldberg ' 'V`Commission #DD867552 Expires: APIs. 26, 2013 BONDED nMU ATLa=BONDING Co., INC. 0 I- i W y a0 6 W ao N O O I M If 4 r# O O O LL Q M M rn c � c c LU I rn > U z N U Q C W I Q z ' N �' O 0 uJ s >; � °o 0� ca 3 m cri M C a W Z Z �_' O �. (a 3 c O > 3 O Q. °' v; o ca O Q O F- Z V Q W p �' L CV O N m :L Z p C f-. Q 0 0 O._ N cl) L t 1 N p X ~2 N N 3 co >, c, W W LL c Z 0 U) � � 4- > c 0 3 ¢a mad UJ >- W -a Z fi N U a. D in jy m t `� rn Q Z C N 7 co M � CD �' 0 N I— Z ¢ p O C ++ 0 c +t-' a) N W V 0 3 m O N p I c o O C C co O- F-- qa N O CV N 0 0 M m (D < U— > I N N E L a � Q_,t Q - Z �, 70a Nm c �o �. U � N �' (() a) N N ca Q tcn 3ZZ.0 f6 � 0 � W 70 N QCL, — Q N (Q W Z N O) a) O O N O d w 5— N .N PL � i N N (n 0 c N Q p M a U> U N Q c 0 0 0 a0+ T 0 J- c L U) N ++ N �+ W (0 O F- F- N f6 (0 N `��Q z —C6.6E cq > E M Q La £ -a dLO Q� Cfy�00 y O rn LL kn EXHIBIT B I I F F o lF l Hii, ti: v\1 I m A i1 ii al - V MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: January 15, 2013 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 CONSENT TO ASSIGNMENT/ QTS TO STANTEC CONSULTING SERVICES, INC. ITEM BEFORE COMMISSION Consent to Assignment of the Agreement between the City of Delray Beach and Corzo Castella Carballo Thompson Salman, P.A. to Stantec Consulting Services, Inc. BACKGROUND The City entered into an Agreement for General Engineering Consulting Services with Corzol Castella Carballo Thompson Salman, P.A. on February 8, 2012. The agreement provides that prior to any assignment of this agreement each party must obtain the other party's written consent. Ramon Castella, Vice - President of Corzo Castella Carballo Thompson Salman, P.A. has requested in his letter dated November 30, 2012, that the City allow the assignment of the agreement to Stantec Consulting Services, Inc. Pursuant to Mr. Castella's letter, this assignment is needed because Stantec purchased all of the assets of Corzo Castella Carballo Thompson Salman, P.A.; however, there will be no change in the operation of business as it affects the City. RECOMMENDATION Staff recommends approval. CONSENT TO ASSIGNMENT The undersigned, the City of Delray Beach, a Florida municipal corporation, being a party under that certain general consulting services agreement dated February 8, 2012 and originally between the City of Delray Beach and Corzo Castella Carballo Thompson Salman, P.A. (aka 3CTS), does hereby give consent to the assignment of the agreement from Corzo Castella Carballo Thompson Salman, P.A. (C3TS) to Stantec Consulting Services, Inc. ( Stantec) which shall assume and agrees to all terms and conditions of the original Agreement. IN WITNESS WHEREOF, the undersigned has signed this instrument on this day of , ATTEST: By: City Clerk Approved as to legal form and Sufficiency: By: City Attorney WITNESSES: (or—to (Print Ldira IeDo (Print or Type Name) COUNTY OF 1 ,OIL -(jam City of Delray Beach, Florida Lo-fi Mayor Corzo Castella Carballo Thompson Salma P.A. B Print Name: The foregoing instrument wa acknowledged before me this 4-0' day of by 2gr»o� SQlGj as ICc=. - F�2 —3 QtliuT (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a Lo )2 (O state or place of incorporation) corporation, on behalf of the corporation. He/ a is personally known to me has produced (type of identificati as i en i i n. Signature of Notary Public URORA ELENA RODRIGU¢ 3 w ,r A + I: MY COMMISSION # EE 074455 EXPIRES: July 16, 20;_ ; -hp Bonded Thru Now Pubic Undenwheir: WITNESSES: (Print or Type Name) COUNTY OF M JOV I I {)406�— Stantec Consulting Services, Inc. By :-- Print Name: The foregoing_ instrument as acknowledged before me this AOday of ra , /.�, by _ J4- CS S a,v/��S , as %ri ' o Vic; ho/ (name of officer or agent, title of officer or agent), of 5 r-c iSu //-rr 4 :5ero4 G. (name of corporation acknowledging), a r--co state or Dlare o incorporation) corporation, on behalf of the corporation. He /She ' rsonally known to me o has produced (type of identifcatio as i en'1 is Signature of Notary Public AUROR SMAROMGUEZ _•. W COMMISSION A EE 0744:5 = EXPIRES: July 16, 2015 Bonded Thru NdM Mic uto wraerss a I$ November 30, 2012 City of Delray Beach 100 NW 1 st Avenue Delray Beach, Florida 33444 Engineers Attention: Hon. Nelson S. McDuffie, Mayor Architects Reference: Contract: Agreement Engineering Consulting Services Planners g g' g g C3TS Project No.: 00432 -001 Honorable Mayor McDuffie: Please be informed that on November 30, 2012, Stantec Consulting Services Inc. ( "Stantec ") purchased certain of the assets of Corzo Castella Carballo Thompson Salman, P.A. ( "C3TS ") with the result that the ongoing business and affairs of C3TS is now wholly owned by Stantec. Stantec will maintain the present office locations of C3TS with no interruption in operations or client services, and all future projects and operations will be under the Stantec name. Stantec provides professional consulting services in planning, engineering, architecture, interior design, landscape architecture, surveying, environmental sciences, project management, and project economics for infrastructure and facilities projects. We support public and private sector clients in a diverse range of markets at every stage, from the initial conceptualization EB0005022 and financial feasibility study to project completion and beyond. Our services are provided on projects AAC002142 around the world through approximately 12,000 employees operating out of more than 190 locations in North America and 4 locations internationally. Stantec's vision includes working with the best clients on the best projects and providing the best services. Accordingly, please be assured that the continuity of your current project will be unaffected by this new arrangement. The caliber of the personnel currently working on your project will not change and, except for the assignment requested herein, no other aspect will be affected. In this regard, we request your approval to assign all existing contracts in the name of C3TS to Stantec. Kindly indicate your consent to the request for assignment by returning a duplicate copy of this letter, executed on behalf of City of Delray Beach to Stantec Consulting Services, Inc.. Sincerely, Z ORZO CASTELLA CARBALL THO N SALMAN, P.A. 7! Ramon Castella, P.E. Vice - President The undersigned hereby consents to the assignment of the Contract noted above to Stantec Consulting Services Inc. effective 2012. City of Delray Beach J:1Prcjectsl0fficelC3T8- Santec Contract Assignment Letter\City of Delray Beach2.docx 901 Ponce de Leon Blvd., Suite 900, Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366 Web Site: www.c3ts.com Equal Opportunity Employer MEMORANDUM TO: Mayor and City Commissioners FROM: Rafael Ballestero, Deputy Director of Construction Victor Majtenyi, Interim Director of Environmental Services THROUGH: Douglas E. Smith, Interim City Manager DATE: January 17, 2013 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 SERVICE AUTHORIZATION NO. 12- 01.1 /MATHEWS CONSULTING. INC. ITEM BEFORE COMMISSION This item is before the Commission to approve Service Authorization No. 12 -01.1 to Mathews Consulting, Inc., in the amount of $47,987.00 for construction administration and specialty inspection services, for the Congress Ave. Force Main Replacement Project #12 -067. BACKGROUND On February 21, 2012, Commission approved Service Authorization No. 12 -01, in the amount of $106,291.00, for professional services for the design of a complete replacement force main along Congress Avenue, from the intersection of Lowson Blvd south to Germantown Road (which is in Palm Beach County right of Way), approximately 4,000 linear feet, utilizing directional drill methods. Services under this authorization include engineering design, surveying, geotechnical investigations, field verification of existing utilities, permitting, and bidding services required in preparing a bid package for the project. Service Authorization No. 12 -01.1 provides for construction administration support services and specialty inspection services during the construction of the new 10 -inch and 12 -inch force main; which will be installed by directional drill methods. FUNDING SOURCE Funding is available from account #442 - 5178 - 536 -68.89 (Water /Sewer Renewal & Replacement Fund/Improvements Other /Congress Ave FM Rplcmt); after budget transfer. RECOMMENDATION Staff recommends approval of Service Authorization No. 12 -01.1 to Mathews Consulting, Inc., in the amount of $47,987.00, for construction administration and specialty inspection services, for the Congress Ave. FM Replacement Project. $ 1 f 6 m_ x x w W y Q 2 a z xW L) w m a w (L w J W U WO a W LL LL W 0 > z °' �W U > a U) U) W z 0 U C/) (D 3Z W� = J H Q In i =W H w� mW 0 a0 m5 wU J o �Z �w OF N>b� s. P pEbQ- m :mi mo ,amaze- : -aM-ld i� 0 won'i: - noz', =.o -adw : -,\"o (, -i w) �va : o--A oom CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE SERVICE AUTHORIZATION NO. 12 -01.1 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT NO. PIN 12 -067 MATHEWS CONSULT. PROJECT NO. 1633A TITLE: Con ress Avenue Force Main Replacement — Additional Services This Amendment No. 1, when executed, shall be incorporated in and shall become an integral part of Consulting Service Authorization No. 12 -01. TITLE: Agreement for General Consulting _ Engineering Services 1. PROJECT DESCRIPTION This Amendment No. 1 provides for construction administration support services and specialty inspection services during the construction of the new 10 -inch and 12 -inch force main that will be installed along Congress Avenue and Germantown. Road. The segment of force main along Congress Avenue (which is a County road) will be installed by directional drill methods. H. SCOPE OF SERVICES Phase V — Construction Administration Phase Task 5.1 - Conformed Contract Documents Consultant shall prepare conformed Contract Documents (Drawings) for use by the Contractor and City during construction. Consultant shall provide City with five (5) sets of conformed construction drawings and one (1) CD in pdf format. Consultant shall provide Contractor three (3) sets of conformed construction drawings (full size) and three (3) sets half size. Task 5.2 - Preconstruction Conference Consultant shall attend a preconstruction conference with representatives of City, Contractors and major subcontractors for the construction contract. City shall prepare, in writing, minutes of conference. Amendment) 01!17/13 Task 5.3 — Shop Drawing Review Consultant shall receive, log, and review Shop Drawings and Product submittals for general conformance with the design intent and provisions of the Contract Documents. Review of up to 30 submittals (total, which includes submittals, and re- submittals, if required) is included in the budget. Consultant will review and return submittals to City and Contractor within 7 to 14 calendar days of receipt. Task 5.4 — Bi Monthly Meetings Consultant shall attend bi- monthly construction progress (8) meetings to be held at the City of Delray Beach Utility Services Department. The City shall provide a written summary of the issues discussed. Task 5.5 — Construction Clarifications Respond in writing to Contractor's Request for Information (RFI) regarding the design documents. Consultant shall issue interpretations and clarifications of the Contract Documents, along with associated support materials, as requested by the Contractor. These interpretations will be rendered and a response prepared and submitted to the Contractor within 7 calendar days. Task 5.6 -- Coordination with City of Delray Beach Consultant shall coordinate (Regulatory Issues, Contractor Issues, Field Changes, etc.) as required with the City of Delray Beach regarding construction of the project. Items include but not limited to: Explanation and/or clarification of plans and specs, review alternate procedures for compliance; assistance in coordination with outside regulatory agencies (construction standards, meetings, inspections, etc.); assistance with physical field conflicts (modifying proposed pipe location to avoid conflicts, maintaining required separations from other utilities, etc.). Task 5.7-- Coordination/Construction Certirications w /PBC and PBCHD Consultant shall certify to Palm Beach County (PBC) based on the visible project features, City & Consultant inspections and As -Built drawings, that the project in PBC rights -of -ways was constructed in accordance with the plans and specifications submitted in the permit application. This also includes coordination with PBC inspectors during the construction work. Consultant shall also certify to the Palm Beach County Health Department (PBCHD) that the force main was constructed in accordance with the plans and specifications submitted in the permit application. Task 5.8 — Specialiy Inspections Consultant shall provide specialty inspections of the project during key construction intervals, for the following (we have budgeted 150 hours for this task): Amendmentl 0 1/17/13 2 • Drawing C -1 & C -12: pressure test of Open -Cut Force Main. • Drawing C-2 thru C -11: Directional Drill installation & pressure test of directional drill piping. • Drawings C -1, C -2, C -5, C -11 & C -12: Connections to existing FM piping. • Roadway restoration along Congress Avenue. • Critical "Unknown" Utility Conflicts. • Air - release valves with odor control systems. Task 5.9 - Substantial and Final Inspections Consultant shall conduct a substantial and final inspection with the City's construction management staff to determine if the project has been completed in accordance with the contract documents and if the construction contractor has fulfilled his obligations thereunder. A punch -list will be prepared for each inspection (substantial & final)_ Task 5.10 - ReyiewAs- builts Consultant shall review Contractor as- builts on a monthly basis and provide our comments back to the City and Contractor in red -line format. 111. TIME OF PERFORMANCE The project is estimated to be completed within 120 calendar days from the time a written "Notice to Proceed" is provided to the Contractor. ASSUMPTIONS Work described herein is based upon the assumptions listed below. if conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. Services to be provided by the City and other related key assumptions include: 1. The construction duration is 120 calendar days. 2. Deviations from the Final Design Drawings will be compiled by the Contractor and electronically incorporated onto the drawings files. Four (4) sets of final signed and sealed RECORD drawings by a Florida Registered Surveyor (and the drawings in Autocad.dwg and .pdf formats) will then be submitted by the Contractor to the City. One set of RECORD drawings will be provided to Consultant for submittal to Pahn Beach County and Palm Beach County Health Department. 3. Specialty inspections are based on a maximum of 150 hours. 4. City personnel will provide daily inspections of the project. Amendmentl0l /17/13 COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Refer to Attachment A for budget summary. Engineering Services Estimated Fees Phase V — Construction Administration $45,987,00 Out -of- Pocket Expenses $ 2,000.00 (I) TOTAL PROJECT COST $47,987.00 Notes: (t Out -of- Pocket Expenses include the following: printing /reproduction and postage. Amendment 10 1/17/13 4 This Service Authorization Amendment No. 1 is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant shall commence work upon City Commission approval and this Service Authorization to be included as part of the contract without any further notice to proceed. Approved by: CITY OF DELRAY BEACH: MATHEWS CONSULTING, INC. Name Date: David Mathews, P.E., Vice President Mayor Title Witness Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _day of , 2013 by David Mathews, Vice President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He /She is (personally known to me) or (has produced identification), Florida Driver's License and (did/did not) take an oath. Signature of person taking acknowledgement Amendment101 f 17113 5 Z W U a a F° Z U, Q Z a d .4 0 V L y M v ti d U y N V m r m A d V E E d m U C Q1 c c D U L �N O U� o in rnmtim N wo rnu��z•cn rn .n i—J N N(OthMr 93. aO m N V3 CL vi fA (p (f1�NSV 4H (h O 64 C4 v LO v LO I y� fA 4A. EN 'CD m W M N CD 'V' Co 4Ci�(3 tG C In m � � O ep, U m z ❑ 0 z c � _ m co o � :u rl% ca C C C m co m N N M O '� ._ CO L71 U d) U C 64 � C i'7 (fl ifi Lo — (O [15 N N N p H? 69 U d cq M � •� r C O q�j Ui M w� U C� C O tf]MO(ONO(f7 r N ,�yNNO 01 OL�fJ Gmi p �p C Obi 0. w T% 4 4a ° N � 3 U � LQ U qS mU N co m m � 90 T l6 � O (L E o � mew yi1 C 3`m N i m U m c w m w Qj •C U U� C '� .2 U L.L O �W ... C Eor— .-1 ig o o CL C O •a Q U �' U C C G 0,0 C G N o'fn =000 U D C ll.I L 3 T.O Q m to V C G d p w o L o °D °D Q to U) ` o 0 0 .mac v a0a_ cnioUtJUcoU=), 0- NM -Z (C7 (D F�c607� — - w F- V 6 i6 Sri ui 6 ui ¢i ui i.ri J c13 crs m fY d d z m � L d U C Q1 c c D U L MEMORANDUM TO: Mayor and City Commissioners FROM: Danielle Connor, Fire Chief THROUGH: Douglas E. Smith, Interim City Manager DATE: January 24, 2013 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 INTERLOCAL AGREEMENT/ PALM BEACH COUNTY: ONBOARD MOBILE GATEWAY ITEM BEFORE COMMISSION This item is being presented to Commission to authorize staff to enter into an Interlocal Agreement with Palm Beach County for the reimbursement of Emergency Medical Services (EMS) grant equipment. BACKGROUND Delray Beach Fire- Rescue Department is requesting authorization to disburse funding . Disbursed funding will be reimbursed to the City through the 2012 -2013 EMS State Grant Funding. The oMG wireless networking platform will provide for the rapid transmission of 12 -lead EKG and real -time patient vital signs data to a receiving medical facility, Cardiac Catheterization Laboratory, and/or an attending physician's smart phone. The transmission of this data is an integral part of patient care during medical emergency incidents. Currently, DBFR EMS protocols require all "Cardiac Alert" and "Stroke Alert" patients to have an EKG performed in the prehospital setting, and to have the EKG transmitted electronically in advance of the patient's arrival at the hospital. Often times, the hospital's treatment options are predicated on the EKG results. All of the department's Zoll 12 -Lead EKG monitors have been retrofitted with the necessary technology to provide for electronic transmission. The addition of the oMG software, which integrates fully with the Zoll EKG monitors, permits network standardization for secure wireless connections between our Zoll monitors and the network platform for transmission of such critical patient data. This will provide for both enhanced security, as well as greater speed with data transmission. FUNDING SOURCE Funding of $64,076.70 will come from 001 - 2315 -526 -52.16 and 64.90 RECOMMENDATION Staff recommends approval of the Interlocal agreement for reimbursement of funds. I N C." August 17, 2012 Mr. Steve Anderson Division Chief Emergency Medical Services Delray Beach Fire- Rescue 541 W. Atlantic Avenue Delray Beach, FL 33444 Re: Sole Source for onBoard Mobile Gateway, onBoard Mobility Manager and onBoard Connection Manager Dear Mr. Anderson, This letter is to confirm that In Motion Technology Inc. is the sole supplier and supporter of the onBoard Mobile Gateway (oMG), the onBoard Mobility Manager (oMM) and the onBoard Connection Manager (oCM). The onBoard Mobile Gateway is a unique wireless communications gateway optimized to serve the rapidly evolving mobile networking needs of mission - critical organizations and enterprises to have access to up to 6 wireless radio networks. The oMG provides a patented mobile hotspot (US Patent# 7,382,771). The oMG currently supports commercial 4G LTE networks, and following certification with PSCR, will support 700M -tz Band Class 14 networks for public safety as well. For EMS and Fire, the oMG supports integration with market - leading 12 -lead defibrillators from ZOLL, Physic Control and Philips. The oMG is unique in being the only wireless communications platform that offers customers the ability to have vehicle wireless access connections at up to 99.99% up time based on implementation of redundant wireless network switching. It seamlessly combines wired and wireless (802.11) Ethernet -based local area networking with 'future proof' support for 3rd and 4th generation cellular as well as Wi- Fi1WiMAX -based wide area wireless data networking. The oMG is the only mobile communications platform that incorporates a number of advanced IP routing and security features compliant with RFC4555 mobile IKE, as well as optional redundant connection support, call management, industry standard local and wide area security, and web caching and content management techniques to minimize the amount of data transferred over the cellular data network. The onBoard Mobility Manager (oMM) allows organizations to monitor vehicle and communications data from the oMG in real time, such as vehicle diagnostics, location, speed, direction and traffic as well as communications coverage. The oMM provides the Information Technology staff with the ability to access the devices in the vehicles for troubleshooting problems, upgrading applications and managing assets. 350 - 625 Agnes Street, New Westminster, BC, V3M 5Y41 T: 604.523.23719 F: 604. 648.96291 www.inmotiontechnology_com mobile - optimized VPN server, providing secure IP mobility and sub - second switching in a multi - network environment. It supports the use of real -time applications like voice and video as vehicles roam between multiple wireless networks, and is the only VPN server solution specifically designed for vehicle -based router networks_ Please let me know if you require any further information_ We look forward to working with you. Sincerely, Dean Rockwell Chief Executive Officer In Motion Technology Inc_ I M O ■ ' 4® N IV iA 4 4 4 0 0 4 0 9 0 0 A m � N ui EO r o C o c O h C d; C� TO'O ~ss{ 6TiN C.1 O CJN� C U d a �� C m A t Q h N M O w S LL Z O> 00 00 00 000000 mN b F ,y Q UI O d4�II DO 000000 O Vi b O O i!i d O h d W O E N 1 (D �P� Oil Y3 i9 64 d3 cli O \ 33 L6 am -�- Em d �3 ® 5U1ZF �i 3 aB741�� usm � N ms IIi , �jm o�oo mm mm oom mm Va0 00 00 060000 �qqN N y— � c _ m K m CL C � ` � CL w m - o _ t °¢'O E c m a `Q 3 ZE orn C 4. iL s � O u �w b n� �o�trni °a E �>y9�S c Na 0 a2w e °Mc � d m �i m cmC �mm`0v o5� mnV m a rs mo bo U� E •.��� a >`��v moo° oa'in Q° 2 r m - °o b° d m `1 L° E .Z ai z Q o m 22 °e a° 'cam- Z `� .� p 3 U a o 0 4 a m c m 'v E m a Q y m c °ca 3m N70]'�U7 �] ¢' -'sc o o A - Q ° ci 4 e ❑�r, ❑rn � m in ZUNCQ o �_��x¢9- QQF-am �aa� c � 2_ w� � E� E ° s =a. j H o w _ e v "am5 o c taod c a a p E e °= c U 5 _ q duo Z zz 7�Q WK a3m�€ a Cr76 66 �iU -�iLL- a ! o c U E v c e Ai a Ai ?J N M M + E o N 0 0 p O O O E E E d aE pE pE pEp U U U �EZa.� E =�E , 3 U U U E 0 0 0 �= w F£ C7 oz zz oOZOUO E IV INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH FOR THE REIMBURSEMENT OF EMERGENCY MEDICAL SERVICES GRANT EQUIPMENT THIS INTERLOCAL AGREEMENT ( "Interlocal Agreement" or "Agreement" or "contract ") is made as of the day of , 2013, by and between the Board of County Commissioners, Palm Beach County, a political subdivision of the State of Florida (herein referred to as COUNTY), and the CITY OF DELRAY BEACH, a municipal corporation of the State of Florida (herein referred to as the CITY), each one constituting a public entity as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, The Department of Health, Bureau of Emergency Medical Services ( DOHEMS) is authorized by Chapter 401, Part 11, Florida Statutes, to dispense grant funds. Forty -five percent (45 %) of these funds are made available to the 67 Boards of County Commissioners (BCCs) throughout the State to improve and expand pre - hospital Emergency Medical Services (EMS) in their county; and WHEREAS, DOHEMS County grants are only awarded to Boards of County Commissioners (BCC), however, each BCC is encouraged to assess its countywide EMS needs and establish priorities before submitting a grant application; and WHEREAS, the COUNTY may reimburse and disburse the State trust funds to licensed emergency medical providers; and WHEREAS, the COUNTY agrees to reimburse the CITY from its FY2012 -2013 EMS State grant funds for the purchase of One (1) ONBOARD MOBILE GATEWAY WIRELESS NETWORKING PLATFORM ( "EQUIPMENT" or "EMS equipment ") and the CITY agrees to accept said reimbursement under the terms and conditions of the EMS State grant and this Agreement. Now, therefore, in consideration of the mutual promises contained herein, COUNTY and CITY agree as follows: Page 1 of 6 ARTICLE 1— RECITALS The above recitals are true, correct and incorporated herein. ARTICLE 2 - REPRESENTATIVE/MONITORING POSITION The COUNTY'S representative /Agreement monitor during the term of this Agreement shall be Sally Waite, whose telephone number is (561) 712 -6484. The CITY'S representative /contact monitor during the term of the Agreement shall be Chief Steve Anderson, whose telephone number is (561) 233 -7440. ARTICLE 3 - PAYMENT TO CITY The total amount to be paid by the COUNTY from its FY2012 -2013 EMS grant funds for the purchased EMS Equipment as reimbursement to the CITY under this Agreement shall not exceed a total amount of SEVENTY THOUSAND DOLLARS AND NO CENTS ($70,000.00). The CITY shall purchase the EQUIPMENT and submit the required documentation for reimbursement (referenced in Article - 4) to the COUNTY Representative at least ninety (90) days before the expiration of the FY2012 -2013 EMS State Grant. Approved documentation will be processed by the County Finance Department for payment to the CITY. ARTICLE 4 - GRANT PROGRAM REQUIREMENTS CITY SHALL: A. Comply with general requirements, and conditions of the State EMS County Grant Program. B. Submit to the COUNTY Representative on or before August 1, 2013, copies of paid receipts, invoices, or other documentation acceptable to the Palm Beach County Finance Department to establish that the purchase of the EQUIPMENT was incurred by the CITY. C. Immediately return the purchased EQUIPMENT to the COUNTY, should the CITY cease to operate its pre - hospital emergency medical services during the life of the equipment. D. Submit a training report to the COUNTY'S Division of Emergency Management to include a sign in sheet, date, title and contact number of the persons trained for the EQUIPMENT within 90 days of the effective date of this Agreement. This report shall include all of the necessary training provided for the EQUIPMENT and will be the responsibility of the CITY purchasing the EQUIPMENT to provide the training. CITY'S failure to satisfactorily complete the training in the timeframe provided shall Page 2 of 6 constitute a breach of contract. As such, COUNTY may terminate this Agreement and demand return of the EQUIPMENT. ARTICLE 5 — LIABILITY/INDEMNIFICATION Each party to this Agreement shall be liable for its own actions and negligence. To the extent permitted by law, and without waiving sovereign immunity beyond the limits set forth at See. 768.28, Florida Statutes, the CITY agrees to indemnify, defend and hold harmless the COUNTY against any actions, claims or damages arising out of the CITY'S use, care and maintenance of the EQUIPMENT. ARTICLE 6 — FILING A copy of this Interlocal Agreement will be filed with the Clerk of Circuit Court in and for Palm Beach County, ARTICLE 7 - AVAILABILITY OF FUNDS The COUNTY'S performance and obligation to pay under this Agreement is contingent upon annual appropriations from the FY201.2 -2013 EMS State grant funds. On -going costs for EMS, maintenance and replacement of the EQUIPMENT is the responsibility of the CITY and will not be funded under this grant program. Such costs remain the responsibility of the CITY. The COUNTY shall have no further obligation to the CITY, or any other person or entity. ARTICLE 8 — REMEDIES This Interlocal Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Interlocal Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. No provision of this Contract is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Contract, including but not limited to any citizen or employees of the COUNTY and /or the CITY. ARTICLE 9 — ARREARS The CITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any Interlocal Agreement, debt, obligation, judgment, lien, or any form of indebtedness. The CITY further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Interlocal Agreement. Page 3 of 6 ARTICLE 10 - ACCESS AND AUDITS The COUNTY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the CITY'S place of business. Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2 -421 - 2 -440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the CITY, its officers, agents, employees, and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2 -421 - 2 -440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. ARTICLE 11— NONDISCRIMINATION The CITY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression. ARTICLE 12- AUTHORITY TO PRACTICE The CITY hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct pre - hospital emergency medical services during the life of the equipment. Proof of such licenses and approvals shall be submitted to the COUNTY's representative upon request. ARTICLE 13 — SEVERABILITY If any term or provision of this Interlocal Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 14 — NOTICE All notices required in this Interlocal Agreement shall be sent by certified mail, return receipt requested, hand delivery or other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall be addressed to: Page 4 of 6 Sally Waite, EMS Manager 20 South Military Trail West Palm Beach, FL 33415 With copy to: Palm Beach County Attorney's Office 301 North Olive Ave. — 6th Floor West Palm Beach, Florida 33405 If sent to the CITY, notices shall be addressed to: Chief Steve Anderson 501 West Atlantic Avenue Delray Beach, FL 33444 ARTICLE 15 - ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the CITY agree that this Interlocal Agreement sets forth the entire Interlocal Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Interlocal Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 16 - EXPIRATION OF INTERLOCAL AGREEMENT This Interlocal Agreement shall automatically expire in five (5) years or upon the expiration of the life of the EQUIPMENT, whichever comes first, in accordance with the State EMS County Grant Program. At such time, the CITY may dispose of said EQUIPMENT as surplus property with no further municipal purpose. ARTICLE 17 - EFFECTIVE DATE This Interlocal Agreement shall become effective when signed by both the COUNTY and the CITY. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page 5 of 6 IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Interlocal Agreement on behalf of the COUNTY and CITY has hereunto set its hand the day and year above written. PALM BEACH COUNTY CITYOF DELRAY BEACH BOARD OF COUNTY COMMISSIONERS an Vincent J. Bonvento Director of Public Safety APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney APPROVED AS TO TERMS AND CONDITIONS LM Division Director By: City Representative APPROVED AS TO FORM AND LEGAL SUFFICIENCY By City Attorney APPROVED AS TO TERMS AND CONDITIONS By City Representative Page 6 of 6 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Douglas E. Smith, Interim City Manager DATE: January 30, 2013 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 HOUSING REHABILITATION GRANT/ CONTRACT AWARD ITEM BEFORE COMMISSION Approval is requested for one (1) Housing Rehabilitation grant to be awarded to the lowest responsive bidder in the amount of $28,821.92. Funding for the project is through the CDBG Housing Rehabilitation grant. BACKGROUND Approval is requested for one (1) Housing Rehabilitation grant(s) to be awarded to the lowest responsive bidder for the following project: . 1009 NW 3rd Terrace, Built Solid Construction, LLC /25,610.00 = Total Rehab Cost: $28,821.92 Grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. Total rehab cost also includes lead inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees. Additional cost may be incurred for lead clearance test(s). The contingency may be used for change orders and all unused funds will remain with the CDBG Housing Rehabilitation program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write -ups and individual case files are available for review in the Neighborhood Services Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsive bidder, as a result of a formal bid process. Therefore, an in -house policy was created to limit awards to the lowest responsive bidder as it relates to the Division's professional in -house estimate. This serves to disqualify unreasonably low bids and therefore, protect against the resulting change order requests. FUNDING SOURCE Community Development Block Grant 118- 1963 -554 -49.19 RECOMMENDATION Staff recommends awarding one (1) Housing Rehabilitation grant award to be awarded to the lowest responsive bidder in the amount of $28,821.92. M 0 CV I b'.: - C7 111 C7 C, P O C7 P C7 a 0 0 o v m m :D z L 0 62 T Z C] co p w m u LU a [] Q v z W o 0 GS.1 O Q r1 a7 b'.: - C7 0 C7 C, P O C7 P C7 0 0 0 o O o 0 0 0 o d o 0 0 0 0 0 o P ... CD 00000iri000000 L6 d' oD I— d ti O ti Cn I— N 00 00 m : a mrc O r Cp N •- N m m ;; uy 64 u') to 64 QS Vol 6y ER 64 64 69- d O O d 0 0 0 0 0 0 0 0 0 P ..0 S D g Q 4 Q P P P P P o o O LO 0 0 0 0 0 0 0 LO O LO O LL7 N P o O Co 0o O VD N Un ti O CO O � cc O L r LO I-- N m C6 64 en, iii C{i 64 EfT 64 64 C O -o N � [4 6 r In C O O © O CJ O O C7 CJ d O O O O -'= O O O O O O O O O O O O O d C3 d d d d O O O O d O O O O `. 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Q Lo P P C) LO (D cD N O o0 LO m V m LO co 0 ; 0 .- O co s-- h O h N N O N CP L[') N 64 64 £R 64 64 64 64 64 (19- 61} 64 V9i 613 El} L(] D O C7 O O O d d O ti O O O I- CD 0 0 0 0 O O O LO -. =:: O Ln d 8 r 0 c.0 O LO LO O O O N O LO I� r «] m CO O N r N O 4r N N LO LO Lo I- N O N N _ _ N m -:'� 64 64 Ef3 64 Ef3 64 (f3 Ef} 64 69 69 69 63 64 7 Id LL N V Q = N 3 � o U) `o a� °, � LL -°o_ a `o cn O C E 0� p O 6 CL -1 fd J w) o 0 _ �� 3p E °' Q '�; .w - .0 o `� o w c o i CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BIDIQUOTE #: BID # 02- 2013NS APPLICANT: PROJECT ADDRESS: DATE OF BID LETTERS: DATE OF BID OPENING: Roderick Parker 1009 NW 3rd Terrace December 21, 2012 January 11, 2013 GENERAL CONTRACTORS Abisset Corporation All Phase Roofing All -Site Construction, Inc. Built Solid Construction, LLC Citywide Construction Services, Inc. CJ Contracting, LLC Cordoba Construction Co. CSB Construction, Inc. Haywood Construction JIJ Construction Corp. MacDonald Construction Company of Palm Beach Ray Graeve & Sons Construction, Inc. South Florida Construction Services, Inc. Sunband Builders Construction Inc. In -House Estimate: RECOMMENDED CONTRACTOR: BID/CONTRACT AMOUNT: 5% Contingency Lead Inspection Lead Clearance Termite Inspection Termite Treatment Recording Fees GRANT CONTRACT AMOUNT BID AMOUNT BID BOND $ 26,565.00 $ 40,370.00 $ 25,610.00 $ 32,400.00 No Bid No Bid No Bid No Bid $ 32,085.00 $ 33,935.00 T _ $ 32,121,50 Built Solid Construction, LLC $ 25,610.00 1 I)an rn 4i cV,vov..ry $ 450.00 NIA NIA 1,462.32 19.10 28,821.92 FUNDING SOURCE: Community Development Block Grant (CDBG) Account # 118 -1963 -554 -49.19 COMMENTS: Recommend awarding to lowest responsive contractor. MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney /Police Legal Advisor THROUGH: City Attorney DATE: January 31, 2013 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 MUTUAL AID AGREEMENT/ PALM BEACH COUNTY: MULTI LAW ENFORCEMENT AGENCIES ITEM BEFORE COMMISSION This is a renewal of a Mutual Aid Agreement between the City of Delray Beach Police Department and subscribing law enforcement agencies in Palm Beach County under Florida Statute 23.1225 (The Florida Mutual Aid Act). BACKGROUND This Agreement will allow the subscribing law enforcement agencies to voluntarily cooperate and assist other law enforcement agencies in Palm Beach County on routine law enforcement matters across jurisdictional lines. The Agreement also allows subscribing law enforcement agencies to assist other subscribing agencies in Palm Beach County in a law enforcement emergency. RECOMMENDATION Approve. PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES COMBINED OPERATIONAL. ASSISTANCE AND VOLUNTARY COOPERATION MUTUAL AID AGREEMENT WITNESSETH WHEREAS, the subscribing Law Enforcement Agencies as listed in Attachment 1, which is incorporated by reference, are so located in relation to each other that It is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (t) Intensive situations, including, but not limited to, emergencies as defined finder Section 252.34, Florida Statutes, and (2) Continuing, multi - jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and, WHEREAS, the subscribing Law Enforcement Agencies have the authority under Section 23.1225, Florida Statutes, et. seq., The Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement service which: (1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines, and; (2) Provides for rendering of assistance in a law enforcement emergency as defined in Section 252.34. NOW, THEREFORE, THE AGENCIES AGREE AS FOLLOWS: SECTION I: PROVISIONS FOR OPERATIONAL, ASSISTANCE The subscribed Law Enforcement Agencies hereby approve and enter into this Agreement whereby each of the agencies so represented may request and render law enforcement assistance to the other to include, but not necessarily be limited to, dealing with civil disturbances, large protest demonstrations, aircraft disasters, fires, natural or man -made disasters, sporting events, concerts, public school graduations, parades, escapes from detention facilities, and incidents requiring utilization of specialized units. SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION Each of the subscribed Law Enforcement Agencies hereby approve and enter into this Agreement whereby each of the agencies may request and /or voluntarily render routine law enforcement assistance to the other, to include, but not necessarily be limited to, investigating homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, controlled substance violations, pursuant to Chapter 893, Florida Statutes, DUI violations, backup services during patrol activities, School Police Officers enforcing laws within 1000 feet of a school or School Board property, interagency task forces and /or joint investigations, and coverage for overtime details. SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE In the event that an agency that is a party to this Agreement is in need of assistance as set forth above, such agency shall notify the agency or agencies from whom such assistance is required. The Agency Head or his/her authorized designee whose assistance is sought shall evaluate the situation and his /her available resources and will respond in a manner he /she deems appropriate. The Agency Head in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in his /her jurisdiction, for how long such assistance is authorized and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. School District Police Officers are hereby authorized to enforce laws in an area within 1000 feet of a school or school board property and within 1000 feet of any school sponsored event including, but not necessarily limited to, public school graduations, proms, dances and project graduations. Should a sworn law enforcement officer(s) be in another subscribed agency's jurisdiction and violation of Florida Statutes occurs, which is a crime of violence, in the presence of said officer, he /she shall be empowered to exercise authority as a law enforcement officer as if the officer was in his /her own jurisdiction, Should enforcement action be taken, said officer shall notify the agency having normal jurisdiction and upon the latter's arrival, turn the situation over to them and offer any assistance requested including, but not limited to, a follow -up written report documenting the event and the actions taken. This provision so prescribed in this paragraph is not intended to grant general authority to conduct investigations, serve warrants and /or subpoenas or to respond without request to emergencies already being addressed by the agency of normal jurisdiction, but is intended to address critical, life- threatening or public safety situations, prevent bodily injury to citizens, and /or secure apprehension of violent criminals whom the law enforcement officer may encounter. In any jurisdiction where the Sheriff of Palm Beach County has primary law enforcement responsibilities, the following shall apply: When a sworn law enforcement officer of a subscribing law enforcement agency has established probable cause to arrest an individual(s) as a result of an investigation regarding any Forcible f=elony, as defined in Section 776.08, Florida Statutes, or any act of Domestic Violence as defined in Section 749.28, Florida Statutes, that occurred within the jurisdiction of the arresting officer, he/she is authorized to make this arrest in any jurisdiction where the Sheriff has primary law enforcement responsibilities upon exigent circumstances and provided said offense occurred within the previous twenty -four (24) hours. Prior to any officer making any such arrest pursuant to this paragraph, the officer shall notify the Palm Beach County Sheriff's Office Commanding Officer in charge of the district in which the action will be taken. This paragraph does not include the authority to make non - consensual or forcible entries into private dwellings, residences, living spaces or business spaces which are not open to the public, i.e., authority derived pursuant to this paragraph may be exercised only when in places open to the public or private places into which the arresting officer has entered with the consent of an occupant entitled to give consent. In all other jurisdictions within the Palm Beach County, the following shall apply: Sworn law enforcement officers of subscribing law enforcement agencies are hereby authorized to exercise the power to mare arrests in any subscribing agency's jurisdiction of persons identified as a result of investigations regarding any offense constituting a felony or any act of Domestic Violence as defined in Section 749.28, Florida Statutes, that occurred within the jurisdiction of the arresting officer. However, this paragraph does not include authority to make non - consensual or forcible entries into private dwellings, residences, living spaces or business spaces which are not open to the public, i.e., authority derived pursuant to this paragraph may be exercised only when in places open to the public or private places into which the arresting officer has entered with the consent of an occupant entitled to give consent. Prior to any officer taking enforcement action pursuant to this paragraph, the officer shall notify the Commanding Officer in charge of the jurisdiction in which the action will be taken, unless exigent circumstances prevent such prior notification, in which case notification shall be made as soon after the action as practicable. The Agency Head's declsion in these matters shall be final. SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY The personnel and equipment that are assigned by the assisting agency head shall be under the immediate command of a supervising officer designated by the assisting agency head. Such supervising officer shall be under the direct supervision and command of the agency head or his/her designee of the agency requesting assistance. CONFLICTS: Whenever a Law Enforcement Officer is rendering assistance pursuant to this Agreement, the Law Enforcement Officer shall abide by and be subject to the rules and regulations, personnel policies, general orders and standard operating procedures of his /her own employer. If any such rule, regulation, personnel policy, general order or standard operating procedure is contradicted, contravened or otherwise, in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, policy, general order or procedure shall control and shall supersede the direct order. HANDLING COMPLAINTS: Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this Agreement, the Agency Head or his/her designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: The identity of the complainant. 2. An address where the complaining agency can be contacted. 3. The specific allegation. 4. The identity of the employees accused without regard to agency affiliation. If it is determined that the accused is an employee of the assisting agency, the above information with all pertinent documentation gathered during the receipt and processing of the complaint shall be forwarded without delay to the Agency Head or his /her designee of the assisting agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and/or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. SECTION V: LIABILITY Each agency engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees to assume responsibility for the acts, omissions, or conduct of such agency's employees while engaged in rendering such aid pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS A. Employees of each participating Law Enforcement Agency, when actually engaging in mutual cooperation and assistance outside of their jurisdictional limits, but inside the State of Florida, under the terms of this Agreement, shall, pursuant to the provisions of Section 23.127(1), Florida Statutes, have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. B. Each agency agrees to furnish necessary personnel, equipment, resources and facilities and to render services to each other agency to the Agreement as set forth above; provided however, that no agency shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. C. Communication with personnel from outside agencies will be accomplished with a shared radio frequency. Should the agency furnishing aid not have the capability to communicate on a shared radio frequency, then the requesting agency will either provide radios to the personnel of the agency furnishing aid or pair personnel from the agency furnishing aid with personnel from agencies that have the capability to communicate on a shared radio frequency. D. A political subdivision that furnishes equipment pursuant to this part must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. E. The agency furnishing aid pursuant to this section shall compensate its employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of its employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such assistance. F. The privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death and other benefits that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits of the employee's agency apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee's duties extraterritorially under the provisions of this Mutual Aid Agreement. The provisions of this section shall apply with equal effect to paid, volunteer, auxiliary, and reserve employees. G. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. H. Nothing in this Agreement is intended or is to be construed as any transfer or contracting away of the powers or functions of one party hereto to the other. SECTION VII: EFFECTIVE DATE This Agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect until January 31, 2017. On or about September 30, 2016, a committee will be established by the Palm Beach County Association of Chiefs of Police, Inc., to review this Agreement and revise, if necessary. Under no circumstances may this Agreement be renewed, amended, or extended except in writing, 5 SECTION Vlll: CANCELLATION Any agency may cancel their participation in this Agreement upon delivery of written notice to the other agencies. Cancellation will be at the direction of any subscribing agency. IN WITNESS WHEREOF, the agencies hereto cause these presents to be signed on the date specified, 0 ATTEST: CITY OF ATLANTIS: Michael Dahlgron, Mayor (date) Robert G. Mangold, Chief of Police (date) Mo Thornton, City Manager (date) CITY OF BOCA RATON: (date) Susan Whelchel, Mayor (date) Daniel C. Alexander, Chief of Police (date) Leif Ahnell, City Manager (date) CITY OF BOYNTON BEACH: Woodrow Hay (date) Lori LaVerriere, City Manager (date) CITY OF DELRAY BEACH: Thomas Carney, Mayor (date) T);oug Sm_L -th, City Manage date) FLORIDA ATLANTIC UNIVERSITY: G. Matthew Immler, Chief of Police (date) (date) (date) 6 �2 X) l vi ooi') Anthony /W trianese, Chief of Police (date} (date) Mary Jane Saunders, President (date) Charles Lowe, Chief of Police (date) (date) (date) - 7 CITY OF GREENACRES: Samuel J. Ferrer!, Mayor (date) Michael L. Porath, Director of Public Safety (date) Wadie Atallah, City Manager (date) TOWN OF GULFSTREAM: Joan Orthwein, Mayor (date) William H. Thrasher, Town Manager (date) TOWN OF HIGHLAND BEACH: (date) Garrett J. Ward, Chief of Police (date) (date) Bernard Featherman, Mayor (date) Craig Hartmann, Chief of Police (date) Kathleen D. Weiser, Town Mgr (date) (date) TOWN OF HYPOL.UXO: Kenneth M. Schultz, Mayor (date) Sean M. Scheller (date) Barbara L. Searls, Town Clerk (date) TOWN OF JUNO BEACH: Mort Levine, Mayor (date) Brian J. Smith, Chief of Police Joseph F. LoBeilo, Town Manager (date) 8 (date) (date) (date) TOWN OF JUPITER: Karen Golonka, Mayor (date) Frank J. Kitzerow, Chief of Police (date) Andrew D. Lukasik, Town Manager (date) (date) TOWN OF JUPITER INLET COLONY: Daniel J. Comerford, Mayor (date) John A. Stewart, Chief of Police (date) Samuel J. Pruitt, 111, Town Administrator (date) (date) TOWN OF LAKE CLARKE SHORES: Gregory P. Freebold, Mayor (date) William W. Smith, III, Chief of Police (date) Dan P. Clark, Town Administrator (date) (date) TOWN OF LANTANA: David J. Stewart, Mayor (date) Sean M. Schelier, Chief of Police (date) Deborah Manzo, Town Manager (date) (date) TOWN OF MANALAPAN: Basil S. Diamond, Mayor (date) Carmen Mattox, Chief of Police (date) Linda A. Stumpf, Town Manager (date) 9 (date) VILLAGE OF NORTH PALM BEACH: David B. Norris, Mayor (date) Richard E. Jenkins, Chief of Police (date) Ed Green, Village Manager TOWN OF OCEAN RIDGE: Geoffrey Pugh, Mayor (date) (date) (date) Christopher T. Yannuzzi, Chief of Police (date) Ken Schenck, Town Manager (date) (date) TOWN OF PALM BEACH: Gail L. Coniglio, Mayor (date) Kirk W. Blouin, Chief of Police (date) Peter B. Elwell, Town Manager (date) David A. Rosow, President, Town Council (date) PALM BEACH COUNTY SHERIFF'S OFFICE: (date) Ric L. Bradshaw, Sheriff (date) (date) (date) PALM BEACH COUNTY SCHOOL DISTRICT: Frank A. Barbieri, Jr., Esq., Chairman (date) Lawrence J. Leon, Chief of School Police (date) E. Wayne Gent, Superintendent (date) (date) 10 CITY OF PALM BEACH GARDENS: David J. Levy, Mayor (date) Stephen J. Stepp, Chief of Police (date) Ronald Ferris, City Manager (date) (date) TOWN OF PALM BEACH SHORES: John Workman, Mayor (date) Steven Kniffin, Chief of Police (date) Cynthia Lindskoog, Town Manager (date) (date) VILLAGE OF PALM SPRINGS: Bev Smith, Mayor (date) Tom Ceccarelli, Director of Public Safety (date) Karl E. Umberger, Village Manager (date) (date) CITY OF RIVIERA BEACH: Thomas Masters, Mayor T (date) Clarence D. Williams, III, Chief of Police (date) Ruth C. Jones, City Manager (date) (date) TOWN OF SOUTH PALM BEACH: Dr. Donald Clayman, Mayor (date) Roger M. Crane, Chief of Police (date) Rex Taylor, Town Manager (date) (date) 11 STATE ATTORNEY FOR THE FIFTEENTH JUDICIAL CIRCUIT IN AN FOR PALM BEACH COUNTY: (date) (date) VILLAGE OF TEQUESTA: Tom Paterno, Mayor (date) Michael R. Couzzo, Jr., Village Manager (date) CITY OF WEST PALM BEACH: Jeri Muoio, Mayor (date) Edward R. Mitchell, City Administrator (date) Peter Antonaccl, State Attorney (date) Fifteenth Judicial Circuit In and For Palm Beach County, Florida Gerald F. Pitocchelli, Chief of Police (date) (date) (date) Vincent Demasi, Chief of Police (date) 12 (date) Attachment f Atlantis Police Department Boca Raton Police Department Boynton Beach Police Department Delray Beach Police Department Florida Atlantic University Greenacres Police Department Gulfstream Police Department Highland Reach Police Department Hypoluxo -- Town of Juno Beach Police Department Jupiter Police Department Jupiter Inlet Colony Police Department Lake Clarke Shores Police Department Lantana Police Department Manalapan Police Department North Palm Beach Police Department Ocean Ridge Police Department Palm Beach Police Department Palm Beach County Sheriffs Office Palm Beach County School District Police Department Palm Beach Gardens Police Department Palm Beach Shores Police Department Palm Springs Police Department Riviera Beach Police Department South Palm Beach Police Department State Attorney, Fifteenth Judicial Circuit for Palm Beach County Tequesta Police Department West Palm Beach Police Department 13 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: January 31, 2013 SUBJECT: AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 RESOLUTION NO. 11 -13 ITEM BEFORE COMMISSION Approval of Resolution 11 -13 regarding proposed charter amendment. BACKGROUND The Commission, at its January 15, 2013 meeting, adopted Ordinance 1 -13 on first reading amending the City 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. In order to place this charter amendment on the ballot for the March 2013 election, the Commission must approve this resolution calling for the special election. RECOMMENDATION Staff recommends approval of Resolution 11 -13. RESOLUTION NO. 11 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION ON A CHARTER CHANGE TO BE HELD ON MARCH 12, 2013, TO PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGE PRESENTED IN ORDINANCE NO. 01 -13; PROVIDING 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 A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 01 -13 amends the City Charter by providing 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; and, WHEREAS, the City of Delray Beach desires to call for a special election on the matter; and WHEREAS, the City Commission directs the City Clerk to take all steps necessary to hold a special election and to provide all notices required in accordance with Article V, "Elections" of the Charter of the City of Delray Beach and General Law; and WHEREAS, the City Commission of the City of Delray Beach directs that the special election on the Charter change proposed in Ordinance No. 01 -13 be held on March 12, 2013. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission incorporates the "Whereas" clauses set forth above as if fully set forth herein. Section 2. That the City Commission authorizes the holding of a special election on the Charter change presented in Ordinance No. 01 -13. Section 3. That the City Commission hereby sets the date of the election to be held on March 12, 2013. Section 4. That the City Commission hereby authorizes the City Clerk to provide all notices and to take all steps necessary to hold the referendum as hereby provided. Section 5. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2013. ATTEST: City Clerk MAYOR RES NO. 11 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: January 30, 2013 SUBJECT: AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 RESOLUTION NO. 06-13 ITEM BEFORE COMMISSION Resolution No. 06 -13 is before Commission to approve Resolution No. 06 -13; supporting the Palm Beach County Guardian Ad Litem Program. RECOMMENDATION Approve Resolution No. 06 -13. G .A L Guardian ad L_ tem A POWERFUL VOICE FOR FLORIDA's CHILDREN FLORIDA GUARDIAN AD LITEM PROGRAM A Guardian ad Litem (GAL) is appointed by the court to advocate for a child. Most of these children have been removed from their homes because of alleged abuse, abandonment or ne- glect. The GAL becomes familiar with the child and the child's case and makes recommendations to the court to help ensure a safe, caring, stable and permanent environment. The GAL Program has a volunteer base of more than 8,000 volunteers. CHILDREN WHO HAVE A GAL VOLUNTEER: • Do better in school • Are 50% less likely to return to foster care • Have fewer placement changes • Receive more services • Are more likely to be adopted, when ap- propriate • Spend less time in foster care $15, 774,382 GAL time and services + $2,779,082 GAL donated mileage * $2,000,000 Orange County Bar pro Bono services $209553,464 RETURN ON INVESTMENT rz , Eagle Award Winner 2012 Prudential Davis Productiviti, Awards Angels in Adoption Award Winner 2012 Congressional Coalition on Adoption Institute • p.j 0 • 1"I id ppp O u E \02 L O E O U- 4D E Q ru Q u a� m E ru C ° +°+ f0 E O A _ J N EE 3: uf0i CO M Q, In O 7 cu N CO ° a 0 0 r w i . ° ro M 4! 4` _ >< LL cu pp a� C7 N O r`R o o ° ''n^? u cu ® CL M 00 + r c m IL cu u E u ' .J -am a-+ 41 try Q t7 c = ri ° on f6 y ° ra 6, t1 C :' w a C y LL w O z LL w �W u� c J Cl6 1 C N - '3� U 0 D d 1 Q W F 0 a z I as a a CC � a 0 � a � a a o_ 4' O W o � w a W z u a a 0 O � o E > = a a LL N C7 Q0 3 a o v o a it rr�� oa0 00 V � Q a 0 ai in i u a Gi v L V Q. 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WHEREAS, the Guardian Ad Litem Program is a force of volunteers who advocate on behalf of children who have been abused, neglected, or abandoned by their caregivers; and WHEREAS, in 1984 Palm Beach County adopted the program and began with 15 volunteers. Although the volunteer base is 400 strong, there are greater than 1,300 children in care in Palm Beach County covering only about 70% of them; and WHEREAS, to illustrate the magnitude of the financial benefit the Guardian Ad Litem Programs brings to Florida, consider that the state's budget for the program is just over $25M, of which Palm Beach County accounts for 4 %. The services donated by Guardians across the state save Florida over $18M in salaries and mileage reimbursement costs. That is close to $1M for Palm Beach County alone. The Guardian Ad Litem Program is making an impact in children's lives and the return on investment the program brings to the county is unparalleled; and WHEREAS, Palm Beach County Guardian Ad Litem has dubbed its outreach initiative, My Resolution 2093 — I Am for the Child — Are You? This is a call -to- action for all residents of Palm Beach County to embrace child advocacy as their individual personal New Year's Resolution; and WHEREAS, the City of Delray Beach has a reputation of taking the lead in inclusion, being at the forefront of social awareness issues, and leading the charge as change agents throughout the county; and WHEREAS, the City's vision contains a cultural diversity component and their five year goals include community unity. These facts are not lost on the leadership of the Guardian Ad Litem Program and, in fact, are extremely important as the intent is to not only increase the number of volunteers but to also diversify the volunteer -base so that it more appropriately reflects the demographics served; and WHEREAS, the Guardian Ad Litem program urges the residents' of the City of Delray Beach to stand and ensure that children thrive — not just survive — and are able to live up to their full potential. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City of Delray Beach supports the Palm Beach County Guardian Ad Litem program. Section 2. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED in regular session on the 5 h day of February, 2013. ATTEST: CITY CLERK MAYOR Res No. 06 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: January 30, 2013 SUBJECT: AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 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 January 14, 2013 through February 1, 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 Planning and Zoning Board Meeting of January 29, 2013 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: A. Recommended approval with conditions (7 to 0), of a final subdivision plat for East Indies, a proposed 4 -unit townhouse development, located on the west side of Venetian Drive, south of Ingraham Avenue. B. Recommended denial (5 to 2, Jan Hansen and Thuy Shutt voted to approve), of a conditional use request associated with partial demolition and expansion of the existing 1,146 sq. ft. seven (7) room motel including removal of three (3) existing rooms totaling 718 sq. ft. and construction of a 2,930 sq. ft. building addition to accommodate an additional nine (9) rooms (total of 13 rooms), a new 138 sq. ft. manager's office, ten (10) new on -site parking spaces and associated landscaping and alleyway improvements for Beachway Motel located at 655 George Bush Boulevard. C. Recommended approval with conditions (5 to 1, Derline Pierre -Louis dissenting and Clifford Durden left early), of a conditional use request to allow Tim Finnegan's Irish Pub and Restaurant to extend its operating hours from 12:00 a.m. to 2:00 a.m. seven days per week, the business occupies an existing tenant bay within the Dumar Plaza, located at 2885 South Federal Highway. D. Recommended approval (6 to 0), of a privately- initiated amendment to the Land Development Regulations Section 4.3.4(1)(4), "Increases to Height Regulations ", Subsection (b), "Allowances ", to allow an increase in building height to be considered for the Delray Medical Center, located on the south side of Linton Boulevard, west of Military Trail. Site Plan Review and Appearance Board Meeting of January 23, 2013 Approved (5 to 0, Rustem Kupi and Scott Porten absent), an amendment to the existing blanket sign program for Astor Condominium, located at the northeast corner of Pineapple Grove Way and NE 1st Street (225 & 235 NE 1st Street). 2. Postponed (5 to 0), a request for a change in the exterior paint colors for 3rd & 3rd, an existing restaurant, located at the northeast corner of NE 3rd Avenue and NE 3rd Street (301 NE 3rd Avenue). 3. Approved with conditions (5 to 0) a Class I site plan modification associated with elevation and color changes for Ulta Beauty within the Plaza at Delray, located at the northwest corner of South Federal Highway and Linton Boulevard (1400 South Federal Highway). Historic Preservation Board Meeting of January 16, 2013 4. Approved with conditions (5 to 1, Reginald Cox dissenting and Iris McDonald absent), a request for a Certificate of Appropriateness associated with the construction of a single family residence on a vacant property located at 11 NE 7th Street, within the Del -Ida Park Historic District. 5. Approved (5 to 1, Ronald Brito dissenting), a Certificate of Appropriateness associated with the removal and reconstruction of a portion of an existing structure, located at 610 North Ocean Boulevard (Fontaine Fox House), an individually designated site. The Board also approved (6 to 0) a variance request to LDR Section 4.3.4(K),to reduce the side interior setback (north side) for the proposed addition to 1', whereas 12' is required. Other Items The Board recommended approval (6 to 0), of the request to amend Ordinance 43 -1 l,pertaining to the historic designation of the Fontaine Fox House to revise the legal description of the designated boundary and amends LDR Section 4.5.1(1)(13), Local Register of Historic Places, to provide for a name change to "Historic Fontaine Fox House Properties ". Also, the Board recommended approval of the proposed Ocean Apple Estates, Plat III, which subdivides the existing Lot 2 of the Ocean Apple Estates Plat, into two conforming lots. RECOMMENDATION Bym othn, Yai7e and fib the YWort. A tbchm eat Location M ap • CITY COMMISSION MEETING - _ _ _ CITYLIMITS . _ _ _ N APPEALABLE ITEMS ONE MILE LOCATION MAP PLANNING AND ZONING GRAPHIC SCALE DEPARTMENT FEBRUARY 5, 2013 SPRAB: �w HPB: 1. ASTOR CONDOMINIUMS 4. 11 NE 7TH STREET 2. 3RD & 3RD 5. 610 NORTH OCEAN BOULEVARD 3. ULTA BEAUTY -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \CC— DDC \2 -5 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: February 4, 2013 SUBJECT: AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 REIMBURSEMENT OF CITY MANAGER TRAVEL EXPENSES (ADDENDUM) ITEM BEFORE COMMISSION The item before the Commission is consideration of providing reimbursement of travel expenses for new City Manager Louie Chapman, Jr. BACKGROUND Mr. Chapman plans to make three trips to Delray Beach prior to his starting date at the beginning of April. Mr. Chapman is estimating travel expenses of $1,200 per trip. Commission is requested to consider approval to reimburse Mr. Chapman up to $3,600 in travel expenses for trips to Delray Beach prior to April 1, 2013. FUNDING SOURCE Funding is available in the City Manager's Office budget (001- 1211 -512- 40.20) following budget transfer. RECOMMENDATION Staff recommends approval for reimbursement of new City Manager Louie Chapman Jr.'s travel expenses in an amount not to exceed $3,600 for trips to Delray Beach prior to April 1, 2013. MEMORANDUM TO: Mayor and City Commissioners FROM: Harold Bellinger, Street /Traffic Superintendent Victor Majtenyi, Interim Director of Environmental Services THROUGH: Douglas E. Smith, Interim City Manager DATE: January 11, 2013 SUBJECT: AGENDA ITEM 8.M.1 - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 BID AWARD / ALPHA SCAPE LAWN & LANDSCAPING ITEM BEFORE COMMISSION This item is before Commission to approve bid award to Alpha Scape Lawn & Landscaping for landscape maintenance of Stormwater Retention Areas and the Improved Water Retention Areas for the estimated grand total of $25,198.00 annually. BACKGROUND Bid # 2013 -27 was opened January 8,2013 from seven (7) contractors all in accordance with City purchasing policies and procedures. A tabulation of bids is attached for your review. This documentation on file in the Finance Department, Purchasing Division. FUNDING SOURCE Funding from account code 448 - 5416 - 538.34 -90, " Stormwater Utility Fund/Other Contractual services." RECOMMENDATION Department recommends award to low bidder, Alpha Scape Lawn and Landscaping for the landscape maintenance of the Stormwater Retention Areas and "Improved Water Retention Areas" for estimated annual grand total of $25,198.00. m N M CD J N w LL D 0 Om F- L) A H Z O U J Q M Z z Q O O pN1 V O N 00 0 R 7 C R CL O N (6 d y A N O O R O O O O O R �E N O p z> m to N to N to N w m "a o ci a o a r r r r FA FA FA FA f!4 FH y3 H3 I 3 O O O O O O O O O O O O pp R M N O O rn N O c O O N N O N O N O R N N a\ a\ N d no �O �O N 00 r N M FA FA FA FA FA N z }} O z M N r oo z5 t, m � Ln FA FA FA FA f!4 FH FA FH FA f!4 f!4 O O O O O O O O O O O r r r O O O O r O av`o O O O O O ' O O O O O O 0 o0 o0 0 0 oo co �n O v, O O 0 R 0 0 0 O 0 0 00 0 N to to 'o rn to to to rn O co w w w o r r r N N R m FA FA FA FA fJ4 FH FA FH FA fJ4 fJ4 O O O O O o) L O O O O O O O O O O O W W O W O o N N M r r p v In U O N M r \O N Vl 00 y3 H3 y} O N c, O y }} ri M O in in in O H O W FA FA FA FA f!4 FH �j FA �j f!4 f!4 O O ,--i N N O O O O O N O O O �_ O �_ O co pp L G 0 0 O\ W M r N O O O O O tc 0 0 0 0 O N O O o to to Vl N N \O 0 \�O \O rl O\ N > N > N O o Z Z N > N > o cq M FA FA FA FA fJ4 FH FA FH FA f/4 fJ4 O O O O O G L O O O O O 'o O O N o0 O O °y co R3 00 O O 00 �n O O 0 M 0 0 O N o 00 o 00 N �j N j o o N j to to -o o o co to to to o p N N N N Op N U to ;R a R O O O O O O O O O O O O O O O O O W R .p R o0 "o O_ O IC O -7t �� N 00 O W W O 00 O 00 N N N o N N N a r M N Vl 00 \O Vl Vl \O M H r r V Co p o Z r r r a �iS N c i cn cn cn M W� N M FA FA FA FA fJ4 FH FA FH FA fJ4 fJ4 FH FA FA FA FA FA O W O z/1 C) z o, C) u °r5���� �� L w� 11 LU W N CL Z Z Q ,. O i%j O O Z N m N z O a O H r r z w O° C z A z a as � o w Luu_ }> o.� o. A W A � z v p, O c� O O, v O QDwC)U)LU O M U a y U man U -- r n w J�� a OJ ZZ o -- Q U z U)� o �< < a� J 0 m w'z w m 0 � Q M M M E A W W iZ. o o. o o. ''= Q' a Q C) C) LU � '= u u U Z Q D In m d C) w C) J Z E LLLLLL ��a C Q w LL LL M V1 J J O O 0 U) Ja� Q H N (6 d MEMORANDUM TO: Mayor and City Commissioners FROM: Jim Schmitz, Deputy Director Public Works Victor Majtenyi, Interim Director of Environmental Services THROUGH: Douglas E. Smith, Interim City Manager DATE: December 17, 2012 SUBJECT: AGENDA ITEM 8.M.2 - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 BID AWARD / WEEKLEY ASPHALT AND PAVING, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve /authorize the Mayor to execute agreement with Weekley Asphalt and Paving, Inc. in the amount of $39,369.25 for the rehabilitation of CSX Transportation, Inc. (CSXT) railroad crossing located at SW 10th Street. Project No. 2008 -047. BACKGROUND Several years ago Florida Department of Transportation (FDOT) added a second track to the CSXT line that crosses SW 10th Street. This second track was added without any work to improve the ride of the original track crossing. The City has requested that CSXT rebuild the original railroad crossing to create a smoother vehicular crossing. Under the current tri -party agreement between the City, FDOT and CSXT the city is responsible for any road work associated with rebuilding the CSXT tracks. Staff received four quotes for the rebuilding of SW 10th Street. Quotes received were as follows: QUOTATION COMPILATION CSX RAILROAD CROSSING REHABILITATION SW 10TH STREET PROJECT # 2008 -047 Vendor Quote Weekley Asphalt and Paving, Inc. $39,369.25 Rosso Paving and Drainage, Inc. $59,215.00 Hardrives, Inc. $67,410.00 J.W. Cheatham, LLC $72,065.00 FUNDING SOURCE Funding is available from 334 - 3162 -541- 46.90. RECOMMENDATION Staff recommends approval. STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of , 2012, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and WEEKLEY ASPHALT PAVING, INC. hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT (S) PAGE NUMBER Standard Form of Agreement 1 -5 Corporate Acknowledgement 6 Certificate if Corporation 7 Drug Free Work Place Certification 8 -9 Scope of Work /Pricing 10 Exhibit "A" — Agt between the City and CSX Addenda numbers NA to , inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence upon execution of this agreement by both parties. CONTRACTOR shall have 45 days to complete the project. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. $. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: Weekley Asphalt Paving, Inc. 20701 Stirling Road Pembroke Pines, FL 33332 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by -laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. 12, The CITY has entered into an Agreement with State of Florida Department of Transportation and CSX Transportation, Inc., regarding the railroad crossing located at SW 10th Street. CONTRACTOR shall be bound by all of the terms and conditions of that Agreement and agrees to comply with all of the terms and conditions of that Agreement and specifically the insurance requirements. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. I►.r994 *9 City Clerk Approved as to form: City Attorney WITNESS: (Print or type name and title) CITY OF DELRAY BEACH, FLORIDA By: CONTRACTOR: BY: , Mayor (Print or type name and title) (SEAL) CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by or agent, title of officer or agent), of place of incorporation) corporation, on behalf of the corporation. (name of officer (state or He /She is (personally known to me) (or has produced identification) and has used his/her (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors of _ , a corporation under the laws of the State of held on 20_, the following resolution was duly passed and adopted: "RESOLVED ", that , as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation ". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20_ (Secretary) (Seal) DRUG FREE WORKPLACE CERTIFICATION If identical tie bids exist, preference will be given to the vendors who submits a certification with their bid /proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. The drug -free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug -free workplace programs, Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition, 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug -free workplace through implementation of this section. Contractor's Name Signature '--OWNER jOB LOC ATTN; i rE- ivlRlLi,'; :PNONti ' ;17EfI NOTES 'ti Sfd to'I •''2, Afl [ten 3. All wo A, :Asphal .7. AlterRa QUet�d by Page 1 of 9 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RAILROAD REIMBURSEMENT AGREEMENT GRADE CROSSING AND CROSSING TRAFFIC CONTROL DEVICES CITY OF DELRAY BEACH SOUTH FLORIDA RAIL, CORRIDOR ONLY Financial Project I.D, Road Name or Number County Name Parcel & R/W Number F'AP Number SW Iot, St. Palm Beath 1 (X & S R) THIS AGREEMENT, made and entered into this day ofg� by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORT` ION, hereinafter called the DEPARTMENT, and CSX TRANSPORTATION, INC., a corporation of Virginia, with its place of business in the City of Jacksonville, County of Duval, STATE OF FLORIDA, and authorized to do business in the State of Florida, hereinafter called CSXT. and the. CITV. OF DELRAY (BEACH, a political subdivision of the State of Florida, hereinafter called th6 G'ITY. WITNESSETH: -WHEREAS, the CITY Is constructing, reconstructing' or otherwise changing a portion .of the Public Road system, designated as ,lob No. CSX OP# PL-1472, on SW 1wh Sfreet, which crosses at grade the, State Rail Corridor, and CSXT, Property at Rail'roar NAP.' SX 988.63 FDOTIAAR Crossing Number 628159 -H, at or near the CITY OF-DELRAY BEACH, as shown can Flan Sheet No. 628159 -H, afkabbed hereto as a part hereof; and WHEREAS, fhe DEPARTMENT and CSXT entered into a Purchase, and Sale Agreement for the South Florida Rail Corridor, heroinaftdr called SFRC described herein on May 11, 1988, at which time the DEPARTMENT became the owner of said property and CSXT retained an Easement for Rail Freight Operations within the SFRC, and under which CSXT manages and maintains the properly on behalf, of the DEPARTMENT pursuant to the Phase A Operating and Management Agreement, hereinafter called Phase A Agreement entered into on May 11, 1988 by CSXT and the DEPARTMENT ' and made a part of this Agreement by reference thereto, and WHEREAS, in the event of termination of the aforesaid Phase A A;greeth- rit as therein provided, the parties hereto desire that the provisions of the Phase B Agreement will thereafter govern CSXT's conduct of rail freight and intercity rail passenger operations over the- States Propprty in a manner consistent with the other uses of the State Property. Upon the Commencement Date hereof, CSXT shall transfer to the DEPARTMENT the administration by CSXT ( pursuant to Section 4.19 of the Phase A Agreement) of all agreements pertaining to the maintenance, repair and operation of existing roadway and highway crossings, crossing protection devices and railway interlocking and interchange facilities on the State Property, and NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: 1, The CITY shall be responsible for the cost to maintain the said Road at grade, and necessary approaches thereof, across the DEPARTMENT'S right -of -way, over its tracks Page 2 of 9 and through the Railroad Easement retained by CSXT at the ' hereinabove- referenced location. 2. If the CITY so requests, CSXT shall provide, furnish or have furnished, all necessary material required for, and will construct at CITY'S expense a Standard Railroad Crossing Type CONCRETE in accordance with the DEPARTMENT'S Standard Index No. 560 by reference made a part hereof, as well as automatic railroad grade crossing traffic control devices'at said location In accordance with (1) the attached detailed statement of the work, ' plans, and specifications; (2) the DEPARTMENT'S Plans and Standard Index Number 17882, and (3) FH.PIVI 1-4 -3 and rHPI 6- 6 -2 -1, or Rule 14- 46.002. F.A.C. all of which by reference.are made a part hereof. The CITY shall be responsible for the costs of Maintenance of Traffic during the construction period. ;,,L` UpoArt completion of'the cro5sing,'CSXT shall be responsible for.the maintenance of said crossing to accordance with the Phase A Agreement and the CITY shall be responsible for the maintenance cost of the highway roadbed and surface outs €de the railway ties and the crossing surface. However, it is expressly understood and agreed that if said area is not being maintained In accordance with the Department's roadway standards, by the CITY, than the DEPARTMENT or GSXT shall provide the CITY with written notice of such improper maintenance and the CITY shall have thirty (30) days from the receipt of said notice to prop.erly ' maintain the area, or the DEPARTMENT or CSXT, at their option, shall perform such maintenance work and bill the CITY directly for costs thus incurred that are the responsibility of the CITY, It is further expressly understood and agreed that if the opinion of the DEPARTMENT or CSXT an emergency repair becomes necessary,. the CITY shall be promptly notified of such emergency. If the CITY is unable to perform or.cause to be performed the emergency repairs, then the DEPARTMENT or CSXT, at then• option, shall perform such maintenance work and bill the CITY, directly for costs thus incurred that are the responsibility of the CITY. 3. The DEPARTMENT at its discretion may arrange for the synchronization of the railroad crossing devices with existing or proposed highway traffic control devices at SW 10ti' Sfreet,� and attendant instal €atiAn of FVp_ IV, Class IV (FLASHING SIGNALS WITH CANTILEVER AND GATES — MUILTIPLE TRACKS)- None of the parties shall disconnect sequence without prior notice to the other_ Each party shall maintain it's interconnect cable. After installation of said signals is completed, fifty (50) percent of the expense thereof in maintaining the same shall be borne by the CITY and fifty (50) percent of the cost shall be borne, pursuant to the Phase A Agreement, as enumerated by the Schedule of Annual Cost of Automatic Highway Grade Crossing Traffic Control Devices attached hereto and by this reference made a part hereof and subject to future revision. After said signals have been installed and found to be in satisfactory working order by the parties hereto, the same shall be immediately put into service, operated and maintained by CSXT so long as said CSXT or successors or assigns shall operate the said signals at said grade crossing; or until it is agreed between the parties hereto that the signals are no longer necessary, or until the said crossing is abandoned; or legal requirements occur which shall cease operation of signals thereat. CSXT agrees that any future. relocation or adjustment of said, signals shall be performed by CSXT but at the expense of the party initiating such relocation. Upon relocation, the maintenance responsibilities shall be in accordance with the provisions of this Agreement, ft is further agreed that the Page 3 of 9 cost of maintaining any additional or replacement signal equipment at the same location will be shared as provided above. 4. All work contemplated at this crossing shall at all times be subject to the approval of the DEPARTMENT and Chief Engineer or his representative, CSXT'S Division Engineer and/or Superintendent shall receive at least seventy -two (72) hours notice prior to the petformarice of any work within the limits of the railroad right-of-way. 5. Unless otherwise agreed upon herein, the CITY agrees to ensure that the advance warning signs and railroad crossing pavement marking will conform to the Department of Transportation Manual on Uniform Traffic Control Devices within thirty (30) days of notification that- the railroad signal improvements have been completed and that such signs and pavement markings will be continually maintained at an acceptable level. 6. The CITY will reimburse CSXT for the cost of watchmen' or flagging service when the CITY'S contractor is performing work that requires movement of equipment, employees or trucks across the tracks of the DEPARTMENT, or when at times CSXT and/or. the DEPARTMENT agree that such a service is necessary. 7. All contractors working in the SFRC are required to have Railroad Protective Public Liability and Railroad Protective Property Damage Liability insurance in a combined amount of $5,000,000.00, for all personal injuries, death or property damage, per occurrence arising during the policy period. The maximum dollar amounts of coverage to be reimbursed by Federal funds, with respect to bodily injury, death or property damage is limited to a combined amount of $10,000,000.00 per occurrence unless approval for larger amounts by the FHWA Division Administrator is made a part of this Agreement. Contractor will furnish CSXT a Certificate of Insurance showing that the contractor carries liability Insurance (applicable to the job in question) in the amount of $5,000,000.00 for all personal injuries, death or property damage, per occurrence arising during the policy period. Such insurance is to conform with the requirements of 23 C.F_R., Subchapter G, Part 646, Subpart A, and any supplements thereto or revisions thereof. 8. The CITY will bear the cast of relocation of any utility (wire or pipe) due to PITY requested improvernents to the roadway right --of -way, that has compensable interest on the right -af -way occasioned by the construction of said crossing and occupancy of the DEPARTMENT'S property, unless the original agreement creating the occupation of such utility requires the Utility to relocate said line. 9. CSXT hereby agrees to install and /or , adjust the necessary parts of its facilities In accordance with the provisions set forth in the: DEPARTMENT Procedure 725 -0130 -002 Appendix D.4 and Rule 14- 46.002 "Responsibility for the Cost of Railroad - Highway Crossing ", Florida Administrative Code and /or the Federal Highway Administration's Federal Aid - Highway Policy Guide, 23 C.F.R. Subchapter B, Part 140, Subpart 1; and 23 C.F.R. Subchapter G. Part 640, Subpart B. and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. CSXT further agrees to do all such work with its own forces or by a contractor paid under a contract held by CSXT Page 4of9 under the supervision and approval of the DEPARTMENT, and the f=ederal Highway Administration, when applicable, 10. Attached hereto, and by reference made a part hereof, are plans and specifications of the work to be performed by CSXT pursuant to the terms hereof, and an 'estimate of the cost thereof in the amount of $203,63i.k All work performed by CSXT pursuant hereto,*shall be performed according to these plans and specifications as approved by the DEPARTMENT. 11. All labor, services, materials, and equipment furnished by CSXT in carrying out work to be performed, shall be billed by CSXT directly to the CITY. Separate records as to costs of contract bid terms and force accouht items performed for CSXT shall be furnished by CSXT to the CITY. 12. CSXT has determined that the method to be used in developing future relocation or installation cost shall be actual and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. 13. If the DEPARTMENT and CSXT concur that an upgrading and/or betterment of the crbpsirng beyond that contemplated in this Agreement is desirable, then any cost associated with such upgrading or betterment shall be paid from the maintenance account provided for in the Phase A Agreement. If the CITY wishes to upgrade and /or better the crossing, such upgrade or betterment shall be paid for by the CITY. 14. Upon: completion of the crossing improvements, all billing for future maintenance, and modifications; which are the responsibility of the, CITY, will be as follows: CSXT shall, within one hundred eighty (180) days, fumish the. CITY with two (2) copies of its final and complete billing of all costs incurred in connection with the work performed hereunder, such statement to follow as closely as possible the order of items contained in the estfrnate attached hereto. The totals for - labor, overhead, travel expense, transportation, equipment, material and supplies, handling costs and other services shall be shown in such a manner as.will permit ready comparison with the approved plans and estimates. v Materials shall be itemized where they represent major components of cost in the relocation following the pattern set out in the approved estimate as closely as possible. Salvage credits from recovered and replaced permanent and recovered temporary materials shall be reported in said bills in relative position with the charge for the replacement or the original charge for temporary use. 15. The final billing shall show the description and site of the Project, the date on which the first work was performed, or, if preliminary engineering or right -of -way items are involved, the date on which the earliest item of billed expense was incurred; the date on which the last work was performed or the last item of billed expense was incurred; and the location where the records and accounts billed can be audited_ Adequate reference shall be made in the billing to where the records and accounts billed can be audited. Adequate reference shall be made in the billing to CSXT'S records, accounts and other relevant documents, All cost records and accounts shall be subject to audit by a representative of the CITY. Upon receipt of invoices, prepared in accordance with the provisions of the above - indicated: Reimbursement Policy, the CITY agrees, to reimburse CSXT in the amount of such actual costs approved by the CITY auditor. Page 5of9 Payment shall be made only after receipt and approval of goods and services unless the .State Comptroller under Section 215.422 (14), Florida Statutes, authorizes advance payments. 16. In accordance with Section 287.058, Florida Statutes, the following provisions are in this Agreement:- If this -Contract involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior'to' payments. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient fora, proper preaudit and postaudit thereof. 17. In accordance with Section 295.422 Florida Statutes, the following provisions are in this Agreement: Contractors providing goods. and - services to the DEPARTMENT should be aware, of the following time frames. -Upon receipt, the* DEPARTMENT has five (5) working days to inspect and - approve the goods end services, unless the Agreement specifies otherwise. The DEPARTMENT has twenty (20) working days to deliver a request for payment (voucher) to the Department of Banking and f=inance. The twenty (20) days are measured from the latter of the date the invoice is received, or the date the goods or services are received, inspected, and approved. if a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant 'to Section 215.422(3)(b), Florida Statutes, will be due and payable in addition to the invoice amount, to the Contractor, interest penalties of less than one (1) dollar will not be enforced unless the Contractor requests payment. Invoices, which have to be returned to a Contractor because of Contractor preparation errors; will result in a delay in the payment,. The invoice payment requirements do not 'start until a proporly completed- invoice is provided to the DEPARTMENT. A Vendor Ombudsman has been established within the Department of Banking and Finance. The dunes of the individual include acting as an advocate for contractors /vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413 -5516. 18. Records of costs incurred- under terms of this Agreement for future projects shall be maintained and made available upon request to the CITY and the DEPARTMENT at all times during •the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the CITY and the DEPARTMENT upon request. Records of costs incurred includes the Contractor's general accounting records and the project records,. together with supporting documents and records of the Contractor's general accounting records and the project records, together With supporting documents and records, of the Contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractor considered necessary by the CITY and the DEPARTMENT for a propeCaudit of costs. 19. In the event this contract is for services in excess of TWENTY -FIVE THOUSAND DOLLARS ($25,000,00) and a term of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes are hereby incorporated; Page 6 of 9 The DEPARTMENT during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditures of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such'contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that such funds are available prior to the' entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods, exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY-FIVE THOUSAND DOLLARS ($26,000.00) and which have a term for a period of more than one year. 20. In accordance with Section 287.133(2)(a), Florida Statutes, the following provisions are included in this Agreement: A person or affiliate 'who has been placed on the convicted vendor list following a conviction for a public entity crime. may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, 'proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any publip entity; and may not transact business with any public entity. in excess of the threshold amount provided in s.287.017 f& CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 21. In accordance with Section 287.134 (2)(a), Florida Statutes, fhe following provisions are included in this agreement: An entity or affiliate who has been placed on the discriminatory vendor fist may not submit a bid, proposal, or reply on a contract to provide any goods'or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public.entity; and may not transact business with any public entity. 22. In accordance with Section 287.0582, Florida Statutes, the following provision is included in this Agreement; The DEPARTMENT'S obligation to pay under this section is contingent upon an annual appropriation by the Florida Legislature. 23, The DEPARTMENT reserves the right to unilaterally cancel this Agreernent.for refusal by the contractor or CSXT to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement. Page 7 of 9 24. Should the use of said crossing be abandoned due to removal of the roadway then all Tights hereby to the CITY shall thereupon cease and terminate and the CITY will, at its sole cost and in a manner satisfactory to the DEPARTMENT remove said crossing and restore the DEPARTMENT'S property to the condition previously found, provided that the DEPARTMENT may, at its option, remove the said crossing and restore its property, and the CITY will, in such event, upon bill rendered, pay to the DEPARTMENT the entire cost incurred by it in such removal and restoration, provided such costs are accrued as specified in Paragraph 9. 26. CS.XT shall; a Utilize the U, S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by CSXT during the term of the contract; and b, Include an express requirement in any subcontract that subcontractors performing work .or providing services pursuant to the state contract utilize' the U. S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 27. Any notices, consents and approvals required or permitted by this Agreement shall be in writing and shall be deemed delivered by hand, sent by recognized overnight courier (such as Federal Express) or mailed. by certified or registered mail, return receipt requested, in a postage - prepaid envelope, and addressed as follows: If to the Department: Florida Department of Transportation 3300 West Commercidl Boule -Vard Ft. Lauderdale, Florida 33309 Att., Rail Coordinator (954) 777 -4401 If to the Company: CSX Transportation, Inc. 500 Water Street J-301 Jacksonville, FL 32202 Att: Hal Gibson (904) 359 -1048 If to the City: City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Att: Randall Krejcarek -- City Engineer (561) 243 -7322 -.—NOM - - -- * - �• 1` 26. CS.XT shall; a Utilize the U, S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by CSXT during the term of the contract; and b, Include an express requirement in any subcontract that subcontractors performing work .or providing services pursuant to the state contract utilize' the U. S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 27. Any notices, consents and approvals required or permitted by this Agreement shall be in writing and shall be deemed delivered by hand, sent by recognized overnight courier (such as Federal Express) or mailed. by certified or registered mail, return receipt requested, in a postage - prepaid envelope, and addressed as follows: If to the Department: Florida Department of Transportation 3300 West Commercidl Boule -Vard Ft. Lauderdale, Florida 33309 Att., Rail Coordinator (954) 777 -4401 If to the Company: CSX Transportation, Inc. 500 Water Street J-301 Jacksonville, FL 32202 Att: Hal Gibson (904) 359 -1048 If to the City: City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Att: Randall Krejcarek -- City Engineer (561) 243 -7322 Page 9 of 9 28. Upon execution this maintenance agreement shall supersede all provisions, relating to said crossing, contained in any previous maintenance agreement and shall become the permanent maintenance agreement of record. 29. Provision twenty -fiye (25) was deleted by aif parties prior to, the agreement execution. Page 9 of 9 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers the day and year first written above. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: ';rector at on Development TITLE: ATTEST: - CSXT: y By: Da1J W.Ophardt TITLE' Assistant Vioe PresAmt-Engineering ATTEST_ CIT I TitlE PAUL R.HITCHCOCK -___ -- CORPORATE SECRETARY ATT ST: �y� City Clerk Legal F By: TITLE: Force Account Worksheet CSX TRANSPORTATION., INC. Page 1 of 3 FORCE ACCOUNT ESTIMATE ACCT. CODE : 7.09 - FL -1472 Rub EB - FL EB3 (FL) ESTIMATE SUBJECT TO REVISION AFTER: 211912012 DOT NO -: 628 159H CITY; Delray Beach COUNTY- Palm Beach STATE: FL DESCRIPTION: install new crossing surface @ SW 10th Street - 0 Mine Line (West Track) DIVISION- Jacksonville SUB -DIV: Miami MILEPOST: SX988.63 DRAWING NO.: 628 159H DRAWING BATE: 6/24/2010 AGENCY PROJECT NUMBER: PRELIMINARY ENGINEERING: provided under separate agreement 200 Labor (Nan Contract) 0 Days @ 270.00 $ - 200 Additive 31.34% $ - "230 Expenses $ - 212 Contracted &.Administrative Engineering Services $ 2,500 Subtotal $ 2,500 CONSTRUCTION ENGINEERINGIINSPECTION: 200 Labor (Non Contract) 3 Days @ $ 270.00 $ 810 200 Additive 31.34% $ 254 230 Expenses $ 141 212 Contracted & Administrative Engineering Services $ 9,8fi3 Subtotal ; ', $ 11,068 FLAGGING SERVICE: Contract Labor 70 Labor (Canducfor- Flagman) • 4 Days @ $ 350.00 $ 50 Labor(Foremanlinspector) 5 Days @ $ 336.00 $ 1,680 70 Additive 71.09% (Transportation Department) $ - 50 Additive 9'5.98% (Engineering Department) $ 1,042 230 Expenses (Engineering Department) 5 Days @ $ 75.00 $ 375 230 Expenses (Engineering Department) 5. Days @ 5 -00 $ 225 Subtotal $ 3, 892 COMMUNICATIONS WORK: Temporary" (Details Attached) $ ' Permanont (Details Attached) $ - Subtotal $ - TRACK, LABOR 50 Install Cross Ties 0 MAN -HRS 36.00 $ - 50 Remove Existing Crossing 126 MAN -HRS 36.00 $ 4,536 50 Install Cross Ties approach 24 MAN -HRS $ 36.00 $ 864 50 Renew Rail 0 MAN -HRS 36.00 $ - 50 1pstallOTM 42 MAN -HFtS •36.00 $ 1,512 50 Install Field Welds 38 MAN -HRS $ 36.00 $ 1,368 50 install Temp A bars (136#/115 #) 20 MAN -HRS $ 36.00 $ 720 50 Buffer Rail #136 20 MAN-FIRS 36.00 $ 720 50 Install Ballast 40 MAN -HRS $ 36.00. $ 4,440 50 Line and Surface 98 MAN -HRS $ 36.00 $ 3,528 50 Flash butt welds 2 ea 36 MAN -HRS 36.00 $ 1,295 50 Install Bituminous Pavement 0 MAN -HRS 36.00 $ - 50 'Construct Track Pane #s 160 MAN -HRS 24.00 $ 3,840 50 Install Tracy Panels 168 MAN -HRS $ 36.00 $ 6,768 50 Instal[ Transition Rail 25 MAN• -HRS $ $6.00 $ 900 Force Account Worksheet Farce Account Worksheet CSX TRANSPORTATION, INC. _ Page 2 of 3 FORCE ACCOUNT ESTIMATE ACCT, CODE, 709 - FL -1472 Pub EB - FL EB3 (FL) 50 Clean -Up 0 MAN -HRS 24.D0 $ - 50 Additive 95.98% $ 26,387 230 Per.Dlern 82 MAN -RAY $ 90.00 $ 7,380 Subtotal $ 61,259 TRACK. MATERIAL 220 Cross Ties, Main Line Borate Thru Trans Rail 10 EA $ 39.00 $ 390 220 Cross tie - approach Borate 30 EA $ 83,50 $ 2,505 220 Cross -tie - Borate 0 EA $ 56 -00 $ - 220 Crossties, 10' Length 82 EA $ 46.00 $ 3,772 220 Tie plates 1364 164 EA $ 10.51 $ 1,724 220 Rail, 136RE, New 240 LF $ 21,00 $ 5,040 220 Mlsc, OTM 1 LOT 3 797.00 $ 3,797 210 Transition Rail (136#1115 #) 2 EA $ 1,200.00 $ 2,400 210 Suffer Rail 130 60 LF $ 21.00 $ 1,260 . 220 Ballast - Car ioad 0 NT $ 12.00 $ 220 Ballast - Trucked in 213 NT $ 45.00' $ 9,585 220 Field Welds Ther 1361# 6 136 #, 2115# - 8 EA $ 100.00 $ $00 220 Joint Bars 136# 6 EA $ 180.00 $ 1,080 220 Temp Joint Bars 4 FA $ 180.00 $ 720 210 Concrete Full Width for 136# 89.375 TF $ 250.00 $ 22,344 210 End Caps 1 SET $ 550.00 $ 55b 210 Rubber Crossing, Full Depth 0 TF $ 325.00 $ - 21,0 TjmberlAsphalt Crossing (CSX Standard) 0 TF $ 42.00 $ 210 Bituminous Material 0 NT $ 210 Sales Tax on. Material 0.00% $ - 210 Material Handling 5 -00% $ 2,798 211 Shipping Cone Panels 1 LS $ 9,500.00 $ 9,500 Subtotal $ 68,265 CONTRACT: 216 Asphalt Paving ( €n Place) by Agency 0 NT $ 215 Saw cut Asphalt, by Agency 0 LF $ - 241 Disposal of Waste Materials by CSX I LS $ .2,000.00 $ 2,000 215 Maintenance of Traffic by Agency 0 DAY $ 350.00 $ - Subtotal $ 2,0D0 241 EQUIPMENT RPENTAL: Subtotal $ 27,492 50 WORK TRAIN- 0 DAY $ 2,100.00 $ - Subtotal $ - SALVAGE- 228 Rail 7 NT $ 65.00 $ (455) 228 OTM 2 NT $ 75.00 $ (150) Subtotal $ (605) §IGNAL WORK: 210 Material - Field & Consumables $ 210 Material - Sales Tax $ " 220 Material - Shop $ 60 Construction Labor $ - 65 Shop Labor $ - Farce Account Worksheet NOTE: Estimate is based. on FULL CROSSING CLOSURE during work by Railroad Forces, This estimate has been prepared based on site oonamcris, anticipated work duration periods, material prices, labor rates, manpower and resource availability, and otherfactors known as ofthe date prepared. The actual cost for CSXTwoN may d':ifar based upon the agency's requirements, their contractor's work procedures, andfor other conditions that become apparent once construction commences or during the progress of the work Office of Assistanf Chief Engineer Public ?roJects Jacksonville, Rorida Estimated prepared by: RL Ica Approved by: H. A. Gibson CSXT Public Project Group DATE: REVISED: 812312011 ➢ATP: 11112812011 FoTm. Revised 05 -05- 2011 -LLS Force Account Worksheet CSX TRANSPORTATION, INC. Wage 3 of 3 FORCE ACCOUNT ESTIMATE ACCT. CODE: 709 - FL -'4472 Pub EB - FL EB3 (FL) 230 Per b"tem $ - 200 RR Engineehng,Preiiminary $ - 200 RR Engineering,Construction $ " 60 Additives to Construction Labor $ y 65 Additives to Shop Labor $ ' 200 Additives'to Engineering $ y 241 Equipment Expense $ - 241 Waste Management $ 212 Contract Engineering $ " 211 Frefight $ 216 AC Power Service $ - 228 Salvage $ " 900 Other $ 5,500 Subtotal $ 5,500 ACCOUNTING & BILLING: 40 Labor 11.5 Days @ $ 204.00 $ 2,300 40 Additive 63.03% $ 1,450' Subtotal $ 3,750 PROJECT SUBTOTAL:. $ -185,121 900 CONTINGENCIES- 10.00% $ 18,512 GRAND TOTAL �� k* $ 203,633 DIVISION OF COST: Agency 11}0.00% $ 203,633 Railroad 0.00% $ TOTAL «� « * *�:.:_ ^..:._: �3 $ 203,633 NOTE: Estimate is based. on FULL CROSSING CLOSURE during work by Railroad Forces, This estimate has been prepared based on site oonamcris, anticipated work duration periods, material prices, labor rates, manpower and resource availability, and otherfactors known as ofthe date prepared. The actual cost for CSXTwoN may d':ifar based upon the agency's requirements, their contractor's work procedures, andfor other conditions that become apparent once construction commences or during the progress of the work Office of Assistanf Chief Engineer Public ?roJects Jacksonville, Rorida Estimated prepared by: RL Ica Approved by: H. A. Gibson CSXT Public Project Group DATE: REVISED: 812312011 ➢ATP: 11112812011 FoTm. Revised 05 -05- 2011 -LLS Force Account Worksheet STATE OFFLORIDADFFAWmEW OFiRANSPORTAVON WORK DESCRIPTION 77"90 -07 GRADE GROSSING RXL NEW OR RECONSTRUCTION �oieg FINANCIAL PROJECT NO, ROAD NAME OR NUMBER COUNTY NAME 1PARCF=L&PJWNUMBER FAP NUMBER ' NIA SW 14th Street PALM BEACH I (X & S R) A, JOB DESCRIPTION & LOCATION, B. TYPEt?F ROADWAY FACILITY: C. 1=DOT /AAR XING NO.: 628159 -1­1 RAILROAD COMPANY CSX Transportation X -ing reconstruction of #1 main track only (west track) 4 Thru Lanes - Urban Collector RR MILE POST TIE: SX 988.63 D. TYPE CROSSING PROPOSED: Type C - Modified DOT INDEX: 560 E.. STATUS AND PROPOSAL; 1. EXISTING CROSSING (See Agreement dated 9/15/1994 _ ) a, XX To be Improved as permanent public road crossing_ b. To be (used - -improved) for temporary (haul- detour) operation, Pit. No. C' To be relocated (See above for new location) Existing crossing will: (�) remain In place for Iota! use. (2) be abandoned -and removed by (Skate- Railroad) forces. d. To be eliminated - Remarks 2, NEW CROSSING a. XX To be constructed as permanent public road crossing. b. To be constructed for temporary (habl- detour) operation, Pit No. G. Relocated from elsewhere (See 1.c. above, Re: Existing Crossing). d. Requires Public Hearing (State Statute 335.141 & 920.57) F. VERTICAL ALIGNMENT: 1, ' XX Meeting e€evatiion of existing rails. 2, Track adjustments necessary. • Rails to be (raised - lowered) 0 feet. G. CROSSING PROTECTION: (Signal Sheet attached: D Yes U No,) H. DRAINAGE ITEMS: (Drainage Sheet attached: Q Yes Q No,) 1. COMMUNICATION AND /OR POWER LIME ADJUSTMI =NTS 1, XX By Others (CITY or Contractor Company.) 2. N/A By Railroad Company. J_ AUTHORITY REQUESTED: (Draft attached: Q Yes O No.) 1. YX Agreement (Third Party Participating City of Delray Beach ) 2. Supplemental Agreement No, 3. Crossing Permit. q, Estimate for Change Order No. 5. Latter of Authority, 6. Letter of Confirmation (No Cost to Department). K, OTHER REMARKS: Negotiations to be completed by Reconstruct #1 main track only (west track), #2 main track in good condition. �4'V? gNIY?R.tS�M _ W a IMF \IoENIIII MCIC11 1� 9"r Q11110615H3 1 w_�..,�__ i 1 o,� - �- ---- --.--- ore --. j ti i I k I i I i - 7 j ��' I � i • ills a I T =n F+�'n �� r Z OE s m � I fin �A s� ❑ i jr�&x � r eu 12 r�d4 i ❑1 �4'V? gNIY?R.tS�M _ W a IMF \IoENIIII MCIC11 1� 9"r Q11110615H3 1 w_�..,�__ i 1 o,� - �- ---- --.--- ore --. j ti i I k I i I i - 7 4 I ills a I a .c w h 4 f- "7 t 3 9N! 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S 1 a 'k 7u 7 I I 1 1 '7 9F 1 ilk ai 1 i I L L f I L 1 I f I I t f 1' ! .i �1 ft 4 U �• F- �I I I X M lf�y W t f S I m. k ti g +J j •¢ I Z I 1 O 1 O � ti r' X M lf�y W t f S I m. k ti g +J j •¢ I Z I 1 O 1 O � ti r' r' STATE OF FLORIDA MPARTN EW OFTRIWSFRRTATION RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES iL5��41 RAIL occ -01W FINANCOL PROJECT NO. ROAD NAME OR NUMBEk COUNTY NAME PARCEL & R!W NUMBER FAf' NUMBER , NIA SW 10th Street PALM BEACH 1 (X & S R) COMPANY NAME: CSX Transportation, INC / South Rorlda Rall Corridor RING NO 628159 -H RR MILE POST T1E: 5X 98$.63 A. FpOTIAAR .. B, TYPE SIGNALS PROPOSE) 'IV CLASS 1V DOT INDEX_ 17.892 SCHEDULE OF ANNUAL COST OF AUTOMAT IG H[CiHWAY GRADE CROSSING TRAFFIG CONTROL DEVICES Annual Maintenance Cost Exclusive of Installatbrn GI A55 ESCQ_ RIPTION COST* Flashing Signals - One Track $2,256,00 11 Flashing Signals - Multiple Tracks '$2,3855.00 Ill Flashing Signals and Gates -'One Track $3,442.00 IV Flashing Signals and Gates - Multiple Tracks $4,272.00 AUTHORITY: FLORIDA ADMINISTRATIVE RULE 14- 57.011 Public Railrvad-Highway Grade Crossing Costs EFFECTIVE. DATE: July 22, 1982 GENERAL AUTHORI M 334.044, F,S. SPECIFIC I -AW [MPLEMENTED: 335.141, F.S. *This schedule will becorne efli3etive July 1, 2911 and will be reviewed every 5 years and revised as appropriate based on the Consumer Price Index for all Urban Consumers published by the U.S, Department of Libor. �I c a � � a ' a a e Z� � w -91r �a A g, a le W II ,i In 17.7 ��a �3 €.� &� ���• w � /� N�6 N 41 � P in D gut YZJI M a° t25 N� •Z ti z4 TI T' i 9 t 4xa as °� 4 k M a° t25 N� !-s s, .x- •Z ti z4 TI T' i 9 t d � 1 r y � •kW1 y- Q a $ •�Cl� s4-rt !-s s, .x- z4 TI T' i 9 !-s s, .x- 9 �y C d� W Fw. a a..ai 1 Ci F. N H t n p� '24 �c H & b o 3 a �tl�q� �xa ea — dt eV i ti cl Fi f : L a k �r t -SRxs 4, 1 t i w W Fw. a a..ai 1 Ci F. N H t �C g �i H - LLI t r� r b 4 nil F -. s1 Fs� •F C7 �" � c 3 Of— 3 k i t1 � ii O• FFTn'bti b'U iu i.. m $ 4 N nl� r $ got, r Ltd R: IN' ti� h : b lot HB! QC 'L qITAW I i . c � a � ii O• FFTn'bti b'U iu i.. m $ 4 N EITY OF DELRRY BEREH E RAY BI F .0 100 N.W. isi AVENUE e DELRAY BEACH, FLORIDA 33444 a 5611243-7000 *Pim ® i �� 1, CHE VELLE D. NUB -21F, MTNIC, City- Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 03 -12, as the same was passed and adopted by the Delray Beach City Commission in regular session. on the 15t day of May 2012, IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 14th day of May 2012. �� . 0� Chevelle D. Nubin, MMC City Clerk City of Delray Beach, Florida (SfEA"L) r Ff�1ITr "C ` "f= C1FC)LIiA,AW(.-F ���I'J 1-FGPTTY ` RESPONSTBLE - T :NNCVAT1VE. ` I; EA/,AW0RK . 03 -12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PROPER CIJY OFFICIALS TO EXECUTE A TRI- PARTY AGREEMENT BET�`{IEEN TILE FLORIDA DEPARTMENT OF ` "IRANSPORTATION .(FDO` ), CSX TRANSPOR:PATION, INC. AND THE CrI'Y OF DELRAY BEACH TO PROVIDE FOR THE RECONSTRUCTION OF FLORIDA .DEPARTMENT OF TRANSPORTATION'S CROSSING NUMBER 6.28159 -I3, WHICH CROSSES SW 10""' STREET; PROVIDING .AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVFID BY THE CITY COMMISSION OF THE C:FfY OF DELRAY BRACH, FLORIDA.: Section 1. That the app 6p�iate City officials of the City of Delray $eacli ate aixt1lorized to execute a.Trt- Patty-Agreetnen 'r;attac.e; hereto aS Fxl� it "A" on behalf of the CitY with the State of f+lotida Depa_ttment of 'Transportation and CSX Transportation, Inc,, to provide for; CSX Ttanspottation, Inc. to rebuild the Department's t±os.siag mim ber 628159 -H, which crosses. SW 1 i`0`l' St et in the. City of Deltay Beach. The. City Manager and City Attotney are authored to txake.rzjinot,tevisions to such Agreement,-as ate deerried necessary alldpropet for the best ititerests of the City. Seetio_ n 2, That all tP- solutions or parts of resolutions in conflict wjtli this Resolution am- repealed to the ex"terrt of's-ach conflict. Sectibil :3. That this Resolution shall be in ,fall fotce and effect .iln ediatelp upon its adoption. PASSED AND ADOPTED its. regular session on -tivs the rt day of May, 2012, 4). �V'h*4 MAYOR ATTEST: , � �--- -1 � � "- City Cletl MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: Douglas E. Smith, Interim City Manager DATE: January 29, 2013 SUBJECT: AGENDA ITEM 8.M.3 - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 CONTRACT AWARD/ A & A ASSOCIATES INTERNATIONAL, INC. ITEM BEFORE COMMISSION Request approval to accept an agreement between the City of Delray Beach and A & A Associates International, Inc. for security service at Pompey Park. BACKGROUND The security guard service will provide one (1) outside /inside unarmed security guard to patrol Pompey Park; Monday - Friday 5:00 p.m. to 9:00 p.m. and Saturday 4:00 p.m. to 8:00 p.m. for a total of 24 hours per week. The term of this agreement is from February 6, 2013 to December 31, 2013. Attached for your review are three (3) quotes for security service at Pompey Park; A & A Associates International, Inc. (our current provider) quoted $14.55/hr., Allied Barton Security Services at $14.71/hr., and Platinum Group Security quoted $15.99/hr. Parks and Recreation has been happy with the services provided by A & A Associates International, Inc. They meet all the requirements necessary to adequately secure Pompey Park. The total cost per this agreement is $16,761.60. FUNDING SOURCE Funding is available from account #001- 4127 -572 -31.90 (Other Professional Services). RECOMMENDATION Staff recommends approval of an agreement with A & A Associates International, Inc. to provide security guard service at Pompey Park. A & A Associates International, Inc. is the current provider and the lowest bid. La.y s City of Delray Beach Request for Quotation Schedule of Pricing Security Services Pompey Park Positions: Un -Armed Security Guards Service: Monday through Friday - 5:00 PM - 9:00 PM Saturday - 4:00 PM - 8:00 PM Total Guard Hours: 24 hours x per hour $3qq, z per weep Special Event Rate: S I L4' 55 per hour Additional Guards if Required $.466 per hour Company Management Contact vt fl Phone 5(01- 63,q - 5 03 I eq &I -q n'�) Ougod, Cell— 80�- q q+ 7g), LIST ANY EXCEPTIONS AND} OAR COMMENTS: A aA NO WO 1 bill +imp 0.nc1 one ha)-Pfor oJ l -Cedera) l ru,cqniled n0lida 9 in Why db +he- 9 eqJ r±1 p Please provide company profile and any backup material. City of Delray Beach Request for Quotation Schedule of Pricing Security Services Pompey Park Positions: Un -Armed Security Guards Service: Monday through Friday -- 5:00 PM - 9:00 PM Saturday 4:00 PM - 8:00 PM Total Guard Hours: 24 hours x $ 14.71 per hour = $ 353.04 per week Special Event Rate: $ 14.71 per hour Additional Guards if Required $ _ 14.71—per hour 'Addition Required Information: Management Contact Name: Adam Shapiro / AlliedBarton Security Services Phone: 954- 242 -8665 Cell: 954 -242 -8665 LIST ANY EXCEPTIONS AND JOR COMMENTS: The Bill Rate will remain the same for special events or if additional guards are needed as long as requested with 72 hour notice. In the event it's less time, the rate Bill Rate of time and a half which is $22.10 _ Schedule of Pricing Security Services Pompey Park Positions: Un -Armed Security Guards Service: Monday through Friday - 5:00 PM - 9:00 PM Saturday - 4:00 PM - 8:00 PM Total Guard Hours: 24 hours x $ 15.99 per hour = $ 383.76 per week Special Event Rate: $ 15.99 per hour Additional Guards if Required $ 15.99 per hour Company Name PLATINUM GROUP SECURITY Management Contact BONY JOSEPH _ Phone,_ (954)571 -9080 Cell C561t305 -9393 LIST ANY EXCEPTIONS ANDJOR COMMENTS: Rate quoted above is for unarmed security officer without marked security vehicle. 48 Hour notice would be appreciated forspecial events. Please provide company profle and any backup material. COURTESY OFFICER SERVICESAGREEMENT THIS AGREEMENT is made this day of , 2013 by and between the CITY OF DELRAY BEACH, hereinafter called the "City ", and A&A ASSOCIATES INTERNATIONAL, INC. (A&A), a .Florida corporation, hereinafter called "A&A ", 8144 Okeechobee Blvd., Suite B, West Palm Beach, FL 33411. WITNESSETH: WHEREAS, A&A is in the business of furnishing security guard services and the City desires to have A&A furnish security guard services to the City at the time(s) and place(s) hereinafter defined. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. A&A agrees, pursuant to request of the City, to furnish one (1) uniformed security guard located at Pompey Park for four (4) hours a day, Monday through Friday, hours 5:00 p.m. to 9:00 p.m. and four (4) hours on Saturday, 4:00 p.m. to 8:00 p.m. for the amount of $14.55 per hour with overtime to be paid at a rate of time- and - one -half for the following days: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. 2. This Agreement shall begin on the date first written above and shall expire on December 31, 2013 unless extended in writing by the mutual consent of both parties. City and A&A reserve the right to cancel security services at any time upon thirty (30) days written notice with or without cause. 3. During the term of this Agreement, the City agrees to use exclusively personnel of A&A at the site, and A&A agrees to furnish such number of security guards as from time to time be required and defined by the City as described in paragraph "1 " above. If ASA is unable to furnish a security guard, A&A acknowledges that the City may be required to obtain security guards from another security service at increased costs. In the event of breach by A&A of its ability under. this provision to provide a security guard, A&A shall pay to the City its reasonable cost for replacement guards, such sum not to exceed $7.00 per hour per security officer above A&A's then current hourly rate. A&A acknowledges that the City may hire off -duty law enforcement officers to provide services in excess of those provided by A&A. 4. For the services hereunder, the rates may be adjusted upon the renewal date of this Agreement by mutual agreement between A&A and the City. The adjusted rate will not exceed three percent (3 %) annually. 5. Payment of invoice will be mailed or delivered to City weekly and is due and payable to A&A within thirty (30) days of request for same. Any dispute of claim regarding invoice(s) or services must be sent in writing to A&A within seven (7) days from the invoice date stating the nature of the dispute and containing all supporting documentation or it will be deemed waived. A late fee of one and a half percent (1.5 %) per month will be charged for invoices not paid within thirty (30) days. 6. A&A warrants that it has a comprehensive program of insurance. City acknowledges that A&A is not an insurer; that the amounts payable hereunder by A&A are not based upon the value of services offered and the scope of liability undertaken and such amounts are not related to the value of the City's interest protected or of City "s property or the property of others located in or about City premises. Accordingly, A&A makes no warranty, express or implied, that the services it furnishes will avert or prevent occurrences, or the consequences therefrom, which may result in loss or damage and City agrees to make no deduction or offset for losses against any invoices due A&A. 7. This Agreement shall be construed under and in accordance with the laws of the State of Florida. Any legal proceeding arising from this Agreement shall be brought only in court of competent jurisdiction in Palm Beach County, Florida. 8. This Agreement constitutes the only agreement between the parties and cannot be modified except in writing signed by both parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk Approved as W rz-f�— 0�.City IWO Attorney � 0 P PJ Thomas F. Carney, Jr., Mayor WITNESSES: A&A ASSOCIATES INTERNATIONAL, INC. (Name Printed or Typed) (Name Printed or Typed) STATE OF COUNTY OF By: Print Name: Title: The foregoing instrument was acknowledged before me this day of 2013, by as (name of officer or agent, title of officer or agent), of a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public 3 '000 City of Delray Beach Request for Quotation Schedule of Pricing Security Services Pompey Park Positions: Ur -Armed Security Guards Service: Monday through Friday 5 :00 PM - 9,00 PM Saturday - 4:00 PM - 8:00 PM Total ward Hours: 24 hours x $ 14,55 per hour = $ 0,, O per week Special went Rate: $ "� per hour ,Additional Guards if Required $ � �' � per hour Company Name �? A yecgh?,,�, (A 61 Management Contact _ VP I� fl Phone ,5�0 1- 6,3S -g303 LIST ANY EXCEPTION;SAN12 -J OR COMMENTS; AAA. O N bi 0 +3me- and one. haJjP �or a I - er,l Rcogni2ed M601' ,9 in Whibb 4-he 8ewn�:j o Utz 0MR 'lease provide, company profile and any backup maGerid MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Director of Environmental Services Department THROUGH: Douglas E. Smith, Interim City Manager DATE: January 25, 2013 SUBJECT: AGENDA ITEM 8.M.4 - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 CONTRACT AWARD/ INTERCOUNTY ENGINEERING, INC.: CONGRESS AVENUE FORCE MAIN REPLACEMENT PROJECT ITEM BEFORE COMMISSION Request to approve a contract award to Intercounty Engineering, Inc. in the amount of $953,959.00 for the construction of the Congress Avenue Force Main Replacement project, P/N 2012 -067. BACKGROUND In January 2012, the City experienced a failure on sanitary sewer force main at the intersection of Congress Avenue and Lowson Blvd. The force main conveys sanitary sewer from southwestern communities along Germantown Road to Lift Station #50 (located at Lowson Blvd and the E -4 Canal) where it is then re- pumped to the wastewater treatment plant. The route of this pipeline is along the eastern side of the Congress Avenue right -of -way, from Lowson Blvd south to Germantown Road, where it then crosses Congress Avenue and continues along Germantown Road to the west. On January 9, 2013, the City received and opened five (5) bids for the Congress Avenue Force Main Replacement project with Intercounty Engineering, Inc. the apparent low bidder at $953,959.00. Prequaliiication by the City in the category of "Underground" work was a requirement for this bid. In addition to being prequaliiied to perform work for the City, Intercounty Engineering, Inc. has a history of successfully completing projects for the City. The scope of work involves the installation of approximately 4,000 feet of force main pipe using directional drill method, removal of old pipe, and pavement /landscaping restoration. A Bid tabulation and a location map are attached for reference. FUNDING SOURCE Funding is available from account #442- 5178 -536- 68.89, Congress Avenue Force Main Replacement, after a budget transfer. RECOMMENDATION Staff recommends contract award to Intercounty Engineering, Inc. in the amount of $953,959.00 for construction services relating to the Congress Avenue Force Main Replacement project, P/N 2012 -067. CONGRESS AVENUE FORCE MAIN REPLACEMENT P/N 2012 -067 Project Location Map AVENUE I f 1 LOWSON BOULEVARD w Q V) c� z 0 U LINTON BOULEVARD u� J o, a I RpPp F- GER�`AN�O� r- w F z CLINT MOO RE ROAD CONGRESS AVENUE FORCE MAIN REPLACEMENT P/N 2012 -067 Project Location Map 6s .0, 0 z E3 6 12 Z m rc O �2 Z 4Z - - - w cow w - - - - - - - - - �llllllE.-E.-E.--.EE 0 ED a a - - 1 X .1 S S E4 �2 Z; I I I I n .22-11 0 M 0 ow WO OW 111. 8N� �82 81. SEE S l 29 82 89 �8; 89 3" SE 89 �2 82 88 .1 "o 19 1. 1, N. 1 1. 1 1 1 1 1 WI W III U l00 So— .. 82 W W WI 0,0 ... 666 10.1 121, . . . oo . . wl s . . . o . a 6 . . o.. os R" so 0 N N �2 a�' T Iw WWWOWOW NY '0 606 3: 3r. 9 6 T 6 06 m L 10 -M 20 > , a . i. & 22�2 ft LLc Do o ox I m m w w ME E PON.N> "r MM o z b �2 i N E E E l I -H+ 2 MATHEWS CONSULTING January 11, 2013 Mr. Victor Majtenyi Deputy Director of public Utilities CITY OF DELRAY BEACH 434 S. Swinton Avenue. Delray Beach, Florida 33444 Dear Mr. Majtenyi: C I V I L E N G I N E E R S City of Delray Beach- Project No. 2012 -067 Congress Avenue Force Main Replacement Bid Results (Bid 4 2013 -26) On Wednesday, January 9, 2013, at 1:30 PM, bids were received by the City of Delray Beach for the Congress Avenue Force Main Replacement Project. Five (5) bids were received as follows: Name of Bidder Amount of Bid 1. Intercounty Engineering $954,049.00 2. Man Con, Inc. $1,079,283.00 3. Ocean Bay Construction, Inc. $1,112,117.00 4. Lanzo Construction Company $1,325,000.00 5. Foster Marine Contractors, Inc. $1,374,878.00 We have reviewed the bid proposals submitted by each of the Contractors and have found no mathematical errors in any of the bids. The Bid Tabulation Sheet is attached. The following summarizes our findings for the low bidder: Intercounty Engineering • Provided Letter of Eligibility. • Acknowledged Addendum No. 1, 2 & 3. • Provided Bid Bond (5 %). • Provided Contractor Questionnaire. • They have been pre - qualified by the City for Underground Utilities. • This company has provided underground infrastructure utility work previously for the City of Delray Beach, including the recent Lowson Boulevard Force Main Project. • Company is based in Pompano Beach, Florida. It should be noted that Intercounty Engineering has been pre - qualified by the City of Delray Beach for "Underground Work" through a separate submittal process. As such, our review of the bid proposals only considered the technical evaluation of the Proposal and Bid Forms. Therefore based on our review of the Proposal and Bid Forms, Mathews Consulting recommends award of the contract to Intercounty Engineering in the amount of $954,049.00. Mathews Consulting, Inc., 477 S. Rosemary Avenue, Suite 330, West Palm Beach, Florida 33401 Phone: 561 -655 -6175 • Fax: 561- 655 -6179 www.mathewsconsultinginc.com If you have any questions regarding the information presented, please contact us at 561- 655 -6175. Sincerely, MATHEWS CONSULTING, INC. David L. Mathews, P.E. Vice President Enclosure cc: Scott Solomon, Delray Beach (w /enclosure) Randal Krejearek, Delray Beach (w /enclosure) Rafael Ballestero, Delray Beach (w /enclosure) MC File No. '1633 Mathews Consulting, Inc., 477 S. Rosemary Avenue, Suite 330, West Palm Beach, Florida 33401 Phone: 561- 655 -6175 • Fax: 561 - 655 -6979 www.mathewsconsultin9i- nc.com MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: Douglas E. Smith, Interim City Manager DATE: January 29, 2013 SUBJECT: AGENDA ITEM 8.M.5 - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 PURCHASE AWARD/ FLORIDA BULLET ITEM BEFORE COMMISSION The Delray Beach Police Department (DBPD) seeks approval for the annual ammunition order from Florida Bullet in the amount of $87,428.50. This order includes the ammunition needs for training, on- duty use, and the S.W.A.T. team. See attached quote for itemized list. BACKGROUND Ammunition is a requirement for Law Enforcement Agencies for obvious reasons. This represents our large, annual order. Standardization of ammunition is very important. It is necessary for the Department to use only one kind of ammunition for duty use (certain kinds of ammunition for certain kinds of weapons) and a comparable ammunition for training. Consistency is needed for officer training and to maintain standardization in how the weapons perform. When selecting ammunition, factors that must be considered include: casing, bullet weight, propellant, toxicity (of airborne fragments subsequent to fire), and bonding. Once the Department has researched and determined the best ammunition for the price, changing to a different ammunition would require recalling all of the ammunition currently in the field and replacing it with the new ammunition. This is extremely costly and wasteful both in purchasing cost and staff time. Therefore, although ammunition prices do fluctuate, once ammunition is selected, it is cost prohibitive to change unless the circumstances warrant the expense and time required to do so. Pricing for this order is with Florida Bullet, a Sole Source vendor. This allows Florida Bullet to pass on special pricing consideration to customers. Florida Bullet is a preferred vendor as they consistently provide quality merchandise, pricing, and service. Although Florida Bullet is a Sole- Source provider, the Department has provided pricing for comparable products for reference purposes. The total cost using Florida Bullet as a vendor is $87,428.50 compared to two other options of Winchester for $116,839.90 and for Remington of $86,896.40 (illustrated in the attached table). The Florida Bullet pricing is less than 1% higher (.6 %) than Remington and 25% less than Winchester. For the reasons detailed above, the Department recommends moving forward with the Florida Bullet purchase. FUNDING SOURCE Funding is available from account #'s: 001 -2111 -521 -52.20 and 001- 2115 - 521 - 52.19. RECOMMENDATION The Police Department recommends approval. Florida Bullet, Inc. P.O. Box 7497 Clearwater, FL 33758 -7497 V:(727) 461 -6081 F:(727) 441 -4477 Name / Address Delray City of Attn: ACCOUNTS PAYABLE 100 N.W. 1 st Avenue Delray Beach, Florida 33444 QUOTATION Date Number 1/29/2013 369 Item Description Qty Rate Total 53885 45 Auto 230 Grain TMJ Clean -Fire Per 1,000 50 302.90 15,145.00 XM193F Lake City .223 5.56mm 55 grain FMJ per 500 120 195.90 23,508.00 GM308M 308 WIN 168 Gr. BTHP MATCH Per 200 10 150.90 1,509.00 53880 40 S &W 180 Grain TMJ Clean -Fire Per 1,000 30 248.90 7,467.00 24448 223/64 grain GDSP 500 per case 40 299.90 11,996.00 BC223NT5A 223 FRANGIBLE 55 GRAIN 500 PER CASE 20 278.90 5,578.00 THE BC223NT5A IS 8 MONTHS ON BACK ORDER, THE XM556NTI IS AVAILABLE NOW 53395 45 Auto 155 Grain CFRHT Per 1,000 45 493.90 22,225.50 PRICES INCLUDE STANDARD DELIVERY Total $87,428.50 MEMORANDUM TO: Sgt. Scott McGuire FROM: Officer Gerry Riccio c<� Training and Recruiting Unit DATE: 01/17/2013 SUBJECT: Ammunition Order Request 2013 I have prepared the 2013 ammunition order request. Attached you will find the requested amounts. I have also attached the sole source letter for the SPECIFIC ammunition the agency utilizes. Last year Officer Aronotwitz was requested to obtain several quotes for ammunition we do not utilize as a comparison. The ammunition was selected due to ballistic results, and the training ammunition is very similar in ballistics to duty ammunition Thus to further reduce the training cost I have attached current Florida State Contracts for comparison. The order will include the ammunition for the SWAT Team. I am aware this must go on the commission agenda. Please expedite if possible as delivery time to the agency is extensive due to demands placed on vendors. If you have any questions please contact me at your convenience. GAR Serving with P. R. i. D. E. ATK 7480 Flying Cloud Drive Minneapolis, MN 55344 October 277 2012 To whom it may concern: In reference to ATK Law Enforcement distributors in the State of Florida, Florida Bullet Inc. in Clearwater, Florida is the only factory authorized Law Enforcement Distributor in the State of Florida for CCI-Speer and Federal Cartridge products as well as Force on Force Marking cartridges. Florida Bullet Inc, is the only Law Enforcement Distributor authorized for drop shipments directly from the factory with-in Florida. Thank you for your business and interest in our products. 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Smith, Interim City Manager DATE: January 30, 2013 SUBJECT: AGENDA ITEM 8.M.6 - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 PURCHASE AWARD/ FLORIDA SPORTS CYCLE ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of three (3) replacement ATVs from Florida Sports in the amount of $22,155. BACKGROUND Replacement of Ocean Rescue Kawasaki ATVs based on age, condition, and life -to -date maintenance costs. The award is based on low bid from competitive quotes. Vendor Type Cost Contract # Florida Sports Cycle (3) 2013 Kawasaki Brute Force 650 4x41 $7,385.00 ea. Competitive Quotes Received Total $22,155.00 FUNDING SOURCE 501- 3312 -591 -64.20 (Garage Fund/Automotive/Vehicle Replacement) RECOMMENDATION Central Garage recommends the award of the three (3) vehicles to Florida Sports Cycle, for a total award amount of $22,155.00. Rumell, Kevin From: Doug Conners < doug @floridasportscycleandmarine .comma Sent; Friday, January 18, 2013 9:40 AM To: Rumell, Kevin Subject: KAWASAKI BRUTE FORCE 650 ATTN: KEVIN PRICE QUOTE ON THREE 2013 KAWASAKI KVF650FDS BRUTE FORCE BLACK, PRICE INCLUDES ALL DEALER FEES. PRICE QUOTE IS GOOD TILL FEB. 12TH 2013, TOTAL PRICE PER UNIT $7385.00, 2013 MODEL YEAR PLEASE CALL WITH ANY QUESTIONS. Sincerely, Doug Conners Florida Sports Cycle and ATV Www. flQri(l,-ist )ortscvcleandnlarine.coill 772287 -1850 ext. 106 772 - 287 -6852 fax 12/7/2012 3:44;44 PM Riva Motorsports 3671 North Dixie Highway Pompano Beach, FL 33064 Phone: (954) 785 -4820 Fax: (954) 785 -5001 Bill of Sale http://www.rivamotorsports.com Buyer Information: CITY OF DELRAY BEACH 100 NW 1ST AVE DELRAY BEACH FL 33441- --2612 Delivery Information: Phone: H:561- 243 --7332 W: $23,415.00 H: W: Sales Person:Marco Rueda peal #: Date: 12/7/2012 Stock # Yr Color Fake Model VIN Price KVF650FCS New 2012 KAWASAKI KVF650FCS $7,805.00 KVF650FCS New 2012 KAWASAKI KVF650FCS $7,805.00 KVF650FCS New 2012 KAWASAKI KVF650FCS $7,805.00 Trade In Stock # Yr Color Odom Make Model VIN Allowance Comments: Total Units $23,415.00 Total Parts & Installation $0.00 Miscellaneous Accessories $0.00 Freight $0.00 Handling $0.00 Document Preparation $349.00 Shipping Charge $0.00 Service Contract $0.00 Sales and Vehicle Taxes $0.00 License Fees $0.00 Delivery $0.00 X Subtotal $23,764.00 Buyer Signature Trade In Allowance $0.00 Trade In Payoff $0.00 X Trade in Equity $0.00 Dealership Representative Down Payment $0.00 Total Down $0.00 * *All Sales Final" Total Due $23,769.00 — Receipt of a filled '.n copy of this agreement is hereby acknowledged by purchaser. The matter printed above is the enLire agreement expressed in writing. Signature indicates acceptance to its terms. Signature certifies buyer 1s of legal age. A].]- used vehicles sold 'As is - No Warranty' . NO REFUNDS ON LAYAWAYS. — Above prices ref -ect cash payment. only. AddiLiona_ fees may be added for other forms of payment. Rumell, Kevin From: Colin Sperandio <colins@browardmotorsports.com> Sent: Thursday, December 06, 2012 6:05 PM To: Rumell, Kevin; eddied @browardmotorsports.com; jj @browardmotorsports.com Subject: 2013 KAWASAKI BRUTE FORCE 650 IS (Black) Hey Kevin, Hope all is well, I could only find the 2013.1 have one in my warehouse and would order the other two from Kawasaki.. usually 3 to 5 days and they are here. They retail for $8,299.00 And no rebates on the 13s. Figure $ 7,850 per unit delivered. I will be out the office from 12/6 thru 12/15. Please refer any questions to Eddie Datena or J.J. while I am out. I believe you have spoke with JJ before. Thank you! Colin J. Sperandio Sales Manager Broward Motorsports of Palm Beach (561) 340 -5230 Direct Line (561) 910 -5898 Fax (561) 296 -9696 Ext. 5230 colins@browardmotorsports.com -t: MEMORANDUM TO: Mayor and City Commissioners FROM: Danielle Connor, Fire Chief THROUGH: Douglas E. Smith, Interim City Manager DATE: January 17, 2013 SUBJECT: AGENDA ITEM 8.M.7 - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 PURCHASE AWARD/ NAFECO ITEM BEFORE COMMISSION Purchase of thirty -three (33) sets of replacement Firefighter Personnel Protective Equipment (bunker gear) at a cost $2,067.00 per set for a total of $68,211.00 from NAFECO (North American Fire Equipment Company). BACKGROUND Currently the Fire - Rescue Department has the thirty -three (33) personnel using Firefighting Personnel Equipment (bunker gear) that has reached the maximum recommended life span set forth by the National Fire Protection Agency, Standard 1851. The Janesville coats and pants have a built in protective system, fusion outer shell of Kevlar/Nomex, AraFlo thermal liner with Crosstech moisture barrier and are resistant to blood -borne pathogens and common chemicals. The suit is designed to shed water and other liquids and will dry quickly. It is designed to minimize firefighter fatigue and heat stress, the leading cause of firefighter deaths, and is less restrictive than other comparably priced gear. FUNDING SOURCE $53,742.00 26 sets 001 - 2315 -526 -52.18 & 64.90 $12,402.00 6 sets 001 - 2313 -522 -52.18 & 64.90 $2,067.00 1 set 001 - 2311 -522 -52.18 & 64.90 RECOMMENDATION Staff recommends approval of a purchase award to North American Fire Equipment Company as a sole provider in the amount of $68,211.00 for thirty -three (33) sets of Firefighting Protective Equipment (bunker gear). It LO m LO -� Cn M N n � 0 d 0 a 0� a Ckn O O w � .z A z w H x W � A � ch � c*1 U U�uj z �Q� wUow AA�nA� ,�:x -P� �-o z W W <r wUw� UF"U¢ W�Wo o� 7j "'O wwow� AA�nA� W —�.4 HO 00 °o 00 0 CD � Q co aa F' O N O 0 0 0 o a 0 0 0 M CO ° 00 Q � � A w w ul a o w cn v o 0 0 0 0 0 a GWWK w o, a 0 ! t ! to LU O c4 coo c M i C) i O M ❑a ! sue. N E LL. O �d z (1) m m=!"a 0 1 > LL U U a U p, U Z° L� L }J = M .— Q J t L t— R Q N N X Na 1 M TO — — Cn H 1 4--J •— L I L •— 4--) m — .—a- I I Q) L M 1W 2 0 C (0 i > L: 1 'a Q= U 14-- 7 ME V7 X 0 a) r- 1 (D u M! 4-J L Q OJ • 04--) 4-J � 1 O-o O 4J t m L, O I (n — > t7)Co ! O O 4- M4-) m 0 o)X 1 -- O a i TCL va O ca �m •� 1 a� T i 0_• -• p 4— J 1 0 -0 M Q c0 t O CL C C N 1 cp Qa ! C V7 N 0— 04-) L c I N L (B -- — t (a CD a �g; LL- N a LI-- t— Lo O t H O Cr --d .._.1 1 4J 4-J �. z(;n A F+ W z a � � o co CY) U LO un flo O.'. N x LU o. m O a U C-) nearly for acdo P a5 x s Delray Beach Fire 1e.p 501 W Atlantic Ave Delray Beach, FL 33444 - 2555 USA 7200 Poe Ave, Suite 400 Dayton, OH. 45414 Phn 600- 421 -2926 Fax 877-503-1032 * ** Custom Turnout Coat - RETAIL 2013 "* Coat Model I Design V- Force® Coat Janesville:0 V- ForceO.C:oat Coat Model I Design CVFMIF Male - CVFM -32, CVFM -35; Female - CUFF -29, CVFF -32 Coat Liner & Moisture Barrier K7 - Traditional Traditional liner, Glide"m face cloth quilted to 2.3 oz E -89"m & 1.5 oz. AraFloQ Dri, CROSSTECHO BLACK (Type 2F) PTIwE /Nomex® Pajama Check laminated membrane Coat Inner Yoke Reinforcement LYR225 (Std) Semper brio front and back yokes sewn to coat thermal liners. (RM 1377 -C.bg) (V- Force) Waterwells. Ever -Dri CLW209 Chambray DWR 2 layer AraFloO E89 quilUpajama check crosstech with 1" elastic wrist shield. W -well with 3/4" loop, male snap, sewn to coat liner sleeves. Coat Wristlets CLW753 (Std) 8" isodriO over the hand- KEVLARO I NOMEXO / Spandex0 construction Page: 9 Drag Rescue Device BHS020 (Std) DRD: Firefighter - Recovery Harness with 2" welt and 5.25x2.25 "flap with rounded corners. 'I piece '1'x2" loop for harness storage. 2 pieces 1:x2" loop on shell flap closure, 2 pieces 1 x2 hook on flap. 1 piece 1.5x2 hook on harness. 1 piece 2x2" loop underneath chest trim for harness. storage:, 1 pair 1 x3.5" self - fabric straps w th 1 x2" hook and loop. Coat Collar CR23s (Std) 3" split self fabric.coilar with CRCSSTECH® PJ fined. 2 pieces 1x3" hook on each end inside and two pieces V hook, set. 1.12" from center along top edge for liner attachment. 1.5x4" hook. &loop for front cl ©sure. V -Fit Collar Flashing CL.F221. (Std) 3" Self fabric, PJ CROSSTECH fined split collar with 2 pieces _75x3" loop on moisture barrier, multiple pieces . 75x2" loop to edge for attachment to shell.. Use with CR23.6 &. CR237 Liner lns.pecfion System GL0208 (Std) Coat liner.inspection system located at center right front of liner, with 1x44" loop. V -Fit coats MISC. Fasteners MF020 (Std) 1:5x3 "hook sawn to right front shell for the Coat Liner Inspection System - V -Fit Coat Cuff Reinforcement CC711 -BLK. Black Poly-Coated Aramid Cuff Reinforcements V -Fit Coat Elbow Reinforcement EB513 -BLK (Std) Black contoured poly coated aramid elbow patches with 1 layer GIC E -88 foam padding. V -FIT Coat Shoulder Reinforcement SC715 Self fabric shoulder caps. Coat Closure. System SF280 2.5" stormflap (Square Corners) W12 Layer self fabric& 1 lyr Gore RT7100 PTFE, therrno plastic zipper in, 1.5" hook & 1.5" loop out (zipper in, hook on coat front, loop on stormflap with poly- coated aramid tab for V -Fit coat Coat Packets Turn -Out Packets FBP651 (2) 10x10x2" Full bellow pocket w! KFVLARO twill ful.ly lined all 4 sides; 1 pc. 1x10" loop on pocket & 3 pcs 1x3" hook on flap, Item Location for Above Front bottom- Left & Right Page 2 Flashlight Strap. FLS554 1.25x8:5" self fabric. flashlite strap with 1 piece 1x2" loop an one end & 1 piece 1x2 hook on other end, 1x2 self fabric Mth 7 03 fastener hartacked 5" above strata. Item Location for Above Right Chest Lettering Patches LP34 5x18" cohtaured 2 layer self fabric one line letter patch to be attached to hem of coat. Lettering Patch Attachment LPV13 There shall be 1.5x1.8" hook sewn to top edge of 5x18 " patch and 1.5x1'$" loop sewn with while thread through the trim to coat Luck inside at hem. Lettering Patch Attachment LPS6 1 male snap at top corners of letter patch & 2 female logo snaps on inside of shell to align with the male snaps- 2 male & 2 female nonio.go snaps. Sewn On Lettering LTSL3YNS Sewn On 3 " Lima/Yellow 3MT1"" ScotchliteTm Letters (each line) 6 - 12 Alpha Numeric Name Characters Lettering Lettering small be for Last Names.. Location for Lettering On above LP34 patch Sewn On Lettering LTSL3YNS Sewn On 3" Lime}Yellow 3M7"" Scot :chlite ""' Letters (each line) 6 -12 Alpha Numeric Name Characters Lettering Lettering to read - DELRAY Location for Lettering Across yoke (LINE 1 OF 2) Sewn On Lettering LTS L3YN S Sewn On 3" Lime/Yellow 3MT " Soetchlite'l" Letters (each I[ne) 6 - 12 Alpha Numeric Name Characters Lettering Lettering to read - BEACH Location for Lettering Across yoke (LINE 2 OF 2) Mic Talc ltilMT.548 (2) 1" x 3" self fabric mic tab wl Poly- coated ararnid inside - mic tab is tracked on each end to shell. [tern Location for Above (1) Left chest; (`1) Right chest halfway between snap -hook and strap of FL S 554-. Hanger Loop HL02 (Std) 518" x 5 112" Self fabric hangerloop. "' Custom Turnout Pants - RETAIL 2fl13 *" - -- INCLUDES SUSPENDERS -- Pant Model 1 Design V- Force® Pant wf Belt PVFM/F Pant Liner & Moisture Barrier K7 r Traditional Traditional .Linea, Glider« face cloth quilted to 2.3 oz E -89Trj & 1.5 oz AraPlo® ari, CROSSTFCH@) BLACK (Type 2F) PTFEiNomex(D Pajama Check laminated membrane Liner InsPection System PL0200 (Std) Pant liner inspection system with 1x3" loop located at right side of liner waist. MISC. Fasteners MFO18 (Std) 1 x3" hook sown to right shell front for the pant liner inspection system. Pant Cuter Shell Material P1310 Matrix Natural PBI® Matrix Plus, 7.25 oz, Natural Color Pant Fly Closure FLY233 (Std) Sewn on pant FLY with PJ CROSSTECH5, closure thermo plastic zipper inside with 15' hook & loop, 314" hook underneath PJ crosstech far liner attachment. V -Fit Leg Tabs LGTOOQ -BLK (Std) 2 Black Leather leg tabs per leg with non -logo female snaps. Pant Knee Reinforcement KP21.4•BLK Black Poly coated aramid contoured knees with .2 layers G1C E -88 foam padding U -Fit_ Pant Cuff Reinforcement PC504 -BILK Black Poly - coated aramid pant cuffs and 3x3.5" kick shield. MISC. Pant Options PM0542 "Boot cut" pant legs. s�v,s�.s- Belts and Harnesses BHS013 2° wide KEVLAR© belt with 2" self - locking thermoplastic buckle with quick release mechanism. Belts and Harnesses BL007 (Std.) 3 belt loops, 4" wide by 3.5" high; 2 -layer self- fabric, double stitched to pant shell_, bartacked -all four corners Pant Pockets Turn -Out Pockets BDP903 (2) 10x1 gx2" split bellow pocket wf 2 Payers kevlar twill fully lined all 4 sides inside pocket & poly coated aramid 5" up outside on pkt, 1p.e. 1x10" loop on pocket& 3pcs. 1x3" hook on Flap. Item Location for Above Thigh -Left and light Turn -Out Pockets RPS48 2.5x6.5xl" Radio pocket with polyeotton fully lined all 3. sides inside pocket and leather 3" up inside of pocket. 1x2.5" loop on pocket, 2x3" hook horizontally on flap. 1x8" strap X- stitched 112" above radio pocket with 10,5" hook &lo.op. 3.5x6" flap set 2" above strap. Pocket to taper to 1.75" width at bottom. Slanted can siideseam towards back Item Location for Above OUTSIDE OF RT LEG 1" ABOVE CUFF - -TOP? DE PITT TILTED 2" FROM CENTER TOWARD BACK OF PANTS. Reflective Trim PTC4PT3Y 3" Lime /Yellow Ventilated Triple Trim Reflective trim around leg bottorns- 4 rows lockstitch. Suspenders SR842M 42 V -13ACK quick adjust- stretch padded suspenders, Metal Loops. - Red; APPLIES TO ALL AVAILABLE LENGTHS. MUNICIPAL EQUIPMENT COMPANY, LLC 2049 West Central Boulevard, Orlando, FL 32805 800- 228 -8448 Fax: 877-775-2448 www.MecoFire.com - MunicipalEquip @MecoFire.com QUOTE 061595 01/08/13 1 Ship To DELRAY BEACH FIRE DEPT Bil! To: CITY OF DELRAY BEACH ACCOUNTS PAYABLE 501 W. ATLANTIC AVE 100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 DELRAY BEACH, FL 33444 REFERENCE #= EXP1R; 5 : S,SP TERM$ Wh FRElGN7 , SNIP 1/IA 03/08/13 90 NET 10 DAYS 01 PREPAID LIPS Ql10TED.B.Y.; DW Q(10TED TQ. CHIEF WETZEL ITEM" "DESGRIPTlON ORDERED "UM PR10E: UM EXTENSION, "l CVFM JANESVILLE ISODRI V -FORCE 33 EA 1211.450 EA 39977.85 COAT, 32" LENGTH 7.25 OZ. PBI MATRIX NATURAL OUTERSHELL K7 LINER CLW209 EVER -DRI WATERWELLS CLW753 8" ISODRI OVER -THE -HAND KEV LAR/NOMEX/S PANDEX WRISTLETS SF280 2.5" STORMFLAP WITH TWO LAYER SELF FABRIC AND ONE LAYER GORE RT7100 PTFE, THERMOPLASTIC ZIPPER IN, 1.5" HOOK AND LOOP OUT EB513 BLACK POLY- COATED ARAMID ELBOW REINFORCEMENT WITH LITE N DRI CUSHIONING SC715 6" OUTERSHELL SHOULDER CAP REINFORCEMENT CC711 BLACK POLY- COATED ARAMID CUFF REINFORCEMENT CR236 3" SPLIT SELF FABRIC COLLAR WITH TWO PIECES .75 "X3" LOOP ON THE MOISTURE BARRIER, MULTIPLE PIECES .75 "X2" LOOP TO EDGE FOR ATTACHMENT TO SHELL (NO THROAT TAB) BHS020 DRAG RESCUE DEVICE FBP651 I 0 "X 10 "X2" FULL BELLOWS POCKETS WITH KEVLAR TWILL FULLY LINED ALL 4 SIDES, ONE PIECE I "X10" LOOP ON THE POCKET AND THREE PIECES I "X3" HOOK ON THE FLAP MT548 1 "X3" SELF FABRIC MIC CONTINUED MUNICIPAL EQUIPMENT COMPANY, LLC 2049 West Central Boulevard, Orlando, FL 32805 800- 228 -8448 Fax: 877 -775 -2448 www.MecoFire.com - MunicipalEquip @MecoFire.com DELRAY BEACH FIRE DEPT 501 W. ATLANTIC AVE DELRAY BEACH, FL 33444 DW 03/08/13 I 90 I NET IO DAYS CHIEF WETZEL CITY OF DELRAY BEACH ACCOUNTS PAYABLE 100 N.W. IST AVENUE DELRAY BEACH, FL 33444 01 I PREPAID I UPS QUOTE 061595 01/08/13 2 ITEM DESCRIPTION ORDERED, UM PRICE UM EXTENSION TAB WITH POLY- COATED ARAMID INSIDE, LEFT CHEST CT504 -PTY 3" VENTILATED LIME YELLOW SCOTCHLITE TRIPLE TRIM IN A VIZ -A -V TRIM PATTERN HL02 STANDARD 51$" X 5 -112" SELF FABRIC HANGERLOOP LTSL3YNS 3" LIME YELLOW SCOTCHLITE LETTERS SEWN ON THE YOKE " DELRAY" LTSL3YNS 3" LIME YELLOW SCOTCHLITE LETTERS "BEACH" UNDER " DELRAY" FLS554 FLASHLIGHT STRAP, 1.25'X8.5" WITH I "X2" VELCRO CLOSURE, #703 HOOK WITH SELF FABRIC HOLDER BARTACKED 5" ABOVE THE STRAP, X- STITCHED TO THE SHELL, RIGHT CHEST, WITH THE HOOK AND STRAP ABOVE THE CHEST TRIM MT548 1 "X3" SELF FABRIC MIC TAB WITH POLY -- COATED ARAMID INSIDE, LOCATED HALF WAY BETWEEN THE #703 HOOK AND THE 1.25" X 8.5" VELCRO STRAP LP34 5 "XI 8" ONE LINE HANGING LETTER FOR PLACEMENT ON THE HEM LPS6 TWO SNAP ATTACHMENT FOR LP34 LPV 13 VELCRO ATTACHMENT FOR LP34 LTSL3YNS 3" LIME YELLOW SCOTCHLITE LETTERS SEWN ON CONTINUED MUNICIPAL EQUIPMENT COMPANY, LLC 2049 West Central Boulevard, Orlando, FL 32805 800 - 228 -8448 Fax: 877 - 775 -2448 www.MecoFire.com - MunicipalEquip @MecoFire.com $ hrp Q DELRAY BEACH FIRE DEPT 8i!! TO :.` CITY OF DELRAY BEACH 1 4?70_._ :::.............: ACCOUNTS PAYABLE 501 W. ATLANTIC AVE 100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 DELRAY BEACH, FL 33444 03/08/13 1 90 I NET 10 DAYS DW I { UQTED TO::I CHIEF WETZEL THE LP34 FOR THE PERSON'S LAST NAME PVFM JANESVILLE ISODRI V -FORCE PANT WITH BELT 7.25 OZ. PBI MATRIX NATURAL OUTERSHELL K7 LINER BHS013 2" WIDE KEVLAR BELT WITH 2" SELF - LOCKING THERMOPLASTIC BUCKLE WITH QUICK RELEASE MECHANISM BL007 3 BELT LOOPS, 4" WIDE X 3.5" HIGH, 2 -LAYER SELF FABRIC, DOUBLE STITCHED TO THE PANT SHELL, BARTACKED ALL FOUR CORNERS FLY233 SEWN ON PANT FLY WITH PJ CROSSTECH AND SEMPERDRI, THERMOPLASTIC ZIPPER CLOSURE INSIDE WITH 1.5" HOOK AND LOOP, 314" HOOK UNDERNEATH PJ CROSSTECH FOR LINER ATTACHMENT KP214 BLACK POLY - COATED ARAMID CONTOURED KNEES WITH 2 -LAYER GIC E -88 FOAM PADDING PC504 BLACK POLY - COATED ARAMID CUFF REINFORCEMENT BDP903 10 °X10 "X2" SPLIT BELLOWS POCKETS WITH 2 -LAYER KEVLAR TWILL FULLY LINED ALL 4 SIDES INSIDE POCKET & BLACK POLY- COATED ARAMID 5" UP OUTSIDE ON THE POCKET, ONE PIECE 1 "X 10" LOOP ON THE 01 I PREPAID I UPS QUOTE f Number - ::`:.1 061595 1 33 1 EA 1 856.950 I EA 01/08/13 3 28279.35 CONTINUED MI INIMPAI FGlI11PMFNT C'_nMPANY I I r.. 2049 West Central Boulevard, Orlando, FL 32805 800 -228 -8448 Fax: 877-775-2448 www.MecoFire.com - MunicipalEquip @MecoFire.com Ship 7a ._ DELRAY BEACH FIRE DEPT 811 lo: __; CITY OF DELRAY BEACH 1 4170 ACCOUNTS PAYABLE 501 W. ATLANTIC AVE 100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 DELRAY BEACH, FL 33444 03/08/13 90 1 NET 10 DAYS 01 PREPAID UPS QCIOTED BY:'; DW QUOTED Tl — CHIEF WETZEL POCKET AND THREE PIECES 1 "X3" HOOK ON THE FLAP LGT000 2 LEATHER LEG TABS PER LEG WITH NON -LOGO FEMALE SNAPS PTC4 -PTY 3" VENTILATED LIME YELLOW SCOTCHLITE TRIPLE TRIM AROUND THE CUFFS PM0542 BOOT CUT PANT LEGS RP848 KLEIN TOOL POCKET LOCATED ON THE SIDE OF THE RIGHT LEG 1" ABOVE THE CUFF AND THE TOP OF THE POCKET TILTED 2" FROM CENTER TOWARD THE BACK OF THE PANT SR842M 42" V -BACK QUICK ADJUST ADJUST SUSPENDER SEW ON EMBLEM LION TOTAL CARE SEW "343" EMBLEM ON THE OPPOSITE SHOULDER FROM THE ISODRI EMBLEM ERGGB5005P GEAR BAG, RED, 600D POLY PRICES QUOTED INCLUDE FREIGHT AND MEASURING OF ALL PERSONNEL. PER LAKE COUNTY CONTRACT# 12- 0806M. 68257.20 THIS QUOTE IS VALID FOR DAYS 33 1 EA 33 1 EA .00 1 .00 QUOTE 061595 01/08/13 4 .000 EA 00 .000 EA I .00 .00 1 68257.20 MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: Douglas E. Smith, Interim City Manager DATE: January 30, 2013 SUBJECT: AGENDA ITEM 8.M.8 - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 PURCHASE AWARD/ INDUSTRIAL DESIGN RESEARCH ITEM BEFORE COMMISSION City Commission approval is requested to purchase four Surveyor JR standard model movable lifeguard towers from Industrial Design Research in the amount of $47,420.00 including shipping. BACKGROUND In previous years, Ocean Rescue had movable lifeguard towers that could be placed closer to the shoreline for surveillance after beach renourishment. In the last decade, these movable lifeguard towers were replaced with permanent structures. These permanent towers are situated at a distance from the water which increases significantly after a renourishment. The increased distance between the water and lifeguard towers dangerously increase response times and limit patron surveillance. Placing the portable Surveyor Towers along the shifting and expanded shoreline will create reasonable vantage points for the Ocean Rescue Staff to maintain the level of surveillance needed for continued provision of public safety. The quotation attached is for the Surveyor JR Base Model- $10,230.00 which is the least expensive model option available. This quote at $47,420.00 includes the shipping and cost of four towers. A detailed diagram including dimension, pictures and detailed descriptions is also attached. As the only current provider of this product a document describing Industrial Design Research as a sole source is also included. These towers will be necessary for the Ocean Rescue Division to provide reasonable patron surveillance and ensure public safety after the beach expansion that will occur with the scheduled renourishment proj ect. FUNDING SOURCE Funding is available from account number: 001 - 4123 -572 -63.40 (Ocean Rescue Recreation Improvements) - $47,420.00 RECOMMENDATION Staff recommends Commission approval to purchase four Movable Lifeguard Towers in the amount of $47,420.00. ROM : PHONE Nil, Jan. 2:3 2013 04:45PM P1 �; is RIPak \I1 = ����. ���I 1121 Wes',.. ba ^... ;n i:A: ";.if: cii•`.:,: x �t�' 1-45 8137 �h-:'F1� ., .: :if. ^. C�.' SPs l:g3p?;�i i7 �': • to L',"..�.144. "Y i.i•'n .• .. , . � .... Sr0 04111 January 24, 20'13 James Scafa Superintendent of Ocean Rescue City of Defray Beach Delray Beach, FL QUOTATION Surveyor JR sUndartd model galvanized steel support structure, stainless steel 30 degree ladder and rails, standard color: Newport White $10 :230.00 X4=$40,920.00 Palletize, load and transport 3,500.00 TOTAL: $47,420.00 Quotation good for 30 days "terms: net 15 (after delivery and inspection) CONDITIONS OF SALE (APPROVAL SIGNATURE RE{3WRED) 1. Buyer shall properly operate and maintain each tourer per Urs guidelines, as updated from time ro time. 2. Bayer shall be solely responsible for denying access to each tower to the public. Oniy persons authorized by Buyer shall be allowed access to each lower. The towers are not designed for public use. 3. Buyer shall indemnify and hold IDR harmless for any and alf damages, ctaims, causes of aetiOn and injuries by any person who is not an authorized agent of Buyer as a result of any contact with a tower, excluding any patent defects in a tower. 4, Buyer is soleiy responsible for the deployment of and saturing ;tae towers against enuitonrnental and waather conditions. Quotation, terms and conditions of sale approved by: Signed TMe Date INDUSTRIAL DESIGN RESEARCH SURVEYOR JR. FE X T U,'R S Molded interior bench seat Ma Lockable interior storage box qa 1/4" solar gray tempered glass widows set at 15 degree inclination Exterior observation deck 1. r_3 Polished stainless steel ladder and railings Stainless steel latches, hardware and fasteners TIR Hot - dipped galvanized steel support structure and skids With zinc plated fasteners H Sliding window for ventilation and exterior window washing 0 Large roof vent hatch t Hatches, door, and shutter designed for rnaximurn a� = resistance to vandalism and i ease of operation :w Provision for location of binoculars, radio, etc. Exterior observation deck 1. r_3 Polished stainless steel ladder and railings Stainless steel latches, hardware and fasteners TIR Hot - dipped galvanized steel support structure and skids With zinc plated fasteners H Sliding window for ventilation and exterior window washing S UF,' 7E�YO -f; PRICING I OPTIONS 7' 6' 14 f0' 6 r,¢ - - Ills, STANDARD MODEL galvanized steel support structure, stainless steel $10,230,00 300 ladder and rails, standard color: Newport White 13 FRONT DECK MODEL galvanized steel support structure, stainless steel $12,616.00 300 ladder and rails, standard color: Newport White C07:910 If F-i m 304 grade stainless steel support structure $3,235.00 * custom sliding rear window with vandal resistant shutter 1,008.00 * roof insulation 1 1f2" urethane foam 467.00 * ramp: 16 degree angle, 14' long, non -skid fiberglass runway, stainless steel truss structure with pivot adapters 2,992.00 ® 30 degree fold -up locking ladder 1,020.00 * pyramid style roof 285.00 * alternate colors quoted per selection NDUSTRIAL ESIGN ESEARCH FROM : PHONE NO. N 1) U 5 A I E 3<2: 3\v6t %W.m A:A, cA 5 -f ' : 0 >5% To Whom It may concern, Jan. 23 2013 04:46PM P2 .,sue . E To the best of our knowledge, industrial design Research is prosently tl,e only designer and manufacturer of pre - fabricated fiberglass lifeguard observation towers within the United States. We presently sell products to the federal Paris Systems, c4lr;s, counties and state agencies in California, Hawaii, and Florida, as well as the United States Military. Many of these organizations have searched for competitive manufacturers and have ail eventually advised us that we are indeed the only source for this type of product. We are also receiving inquires from Southeast Asia, the Mediterranean and Gulf States in the Middle East; leading us to believe that there may not be foreign. manufacturers either. The 1.0.R_ lifeguard observation towers, marketed under the narne 'Surveyor' incorporate a number of distinctive features and options including integral rescue board lockers, passive ventilation systems, light weight ramps, unique vandal resistant shutters and latching systems, and patented manufacturing technoiogy. Surveyor towers are available with Opti -gray glass, which provides 92% ultra violet screening and significantly reduces damage to the cornea. I.D.R. has, at its own expense, designed and developed unique tower configurations in response to specific heeds as described by representatives of the State of California. These include a design for a tower with a laterally mounted integral ramp and towers fitted with wheels and tow hitches instead of skids, Industrial Design Research provides certified laboratory test results to verify structural and materials specifications when required. I.D.R. markets its products directly and has no distributors or subsidiaries. Cordially, Dave Stollery, President Industrial Design Research I.D_R_ tax I.D. 96- 3862$41 ANALYSIS AND RECOMMENDATION OF $2,000,000 BEACH RESTORATION AND PRESERVATION BOND ISSUE BY BEACH EROSION TASK FORCE OF `DELRAY BEACH HISTORY For the past decade, Delray Beach has suffered from extensive beach erosion. Delray.'s beautiful public beach of the 1950's has eroded to the Pointwhere -today little or no publi c beach exists. The State Legislature, aware of the critical problem of beach erosion throughput Florida, adopted legislation in 1965 to provide for local taxing districts to be estab- lished to raise local funds to combat beach erosion. The County Commissioners of Palm Beach County, pursuant to. this state law, placed the question of creating a county -wide beach erosion Control district on the November 2, 1971 ballot: This .proposal did not pass. In the wake of the November 2nd .defeat, the Beach Erosion Task Force was created by the Delray Beach Chamber of Commerce to expedite a program to restore our beach in Delray, and to approve or disapprove a plan of action of beach restoration. - On December 30, 1971, Mr_ J. Eldon Mariott, City Manager, Proposed that the City of Delray Beach proceed with a beach restoration program in full compliance with County, State and Federal (U.S. Army Corps of Engineers) rules, regulations, and specifications, so that unlike the past, the cost will not be borne by Delray Beach alone, but will be shared by the County, State and Federal governments. BEACH RESTORATION AND PRESERVATION BOND ISSUE An integral part of the City Manager's Plan of action asks the voters of Delray Beach to approve a beach restoration and preservation bond issue in the amount of $2,000,000, By law, the State and Federal governments will participate in the cost of the beach restoration only after a local public body, in this instance the City of Delray Beach, first agrees to Participate in the financing of the Prolect. The State of Florida and the Federal government only assist those communities which demon- strate they are willing to help themselves. On January 10, 1972, the Delray Beach City Council unanimously (5 -0) approved the beach restoration program Presented by the City Manager. Two weeks later, Council voted to place the $2,000,000 Beach Restoration and Preservation Bond Issue before the voters on Tuesday, March 14. The maximum cost of the bond issue to the property owner in Delray Beach will be 3/4 of a mill, assuming no financial assistance from the County, the State of Florida, or the United States sovernment. However, assuming full financial assistance from the County, the State of Florida and the United States government, passage of the bond issue will impose no additional cost to the property owner in Delray Beach! _ All agree that Delray must act now to restore and preserve the town's single most important asset. Delray cannot waif another indeterminable period of time and hope the County will take action. The State will not assist us financially unless we first act to help ourselves.`A Proiect of this magnitude normally takes five years from initiation to completion. Defray has no alternative but to proceed on its own initiative, and thereafter obtain financial reimbursement from the County; the State and the United States government, 'which procedure conceivably could permit completion during 1972.. BEACH RESTORATION PLAN The City's plan for curing its beach erosion Problems calls for artificial nourish- ment, which has been recommended bythe Corps of Engineersr and which has proven successful elsewhere, plus installation !of structures to help hold the sand if the results of surveys now underway, upon analysis, indicate the structures are needed. CONCLUSION In conclusion, the Beach Erosion Task Force of Delray Beach urges every regis- tered voter in Delray Beach to pause and consider what the loss of our beach means to each one of us. Where will our children play without a beach? Where will adults and fami lies gather for relaxation? And economically, how will the loss of our beach affect the value of our homes and our businesses? After examining the past success of thG' Proposed ,'Plan for beach restoration and preservation, after carefully considering the prospects for County, State and Federal financial Participation in the cost of this_•program, and, finally, after considering the adverse effect to this community wiliout a beach, the Tast Force urges you to vote "FOR" the Beach Restoration and Preservation Bond Issue on March 14. Respectfully submitted, BEACH EROSION TASK FORCE ROBERT D. CHAPIN, CHAIRMAN MARSHALL M. DeWITT JACK L. SAUNDERS LEON M. WEEKES AGENCIES WHICH HAVE TO APPROVE THE BEACH EROSION PROGRAM: State Department of Natural Resources; Trustees of the Internal improvement Fund State Air and Water Pollution Control U.S. Army Corps of Engineers. Palm Beach County Erosion Prevention District. Fish and Wildlife Service. U.S. Fish and Wildlife Service. Florida Game and Fresh Wafer Fish Commission, Tallahassee. Florida Game and Fresh Water Fish Commission, Vero Beach. Bureau of Commercial Fisheries. Sanitary Engineer, Bureau-of Entomology. Federal Water.Pollution Control Administration. State Hoard of Health. Department of Health, Education and Welfare. Florida Outdoor Recreational Council Florida Board of Conservation. Bureau of Outdoor Recreation. MEMORANDUM TO: Mayor and City Commissioners FROM: Candi Jefferson, Senior Planner Paul Dorling, AICP, Director of Planning & Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: January 29, 2013 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 WAIVER REQUEST/ MCDONALDS RESTAURANT ITEM BEFORE COMMISSION The action requested of the City Commission is approval of a waiver to LDR Section 4.6.8 (Lighting) to allow 47.5 foot candles where a maximum of 12.0 foot candles is allowed on -site, and 40.2 foot candles where a maximum of 0.25 foot candles is allowed as spillagefor McDonald's Restaurant located at 14529 Military Trail. BACKGROUND WAIVER ANALYSIS LDR Section 4.6.8(Lighting): A site plan modification involving construction of dual drive -thru lanes for the fast food restaurant's drive -thru facilities, landscaping upgrades and parking lot modifications has been submitted for the existing McDonald's on Military Trail and West Atlantic Avenue. The applicant would like to retain the existing on -site lighting which exceeds the lighting standards. As the facility is open twenty -four (24) hours a day and there are no adjacent residential units to be impacted, the applicant requests the City to allow the existing lighting to remain unchanged. The original site was established in the County and later annexed into the City. The current photometric plan indicates a maximum foot candle level of 47.5 where a maximum of 12.0 foot candles is allowed on -site, and up to 40.2 foot candles where a maximum of 0.25 foot candles is allowed as spillage. 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: "Abutting property, as well as the surrounding area, is commercial in nature. There is no residential property in the direct vicinity of the McDonald's site. Waiving the requirement to comply with current illumination standards will not adversely affect the neighboring area. Current site lighting and illumination levels do not result in any type of safety or aesthetic issues for surrounding property owners, or current shopping center patrons. " In addition, the applicant has indicated the on -site lighting is existing and no changes are proposed to be made at this time. However, due to the significant upgrades to the parking lot, the lighting for the site would typically be reevaluated and adjusted to meet the current codes as opposed to what existed. Granting the requested waiver will not diminish the provision of public facilities and will not result in the granting of a special privilege because under similar existing circumstances the waiver would be supported, given that there is no history of lighting concerns, traffic accidents or crime - related incidents associated with the site lighting. It will not create an unsafe situation or adversely affect neighboring properties. Consequently, positive findings can be made with respect to allowing a maximum foot candle requirement of 47.5, which is above the minimum 12.0 foot candle allowance pursuant to LDR Section 4.6.8. REVIEW BY OTHERS On January 9, 2013, by a vote of 4 -3, the Site Plan Review and Appearance Board (SPRAB) recommended approval to the City Commission of the waiver request to LDR Section 4.6.8(Lighting) to allow exceedance of the maximum foot candle allowances for on -site parking and spillage, based upon positive findings with respect to LDR Section 2.4.7(B)(5). RECOMMENDATION By motion, approve the waiver to allow 47.5 footcandles where a maximum of 12.0 footcandles is allowed on -site, and 40.2 footcandles where a maximum of 0.25 footcandles is allowed as spillagefor McDonald's Restaurant located at 14529 Military Trail. 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 THE MCDONALD'S RESTAURANT LOCATED AT 14529 MILITARY TRAIL 2013. 1. These waiver requests came before the City Commission on February 5, 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for McDonald's Restaurant located at 14529 Military Trail. 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 4.6.8(A)(3) Pursuant to LDR Section 4.6.8(A)(3), parking lots in Commercial and Industrial areas shall have a maximum illumination of 12 foot candles. The applicant is asking for a waiver to allow lighting in the parking lot to have a maximum illumination of 47.5 foot candles. Should the waiver to Section 4.6.8(A)(3) be granted? ► C7 B. Waiver to LDR Section 4.6.8(B)(3)(b) 1 Pursuant to LDR Section 4.6.8(B)(3)(b), spillage of a maximum of 0.25 foot candles is allowed. The applicant is asking for a waiver to allow spillage of 40.2 foot candles. Should the waiver to Section 4.6.8(B)(3)(b) be granted? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of February 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 2 Thomas F. Carney Jr., Mayor SATE PLAN REU[EW,AND APPEARANCE BOARC MEMORANDUMTAFF REPaRT, The item before the Board is that of approval of the following aspects of a Class II Site Plan Modification for McDonald's Restaurant, pursuant to Land Development Regulations (LDR) Section 2.4.5(G)(1)(b): • Site Plan; • Landscape Plan; and, • Waiver Request The subject property is located on the west side of Military Trail, north of West Atlantic Avenue. AIMfiGR4iJN© /ANALYSIS The subject parcel consists of 0.99 acres and contains a 3,858 sq. ft. building which was constructed in 1981 as a food franchise. It is an out parcel within a 255,674 sq. ft. shopping plaza. Other uses within the shopping plaza include, but are not limited to a Winn -Dixie grocery store, retail stores, a gas station and convenience store, several banks and additional restaurants. The entire shopping plaza measures 30.3 acres. PIiO.ET DESCRIPTIQN The development proposal consists of the following: • Construction of one (1) additional drive thru lane measuring ten feet (10') wide • Convert ten (10) standard spaces to eleven (11) sixty degree (60 °) angle parking spaces • Removal of three (3) existing standard parking spaces adjacent to the main entry • Reconstruct handicap walkway access and reconfigure two (2) handicap parking spaces • Restripe eight (8) existing sixty degree (60 °) angle parking spaces for ten (10) spaces • Seal, coat and restripe entire parking lot • Relocate existing transformer to accommodate drive -thru lane design SPRAB Staff Report of January 9, 2013 McDonald's Restaurant - Class EI Site Plan Modification • Relocate and install associated new signage and menu boards for drive thru lanes • Relocate existing curb and gutter • Associated landscaping improvements The development proposal also includes the following waiver requ The applicant is requesting a waiver to LDR Section 4.6.8(A)(3) (Table 2) to allow exemption from compliance with the current lighting and minimum and maximum foot candle requirements for improved commercial parking lot areas. SATE PLAN IVIO ©11= 1ATIO:N ANALir'SIS.. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application /request. LDR Section 4.3.4(K) Development Standards Matrix — Nonresidential Zoning Districts: The overall shopping center site does not comply with LDR Section 4.3.4(K) as it pertains to the PC (Planned Commercial) zoning district, due to preexisting non conformities. Within the Four Corners Overlay District, typically a Master Development Plan is required. However, this minor Class Ii Site Plan modification did not justify the need for separate processing and approval of a Master Development Plan. It is noted that the overall development site (i.e., shopping center) generally complies with the minimum guidelines per LDR Section 4.3.4(x) Development Standard Matrix for Non - residential zoned property for the PC Zoning_ District, with the exception of open space, as indicated below: PC Min. Lot Min. Lot Min. Lot Min. Lot Min. Open Setback Size Width Depth (ft.) Frontage Space ( %) Setback (s .ft. (ft. ) (ft.) ft. ft. ft. 6,000 10 10 0 Required 10,000 50 100 50 25 Provided 1,319,868 1,240.01 1,282.31 1,240.01 16 Min. Floor Min. Front Min. Side Min. Side Min. Area Setback Street Interior Rear (sq.ft.) (ft.) Setback Setback Setback ft. ft. ft. 6,000 10 10 0 10 255,674 53'6" 71'0" 45'9" 32'0" Similarly, the overall development has some existing nonconformities with respect to the minimum guidelines per LDR Section 4.4.9 (Development Standards Matrix /Non- Residential Page 2 of 8 SPRAB Staff Report of January 9, 2013 McDonald's Restaurant - Class I I Site Plan Modification Zoning Districts) for property located within the Four Corners Overlay District as follows: Four Corners Min. Site Max. Lot Perimeter Perimeter Perimeter Overlay District Area Coverage ( %) Frontage Non - frontage Interior Setback (ft.) (acres) — includes Landscape Landscape Parcel ....... .......... ........... ........ .......pavement ......_.. Buffer (ft.) ........ Buffer (ft.)... _ Buffer ..(.ft.)- ...... Provided 43,337 197 (%) R /NONR 14 Required 4.0 75 30 40/25 25 Provided 30.3 84 3 515 5 Min. Building Min. Non- Max. Density Max. Min, Max. Bldg. Height Front Residential per acre Residential Workforce Height (ft.) Setback (ft.) Floor Area (units) Mixed -Use Housing Units (ft.) Required ( sq.ft.) 50 Component (%) 25 Provided 43,337 197 (%) 197 14 30/40 4,000 30 75 20 60 53'6" / 71'0" 810 N/A 0 N/A 25 It is noted that the subject parcel (i.e. McDonald's Restaurant) generally complies with the minimum guidelines per LDR Section 4.3.4(K) Development Standard Matrix for Non - residential zoned property for the PC Zoning District, with the exception of open space and minimum floor area, as indicated below: PC Min. Lot Min. Lot Min. Lot Min. Lot Min. Open Setback Size Width Depth (ft.) Frontage Space ( %) Setback (sq.ft. (ft.) ft. (ft.) Required 10,000 50 100 50 25 Provided 43,337 197 220 197 14 Min. Floor Min. Front Min. Side Min. Side Min. Area Setback Street Interior Rear (sq.ft.) (ft.) Setback Setback Setback (ft.) ft.) (ft-) 6,000 10 10 0 10 3,858 131 64 33.42 50.45 Preexisting nonconformities may remain, but shall not be increased. Plans do reflect that the proposed changes for the McDonald's restaurant parcel will marginally increase the existing open space provided from 6,041 sq. ft. (13.93 %) to 6,084 sq. ft. (14.03 %). Thus, the subject site is found to be in compliance with the minimum standards for the LDRs and does not Page 3 of 8 SPRAB Staff Report of January 9, 2013 McDonald's Restaurant - Class II Site Plan Modification increase any existing nonconformities. LDR Article 4.6 — Supplemental District Regulations: Parking Requirements: ........ ...... .. LDR_ Section 4,6. 9(C) .(3)(e) _.states that._the number _of required_..par king spaces-for shopping centers is based upon the size of the center per gross leaseable floor area, irrespective of uses. In such case, the gross leaseable floor area for the subject site (255,674 sq. ft.) shall provide four (4) spaces per one thousand square feet (1,000 sq. ft.). Therefore, 1,023 spaces are required and 1,283 spaces currently exist on -site. There is a 260 space parking surplus for the overall development site. Thus, this standard is met. Site Plan Technical Items: While revised plans have accommodated most of staff's concerns, the following items remain outstanding and will need to be addressed prior to site plan certification: 1. Provide dimensioned details of the existing free - standing light fixtures and wall mounted light fixtures to accompany the existing photometric plan. 2. Remove all Palm Beach County zoning and parcel data referenced on the overall master site plan (Sheet C -100) associated with a previous project approval. 3. Graphically depict double- striping on the civil improvements plan and the landscape plan, in addition to the site plan. 4. The dimensioned setbacks and the information provided in the site data chart on Sheet C-101 do not match. Dimension the front setback on the site plan and modify site data chart for consistency with the dimensioned plans. Preliminary Engineering Technical Items: While revised plans have accommodated most of staff's concerns, the following items remain outstanding and will need to be addressed prior to site plan certification: Provide note that parking layout and striping needs to follow City of Delray Beach current standards. Provide latest Parking Lot Detail RT 4.1 and Typical Parking Space Details RT 4.2 A thru C, as applicable on Civil Plans. On plan view, indicate double stripping at parking spaces. 2. Indicate location of existing water service and water meter. 3. Indicate location of existing sanitary sewer service and cleanouts. 4. Provide detail sheet with City of Delray Beach current Standard Construction Details as applicable. Details can be found on the City's webpage. Page 4of8 SPRAB Staff Report of January 9, 2013 McDonald's Restaurant - Class 11 Site Plan Modification WAIVER ANALYSIS . Lighting (LDR Section 4.6.8); A photometric plan is required to meet the requirements of LDR Section 4.6.8. The maximum height for freestanding light poles is twenty -five feet (25').' A photometric plan has been .................. ......... provided; however; it does not meet the maximum 12.0 foot candle allowance. The photometric- plan currently demonstrates a maximum foot candle level of 47.5. Therefore, the photometric plan exceeds the maximum foot candle allowance by 35.5 foot candles. Thus, provision of a photometric plan which meets the maximum foot candle threshold is required to comply with LDR Section 4.6.8, unless the requested waiver outlined below is approved: Waiver Analysis: A waiver has been requested to allow the photometric plan to exceed the maximum 12.0 foot candle requirement pursuant to LDR Section 4.6.8(B)(3)(c). 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: "Abutting property, as well as the surrounding area, is commercial in nature. There is no residential property in the direct vicinity of the McDonald's site. Waiving the requirement to comply with current illumination standards will not adversely affect the neighboring area. Current site lighting and illumination levels do not result in any type of safety or aesthetic issues for surrounding property owners, or current shopping center patrons. " In addition, the applicant has indicated the on -site lighting is existing and no changes are proposed to be made at this time. However, due to the significant upgrades to the parking lot, the lighting for the site would typically be reevaluated and adjusted to meet the current codes as opposed to what existed in 1981 (thirty -one years ago) at the time of construction. To date, there has been no indication that the existence of 47.5 foot candle areas create a glare onto the adjacent right -of -way (Military Trail) that would result in an unsafe situation. Pursuant to LDR Section 4.6.8(13)(3)(b), since the McDonald's Restaurant is an outparcel adjacent to the public right -of -way, the perimeter of the property should be lit no more than 0.25 foot candles to prevent spillover onto abutting parcels or Military Trail. Currently, foot candle readings as high as 40.2 foot candles are prevalent along the perimeter of the property in the rear and as high as 11.4 foot candles are emitted along the front perimeter of the property (adjacent to the public right -of -way). As noted already, to date, there has been no indication that the light spillage onto Page 5 of 8 SPRAB Staff Report of January 9, 2013 McDonald's Restaurant - Class II Site Plan Modification the adjacent right -of -way (Military Trail) results in an unsafe situation. The chart below demonstrates the differences between what is being proposed and what is required via LDR Section 4.6.8. Site Lighting I Photometric Plan Maximum (fc) Minimum (fc) Sr)illaae (Max.) LDR Section 4.6.8 (required) 1 12.0 1 1.0 1 0.25 McDonald's 47.5 1 2.9 1 40.2 It should be noted that the applicant bases their claim for exemption from the current lighting code on existing nonconformities identified in LDR Section 1.3.4. (Nonconforming Structures). However, this code section is not applicable to the proposed site improvements because no changes are being made to the existing structure. Similarly, no changes are being made to the existing use (LDR Section 1.3.3. — Nonconforming Uses). However, applicable sections of the code include those related to parking lot upgrades identified in LDR Sections 4.6.9(D)(8) and (9). Specifically, in LDR Section 4.6.9(D)(8)(f), it clearly indicates that parking lots not deemed in compliance at the time of adoption of the ordinance (5/1512001) shall be brought up to current code standards within three (3) years of the effective date or by 511512004. More importantly, LDR Section 4.6.9(D)(9) calls for lighting of all parking lots be provided pursuant to current lighting standards identified in LDR Section 4.6.8. In any event, granting the requested waiver will not diminish the provision of public facilities and will not result in the granting of a special privilege because under similar existing circumstances the waiver would be supported, given that there is no history of lighting concerns, traffic accidents or crime - related incidents associated with the site lighting. It will not create an unsafe situation or adversely affect neighboring properties. Consequently, positive findings can be made with respect to allowing a maximum foot candle requirement of 47.5, which is above the minimum 12.0 foot candle allowance pursuant to LDR Section 4.6.8. LANDSCAPE KLAN 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 revised landscape plan has been evaluated and approved by the City Landscaping Department. Thus, the proposed development can be found in compliance with applicable requirements of LDR section 4.6.16. SSEST AD CCLUION O The proposed changes to the McDonald's Restaurant out parcel are relative to the provision of an additional ten foot (10') drive thru lane. The site has been redesigned and parking has been adjusted to accommodate the additional drive thru lane. The resulting changes will improve handicap access and parking, as well as provide a significant improvement to the parking lot and existing landscaping. With the provision of a revised photometric plan which complies with LDR Section 4.6.8, a positive finding with respect to compliance with the Comprehensive Plan and the Land Development Regulations can be made. Page 6 of 8 SPRAB Staff Report of January 9, 2013 McDonald's Restaurant - Class 11 Site Plan Modification ALTERNATIVE ACTIONSI A. Move postponement of the Class 11 site modification, landscape plan and waiver request for McDonald's Restaurant, by electing to continue with direction. B. Move approval of the Class 11 site modification, landscape plan and waiver request for IVIeDonald'-s- Restaurant, by -adopting the -- findings of fact-and Law contairied itr -the staff--------- report, and finding that the request is consistent with the Comprehensive Plan and complies with the criteria set forth in the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the Class II site modification, landscape plan and waiver request for McDonald's Restaurant, 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 comply with the criteria set forth in the Land Development Regulations. STAFF RECQMMENDATION By Separate Motions: Waiver: Move a recommendation of approval to the City Commission for the waiver request to LDR Section 4.6.8 Lighting for the McDonald's Restaurant, 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 does meet criteria set forth in Section 2.4.7(8)(5) of the Land Development Regulations. Site Plan. Move approval of the site plan for McDonald's Restaurant, 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 Section 2.4.5(G)(1)(b) of the Land Development Regulations, subject to the following conditions: 1. Provide dimensioned details of the existing free - standing light fixtures and wall mounted light fixtures to accompany the existing photometric plan. 2. Remove all Palm Beach County zoning and parcel data referenced on the overall master site plan (Sheet C -100) associated with a previous project approval. 3. Graphically depict double - striping on the civil improvements plan and the landscape plan, in addition to the site plan. 4. The dimensioned setbacks and the information provided in the site data chart on Sheet C -101 do not match. Dimension the front setback on the site plan and modify site data chart for consistency with the dimensioned plans. 5. 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 Page 7 of 8 SPRAB Staff Report of January 9, 2013 McDonald's Restaurant - Class II Site Plan Modification RT 4.2 A thru C, as applicable on Civil Plans. On plan view, indicate double stripping at parking spaces. 6. Indicate location of existing water service and water meter. 7. Indicate location of existing sanitary sewer service and cleanouts. 8. Provide detail sheet with City of Delray Beach current Standard Construction Details as applicable. Details can be found on the City's webpage. Landscape Plan: Move approval of the landscape plan for McDonald's Restaurant, 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 Section 4.6.16 of the Land Development Regulations. Attachments: • Survey • Demolition Plan • Master Site Plan • Proposed Site Plan • Proposed Landscape Plan • Waiver Justification Letter Staff Report Prepared by: Candi Jefferson, Senior Planner Page 8 of 8 CORPORATE PROPERTY SERVICES, INC. 1233E. NEWPORT CENTER ©RIVE • SUITE 1 13 • DEERFIEL-D BEACH, FLORIDA 32442 I WAIVER JUSTIFICATION STATEMENT LDRCT N4.6.8. A 3 (TABLE 2) GHTING (� s 'Delray Beach' —Four Corners Overlay District Delrav Beach. Florida 11 November 15, 2012 11 McDonald's has launched a nationwide campaign to revitalize and re -image many existing restaurants and is currently proposing to enhance this McDonald's by improving the function and visual appearance of the existing drive thru. The proposed improvements include a new drive thru configuration, with a dual drive thru lane, which will enhance service and provide additional vehicle stacking capacity. The new side by side configuration will allow vehicles to move through the drive thru process with greater efficiency, while providing better coordination with the kitchen. It will also enable more vehicles to stack in the drive thru, which will help to reduce the length of the queue, and in turn will eliminate the conflict with cars backing out of parking spaces adjacent to the building. The alterations to the site, as described above, are minor modifications to the previously approved site plan. The overall shopping center site contains a surplus of 260 parking spaces, as well as a cross access agreement between the shopping center landlord and anchor tenants. Although there is a surplus of overall shopping center parking, an agreement for additional onsite parking spaces for the McDonald's parcel could not be obtained. Therefore, in order to maintain the existing 45 onsite parking spaces, as well improve the drive thru configuration, McDonald's is proposing to modify the landscape island, to create the four additional spaces, thereby enabling the 45 onsite spaces to remain. This minor modification was accomplished by shifting the landscape island to the south and decreasing the drive aisle. The existing site access, the building footprint and the - parking lot site lighting will not been altered, relocated or enhanced . in order .to -. accommodate these minor modifications. The current restaurant was developed in compliance with the Palm Beach County Unified Land Development Code. The property has since been annexed into the City of Delray Beach and is now regulated by the respective Land Development Regulations. Section 4.6.8. A.3 (Table 2) of the Delray Beach Laud Development Regulations requires commercial parking lots to provide the following illumination. standards: Maximum Illumination: 12.0 footcandles Minimum Illumination: 1. _0 footcandles Maximum/Minim-am: 12:1 Average/Minimum: 3-1. [°54] 426-5144 o FAX i954) 570 -9291 REGLIL.:TGRY LArlO USE CONSUL T,ANT DER "F1F1 E 0 GENERAL... rONTRACTOR CDC 04427% Site lighting, as shown on the attached photometric plan, is representative of existing onsite conditions. Illumination levels currently exist as follows: Maximum Illumination: 47.5 footcandles Minimum Illumination: 2.9 footcandles Maximum/Minim-um: 16:38 The McDonald's restaurant originally opened on October 5, 1981. The existing light poles; ligliT EK -Nires and 111ufrlifafion conditions on site are7e a nonconorrnug,�6asce ___...:-:_-•------:_-- the current Delray Beach code. Section 1.2.3 Nonconforming Structures stipulates, nonconforming structures which were lawful on September 1, 1990, may be continued based on certain provisions: the structure shall not be altered or enlarged in any way which increases its nonconformity- In addition, should the structure be moved, it shall thereafter conform to the requirements for the zoning district in which it is located. The existing light poles, light fixtures and illumination conditions are not being altered, enlarged or moved., in conjunction with the drive thru lane and landscape island modifications. Moreover, the light poles and light fixtures are not being repaired so the current replacement cost threshold in the code does not apply in this instance. Therefore, based on Section 2.4.7 (B) of the Delray Beach Land Development Regulations, McDonald's Corporation would like to respectfully request a waiver to Section 4.5.8. A -3 (Table 3), so that current code illumination standards are not a compulsory condition to the proposed drive thru lane and landscape island modifications. (a) Shall not adversely affect the neighboring area. Abutting property, as well as the surrounding area, is commercial in nature. There is no residential property in the direct vicinity of the McDonald's site. Waiving the requirement to comply with current illumination standards will not adversely affect the neighboring area. Current site lighting and illumination levels do not result in any type of safety or aesthetic issues for surrounnding property ov�rners, or current shopping center patrons. (b) Shall not significantly diminish the provision of public facilities. Public facilities are not impacted by current lighting and illumination conditions. (e) Shalt not create an unsafe situation. Current lighting poles, light fixtures and illumination levels do not pose any safety issues. In fact, the existing illumination levels are higher than restricted by the current code. Higher footcandle levels can serve as a deterrent to potential criminal activity. (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. Similar lighting and illumination conditions exist on other commercial properties within the City of Delray Beach, in relation to parcels that were annexed into the City from the unincorporated area. As such, waiver approval to maintain current illumination conditions, in light of the proposed minor drive thru lane and landscape island modifications, would not confer a special privilege on the McDonald's property--. 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QV� 31yL$ / �IVN4 A'41•V1111116 kj rs e �n - Ava13a 4a 77N —, HH p 6 ai z4 a Id w- m O O O X O ac gs lu d_ v 4 n � w e . o ia b ?� W mg N alw �N 6 ai z4 a J w- m O O O X O ac gs lu w� I8 <. h Q �w ?� W mg N alw �N �5: m J 6 ai z4 a J w- m O O O X O 6 ai H�� NVId m 4 Oil vsn s;U IVNOQOYV = o _ "JUE toploossv pue 3.f ;ra II 1 F SMJi3A01OHd dbd tl3 Jbd3ild I WOH -bILUN ❑�❑ JNIISIX�] 06£0 -600 AV21130 U ga t( !I j I v p4 I 5 ps _ 8 IIIIEni rymn z mm .lH:[$[ q I Ig $ x ix oEEc ) rr "` tli3 83 tP I� i � lllli� / 7 � �u-W s n� tr _ �g °z qq sy S hij p EI ll t n n �R y LA r o� �o �w c� ao z r 1 MENNEN 11 "111 IF ova W w - na qq sy S hij p EI ll t n n �R y LA r o� �o �w c� ao z r 1 MENNEN 11 "111 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Douglas E. Smith, Interim City Manager DATE: January 22, 2013 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 WAIVER REQUEST / 14TH ANNUAL DELRAY BEACH GARLIC FEST ITEM BEFORE COMMISSION Commission is requested to consider approval of a waiver to LDR's Section 4.6.7(F)(3)(f) to allow banners to exceed 20 square feet of similar size that has been allowed in the past from February 7, 2013 through February 10, 2013 on the event site. BACKGROUND Attached is a letter received from Nancy Stewart- Franczak requesting a waiver to LDR's Section 4.6.7 (F)(3)(f) to allow sponsor banners that exceed the maximum square foot allowance. Historically, sponsor banners have been allowed that exceed the square foot requirements for this event, as well as others, but we have not obtained an official waiver to the LDR's. Mrs. Butler and I have recently met with some of our larger event producers to discuss their needs and industry standards as it relates to not only sponsor banners, but event announcement banners and electronic type promotional signs for possible LDR changes. Mrs. Butler anticipates having these ready for review in late spring. The event producers indicated that generally sponsor banners are 3' x 8', but some are larger, especially those provided by national companies who provide the same banners event to event. RECOMMENDATION Staff recommends approval of the waiver to allow banners that exceed 20 square feet of similar size that has been allowed in the past as requested by Ms. Stewart- Franczak for the Garlic Fest from February 7, 2013 through February 10, 2013. January 14, 2013 Mr. Robert Barcinski City of Delray Beach 100 N.W. 1 Avenue Delray Beach, Fl_ 33444 RE: Banner - Signage Waiver Dear Bob, Delray Beach Art's 14th Annual Delray Beach Garlic Fest, is requesting a waiver for display /hanging of sponsor banners and signage on public property (Perimeter Fencing) on the grounds of Old School Square grounds) on February 71h thru February 10th (8:00 pm). The majority of all banners provided by sponsors are at least 3 ft x 8 ft which exceeds the code limit of 20 square feet. Thank you in advance for consideration of this request Should you have any questions, please contact me at 279 -0907. Thank you for your consideration. Sincerely, U Nancy Stewart- Franczak Executive Director Delray Beach Garlic Fest Delray Beach Arts, Inc. 64 -B SE 5th Avenue Delray Beach Florida 33483 Sponsor Info: Tel: (561) 279 -0907 Vendors & General Info: Tel: (561) 279- 0907 Fax: (561) 278 -0555 www.dbgarlicfest.com SECTION 4,6.7 (F) (3) (c) 1. (i) Historic Preservation Board is approved by the City Commission. In considering whether to recommend that the existing nonconforming sign be designated as nostalgic, the Historic Preservation Board shall consider the sign's value as a part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. The Historic Preservation Board shall review the criteria contained in Section 4.5.1, of the Land Development regulations prior to making its recommendation. (ii) An owner of property on which an existing nonconforming sign is located may request the Historic Preservation Board to recommend to- the City Commission that the existing nonconforming sign be designated as a "nostalgic sign." (iii) Any existing nonconforming sign designated as a nostalgic sign must be maintained in good condition. if at any time the sign becomes unsightly, or becomes a danger to the public health, safety, or welfare, the City Commission, following notification to the owner, may remove the nostalgic designation and set a date by which time the sign must be removed. (d) Drive Thru Window Signs Signs used by businesses in conjunction with service at a drive -thru window may be permitted. as long as the size of the menu board does not exceed seven feet (T) in height, nor twenty four square feet (24 sq.ft.) in size. A maximum of two (2) signs per drive thru window. (e) Murals and Signs Within Murals: A large painting or drawing affixed to the wall of a building located in commercially zoned districts shall be subject to approval by the Site Plan Review and Appearance_ Board or the Historic Preservation Board. (f) Special Event Non-Roadway Banner Signing: Special signing, in accordance with this Subsection, may be allowed by the Chief Building Official or his/her designee, for special events if it is determined that the sign type meets the following criteria: the sign provides notice to the public of a public meeting or other public event, 2. the sign is temporary and for a limited time, and 3. the sign, if allowed for a limited time, must meet the following criteria: 4.6 -19 SECTION 4.6.7 (F) (3) (f) 3. (i) (i) the sign will not conceal or obstruct adjacent land uses or signs, (ii) the sign will not conflict with the principal permitted use of the site or adjoining sites, (iii) the sign will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians, and (iv) the sign will be installed and maintained in a safe manner. The approval, or disapproval, of such sign shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such sign. The Chief Building Official or his /her designee shall render a decision within fourteen (14) days after an application is made for utilizing this sign type for a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the City Manager. 4. Each sign limited to less than twenty square feet (20 sq.ft.) in area; 5. Allowed fourteen (14) days prior to the event and must be removed by the second .day after the event. (g) Special Event Roadway Banner Signing: 1. Roadway Banner Signs: may be approved and issued by the Sign Administrator under the direction of the Director of Community Improvement, for special events. Such signing shall be subject to the following standards: (i) The Roadway Banner Sign must be no more than three feet (3') in height by twenty -four feet (24') in length, and placed at least fifteen feet (15') above the surface of the roadway on City installed poles. The Roadway Banner sign must be constructed with a standard vinyl awning material and meet wind load requirements. (ii) The text of- a roadway banner shall be limited to the name of the special event, the date or dates of the event and the name or logo of the City and the name or logo of the association or organization co- sponsoring the event. (iii) Display of the Roadway Banner Sign will be limited to a maximum of fourteen (14) days prior to the event and must be removed by no later than two (2) days after the event. 4.6-20 SECTION 4.6.7 (F) (3) (g) 1. (iv) (iv) Roadway Banner Signs will only be allowed to be displayed at the following intersections within the City limits and on City installed poles • NE 1 st Avenue and East Atlantic Avenue; • Pineapple Grove Way and East Atlantic Avenue within the arch area; • Swinton and East Atlantic Avenue; and • NE 5th Avenue and West Atlantic Avenue. (v) the sign will not conceal or obstruct adjacent. land uses or signs, NO the sign will not conflict with the principal permitted use of the site or adjoining sites, (vii) the sign will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians, and (viii) the sign will be installed and maintained in a safe manner. The approval, or disapproval, of such sign shall not be based on the content of the message contained (i,e., the viewpoint expressed) on such sign. The Chief Building Official or his /her designee shall render a decision within fourteen (14) days after an application is made for utilizing this sign type for a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the City Manager. (h) Subdivision Identification Si ns: Residential subdivision identification signs shall be located only at the entrance to the subdivision and subject to the following standards: 1. Such signs may be either one double faced sign or two signs where there are two walls at the entrance and where the signs are permanently affixed to the walls at each entrance of the subdivision; 2. Each sign area shall be no greater than thirty -six square feet (36 sq. ft.) in area; 3. Such subdivision entrance signs are permitted within all residential zoning districts; 4.6-21 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 REGARDING AN INCREASE IN SIZE OF TEMPORARY SPECIAL EVENT NON - ROADWAY BANNERS FOR GARLIC FEST 1. This waiver request to allow an increase in size of temporary, special event non - roadway banners to exceed 20 sq. ft. in area came before the City Commission on February 5, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request to allow special event non - roadway banners to exceed 20 sq. ft. in area. 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 Request: A waiver to LDR Section 4.6.7(F)(3)(f)(4), to allow an increase in size of temporary special event non - roadway banners from the twenty (20) square foot area size maximum provided in the LDRs to approximately twenty -four (24) square foot area size. Does the waiver request to increase the special event non - roadway banner size meet all the requirements of 2.4.7(B)(5)? 1' - ► r•7 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 4.6.7(F)(3)(f)(4). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of February, 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 2 Thomas F. Carney, Jr., Mayor MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney THROUGH: Douglas E. Smith, Interim City Manager DATE: January 31, 2013 SUBJECT: AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 RECONSIDERATION OF A WAIVER REQUEST/ LINTCO DEVELOPMENT ITEM BEFORE COMMISSION Reconsideration of the Lintco Development waiver request regarding stacking distance. BACKGROUND At its January 15, 2013 Commission meeting the Commission denied a waiver request to the Lintco Development regarding the reduction of the required stacking distance from 50' to 28'9" at the northern entrance on SW 4th Avenue. In order for this item to be reconsidered a Commissioner, who voted for the denial of the waiver, must make the motion for reconsideration. If the motion is approved the waiver request will be placed on the Commission's February 19, 2013 meeting agenda. RECOMMENDATION C om m issiDn db=Lbn . Page 1 of 2 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 IS 2013 WAIVE$ REQUEST/ LINTCO DEVELOPMENT ITEM BEFORE COMMISSION The action requested of the City Commission is approval 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 4t' Avenue for the Lintco Development. BACKGROUND WAIVER ANALYSIS Stacking Distance: Pursuant to LDR Section 4.6.9(1))(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 4 t' Avenue (see waiver discussion below): A waiver has been requested to reduce the stacking distance from the fifty feet (50') for parking dot 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 4 th 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; Page 2 of 2 (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 4t h 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. O. W dedication to the city). We are requesting a waiver for the vehicles exiting the property to 289 ". " 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 289". Based upon the provision of three (3) possible entries and exits to the site, including the secondary northern access point on SW 4 th 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 4 th 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 approval to 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 4 t' 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 4t' Avenue for Lintco, due to positive findings with respect to LDR Section 2.4.7(B)(5). MEMORANDUM TO: Mayor and City Commissioners FROM: Jim Schmitz, Deputy Director Public Works Victor Majtenyi, Interim Director of Environmental Services THROUGH: Douglas E. Smith, Interim City Manager DATE: January 15, 2013 SUBJECT: AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 AMENDMENT NO. 1 (CHANGE ORDER NO. 1)/ LAYNE INLINER, LLC. ITEM BEFORE COMMISSION Approve Amendment 1 (Change Order #1) to Layne Inliner, LLC in the amount of $25,712.00 for the additional installation of (Cured In -Place Pipe /pipe liner) at Hyacinth Drive, to line an existing damaged storm water pipe. Co -op pricing per City of Orlando Contract #13109-2570. Extension letter attached for your convenience. BACKGROUND On December 4, 2012 the City approved an award to Layne Inliner, LLC in the amount of $17,110.00 to reline storm water pipe at Chatelaine to repair deteriorating storm water drainage. The scope of work under this amendment would include the lining of an additional storm water pipe on the east end of Hyacinth Drive. Attached please find the following: - Exhibit A, proposal from Layne Inliner, LLC - Exhibit B, Change Order to December 4, 2012 agreement - City of Orlando letter extending their agreement with Layne Inliner through November 2013 - Amendment 1 - Location map FUNDING SOURCE The funding will be available from account 448 - 5416 -538 -46.90 (Other Repair/Maintenance Costs). RECOMMENDATION Staff recommends approval of Amendment 1 (Change Order #1) to Layne Inliner, LLC in the amount of $25,712.00. EXHIBIT "All PROPOSAL DATE,; January 15, 1,013 SUBMITTED TO: City of Delray Bench Streets and Tiraf(ic 434 S, Swinton Avenuo Delt'ny De -nuh, FL 33444 Attu; flavold 1101111gci•, Superintendent 6013 LOCATION: Hynellttit Drive We jW01 aqe hereby to ftamish matorinl and labor - eomplolo in nccordam o with spcoiflcaUons below, rot tho sum of T iveniy-Five Thousand Sevoi Thimired 'twelve doilars nntl no cctits ($25,712,00) Payment terms • 1000/0 within thirty (30) (lays uppon completion and acceptance, All material Is gunrantml to boas slxclf:eti. All work to bo completed in a wrorkauanlike mannar according to stAmbrd pnactices. Any oltorntlon or devsntion drool sp cilioalians helow Involving extra costs will bo ommited only upon N ittm ardcra, and will becomo on oxira charge om aatd abuse 16 ostimate. All daN"Mits contingent upon slrike4, accldonts or dolays beyond our control, otsncr to carry f€ra, tornado and otiror ncus ary iasnrnnco. Oaar wolf crs ere !idly co�wrtxf by 41'orf oleo's Campensatiou Inst�rauco. Bete: This proposal rmy bo wilhdra«n by tm if not arcopted wiihln thirty days. We Itercby subndt specificatiorls anti esUnlates as rollowsl L4y,act kliner, UC sliall stipply all equilmlont, lumviels And labor to 11191111 Iilllnor'I'm 03 rollom: DESCRIPTION QTY UN1'I I PRICE TOTAL Item H7 -- Furnishlloatttll 12" M)P 6 ntnt 172 LF $50,00 $$ 600,00 Ytent #11 rttt•nisit /lnstttil 15" CIPP R's 11112) 186 L _$92,00 $17,112,00 TOTAL $25,712.00 NOTES: 1. Prices based on tmit priers contained in existing contract between I,ayno Inliner, UC find 1ho City of Orlando, contract nlmtbec B109- 2570• 2, Payment shsll bo based on actual field moasurctnents from canter of into[ to center ot•onllet. 3. Titis proposal is snbJeot to pre -TV inspection by Layne lniiner, LILC Indicating that line ooldiliols fro accoplablo for illstallatlon of hilincr. 4, Price quoted does not include point repairs ifregnimi prior to Installing Inliner. 5, City of Dolray Beach to provido water for eloaning, llnor hlstallntion and procasshlg, 6, Layno Inliner, LLC shall Parrish City of Volray Boach with a finnt TV tapo of ilia rahabililoted sewer iine(s }, 7, Proposal clans not Inoludo bonds or Imnit fees. Bond, if required 11'ill bo Invoiced at 2% of total. Permit fees, if any, will be invoiced at cost. Sigavltu M�� h1lelaftel Cann , Dlit ct h snag Aeceptn nee of Propose - "a above prices, spNiricalions and conditions or listnctory and are laeteby ncccp[ed, Yea are authorized to do tke svort� asslxcil3oal. Payanoistu 'illbeinadensoaatlinedalxls•o. DaW ofAceepmmce Aulhorized Slgrmtwv 263 1 Jowon !.ono, $nnford, Fl. 32771 ! 011tce: 447.472.0014 1 Pax. 407.472.0007 1 layr o tom CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL "AGREEMENT" CHANGE NO. (1 /Contract Addition) Project # 13 -054 DATE: PROJECT TITLE: HYACINTH DRIVE TO CONTRACTOR: Layne Inliner LLC YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL STIPULATIONS AND COVENANTS IN THE AGREEMENT. JUSTIFICATION: Additional installation of 12 "CIPP (Cured In -Place Pipe /pipe liner) (6mm) 172 LF and 15" CIPP (7.5mm) 186 LF, to repair deteriorating storm water drainage. SUMMARY OF CONTRACT AMOUNT /CHANGES ORIGINAL AGREEMENT AMOUNT $17,110.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00 ADJUSTED AGREEMENT AMOUNT PRIOR TO THIS CHANGE ORDER $ 0.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 25,712.00 ADJUSTED AGREEMENT AMOUNT INCLUDING THIS CHANGE ORDER $ 42,822.00 PERCENT INCREASE THIS CHANGE ORDER 150% TOTAL PERCENT INCREASE TO DATE 150% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. Layne Inliner, LLC (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: 448 - 5416- 538 -46.90 DEPARTMENT RECOMMEND: APPROVED: FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission Environmental Services City Attorney PW Project 13 -054 Layne Inliner L-12 Mayor ATTEST: By: City Clerk pl.A August 20, 2012 Mark Harris, Vice President Layne Inliner, LLC f/k/a Reynolds Inliner, LLC 2531 Jewett Lane Sanford, FL 32771 SUBJECT: Extension of Term Contract for Sewer Line Rehabilitation Cleaning & Video Recording, BIW2570, Amendment # 4 Dear Mr, Harris: The subject Contract will expire on November 1 S 2012, In accordance with the terms and conditions of subject Contract, the Contract may, by mutual assent of the parties, be extended for an additional twelve (12) month period, The City would like to exercise the right for the extension of this Contract for an additional year effective November 16, 2012, at the existing pricing, terms and conditions. Please indicate your approval of this offer by having an officer of your firm execute the acceptance portion below and return the original of this letter to me at the address noted below by September 15 2012. Upon execution below by your firm's authorized representative, this Contract will be your official notice that the Contract has been extended for one (1) year and no additional documentation will be required. Thank you for your immediate attention to this matter. Sincerely, Teddi McCorkle, C,P,M., CPPB Senior Contract Administrator TMC /df By 'I'Itle S ,z� 2-01.Z Date PURCHASING AND MATERIALS MANAGEMENT DIVISION CITY HALL • 400 SOUTH ORANGE AVENUE • P.O. BOX 4990, ORLANDO, FLORIDA 32802 -4990 PHONE 407.246.2291 • FAX 407.246.2869 • CityofOrlandomet , esupplier,cityoforlando.net Rev: 02/16/11 AMENDMENT NO. I TO THE AGREEMENT WITH LAYNE INLINER, LLC THIS AMENDMENT NO. 1 to the Agreement is entered into this day of 2013 by and between the City of Delray Beach, Florida, a Florida municipal corporation ( "City ") and Layne Inliner, LLC. WITNESSETH: WHEREAS, the City recently entered into a contract with Layne Inliner, LLC to furnish and install 145 LF 30" CIPP (Cured In -Place Pipe /pipe liner).. WHEREAS, the parties wish to add additional scope of work to the original agreement that was approved by Commission on Tuesday, December 4th, 2012, between the City of Delray Beach, Florida, a Florida municipal corporation ( "City ") and Layne Inliner, LLC, Agreement dated December 31st, 2012. NOW, THEREFORE, in consideration of the promises and covenants set forth herein, and the good and valuable consideration as provided for herein, the parties agree as follows: 1. Recitations. That the recitations set forth above are hereby incorporated as if fully set forth herein. 2. Amendment. The Agreement is hereby amended as follows: The City agrees to the additional scope of work described below: Supply all equipment, materials and labor to install Inliner as follows Item #7- Furnish/Install 12 " CIPP (6mm) 172 LF and Item # 11 Furnish/Install 15 " CIPP (7.5mm) 186 LF. Exhibit A, proposal dated January 15, 2013. In addition, the total cost of rehabilitation work to date is summarized on the Change Order form Exhibit "B ", attached hereto and incorporated herein. The work shall be completed within 30 days of the execution of this Amendment. 3. Full Force and Effect. All other terms and conditions of the Agreement not expressly modified by this Amendment No. 1 thereto remain in full force and effect. P/N 13 -054 Cured In -Place Pipe Liner Amendment #1 to the Standard form of Agreement Pagel of 2 ATTEST: By: City Clerk Approved as to Form: By: City Attorney WITNESS: (print or type name) STATE OF COUNTY OF CITY OF DELRAY BEACH, FLORIDA 0 Mayor Layne Inliner LLC Bv: Name Printed: Title: The foregoing instrument was acknowledged before me this 2011 by , a _ behalf of the corporation. He /She is personally (as identification). known to me /or day of of corporation, on has produced Signature of Notary Public P/N 13 -054 Cured In -Place Pipe Liner Amendment #1 to the Standard form of Agreement Page 2 of 2 BO 18 "3PE of DELRAY BEACH HYACINTH DRIVE DATE:01/29/2013 298 299 300 301 302 303 304 305 306 278 279 280 281 282 283 284 285 307 286 °RCP 18 "RCP 15"CPE EE > DR. O 287 s 15 "RCP 15 °RCP GAR ENI , 295 X94 293 292 291 290 289 288 296 333 332 X331 318 317 316 315 BAHAMA 313 CANAL 311 310 297 308 CPE 18 "3PE of DELRAY BEACH HYACINTH DRIVE DATE:01/29/2013 298 299 300 301 302 303 304 305 306 307 °RCP O 15 S s 15 "RCP 15 °RCP GAR ENI , D R D VE L- 333 332 X331 318 317 316 315 314 313 312 311 310 309 308 334 335 T N C D C C E L BIMINI CARL � 336 337 338 339 34 341 342 343 344 345 346 347 348 349 B 53 B H Y A C I IN H 35 D R. 365 364 363 362 361 360 357 356355 354 352 O 366 PECOS (3RD SECTION) ANAL BK. 25 P& 37 367 368 369 370 371 372 373 374 375 376 377 378 379 380 FD in 15 "RCP °x . ° 12 X24" 5 RC � 38`a 14'X23' VAL R � z 4° 392 384 394 39 391 390 388 387 386 385 383 382 381 � 395 ABACC CANAL G 396 417 418 419 420 421 422 423 424 425 426 427 428 O JA MIN DR, E 431 E w 472 Ly- 461 460 459 458 457 C 447 D Z 473 471 w 448 446 432 Ln -D 46 456 w 449 445 C Q 474 470 463 433 B 0_ 469 464 455 cn 450 444 (-n 475 Q 434 A 465 >- 454 443 476 a ��� 468 U Q 451 A X435 of DELRAY BEACH HYACINTH DRIVE DATE:01/29/2013 ITCITY F04M ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP LO WPHYAMTHDRWM SOUTH 8WMON AVENUE, DELRAY BEACH, FLORDA 33444 DRAINAGE 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Douglas E. Smith, Interim City Manager DATE: January 22, 2013 SUBJECT: AGENDA ITEM 10.E. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 BID AWARD / ACCURATE EVENT GROUP ITEM BEFORE COMMISSION City Commission is requested to approve a bid award to Accurate Event Group, the second low bidder, in the amount not to exceed $30,409.50 for private security services from February 20, 2013 through March 4, 2013 for the Champions/World Tour Tennis Tournament and authorize staff to negotiate a lower price. BACKGROUND Per the terms of our agreement with Match Point Inc., the City of Delray Beach is responsible for providing private security for the Champions/World Tour. In addition to cost, other requirements for private security are, but not limited to: that the guards be dressed in "hard guard" uniforms, the selected vendor must supply their own radio communications, 24/7 contact must be available, that they have experience in providing this service for similar type events, past performance and positive reference checks. Requests for quotations were received from three (3) firms on January 17, 2013. Bid summary is attached. Staff is recommending rejection of the lowest bidder, A & A Associates, due to limited experience and past performance for this event. FUNDING SOURCE Funding is available from 001 - 4210 -575 -55.40 (General Fund /Recreational Supplies /Tennis Tournament). RECOMMENDATION Staff recommends award for private security for the Champions /World Tour Tennis Tournament to Accurate Events Group in the amount not to exceed $30,409.50 and authorize staff to negotiate a lower price if possible. MS. 0 LO W) Lo u 0 'a �twS E s" „us'ti,v OD W Y/ 00 y/ I.0 w �l— W:: W I- _ co W ,, ^^ M rr^^ M rt !�A/� co M r �. t rO T CO In U,) d' 00. T n �a CA N > ti M N N N.. N Cr! M Q L53 Ct; p N LO .01 CD OO OO 00 O O QW to O tfo LA O O W) LO O i- T :n t0 ` if w O Q r _ "� 00 3 s N N N N C] M m c'0 a� r o o LO <rK'{� fi l cc i� NLO 0 00 LO CC.f Z ran �- li � 4 N t6 (d L6 .1i W C CD iiZ` rCD rO rN 00 t .? W R fjj C1 LO N M y o N N N CD N C'7 r O L } U d o q O �� CC a z [] d r to LO e > J z CD S t c c �% a trSS -� U�} Ef} Sfl Efl 6F} �} ff3 6F} ER �Fi 00 r w i `i 4S..' F• w V {n Cr w O 0 c°v O N W (D LL z a = LU a O =w o LL N LU _ {� LL a O U. yr s #0 p V 73 O o J 0 CI) O O O Z O N! r r i f _= W= 2 Z I— a= V ?UG w o w ❑� v�_r o a �_❑ O o a Q z oz H vsi? �,. �� Q �� W ��(�Z r}. °o z O a a¢FF� 00 o0 op I=-� o c~n p x v, t7 UH m Uh rn C) F- O ❑C� aU 7 AccURATEEventGfOUr) CUrpurate H-erjdq,t,, art &-m -L 2-419 Hog' lywood Boulevftrd � su, I �_ -C I YW 06 3 -M-6 -5 IP , JI 2 ACMURATE M-NT SERVICES REFERENCES Sony Ericsson Open 150 Alhambra Circle Coral Gabies,-Florida 33142 Bill Pierce — 305.446.2200 Family Circle Cup 161 Seven Farms Drive Charleston, South Carolina 29492 Billy Dietrich — 843.856,7900 Pilot Pen Tennis. 900 Chapel Street New Haven, Connecticut 06510 Sarah Wilcox — 203.776.7331 United States Tennis Association Fed Cup / Davis Cup 70 West Red Oak Lane White Plains, New York 10604 Jeff Ryan — 914.696.7000 800.S82.39?0 Accurate EventGeroup. com 2. Event Staffing Security Services Event &. Managed Parking !', Security Consulting A L Professional Recruiting 8 Permanent Placement =: Event Marketing & Sponsorship L Ticketing Solutions L QUOTATION REQUEST CITY OF DELRAY BEACH Purchasing Division 100 NW 'fist Avenue Delray Beach, FL 33444 (561) 243 -7161 17163 (Phone) (561) 243 -7166 (Fax) QUOTES MUST BE RECEIVED ON OR BEFORE T_fibi'dW lan�l�� The quote number listed above must appear on all quotations and related correspondence. This is not an order. This inquiry implies no obligation on our part, Changes or suggestions offering cost economies are solicited. QUOTATION # 2015 The City of Delray Beach is seeking quote requests from qualified firms for private security services for the International Tennis Tournament to be held at the City of Delray Beach Tennis Center. Security Services requested are as per the attached schedule at required posts beginning February 18, 2013 thru March 4, 20.13. Bidders are required to complete the attached proposal entering hourly rate and total costs. Exceptions or suggested changes to the schedule may be submitted and attached for consideration. Copies of all required supporting documentation as listed is required to be considered a complete bid. *The City of Delray Beach reserves the right to reject or accept any and or all bids. You may submit your quotation via fax or e-mail: 41=ax: (561) 243 -7166, Attention - Purchasing 4E -mail: Nadal(W- mydelraybeach.corn If you have any questions, please do not hesitate to contact me at (561) 243 -7161. PLEASE RETURN ALL PAGES. Thank you, Patsy Nadal, Purchasing Manager f.' COMPANY NAME:'�1.z:; ADDRESS: %' /7 '. CITY- t� �' ='� _ �l � j , STATE: ' r--- zip. TELEPHONE: EMAIL: FAX: SIGNATURE-.-- i QUOTE # 2015 RESPOND TO ITEMS IF APPLICABLE, THIS INQUIRY IMPLIES NO OBLIGATION ON THE j PART OF THE BUYERS: SPECIFY WARRANTY: Darts: NIA Labor: NIA Delivery Time: NIA calendar days after receipt of order. Shipping From: NI. Terms and Conditions: NIA ANNUAL. PREVENTATIVE MAINTENANCE: Parts $_NIA and/or Labor $ _N/A Provide three (3) local customers oresently using this raroiect or service: CONDITIONS: (Only if Apollcable) ACCEPTANCE. The City of Delray Beach reserves the right to accept or reject any and /or all parts of this quotation as deemed to be in the best interest of the City. SHIPMENTS: All Shipments are to be made F.O.B. destination_ DEFAULT, in case of default, the City of Delray Beach reserves the right to procure items contained herein from other sources and hold successful vendor or contractor liable for resulting Increased costs and/or damages. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of award, be returned at bidder's expense. PRICING: -All prices should be shown in unit amounts and totals wherever applicable. In the event of discrepancies, knit pricing shall prevail. All prices quoted must be firm as shown and good for a minimum of sixty (60) days from date of opening. TAXES: The City of Delray Beach is exempt from any taxes 1'mposed by Federal and/or State Government. Exemption certificates, If required, will be furnished by the City. Tax exemption includes Federal excise tax on tires. DISCOUNTS: Bidders may offer a cash discount for prompt payment. However, such discounts will be not considered in determining tha net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit price bid. SAFETY STANDARDS: The bidder warrants that the product supplied to the City conforms in all respects to the Standards set forth in the Occupational Safety and Health Act of 1970 and its amendments and the failure to comply with this condition will be considered a breach of contract. Quote /I2 01 S ATP f ITC Event Security I GO TO PAGE #20— COMPLETE AND RETURN CONDITIONS: (Only if Apollcable) ACCEPTANCE. The City of Delray Beach reserves the right to accept or reject any and /or all parts of this quotation as deemed to be in the best interest of the City. SHIPMENTS: All Shipments are to be made F.O.B. destination_ DEFAULT, in case of default, the City of Delray Beach reserves the right to procure items contained herein from other sources and hold successful vendor or contractor liable for resulting Increased costs and/or damages. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of award, be returned at bidder's expense. PRICING: -All prices should be shown in unit amounts and totals wherever applicable. In the event of discrepancies, knit pricing shall prevail. All prices quoted must be firm as shown and good for a minimum of sixty (60) days from date of opening. TAXES: The City of Delray Beach is exempt from any taxes 1'mposed by Federal and/or State Government. Exemption certificates, If required, will be furnished by the City. Tax exemption includes Federal excise tax on tires. DISCOUNTS: Bidders may offer a cash discount for prompt payment. However, such discounts will be not considered in determining tha net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit price bid. SAFETY STANDARDS: The bidder warrants that the product supplied to the City conforms in all respects to the Standards set forth in the Occupational Safety and Health Act of 1970 and its amendments and the failure to comply with this condition will be considered a breach of contract. Quote /I2 01 S ATP f ITC Event Security I CITY OF DELRAY BEACH REQUEST FOR QUOTATION # 2015 EVENT SECURITY- ATP ChampionsfVVorid Tour Tennis Tournament A. PURPOSE: The purpose and intent of this "Request for Quotation" is to obtain hourly pricing for un -armed guards, bag checkers and supervisors for the ATP Champions/World Tour Tennis Tournament to be held at the Defray reach Tennis Genter February 22, 2013 through March 3, 2013. B. NOTICE OF AWARD: It is and shall be understood and agreed that a contract shall be deemed to be awarded and validly entered into between the successful Bidder and the City of Delray Beach when written notice has been given by the City through its authorized office, andlor a purchase order shall be issued to the Bidder covering the same. Contract shall be awarded to the lowest responsivefresponsiblo Bidder who demonstrates compliance with bid specifications, capability to perform according to the terms of the contract, and responsibility with current clients. C. FIRM PRICE: The City requires a firm fixed price for pricing stated on the "Schedule of Pricing' page for the stated period. Invoices shall be checked to confirm compliance with quoted pricing. D. CONTRACT TERM: Terra of the Service shall be from February 18, 2€113 through March 4, 2413. E. QUANTITIES; See Scope of Work! Requirements of Event Security F. GENERAL CONDITION; ALL conditions must be met to be considered a valid quote. G. INFORMATION: Any questions with regard to the detailed specifications and submittal of you bid should be addressed to Patsy Nadal, Purchasing Manager at (569) 243 -7161 or email nadai@mydeiraybeach.com. H. The City reserves the right to after /change hours or assigned stations prior, during and or after award. I. LOCAL BUSINESS TAX RECEIPT; (formerly Occupational License) City of Delray Beach requires a Local Business Tax Receipt (formerly Occupational License) be held by all contractors. Please contact Donna Porter at the Tax Collector/ Local Business Tax Receipt Office directly for information concerning this requirement at (561 )243 -7249. You will need a copy of your business license from the municipality where the business is located that will confirm that you have a valid license. In addition the fee for registration Is $11.58. If the successful Bidder is not licensed to perform work in the City of Defray Beach, he shall obtain a "Business Tax Receipt" before contract start date. Quote 42015 ATP / ITC Event Secmity 2, ci NJ V ad pv U) f7 71' e b. 0 CA W < W OD 0 LLf < ry —J < X C) ( '1-0 'o ry, cr) < tu z CL (1) 0 o LLI LLJ cr) w LIJ 0 Cif J. NOTICE: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept bids that in its judgment will be for the best interest of the City. Award will be made based on experience with major sporting events, part performance, references and pricing. E* COMPLETE AND RETURN ALL PAGES OF THIS DOCUMENT The Cilreserves the right to acceptor reiect anylall proposal. Quote #2015 AT1' / ITC Event Security 3 3 i CITY OF DELRAY BEACH REQUEST FOR QUOTATION # 2015 EVENT SECURITY- ATP CharnplonstWorld Tour Tennis Tournament SCOPE OF WORK Providing professional private un -armed security guards and supervisors for the ATP CharnpionsfWorld Tour Tennis Tournament to be held at the Delray Beach Tennis Center February 18, 2013 through March 4, 2013 at times and location as indicated on proposed plan page. Special Conditions: • Licensed with the State of Florida, must attach a copy with proposal submittal, • Bonded, must attach copy with proposal submittal. • Certificate of Liability Insurance, must attach copy with proposal submittal. • Guards must have dress uniform shirts with badge indicating private company name and name tag with uniform pants. (no blue jeans, polo or tee shirts) • Supervisors must wear logo polo shirts with identification. • Ball Caps /Jackets must have badge and company logo. • All guards must have radio or cell phone contact with supervisor. • Must show proof of experience and references for providing similar event type of service. • Must have posifive experience for providing all security for a major Tennis Tournament or other Sporting Event of similar size. Quote #2015 ATP I ITC Event Seaurify 4 AG(R>_,� CERTIFICATE OF LIABILITY INSURANCE � 1217/2012 Y PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION EQUITY INSURANCE UNDERWRITERS ONLY AND CONrERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1930 Harrison Street Ste 306 1 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Hollywood, FL 33020 ANY RE=QUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAfN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERPAS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. W,$R iDDI POLICY EFFECTIVE POLICYf>(PN TIOIII (954} 923 -2974 i INSURERS AFFORDING COVERAGE NAIC# INSURED ACCURATE EVENT SERVICES i •INSURERA BURLINGTON INS. CO ACCURATE GROUP INC. INSURER B SCO`i`TSDALE INS. CO. 2419 HOLLYWOOD BLVD STEC INSURER C CNA SURETY I'GEN�ERAL AGGREGATE HOLLYWOOD, FL 33020 i INSURER D PROGRESSIVE AMERICAN - -- N-L AGGREGATE LQMT APPLIES PER' - I PRI ODi1CYS - COMPIOP AGG 954- 927 -4155 DEBBI 1 muRPR e c()vFkA(:FG THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NoTWTHSTANEANG ANY RE=QUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAfN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERPAS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. W,$R iDDI POLICY EFFECTIVE POLICYf>(PN TIOIII LiR nrsan TYPE F IN C POLICY NUMBER ! DATE kJiJli3DfYY5 DATE 64l1OD+YY LHJ,fTS GENERAL tMBILBY i • EACH OCCURRENCE S 1,000,000 X � Ct#.i*AERCiAt GEk; €IiP.i LC�UBiLtI'Y ' � I PREMkSES Ea oco�rer�ce PREMISES l a- VA S 5 - - -; CLAi}r451AADE I X I OCCUR, It kAEO ExP (Any prep�5on) 5 EXCLUDED A _' `'SCP0696678 I4 -28 -12 4- 28--13 ;PERSONALBADVINSURY S 1,000 00(1 I'GEN�ERAL AGGREGATE S 2,0001000 3 1,000,000 N-L AGGREGATE LQMT APPLIES PER' - I PRI ODi1CYS - COMPIOP AGG _- - - ----- POLICY 1 JRfl LCC AUTMOB" LIABILITY ; Cfl1ADRIEOS3NGLFUIXtT (Eaaccedert) jb 1,00© 000 � _ 1ANYAUTO -- - -�. II -- - -- - - --- '' I ALI OVI14EDAUIOS BOUILYINJURY S X I sCHEDuLEOAUTOS j Ipe`Perj D jI i faiREDAUFas '01655797 --7 5 -2--12 ; 5 2--13 II ��- BaDILYINJoRY 5 i (X. I NON- 011MEOAUTOS fPeratc:nt} PROPERTY 0A6tAGt 5 F1 i - i {P6r aGint} GARAC - LIABILITY AUTO ONLY. FAACCIDENT S j ANYAOTO - S EAACC — I AUTO ONLY AGG S f EXCESSIUMBRELLALIABILITY - EACHOCCURRFNCE S_- 000, -00© X j OCCUR CLAIMS? ADL AGGREGATE S 4 000 000 . 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CD a o © 0 'o co R =1 4R co R I R cc> R co R co - - to 9L LU 0 ZL CO, 2, Lu 0, 0 0 c Egn to CJ cs CI CL C%l LU ri :i zc?n cl, — CR LL z 0 2 C. 11 C) It- 061 C14 yi 0 Z a O tit 07 CL fit CIJ SD fU rs CITY OF DELRAY BEACH REQUEST FOR QUOTATION # 2015 EVENT SECURITY -- ATP ChampionslWorld Tour Tennis Tournament SCHEDULE OF PRICING UNIT TOTAL Positions: Guards, Bag Checkers, Supervisors Dates of Service.- Monday, February 18, 2013 thru Monday, March 4, 2013 Total Guard Hours: 1;H1 x (Per Hour) Total Bag Checker Hours: rr. '183 x $ f'A (Total) f ;` �� 5 (Per Hour) Total Supervisor Hours: f-41 x. $ 'k / • 0 - (Total) 13, n031 CY--) !+ n (Per Hour) (Total) OTHER IVIfSC CHARGES DISCOUNT OFFERED � U. GRAND TOTAL: $ 'ADDITIONAL �UARDS IF REQUIRED; $ (Per Hour) *ADDITIONAL REQUIRED INFORMATION: Management Contact Name: �' s:=,_' r;� r . Contact Number: (PLEASE REVIEW ATTACHED TIME SCHEDULES) T ANY EXC Quote #2015 ATP I ITC Event Security 17 5 Quote #2015 DRUG FREE WORKPLACE CERTIFICATION If Identical tie bids exist, preference will be given to the vendors who submit a certification with their bidiproposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. The drug -free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be Imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or noto contendere to, any violation of chapter 833 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory parbolpation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who-is so convicted. 5) This firm will continue to make a good faith effort to maintain a drug -free workplace through implementation of this section. Contractor's Name Signature Quote 920 t 5 ATP 1 ITC Event Security 18 QUOTATION SIGNATURE FORM QUOTATION #2016 C iNd,*-bkl*E-';,-iT"'ii�daZg gs�-.iL.-= 2613. -'=-af.--lo..Vd--,, TITLE: EVENT SECURITY- ATP Championsf0lorld Tour Tennis Tournament Delray Beach Tennis Center DATE COIWPANY NAME X, *SIGNATURE NAMEITITLE ADDRESS CITY S TA TE ZIP CODE TELEPHONE FACSIMILE VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: CONTACT NAME: j'"s EMAIL ADDRESS: / ..jT TELEPHONE: PE UAA X BEACUI I . I k2ciftug i All-Amarleacity 1993 200-1 NOTE: PLEASE AFFIX SIGNTURE WHERE INDICATED, FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL Quote 92015 ATP / ITC Event Security 19 REFERENCES — Quote #2015 EVENT SECURITY- ATP ChampionsfWorid Tour Tennis Tournament at Delray Beach Tennis Center *Piease complete this Daae or attach your reference naae to this sheet. AgencylCom,pany Z -- Address City, State, Zip ` Contact Person Telephone 4 ❑ate(s) of Sorviuu! ? Type of Service Comments• :. Date(5) of A one lCompan Z -- Address Address ` Contact Person C!ty, State Zip - Date(s) of Service t Contact Person Teio hone Date(5) of Service \ Type of Service 1 coTmmants, 1 Asanc Icon any Z -- Address Ci State Zip Contact Person Tate phone Date(s) of Service t Type of Service Comments: Contractor's Name; Quote 82015 ATP I ITC Event Security 20 t - -- jk-CCURATE Event rou 2419 #-Ic}[Nwood Bouie'Va�d :W SUile. C HOKYWG� -d, FL 330204,693 ACCURATE EVE-NY Si;WCES REFERENCES Sony Ericsson Open 150 Alhambra Circle Coral Gables, Florida 33142 Bill Pierce — 305.446.2200 Family Circle Cup 161 Seven Farms Drive Charleston, South Carolina 29492 Billy Dietrich -- 843.856.7900 Pilot Pen Tennis 900 Chapel Street New Haven, Connecticut 06510 Sarah Wilcox — 203.776.7331 United States Tennis .Association Fed Cup f Davis Cup 70 West Red Oak Lane White Plains, Neu York 10604 Jeff Ryan — 914.696.7000 $00,582.3990 AccuratoEverntGroisp.com Event Staff ing & Security Services a. Event & Managed Parking A Security Consulting A L. Professional Recruiting & Permanent Placement Event Marketing & Sponsorship - Ticketing Solutions l,�s STATEMENT OF NO 13 D DEERA Y BEACH f- AmerlcaGt TITLE; EVENT SECURITY- ATP Champions/World Tour Tennis Tournament 'i 993 2001 If you are not bidding on this torvicelcommodtty, Please complete and return this form to: City of Delray Beach Purchasing Department, 100 NW f st Avenue, Delray Beach, Florida 33444 or fax 561- 243 -7766 or email nadal m detra beach.com. Failure to respond may result In deletion of vendor's name from the qualified blddoes fist for the City of dolray Beach. VENDDR NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: Minority Owned Business: ❑ Black ❑ Hispanic Q Woman ❑ Other We, the undersigned have declined to submit for Quote No. 201 EVENT SECURITY-ATP Champions/World Tour Tennis Tournament due to the following reason(s): Please Check belmw ❑ Specifications too "tight°, i.e., geared tovmrd brand or manufacturer only (explain belovr) ❑ insufficient time to respond to the invitation to Bid ❑ We do not offer this product or an equivalent ❑ Our product schedule would not permit us to perform ❑ Unable to meet specifications ❑ unable to meet bond requirements ❑ Specifications unclear(expialn betow) ❑ Other (specify below) Remarksl0ther: SIGNATURE: _.� -- DATI~. Quote H2015 ATP % ITC went Security 21 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Douglas E. Smith, Interim City Manager DATE: January 22, 2013 SUBJECT: AGENDA ITEM 10.F. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 AGREEMENT/ CHRIS EVERT CHARITIES, INC. ITEM BEFORE COMMISSION City Commission is requested to approve a five (5) year agreement with Chris Evert Charities, Inc. for the Annual Chris Evert Pro - Celebrity Tennis Classic. BACKGROUND Attached is a proposed agreement between the City of Delray Beach and Chris Evert Charities, Inc. for the use of our tennis stadium and facilities for their annual tournament. The proposed agreement is basically the same as the previous agreement except for the term of five (5) years versus three (3) and the annual payments from the City to the event producer. Chris Evert Charities, Inc. will continue to donate 50% of the City fee payment to the Drug Abuse Foundation of Palm Beach County, Inc. The existing agreement expired December 31, 2012. The proposed agreement has been reviewed by the City Attorney and approved as to form. RECOMMENDATION Staff recommends approval of the proposed agreement with Chris Evert Charities, Inc. TO: Bob Barcinski FROM: Cindy Doll DATE: January 9, 2012 RE: Chris Evert Pro - Celebrity Tennis Classic Attached please find a proposed agreement between the City of Delray Beach and Chris Evert Charities, Inc. This agreement would extend the Chris Evert Pro - Celebrity Tennis Classic through 2017. Please review and forward to Doug Smith for execution if you agree. 0 AGREEMENT THIS AGREEMENT, made and entered into this day of , 20 by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation (hereinafter referred to as "CITY "), and CHRIS EVERT CHARITIES, INC., (hereinafter referred to as "CHARITIES "). WITNESSETH: WHEREAS, the CITY owns and controls certain property upon which is located the City of Delray Beach Municipal Tennis Center; and, WHEREAS, CHARITIES, is desirous of using the Municipal Tennis Center for the purpose of holding a sporting event to be known as the Chris Evert Pro - Celebrity Tennis Classic ( "Classic ") at the Tennis Center; and, WHEREAS, the CITY believes that holding the Chris Evert Pro - Celebrity Tennis Classic at the Municipal Tennis Center (the Site) will grant the citizenry of Delray Beach many tangible and intangible benefits; and, WHEREAS, CHARITIES understands that the CITY has an exclusive agreement with Ticketmaster of Florida for the sale of tickets for events. NOW, THEREFORE, in consideration of the mutual premises, covenants and agreements contained herein, the parties hereby covenant and agree as follows: 1. LICENSE; TERM. The CITY hereby grants to CHARITIES for the month of November, the right and privilege to stage, use, manage and operate the municipal tennis stadium and necessary surrounding property for a two Day Classic. CHARITIES' rights shall cover an additional five (5) day period before the commencement of the Classic to set up necessary facilities and an additional 2 days after the Classic to remove necessary facilities. The term of this Agreement shall extend until December 31, 2017, however, if CHARITIES decides not to hold the Event in a particular year, CHARITIES shall not be in breach of this Agreement, provided it gives the CITY 60 days notice of its intent. The dates for the Event to be held in November of 2013 through 2017 shall be mutually agreed upon. 2. LICENSE AGREEMENT ONLY. This agreement between the CITY and CHARITIES is a license agreement, not a lease or purchase agreement, and should be construed by a court of competent jurisdiction to be a license agreement only. Furthermore, this License Agreement does not grant nor is CHARITIES receiving hereunder any rights to any real property of the CITY nor any property interests except as set forth in this agreement. 3. FACILITIES AND SERVICES PROVIDED BY CITY. (a) Unless otherwise herein specified, CITY shall be responsible for, or agrees to provide, at no charge to CHARITIES the following facilities and production assistance in connection with the conduct of and staging of the Classic: (i) use of an 8,200 seat stadium court and three (3) practice courts throughout the Classic (the "Courts ") with "seat kills" to be in place by the CITY to reduce the seating capacity to approximately 4,000 if so desired by CHARITIES; (ii) use of a mutually agreed upon number of courtside boxes and skyboxes; (iii) preparation and maintenance of the Courts throughout the Classic; (iv) television tower and platform and all necessary electricity to provide power to the tower and platform throughout the Classic; (v) a public address system; (vi) nets, net posts, single sticks, an umpire's chair, linepersons chairs, skirted tables, end and side line buntings, and numbered seating; (vii) parking for boxholders, players, sponsors, ticketholders, press, staff, and volunteers (CITY to implement, manage and staff parking, including reserved areas); City will offer valet parking (CITY will be allowed to charge and retain all revenues from the valet parking) and also be allowed to charge, and retain all revenues, for general public parking at the County Courthouse garage at a nominal rate to be mutually agreed upon between City and Charities to offset parking attendant costs. (viii) all electrical power and one on -site electrician (all costs and expenses are CITY'S responsibility) for the duration of the Classic (hook -ups not included); 2 (ix) adequate space for and operation of concessions, retail booths, etc. (CHARITIES shall place and operate the concessions and retain all revenues from its concessions and retail booths); (x) restroom facilities and supplies; (xi) additional courts for pro -am, clinics, etc., as mutually agreed; (xii) the use of areas for celebrities, press, press interview, tournament staff, volunteers, ballkids, officials, ticket office, and VIP hospitality and the use of locker rooms, as mutually agreed. Areas should include tables, chairs, furniture and air conditioning, as mutually agreed; (xiii) on and off -site directional signage; (xiv) all necessary permits; (xv) on -site security including security for the celebrities, ticket office, and press area and overnight security coverage from Friday p.m. through Monday a.m.; (xvi) adequate police, fire support and traffic control; (xvii) teaching professionals to assist with tennis pro -ams held in connection with the Classic; (xviii) mutually agreed upon marketing and sponsorship support of the Classic; and (xix) access to utilities to include but not be limited to water /sewer, electric/lighting; (xx) reasonable use of the gymnasium at the Community Center, including floor cover as provided by the Community Center; and (xxi) use of existing dumpsters and arrange to have the dumpsters emptied at CITY'S expense. (b) During the term of this Agreement (defined below) CITY agrees to pay to CHARITIES the following amounts with respect to the Classic: (i) Year Eayment Amount Due Due Date 2013 US$51,000 $25,500 On or before Nov. 2, 2013 $25,500 By Dec. 10, 2013 2014 US$53,000 $26,500 On or before Nov. 2, 2014 $26,500 By Dec. 10, 2014 2015 US$55,000 $27,500 On or before Nov. 2, 2015 $27,500 By Dec. 10, 2015 2016 US$57,000 $28,500 On or before Nov. 2, 2016 $28,500 By Dec. 10, 2016 2017 US$59,000 $29,500 On or before Nov. 2, 2017 $29,500 By Dec. 10, 2017 (ii) CHARITIES will contribute 50% of the total payment from the City to the Drug Abuse Foundation of Palm Beach County, Inc. by January 31 of the following year, provided they receive the above payments from the CITY. (iii) If CHARITIES fails to hold the Classic and the CITY has paid the first installment to CHARITIES, then CHARITIES will refund the amount paid back to the CITY by January 31 of the following year. The CITY shall not be required to make the second payment to CHARITIES if the Event is not held during its scheduled time. (c) If CHARITIES has ticket sales greater than $100,000.00 but under $125,000.00 then it shall pay to the CITY 15% of that amount over $100,000.00 but under $125,000.00. If CHARITIES has ticket sales greater than $125,000.00 then it shall pay to the CITY 17.5% of that amount greater than $125,000.00 on top of the 15% of the amount greater than $100,000.00. Such payment shall be due within 30 days of the conclusion of the Classic or within 30 days of CHARITIES receiving money from ticket sales from Ticketmaster, whichever is later, and upon the submission of an invoice from the CITY to CHARITIES. 4 4. STAGING AND PRODUCTION OF CLASSIC. The organization, staging, and conduct of each Classic will be the responsibility of CHARITIES, which responsibilities shall include the following: (a) handling ticket and box office sales; (b) Obtaining a Classic Director, all personnel involved in each Classic, and the Classic participants; (c) Administering the entire Classic; (d) Setting up each Classic on -site and handling all on -court activities of the Classic; (e) Soliciting sponsorship sales and television rights sales for each Classic; (f} Handling promotions, advertising, sales, public relations, and program production for each Classic; (g) Liaising with the charity beneficiaries selected by CHARITIES for each Classic; (h) CHARITIES shall be responsible for expenses incurred in site clean -up of restrooms and for garbage pick -up; (i) CHARITIES is responsible for expenses incurred in covering courts as set forth in Paragraph 7 if VIP tents are to be set up or if needed to cover courts used for contents; and (j) CHARITIES shall pay for all expenses relating to phone usage by CHARITIES, including, but not limited to, hook -up, dial tone, and usage charges. 5. ACKNOWLEDGMENT BENEFITS. In acknowledgment of the services provided by the CITY in Paragraph 3 hcreof, CHARITIES agrees that CITY will have the following acknowledgment rights in relation to the Classic, subject to the provisions of this Agreement: DESIGNATION ■ Designation as Host Site of the Chris Evert Pro - Celebrity Tennis Classic E MEDIA ADVERTISING Television: ■ Sponsor logo included in advanced television and advertising campaign ■ Audio and graphic mention during the telecast and best efforts to create overview shots of Delray Beach in the opening of the broadcast Print: It Sponsor logo included in advanced newspaper and magazine advertising campaign ■ One (1) full -page 4 -color acknowledgement in the Official Souvenir Program Radio/lnternet: A Sponsor (verbal recognition) included in advanced radio advertising campaign ■ Sponsor logo included on Classic website, www.chrisevert.or� ■ Internet link between Classic website and Sponsor website COLLATERAL ADVERTING Sponsor Logo/Name, inclusion on the following materials as follows: = Sponsor Logo o Save -the -Date o Brochure o Poster o Billboards (if applicable) o Movie Theater ad (if applicable) o Scoreboards ■ Sponsor Name o Press Release(s) o Brochure 2 o Poster o Souvenir Program Cover o Sponsor acknowledgement within Souvenir Program o Sponsor acknowledgement within Gala Dinner Dance Program o VIP Sponsor Board o Corporate identification on each box o Sponsor acknowledgement on Video screen at the Gala Dinner Dance ON -SITE BANNERS ■ Two (2) banner spaces (3'x7') on Center Court throughout the Classic weekend (sponsor to provide banners) PROMOTIONAL ADVERTISING • One (1) sales /promotional/display tent (approximately 10'10') on site throughout the Classic weekend with internet and electrical capabilities (Sponsor to be responsible for all internet expenses incurred) • Right to participate in advance promotions • Center Court public address announcements • Participation of City officials in Press Conference for the Classic • Right to be present on Center Court and acknowledgement on Center Court during the awards ceremony HOSPITALITY • Thirty two (32) invitations to the Celebrity Classic Cocktail Party at the Boca Raton Resort & Club, Friday evening October 31. • Four (4) seats at the Gala Dinner Dance at the Boca Raton Resort & Club, Saturday evening, November 1. TICKETS/PASSES ■ Four (4) Platinum Boxes (16 seats) for both Classic sessions (32 total tickets) 7 • Twenty (20) General Admission tickets for both Classic sessions (40 total tickets) • Access to the VIP Hospitality Suite at the Delray Beach Tennis Center featuring a catered buffet and open bar • VIP Parking Passes • Special ticket offers to attend the Classic 6. CLASSIC EXPENSES AND REVENUES. (a) Subject to Paragraph 43 hereof, CHARITIES shall be responsible for collecting all revenues generated by, and paying all expenses incurred for, the CIassic, except for those expenses associated with CITY'S obligations set forth herein. (b) CITY acknowledges that CHARITIES will not pay CITY for any expense incurred by CITY in conjunction with the Classic unless CITY has submitted a written estimate of such expense to CHARITIES and obtained written approval from CHARITIES of such expense in advance. 7. INSTALLATION OF FLOORING. The CITY shall provide, at CHARITIES' option, up to 10,000 square feet of temporary flooring for the Classic. CHARITIES shall be responsible for paying all costs up to and not to exceed three thousand five hundred dollars (US$3,500) for installation of the initial 10,000 square feet of flooring. The CITY shall be responsible for the actual installation of the floor. If more than 10,000 square feet of flooring is required by CHARITIES, then CHARITIES shall pay all costs involved in obtaining such additional flooring and for all costs of installation of the additional flooring. S. OFFICE SPACE. The CITY shall provide to CHARITIES office space in the community center and reasonable use of the board room and ticket window section of the ticket office at a date beginning upon the Monday preceding the Event and ending one day after the completion of the event. The exact space to be use by CHARITIES shall be determined as mutually agreed upon by the parties. In the event the parties cannot mutually agree upon a space, the CITY shall have W the sole discretion to determine the space to be used by CHARITIES. Upon vacating the office space, CHARITIES shall leave the space utilized in a condition equal to that which existed on the date CHARITIES occupied the space, ordinary wear and use thereof only excepted. 9. FORCE MAJEURE. If CHARITIES or the CITY is prevented from or interfered with in any manner whatsoever in fully performing its agreements (including its ability to conduct the Classic(s)) hereunder, for any reason beyond its reasonable control such as any law, regulation, act of God, earthquake, flood, fire, accident, labor controversy, act or threat of terrorism or delay of a common carrier (the foregoing all being examples of an "event of force majeure "), then CHARITIES' and the CITY'S obligations hereunder will be suspended as often as any such event of force majeure occurs and during such occurrences, CHARITIES' and CITY'S nonperformance will not be deemed a breach of this Agreement 10. AUTHORIZED AGENT. CHARITIES hereby designates Chris Evert Charities, 7200 W. Camino Real, Suite 310, Boca Raton, FL 33433, Attn: Tami Starr, as CHARITIES' authorized agent for all purposes hereunder. All notices or submissions to be made or delivered by CITY to CHARITIES pursuant to this Agreement shall be delivered to said address free of all charges, such as, for example, shipping charges and customs charges. 11. TAXES. CHARITIES shall be liable for any and all taxes which are or may be imposed as a result of this agreement. Taxes shall be paid to the appropriate authority and including, but not limited to, sales and use tax. 12. PROOF OF INSURANCE. CHARITIES shall provide the CITY with proof of insurance being in force. The type and quantity of insurance is more particularly set forth in Exhibit "A" to this agreement. Proof of such insurance shall be due by 30 days prior to the first day of the event. The insurance shall name the CITY and its designee as additional insured. 9 13. FINANCIAL RESPONSIBILITY. CHARITIES agrees, subject to the provisions of this Agreement, to accept all financial responsibilities for the Classic including, but not limited to, all accounting and reporting as may be required by law. CIIARITIES further agrees to accept sole responsibility for any financial commitments or obligations it incurs as a result of the Classic, and which are not provided for in this Agreement. 14. OTHER SERVICES AND SUPPLIES. CHARITIES further agrees that all services and supplies not specifically identified herein shall be provided by or through CHARITIES. 15. CONCESSION RIGHTS OF CHARITIES. CHARITIES may sell food, beverages, confections, refreshments and novelties or may, subject to approval by CITY, contract with another to provide such service. CHARITIES shall not be required to use the CITY'S exclusive soda vendor if it does not wish to do so. In providing the concession service, CHARITIES or any person, firm, or corporation with whom it contracts for such purpose (hereinafter referred to as "concessionaire ") shall comply with the following provisions provided, however, that CHARITIES shall remain ultimately responsible to CITY for all obligations required of the concessionaire. a. Concessionaire shall, prior to commencing any activities, obtain any and all permits and licenses that may be required in connection with the operation of this concession. b. All food, drinks, beverages, confections, refreshments, etc. sold or kept for sale shall be first class and quality, in accordance with the Department of Health requirements, shall conform to all federal, state, county, and municipal laws, ordinances and regulations in all respects. C. Concessionaire may have the option to sell alcoholic beverages at the Tennis Center. Sale of alcoholic beverages must comply with all federal, state, county, and municipal laws, ordinances and regulations and must be properly licensed by the State of Florida. d. Concessionaire may, at its expense, furnish additional equipment and fixtures to be utilized in the concession. Concessionaire shall submit plans and speci- fications concerning fixtures and equipment to CITY for approval prior to installation of any items. For the purpose of this Agreement, "fixture" shall be defined as anything 10 annexed or affixed to a building or structure or which appears to be so affixed or annexed, regardless of whether it is capable of being removed. e. The Concessionaire shall provide all maintenance, repair and service required on all equipment used on the concession. f. Concessionaire shall keep all fixtures, equipment and personal property, whether owned by Concessionaire or CITY, in a clean and sanitary condition and shall cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by CITY. All state health laws and state health department regulations must be strictly complied with. All janitorial services necessary in concession area shall be provided by Concessionaire at Concessionaire's expense. g. Concessionaire agrees to dispose of all refuse and garbage, in compliance with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to keep outside container areas cleaned at all times. h. If the concession is operated by a person, firm or corporation other than CHARITIES, such person, firm, or corporation shall at all times maintain worker's' compensation insurance coverage for all employees which it employs within the areas and facilities covered by this Agreement, together with the policy or policies of public liability and products liability insurance and provides Iimits of at least One Million ($1,000,000.00) Dollars for combined single limit coverage; provide liquor liability insurance with limits of at least One Million ($1,000,000.00) Dollars and provide fire legal liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide that they will not be cancelled or amended without at least ten (10) days written notice to the Risk Manager of CITY and shall name CITY, its officers, agents and employees as additional insured. 16. ACCEPTANCE OF TOURNAMENT SITE. (a) Prior to the Classic, CHARITIES may inspect and examine the Site to determine that said Site is in adequate and satisfactory condition for the uses contemplated. CHARITIES assumes full responsibility and liability for all damages, losses and liability caused by conditions on the Site, which arise once it commences use and occupancy of the Site, and which conditions are caused by or result from the actions of or failure to act by CHARITIES, its employees, agents or representatives, or by the actions of or failure to act by exhibitors, independent contractors, workers or invitees of CHARITIES while on the Site. CHARITIES indemnifies, defends and holds CITY, and its designee, harmless for any such claims unless such damage, loss or liability was caused by conditions on the Site which are inherent in the structures 11 involved, or the direct result of CITY'S (including its employees and agents), negligence or misconduct. (b) CITY, and its designee, shall not be responsible for any damage or injury to, or personal conduct, safety and welfare of CHARITIES, its employees, agents or representatives, or exhibitors, independent contractors, workers, and invitees while on the premises and CIIARITIES expressly indemnifies, holds harmless and releases CITY from any and all such claims, damages, losses or liability associated therewith, unless such claim, damage, or liability is the result of CITY'S (including employees and agents) negligence or misconduct. 17. REPAIR REPLACEMENT AND MAINTENANCE. CHARITIES shall pay all costs for cleanup, repair and replacement and all damages of whatever origin or nature, for which it is responsible, ordinary wear and use thereof only excepted, which may occur during the term of this Agreement in order to restore the Site to a condition equal to the condition at the time CHARITIES occupies the Site. CHARITIES shall be responsible for clean -up of the Site during and after the Classic. If at any time CITY determines that the clean -up services provided by CHARITIES are not adequate or that said services endanger public health and safety, CITY shall notify CHARITIES in writing and if CHARITIES fails to clean up after receipt of written notification, CITY may provide these services. CHARITIES shall reimburse CITY for the costs of providing these services and for the actual costs of any supplies. 18. TICKET SALES. All tickets for admission shall contain language approved by CHARITIES and CITY establishing that the tickets create a revocable license. Prior to the sale of any admission ticket, CHARITIES shall provide City Manager or his designee with the established selling price of each type and kind of ticket for his review and approval. 19. ADVERTISING MATTER. (a) CHARITIES agrees, subject to its rights, if any, under any applicable License Agreements, to identify the City of Delray Beach as the site of the Classic in all publications, advertising and any electronic broadcast, and to permit CITY to use CHARITIES' trademark or any trademark authorized to be used by CHARITIES, and CITY agrees to permit CHARITIES 12 to use the CITY'S name and logo and trademark during the term of this Agreement solely in the connection with the Classic. CITY agrees that promotional material created by CITY with regard to the Classic is subject to the approval of CHARITIES. CHARITIES agrees that any material submitted by CITY will not be unreasonably disapproved, and, if it is disapproved, that CITY will be advised of the specific grounds of the disapproval. (b) All printed material and advertising matter to be used prior to or at the Classic which include the name City of Delray Beach or its official seal shall be submitted to the City Manager or his designee for his approval at least two (2) days prior to the proposed use of the same. Approval shall not be unreasonably withheld by the City Manager or his designee. CITY agrees that it shall always use the official name of the Classic as designated by CHARITIES and no other name when making reference to the Classic in CITY'S promotional materials. (c) If CHARITIES is able to secure television coverage for the Classic, CHARITIES shall ensure that any such television coverage of the Classic shall specifically mention the CITY as the host in the opening of each and every broadcast. CHARITIES will use best efforts to provide CITY with an overview of the City of Delray Beach. (d) CITY or its designee, at the request of CHARITIES, shall temporarily cover advertisements, corporate logos or trademarks that appear throughout the Tennis Center, at its sole expense. 20. EVENT PERSONNEL AND EQUIPMENT. CHARITIES shall provide all personnel needed for the Classic, including, but not limited to, set up and take dawn personnel, ticket sellers, ticket takers, ushers, sound technicians and stage hands except as otherwise set forth in Paragraph 3(a) or elsewhere in this Agreement. 21. POLICE AND EMERGENCY PERSONNEL. CHARITIES agrees to make arrangements with the CITY designated representative to provide for CITY police personnel which the CITY determines, in its sole discretion, is necessary for the Classic. Also, CHARITIES shall contact the CITY designated representative to make arrangements for Emergency Medical Technician personnel to be present at the Classic. 13 22. CITY'S RIGHT TO CONTROL PREMISES. CITY at all times reserves the right to eject or cause to be ejected from the premises any person or persons violating or to keep persons from violating any of the rules or regulations of the Tennis Center or any city, county, state or federal laws, and neither CITY nor of any its officers, agents or employees shall be liable in any manner to CHARITIES or its officers, agents or employees for any damages which may be sustained by CHARITIES through the exercise of this right by CITY. 23. ALCOHOLIC BEVERAGE LICENSE. In the event an alcoholic beverage license is required, CHARITIES or its agents shall apply for and obtain a temporary alcoholic beverage license from the State of Florida Department of Business Regulations, Division of Alcoholic Beverages and Tobacco for the sale of alcoholic beverages at the Site for the Classic. CHARITIES, or its agents, shall display said license in a conspicuous place at the Site of the sale and/or distribution of the alcoholic beverages. CHARITIES shall be solely responsible for timely reporting and remitting the appropriate retail surcharge on the alcoholic beverages sold for consumption to the Division of Alcoholic Beverages and Tobacco. CHARITIES, or its agents, shall strictly comply with all rules and regulations established by the Division of Alcoholic Beverages and Tobacco of the State of Florida and any other applicable statutory and regulatory regulations, 24. VACATION OF CLASSIC SITE. CHARITIES agrees to vacate the licensed Classic Site no later than two (2) days after the completion of the Classic; to leave said Classic Site in a condition equal to that at the commencement date CHARITIES occupies the Classic Site each year, ordinary wear and use thereof only excepted, and that CHARITIES shall remove from the Classic Site within five (S) days following the closing of the Classic, all material and equipment owned by CHARITIES. 14 25. NON - DISCRIMINATION. A. That CHARITIES for itself, its personal representatives, successors in interest, assigns, subcontractors, and sublicensces, as a part of the consideration hereof, does hereby covenant and agree that: 1. No person on the ground of race, color, national origin, age, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the Use of said facilities. 2. That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, national origin, age, or sex shall be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination. 3. That CHARITIES shall use the premises in compliance with all other requirements imposed or pursuant to Title 45, Code of Federal Regulations, Article 80, Non - discrimination Under programs receiving Federal Assistance through the Department of Health, Education and Welfare - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. B. That in the event of a proven breach of any of the above non - discrimination covenants, the CITY shall have the right to terminate the license and to take possession of said facilities and hold the same as if said license had never been made or issued. This provision shall not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are followed and completed including exercise or expiration of appeal rights. C. CHARITIES shall not discriminate against any employee or applicant for employment to be employed in the performance of the contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, physical handicap (except where based on a bona fide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 15 26. CHANGE IN LAW. During the term, the CITY reserves the right to restate and /or renegotiate with CHARITIES such additions, deletions or changes to the license as may be necessitated by changes in county, state or federal laws relating to the operation of the downtown site. In the event that the CITY and CHARITIES are unable to reach a mutual agreement on any such addition, deletion or change, that portion of the contract concerning the services involved in the addition, deletion or change shall be terminated or eliminated. 27. CANCELLATION BY CITY, The occurrence of any of the following cause this Agreement to be automatically terminated: A. Institution of proceedings in voluntary bankruptcy by CHARITIES. B. Institution of proceedings in involuntary bankruptcy against CHARITIES if such proceedings lead to adjudication of bankruptcy and the CHARITIES fails within ninety (90) days to have such adjudication reversed. The CITY shall have the right, after fourteen (14) calendar days written notice sent by registered or certified mail to CHARITIES specifying the amount of payment(s) in default, to terminate this Agreement whenever the non- payment of any sum or sums due hereunder continues for a period of ten (10) calendar days after the due date for such payments; provided, however, that such termination shall not be effective if CHARITIES makes the required payment(s) during the fourteen (14) calendar day period following receipt of the written notice. 28. DEFAULT BY CHARITTIES. The CITY may terminate this Agreement for cause upon CHARITIES' failure to perform any of the terms and conditions of this Agreement and such failure in performance not remedied by CHARITIES within thirty (30) days after receiving notice in writing of such default or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice in writing stating the nature of the failure of performance and the CITY'S intention to 16 terminate if not corrected and which remedial measures must be completed within a reasonable time set forth in the notice from the CITY. 29. DEFAULT BY CITY. CHARITIES may terminate this Agreement for cause upon CITY'S failure to perform any of the terms and conditions of this Agreement if such failure in performance was not remedied by CITY within thirty (30) days after receiving notice in writing of such default, or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice in writing stating the nature of the failure of performance and CHARITIES' intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth in the notice from CHARITIES. 30. NOTICES. Any notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: To the City: Douglas E. Smith, Interim City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 To CHARITIES: Chris Evert Charities 7200 W. Camino Real, Suite 310 Boca Raton, FL 33433 Attn: Tami Starr or to such other addresses as either party may designate in writing. 31. INTERPRETATION. This Agreement constitutes the entire Agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may be amended only by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other 17 breach. Invalidation of any portion of-this Agreement shall not automatically invalidate the entire Agreement. 32. INDEMNIFICATION. (a) To the fullest extent permitted by laws and regulations, CHARITIES agrees to indemnify, defend, save and hold CITY, its officers, agents, employees and assigns and Dubin & Associates, Inc., harmless from any and all claims, damages, liabilities, losses, causes of action, liens or judgments of any kind or nature whatsoever which may arise out of, in connection with, or because of the use, maintenance, or operation of the licensed facilities, including but not limited, to the exterior facilities and grounds, parking areas, pedestrian walkways, vehicular paths and grassy areas, by CHARITIES or its officers, agents, employees, or independent contractors, and invitees including but not limited to those resulting from or arising out of (a) by any act done or words spoken by CHARITIES, its players, agents or employees; (b) any damage done to the premises or any part thereof caused by the act or omission of either CHARITIES or any player, agent or employee of CHARITIES: (c) the breach by CHARITIES of any term of this Agreement; or (d) any breach or alleged breach of any warranty or obligation undertaken by CHARITIES in this Agreement. CHARITIES shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection therewith, including but not limited to reasonable attorney's fees and costs to defend all claims or suits, in the name of CITY when applicable. (b) CHARITIES agrees to defend all actions to which this Paragraph 30 applies, in the name of CITY provided, however, that CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding which selection shall be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility of CHARITIES under this indemnification agreement. (c) Such indemnification shall be limited to the amount of commercial general liability insurance which CHARITIES is required to obtain under this License Agreement. (d) Nothing contained herein is intended nor shall be construed to waive CITY'S rights and immunities under the common law or Section 768.25, Florida Statutes, as amended from time to time. The provisions of this Paragraph 32 shall survive the execution, delivery and performance of this Agreement. I: 33. PERSONAL PROPERTY. CITY assumes no responsibility whatsoever for any property placed on the Site by CHARITIES, its agents, employees, representatives, independent contractors or invitees. CITY is hereby expressly released and discharged from any and all liabilities for any loss, injury or damage to such property that may be sustained by reason of the use and occupancy of the Site under this Agreement, unless such damage, loss or liability is caused by CITY'S (including employees and agents) negligent, reckless or intentional act(s). If any claim or cause of action is brought against the CITY relating to personal property as contemplated by this paragraph, and where such claim or cause of action is not founded on the negligent, reckless or intentional action of the CITY (including employees and agents), then CHARITIES shall defend any such action in the name of CITY provided, however, that CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding which selection shall be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility of CHARITIES under this agreement. 34. INDEPENDENT CONTRACTOR STATUS. CHARITIES and its employees, volunteers and agents shall be and remain 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 or for any other reason whatsoever. This Agreement 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. 35. WARRANTY. Except as otherwise provided for herein, the CITY and CHARITIES represent that they have, to the best of their knowledge and belief, all rights and authority necessary to fulfill the obligations hereunder without breaching the terms of any other agreement to which either CHARITIES or CITY is a party. 36. ASSIGNMENT. This Agreement shall bind and inure to the benefit of CHARITIES and the successors and assigns of CHARITIES. The rights granted CHARITIES hereunder shall be exclusive to it and shall not, without the prior written consent of CITY, be transferred or assigned to any other. 19 37. RESERVATION OF RIGHTS. All rights not herein specifically granted to CHARITIES with respect to the Classic shall be and remain the property of CITY. 38. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between CITY and CHARITIES in respect to the subject matter of this Agreement and supersedes all prior agreements. 39. EXECUTION AND DELIVERY REQUIRED. This instrument shall not be considered to be an agreement or contract, nor shall it create any obligation, whatsoever, on the part of CHARITIES or CITY, or either of them, unless and until it has been signed by representatives of CHARITIES and CITY and delivery has been made of a fully- signed original. 40. CHARITIES' TAX - EXEMPT STATUS. All activities and operations of CHARITIES will be consistent with an organization which is exempt from federal income tax under Section 501(a) of the Internal Revenue Code, by virtue of being an organization described in Section 501(c)(3) of the Internal Revenue Code. To conflict with CHARITIES' tax - exempt organization, such obligation is hereby waived by CITY and shall not be binding upon CHARITIES. In the event any obligation to CITY is waived on account of the foregoing sentence, suitable alternative arrangements, consistent with CHARITIES' tax - exempt status, will be made so as to avoid any inequity to CITY. 41. THIRD PARTIES. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 42. VENUE. Any action brought to enforce the provisions of this Agreement shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. 20 43, TICKETMASTER. (a) CITY or its designee shall provide the services of its facility and box office through Ticketmaster only for those tickets elected by CHARITIES to utilize such services in connection with the Classic. These services will be provided in a timely, professional and diligent manner and in accordance with CHARITIES reasonable ticket specifications. CHARITIES agrees that it will provide facility and box office services for those tickets for which CHARITIES does not elect to utilize the services through Ticketmaster. (b) In full payment for the ticket services, CHARITIES agrees to CITY imposing a two and one half percent (2.5 %) charge against ticket proceeds where such proceeds are generated through credit card sales and five cents ($.05) per ticket for ticket stock. CITY acknowledges that no other amounts will be charged to CHARITIES (other than payment of state sales tax) for ticketing for the Classic. (c) CITY shall pay ninety percent (90 %) of all amounts due to CHARITIES within 15 days of the CITY receiving the funds from Ticketmaster. CITY shall pay the balance of the remaining ten percent (10 %) to CHARITIES within 60 days after the completion of the event, less amounts for which refunds have been issued. If CHARITIES fails to hold the event as scheduled, CHARITIES shall be responsible to Ticketmaster- Florida, Inc. for all refunds incurred as a result of the cancellation or rescheduling, up to the face amount of the ticket price Per ticket purchased and refunded plus any additional credit card fees that may be imposed. 44. APPROVALS. All approvals to be given by a party under this Agreement shall not be unreasonably withheld or delayed. IN WITNESS WHEREOF, the parties have caused this agreement and one counterpart, both of which shall constitute originals, to be executed by its proper officers hereto duly authorized on the year and date first above written. ATTEST: City Clerk Approved as to Form: City Attorney CITY OF DELRAY BEACH, FLORIDA 21 WITNESSES: (print or type name) STATE OF COUNTY OF CHRIS EVERT CHARITIES, INC. By: Name Printed: Title: SEAL The foregoing instrument was acknowledged before me this clay of 20 _ by CHARITIES, INC., a of CHRIS EVERT corporation, on behalf of the corporation. He /She is personally known to me/or has produced (as identification). 22 Signature of Notary Public MEMORANDUM 'A Z TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Douglas E. Smith, Interim City Manager DATE: January 28, 2013 SUBJECT: AGENDA ITEM 10.G. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 SPECIAL EVENT REQUEST / DELRAY BEACH FIREFIGHTER'S AND PARAMEDICS BENEVOLENT 5K WALK/RUN ITEM BEFORE COMMISSION City Commission is requested to approve a Special Event Permit for the Delray Beach Firefighter's and Paramedics Benevolent 5K Walk/Run to be held on Saturday, May 18, 2013 from 5:00 a.m. until approximately 9:00 a.m., set up at 5:00 a.m., race to start 7:00 a.m. Commission is also requested to approve a temporary use permit per LDR Section 2.4.6(F) for the use of Anchor Park and the City right - of -way along Ocean Boulevard from Casuarina to George Bush Boulevard, to waive parking meter fees in Anchor Park and Sandoway lots, and to authorize staff assistance for providing traffic control, barricading, signage, trash pickup and removal and set up and use of half of the small stage. BACKGROUND Attached are the Special Event Permit, site plan and budget we received from Joe Falcone, on behalf of the Delray Beach Firefighter's and Paramedics Benevolent, to hold a 5K Walk/Run on Saturday, May 18, 2013 for a fundraiser for the family of Eric Patric. The route requested is on A -1 -A from Casuarina to George Bush Boulevard. The stage will be set up in the park on Friday and removed on Monday. The estimated overtime costs for the event is approximately $1,475, plus a 5% administrative fee of $75, stage rental is $265, barricades rental $100 and trash boxes $35, for a total of $1,950. Per the Special Event Policies and Procedures, the event producer is required to pay 100% of all City costs at an estimated. RECOMMENDATION Staff recommends approval of the Special Event Permit, the temporary use permit, and the waiver of parking fees in Anchor and Sandoway parking lots from 5:00 a.m. until 9:00 a.m. We also recommend authorization to provide staff assistance for traffic control, barricading, signage, clean up, and stage set up and use contingent on the receipt of the Certificate of Liability Insurance and Hold Harmless Agreement by May 4, 2013. City of Delray Beach aLwarHcH Special Event Permit ' Al, -Awica t Application REVISED 11.2,11 PLEASE TYPE OR PRINT 1993 ?nn, Event Name/I'itle: i re ; � � {' � ���i� � � �Ur. �w�l k Event Date(s): —lie j� Times: Requesting street closure: . yes I/ (If yes, need time /date for closure and reopening) no Event Sponsor/Producer: 1 rr Event Contact/Coordinator: Aae Name: ,k- Address: -Q- - Telephone Number., E -mail Address: t �k U0 t' 1 6 Sy n - < ?oiC� Cellular umber: 5�i -7( -) - t Event Description/Purpose: £2; c, t ('Ar.:f. Brief History of Event (If applicable): °r1� ; 5 i < a t ; is A- tte event Planned Activities (Outline of activities /number of activities, i.e. entertainment, children's rides, games, other programs): k Vk LJP�1 k act Cere„- Page 1 of 5 t' Page 2 of 5 Number of Individuals Served Previous Year (if applicable): l A Describe the targeted population and expected attendance: t he c rte• r Describe how the program or project addresses community needs: 'tl � a� S g T. Describe your Marketing/Promotions Program (How will you market/promote i.e. TV, radio, posters, flyers, web sites, other): 1).-% Ver< FI . 1 W' �n Sponsor Category (please check) City © Non- Profit/Charitable)(. Private n Co- Sponsor -- Non- Profit/Private o (4f Non-profit attach proof of 501c(3), c(4), c(6), C(10), or c(19) or (d) Event Loc tion ( Describe area boundaries of event/location): Site plan attached: yes no (Site plait required for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no`s (If yes, attach proof of approval) Rental of Old School Square Park: yes no (If yes, attach proof of rental agreement with Parks & Recreation) Private Property Use: yes no (If yes, attach letter giving authorization from property owner) Event budget Revenue & Expenses attached: yes 7C no (Requi at eventsj - - - - -- -- - - U NNv data\Speeiul Event Request\*c "sat Event Permit Application REVISED FINAL FYI o -11 (I)Aoo Page 3 of 5 Previous year year Revenue/Expense summary attached: yes no X- (Required for all events) Arts and Economic Impact Calculator attached: yes no "K Obtained on line at www,AmericansForTheArts.org (Required for all events except minor events and 5K Runs) Do you have cash sponsors for the event: yes x , no (Indicated on budget) Do you have inkind sponsors for the event: yes. - - -__— no (Indicated on budget) Serving or selling alcoholic beverages; yes no if yes, what entity is obtaining the Alcohol License permit? (If yes, copy of license and alcoltol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes no C, � �(�,� (Required two (2) weeks prior to event naming the City as additional insured, also required for or vendors) Playing of amplified music: yes no (ff giver required) cum RA Will there be entertainment: yes no X (if yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no Requesting Police assistance: yes- - -__X-_ no (traffic control /security) Will supplement with private security: yes no (If yes, need plant attached) Requesting Emergency Medical assistance; yes no —A Requesting barricade assistance: yes X no (If no, /row are you handling ?) Requesting trash removal/clean up assistance: yes no (If no, how are you handling ?) Requesting trash boxes /containers and liners: yes X no Requesting s age user - -- yes no - (If yes, check type) Large stage (14' x 361) o Small stage (16' x 211) o Half small stage (S' x 21') X U,Xmvdata)Speciai Event RequestlSpMdEvent Pen-nit Appfication REVISED FINAL FY10- 11(3).doc Page 4 of 5 Requesting signage: yes�� no Type: �4'x4'Event sign^ Parking Signs Banner ha-aging Indicate dates required ?06-; (Waiver required if more than hPo (2) week prior to event) Requesting City Portable Generator: yes no J� (If yes, size & power) Food and beverage vendors: If yes, approximate number (Health Department approval required) Other vendors: (Indicate type) yes no yes no yes no Tents: yeses_ no If yes, .How many Y What size or size required ba xio (If yes, tent permits andfire inspections my be needed) Will the event include amusement rides: yes no-- (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: yes no � (Show on site snap) Will there be a charge for the event: yes X no (If yes, indicate ticket prices) $ o� � Will there be fireworks or other pyrotechnics: yes 110 X (If yes, contact Fire Marshal to obtain and complete perfnit application) Will there be cooking with compressed gas: yes no �C (If yes, contact Fire Marshal for inspections) Will you be providing port-a-lets for the event: yes no )!C (If yes, locate on- -site snap. If no, Indicafe how you will handle restroom needs) Is iwerved parking requested: yes no _ (If yes, indicate locations and purpose for use) i , \w%idatMSpecla1 Event RequeOSpecial Event Permit Application REVISED FINAL FYI 0-1 E(3).doc Page S of 5 Event Permit Attachments: Revenue/Expense Budget Revenue/Expense Recap Last Years Event Site Plan Arts and Economic Inipaet Calendar Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof of Non- Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement, notarized. Submittal Bate Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 clays prior to event • Neighborhood Block Party 30 days prior to event EN ent ontractor /Coorrdinator Date Please print: 30C, l AAccan e— Please enclose the appropriate non - refundable application fee payable to the City of Delray Beach, 100 N.W. 1St Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Ortly� � Date Received l�� /� Application fee received i 3 U:1 r��xdatnLSpcciniEYCntRequrstl5peciat Event PermitApplicadon REVISED FINAL FYI 0-1 1 {3}.doc TELRMTCA A t A S1, t.13op DS: LROil? BEAM, I 'Ft O RS iDR 2A'lt >N . B F :Wo%4 C '3fuAA OL- rGaR.iJ aofLANG >rr -WAV WLE1. , 00A-lkIONwrt zlis mmi :apAlA,{334 ' un ocawb : op A 1 A kT Giro .A-t Isto bF M013LE �►LU�� Ati.sI.��- ci.p�Nrtswb.w�TW d ATLAV,mcG v, PAIN -- TPA "414 BAs_ J�2 0L. hilt, va LL&U co,�-SlS µ4u %T i E PLALT$N ou Pa;ita't ei- 4 ut iut�srt Kt�.P re. -r�%R REGI -L'L: 0 s Al r /OlW - 5irle ##.1t u a T,>L.acL cb�sE apt -- l�pry B L Le L.L fC 0 r Dtv tr>Lr- L�2ooSDL UF�ECTVVE t*TE 09! /Zol 2, 12�3t�2o Z� t G ............................................. Building/ Restrooms s -:F 20 x 20 J pl' Tent , r1i -, : L'n, )7' P Stage To Atlantic Ave. . p -M F9S9T t!1= (,� E 1 w � - il.i w � _, SEA 4 Cn 0 -Y �s ti L1U71iJ rYUy� Witherspo on R Wme 'ee s /pidden��<L arc Harbor Q rid Driftwood Landing 1 LV _s^ D South' Dr St 6 ST C'L Harbor'_ D-.r NE 5 St Island --Dr w E z � z Beach Dr, SEA SPRAYw AV w WATER�'►'AY� w LAS San bw L a Q ~ Lain .(G O Sty N� ST Vist 1 M r E c ` M } � W1 __ . w vi to D l Erg St �D ST Lu NE 1 Ct BASIN DR ST Lowry.. �L St - AIlantici Fire XXXjG °` Plaza i terans l� Sta rk E3 fLtEr2 OR7 L . D e o to mar Dr. L ST a ❑ y c -0 c o COCONUT ST m ingraharn11°Ave ©cean 0 Nassau 4St`I e . Q) T �j Ba St - Yacht Langer ST � � ar Casuarina Id J h TC rr rA �L - _0 Mel al uce � � Te + 4� °'Tamarind Rd ST 0 Rd { f - eD 0 Rai ina � s 1 w � - il.i w � _, SEA 4 Cn 0 -Y �s ti L1U71iJ rYUy� Witherspo on R Wme 'ee s /pidden��<L arc Harbor Q rid Driftwood Landing 1 LV _s^ D South' Dr St 6 ST C'L Harbor'_ D-.r NE 5 St Island --Dr w E z � z Beach Dr, SEA SPRAYw AV w WATER�'►'AY� w LAS San bw L a Q ~ Lain .(G O Sty N� ST Vist 1 M r E c ` M } � W1 __ . w vi to D l Erg St �D ST Lu NE 1 Ct BASIN DR ST Lowry.. �L St - AIlantici Fire XXXjG °` Plaza i terans l� Sta rk E3 fLtEr2 OR7 L . D e o to mar Dr. L ST a ❑ y c -0 c o COCONUT ST m ingraharn11°Ave ©cean 0 Nassau 4St`I e . Q) T �j Ba St - Yacht Langer ST � � ar Casuarina Id J h TC rr rA �L - _0 Mel al uce � � Te Rd C ssa °'Tamarind Rd ST 0 Rd { - eD 0 Rai ina 1st Annual Firefighter Eric Patrie 5k Run /Walk 2013 Budget January 25th, 2013 Beginning Balance (Provided by Delray Fire Benevolent) $6,000.00 Revenues Estimated Expenses $100.00 as of 1/25/13 1. T- Shirts $1,500 2. City Services $1,950 3. Costco 400 4. Accu -Chip Timing $1,100 5. Marketing 500 6. Trophies 500 Balance as of January 25thth, 2013 150 We are currently being funded by the Delray Beach Fire and Paramedics Benevolent Fund and are soliciting sponsors for cash and in -kind goods to offset the cost. A $400 deposit has been paid to the timing company to reserve the weekend and insurance has been secured through USA Track and Field for $250. 1 will forward insurance information to the city when I receive paperwork. The funds mentioned above have already been paid for by the benevolent. Registration is open and we have collected $100 from sign -ups as of today. Thank You, Joe Falcone, Event Director MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Director of Environmental Services THROUGH: Douglas E. Smith, Interim City Manager DATE: January 30, 2013 SUBJECT: AGENDA ITEM 10.H. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 REJECTION OF BID PROTESURIC -MAN CONSTRUCTION, INC. ITEM BEFORE COMMISSION Review and consider rejecting the bid protest from the second lowest bidder, Ric -Man Construction, Inc. on the Area 12A -Phase 1 Reclaimed Water System project, P/N 2011 -036. BACKGROUND On January 15, 2013, the City received and opened five (5) bids for the Area 12A -Phase 1 Reclaimed Water System project. At the bid opening, first glance, Lanzo Construction, Co., Florida (Lanzo) appears to be the lowest bidder at $1,470,000. However, examination of Lanzo's bid documents reveal that the Bid Bond, although executed by the surety, did not state the specific dollar amount or the percentage (as 5 %) in the first paragraph of the City's Bid Bond form. On the City's Bid Bond form, paragraph (a) states that the bid bond shall be in the amount of five percent (5 %) of the base bid. Since both parties, the surety and contractor, executed the City's Bid Bond and provided the appropriate Power of Attorney form, staff viewed the bond as valid; that the omission of the specific dollar amount or percentage on line three of the first paragraph as a clerical over site. Therefore, the City posted the standard public notice stating the intent to award to Lanzo Construction, Inc. Immediately following the notification, the second lowest bidder, Ric -Man Construction, Inc. at $1,538,312.00, filed a bid protest. The protest is on the grounds that Lanzo had an unfair advantage; stating that since their bond is unenforceable they could submit a bid and be free from penalty if they choose not to move forward with the contract execution. After reviewing the documents with the City Attorney's Office, staff is still in the opinion that the omission cited above was a Scrivener's error and not a material deficiency on behalf of the low bidder. The City's contract documents, under the "Instruction to Bidders ", page I13-6, paragraph 16.1 states that "The City reserves the right to accept any bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and /or irregularities, ... ". Prequalification by the City in the category of "Underground" work was a requirement for this bid. Lanzo has been prequalified to perform work for the City, thus through the prequalification process they have demonstrated that they can satisfy the City's bonding requirements. Staff feels it is in the City's best interest to reject the bid protest. The low bid is $68,312 lower than the second bid. A copy of the bid protest and the City's response is attached. RECOMMENDATION Staff recommends City Commission consider the irregularity of Lanzo Construction, Co., Florida's bid as a Scriveners's error and reject the bid protest submitted by Ric -Man Construction, Inc., the second low bidder, relating to the bid award for construction of the Area 12A- Phase 1 Reclaimed Water System project (P/N 2011 -036). BID BOND STATE OF FLORIDA ) ) SS COUNTY OF '° �_Ld ) KNOW ALL MY BY THESE PRESENTS that Lanzo Construction Co., Florida as Principal, and Liberty Mututal Insurance Company as surety, are held and firmly bound unto the City of Delray Beach, Florida, hereinafter called the City in the penal sum of dollars ($ ) lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas the Principal has submitted the accompanying bid, dated _January 15, 2013 - ___,.,, for project titled: RECLAIMED WATER EXPANSION - AREA 12A (PHASE 1) City of Delray Beach Project No. 2011 -036 Bid No. 2013 -25 NOW, THEREFORE, (a) It is a condition precedent to the submission of said bid that a certified check, cashiers check or bid bond in the amount of five percent (5 %) of the base bid be submitted with said bid as a guarantee that Bidderwould, if awarded the contract, enter into a written contract with the CITY for the completion of the Work specified in the Contract Documents for the amount indicated in the Bid. (b) If the Principal shall not withdraw said bond within (60) days after date of the same, and shall within fifteen (15) days after the prescribed forms are presented to him for signature, enter into a written contract with the CITY in accordance with the bid as accepted, and give bonds with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, then the above obligation shall be void and of no effect, otherwise the sum herein stated shall be due and payable to the CITY and the surety herein agrees to pay said sum immediately upon demand of the CITY in good and lawful money of the United States of America as liquidated damages for failure thereof of said principal. IN WITNESS WHEREOF, the above - bounded parties executed this instrument undertheir several seals, this _ 15th day of _ January , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Kristyn M. Langbeen (ciira4ul Liberty Mututal Insurance Company (person), on behalf of rety company) have read and examined the Performance and Payment Bonds attached to Bid No. 2013 -25 4 Sign kt re f Date: January 15, 2013 P -11 WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary Only will attest and affix sea[) WITNESSES: Print Name: Michelle Buechel r Print Name: Rose Koehler P -12 PRINCIPAL Lanzo Construction Co., Florida (firm M By: (Signature of Authorized Officer) (affix Seal) Print Name: N i e4l el a I L - Lr:ra Title: V1 ' . Fi e_ d Business Address: 125 SE 5 Court Deerfield Beach, FI 33441 SURETY: Liberty Mututal Insurance Company firm a e) (Sign ature,,A orneO rr= act) (affix Seal) Print Name:_ Kristyn M. Langbeen Business Address 5600 New King Street Suite 360 Troy, MI 48098 Name of Local Insurance Agency Guy Hurley Blaser & Heuer LLC THIS POWER OF ATTORNEY IS NOT VALID, UNLESS IT IS PRINTED..O.N RED :BACKGROUND. This Power of Attorney limits the acts at those named herein, and they have.no authority to bind the Company.except in the manner and to.the extent herein stated. `C2rtIflCatO No. . 5816705 American Fire and. Casualty Company Liberty. Mutuallnsurance Company The Ohio Casualty Insurance Company . ' Peerless Insurance Company. West American lnsurance Company 'POWER OF AT E KNOWN ALL PERSONS BY TH ESE ,PRESENTS: That:Arnerican Fire.& Casualty Company and The Ohio. Casualty Insurance Company are corporations duly organized under the laws of E the State of Ohio, that;Liberty Mutual Insurance Company is a corporation duly organized under the laws :of: the . State of Massachusetts; that Peerless Insurance Company is a corporation . j duly organized, under the laws of the State of New Hampshire, and West American Insurance Company is a corporation duly organized under the laws of the State. of Ipd'rana (herein ' collectivelycalled the'Comparties"), pursuantto and by authority herein.setforth, does hereby name, constitute and appoint;. Anne Bahck; C. A..lnhnsnn; Kristyn M. Langbeen: Linda L, Austin: Margaret ff Miohael D. Loohnerm Michelle Buechel Paul M. Hurley:. R' hard S. McGre or� Robert D. Heuer T. R. Guy all of tho 'cityof Troy state of MI each individually if there be mare than one named, its true and lawfuf,attorney- in- factto make, execute, seal, acknowledge and deliver, for and pn.its behalf as surety and as.its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents.and shall be as binding upon the Companies as if they have been duly sigried by the president and attested by tine secretary of the. Companies in their own proper.'persons. IN WITNESS WH E REOF, this.Powerof Attorney has been subscribed by an authorized off iceror official of the Companies and the corporate seals afthe Companies have been affixedthere.to this 15th day of; October 2012 , 7+ American Fire and Casualty Corripany a A The Ohlo Casualty Insurance Company o , , ; i Liberty Mutual Insurance Company 4) °- -N Peerless Insurance Company. West American Insurance Company N J3 p. By L Gregory W. Davenport, Assistant Secretary STATE OF WASHINGTON ss: _ '8 3 COUNTY OF K[NG o Ste, d On this 15th dayof October 2012. before, me personally appeared Gregory W. Davenport, who acknowiedged himself to be the Assistant Secretary of American Fire and >;fn 0 —. Casualty Company, Liberty Mutual Insurance Company, The Ohio Casuals Company, Peerless Insurance Company and.WestAmerican Insurance Company, and that he, as such, bein Y P Y. Y P Y. Y P y. P, Y -P . Y 9_ W E �'> authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on of the corporations by.himse:lf as a duly authorized officer. M IN WITNESS WHFRECF, I have hereunto subscribed my name and affixed my notarial seal at Seattle Washington, on the.day and year first above written. `jn 0. a Kp Riley , Nota Public, d`a p.E C _ This Power of Attorney is made and executed pursuant to and by authority of the following By laws and Authori zations of American Fire and Casualty Company, The Ohio Casualty Insurance N Company, Liberty.Mutual insurance Company, West American Insurance Company and Peerless Insurance Company, which resolutions are now in full force and effect reading as follows: G) ARTICLE IV OFFICERS Section 12.' Power of Attorney Any officer or.other official of the Corporation authorized for that purpose in writing by the Char-man or the President, and subject :pC p C to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make; execute seal, 3 E acknowledge and deliver as surety anyand all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective y L. powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. `:When so '0 executed, such instruments shall be:as;binding as if signed bythe President and attested. to by the Secretary, Any.power or authority granted to any representative or attorney -in -fact under v the provisions of this article may be revoked at any time bythe Board the Chairman, the President or by the officer or officers granting such power or authority +r N � o0 F ARTICLE Xllf -Execution of Contacts - SECTION 5. Surety. Bonds and Undertakings Any officer of the Company authorized for that. purpose in Writing by the chairman or the president, ;� ol and subject to such limitations as the chairman or.the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute; c seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety :obligations.: Such attorneys in fact subject to,the limitations set forth in their v r respective powers of attorney, shall have full.power to bind the Company by theiCsigmture and execution of any such instruments and to attach thereto the seal of the,Company. When so executed such instruments shall be as binding as if signed. by the president and attested by the secretary. Certificate of'Designation, - The President of the Company acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport,.Assistant Secretary to appoint such attorney -in -fact as may be necessary to act on behalf of.the.Compat y to make; execute, seal, acknowledge and deliver.as surety.any and all undertakings, bonds,: recognizances and other surety. obligations. Authorization- By unanimous consent of the Companys,Board of directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any:power of attorney issued. by the Company in connection with surety bands, shall be:valid and biding upon,the Company with the same force and effect as though manually affixed. I; David. M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio.CasualtyInsurance Company, Liberty Mutual Insurance Company, West American Insurance Company and Peerless Insmir ce;Company do iereby certify that the .original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney,executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY. WHEREOF I have hereunto set my hand and affixed the seals of said Companies this r_t day o Y ~A3 20J . ~ T. By .;' David M. Carey, Assistant Secretary , FCC, LMIC, QCIC PIG WAIC f 138 of 1000 ,& LMS 873 041012 City of Delray Beach To Purchasing Officer 100 NW 1st Avenue Delray Beach, FL 334422 LETTER OF T R A N S M I T T A L Daniel LaCross, Project Manager 3100 SW 15" Street FROM Deerfield Beach, FL 33442 Office: (954)426 -1221 Fax: (954)426 -1226 PHONE 561- 243 -7161 DATE 1/18/2013 FAX 561 - 243 -7166 HERE WITH, WE TRANSMITTED THE FOLLOWING MAILED X HAND DELIVERED PICK -UP BY COPIES DESCRIPTION Bid Protest for: ] Bid No. 2013 -25 Reclaimed Water Expansion — Area 12A (Phase I) FOR YOUR APPROVAL REVISION AS REQUESTED OTHER X REMARKS RECEIVED BY i" SIGNED BY REVIEW AND SIGNATURE RESUBMIT APPROVED AS NOTED PRINT NAME Purchasing Officer PRINT NAME Daniel IF E,,( LOSURL� Aiz.i�. NOr i F:I). 11LE,�sT- NCTI[ R I C - M A N C O N S T R U C T 1 O N F L O R ] D A , I N C ., 11 I._ q a 11 i l)eer[,eld Office BT �BNi.,'. D nI d 6 ach I L = -I II' l?2),rc�gp l gfTcc 9 -4 4'6_r� i I av "1 1. 116,11'_ o ffiice IKA Noiih America Wal- we., Olr,«_ aOD_ "N. 379. "00o City of Delray Beach To Purchasing Officer 100 NW 1st Avenue Delray Beach, FL 334422 LETTER OF T R A N S M I T T A L Daniel LaCross, Project Manager 3100 SW 15" Street FROM Deerfield Beach, FL 33442 Office: (954)426 -1221 Fax: (954)426 -1226 PHONE 561- 243 -7161 DATE 1/18/2013 FAX 561 - 243 -7166 HERE WITH, WE TRANSMITTED THE FOLLOWING MAILED X HAND DELIVERED PICK -UP BY COPIES DESCRIPTION Bid Protest for: ] Bid No. 2013 -25 Reclaimed Water Expansion — Area 12A (Phase I) FOR YOUR APPROVAL REVISION AS REQUESTED OTHER X REMARKS RECEIVED BY i" SIGNED BY REVIEW AND SIGNATURE RESUBMIT APPROVED AS NOTED PRINT NAME Purchasing Officer PRINT NAME Daniel IF E,,( LOSURL� Aiz.i�. NOr i F:I). 11LE,�sT- NCTI[ R I C - M A N C O N S T R U C T 1 O N F L O R ] D A , I N C ., 11 I._ q a 11 i STEARNS, ROBERTS, GUTTENTAG & ZELMER, L.L.C. A,Partnership of' Board Cerofeed Construction Attorneys 805E Hillsboro Blvd. Mic31ae1 E. Stearns, Esquire Deerfield Beach, FL 33441 nles@ itearnsroberts.com, ~ � Telephone Igo: (954) 570 -8999 -_ Facsimile Igo: (954) 834 -5740 Douglas 1. Roberts, Esquire www. flwid di r@stearnsroberts.coni a- cozl5tr'uction- law�rers.com Richard E. Guttcltag, Esquire re (ci)stearnsroberts.com. Diane J. zeirner, Esquire `` C L di z9stearnsrobcrts.coin *Florida Certified Building Contractor January 18, 2013 Via Hand Deliver Purchasing Officer 100 N.W. First Avenue Delray Beach, FL 33444 RE' Bid No, 2013 -25 RECLAIMED WATER EXPANSION — AREA 12A (PHASE 1) City of Delray Beach Project No. 2011 -036 Bin PROTEST Dear Purchasing Officer, Undersigned counsel represents Ric -Man Construction, ereferenced p oj"). Please be advised that Ric-Man files this formal protest regarding oth Pursuant to Section XV, Bid Protest aP cAs thestecond lowest ebidtderbaRia- Manbhas action and inaction of the City of Delray Be h standing to file this protest. Specifically, the purported lowest bidder, Lanzo Construction, failed to submit a responsive bid in that the bid bond submitted by list Lanzo enal sum on the bid bond form anddthe the bid opening an January 15, 2013, failed p date was not fully filled out. At the bid open�ete bid bond, but his request was grefused upon kthe photograph of Lanzo Construction's income Y This was grounds that it would be made avalbblLaorno once structiotnWS a public record t ttand here was no improper. The bid bond submitted y basis to refuse production of same, or in this �ct existed whenitherbids were of it with a cell phone to document the condition of the bnd as The City failed to take action in that it received material rec def cency ei and non-responsive t l form of documents and considered same despite th the bid bond submitted by Lanzo Construction. City fordm have of the bidtbond subm ttedn of Lanzo Construction's bid due to the material deficiency in the Further, in permitting consideration u�Lanzo v Construction's other bidderds submission, the City's action gave Lanzo Construction an 1/18/2013 Purchasing Officer 100 N.W. First Avenue Delray Beach, FL 33444 Page 2 Construction was able to submit its bid to the City and is free to refuse to move forward with a contract with the City without penalty because its bid bond is unenforceable. Ric -Man complied with the bid bond requirement and posted a complete bid bond for 5% as was required and therefore does not enjoy the right to refuse to proceed to contract if awarded the project by the City. This is precisely the type of unfair advantage which the bidding rules and law are supposed to prevent. The City has now compounded its improper action in permitting Lanzo Construction's bid to be considered by recommending an award of the project to Lanzo Construction, which Ric -Man also protests. Case law authority supports Ric -Man's position in this matter. in Robinson Electrical Co. v. Dade County, 417 So. 2d mater material 3d D a irregularity 1982), the court follows. set the analysis for determining what constitutes In determining whether a specific noncompliance constitutes a substantial and hence nonwaivable irregularity, the courts have applied two criteria — first whether the effect of the waiver would be to deprive the munici alit of its assurance that the contract will be entered into performed and cl uaranteed accordin to its s ecified requirements, and second whether it is of such a nature that its waiver would adverse) affect competitive bidding by lacin a bidder in a position of advanta a over other bidders or by otherwise undermining the necessar common standard of com etition. Robinson, 417 So. 2d at 1034 (emphasis added). The Robinson court further stated that, "a variance is material if it gives the bidder a substantial advantage over the other bidders, and thereby restricts or stifles competition." Id. The Robinson standard was further elucidated in Phoenix Moving & Landsca in Inc. v. De t. of Trans., 2001 WL 432180, wherein the Administrative Law Judge ( "AU ") explained' There is a clear statement of what is implied in Florida decisions, i.e., that it is the o tion to w -1.1y that matters not the actual act of walk in awa from the deal. Because fthe lowest bid ler'sl bid was not res onsive he enio ed the benefit of being able to take a second look and decide whether or not to accept the contract. That he chose to stand by his bid does not cure the fact that he Rained a substantial competitive advantage over all the other bidders for this contract, including the [protesting second lowest bidder]." Id. at 7. (Emphasis added). The lowest bidder in Phoenix Pavin tendered a personal, unsecured corporate ch ce for be bid bond amount instead of a bid bond or certified funds. The ALJ found material, nonwaivable variance and ruled that the second lowest bidder be awarded the 1/18/2013 Purchasing Officer 100 N.W. First Avenue Delray Beach, FL 33444 Page 3 contract. The opinion stated that, "the failure of a bidder to submit enforceable security on a bid is not a minor technical irregularity that the Department may waive." In Interstate Rock Products Inc. y. U.S., 50 Fed.Cl. 349 (2001), the court dealt specifically with the issue of a bidder's failure to include the penal sum on a bid bond in its bid submission. The court held that the protesting bidder lacked standing to protest the award of the contract to the lowest bidder because the protestor submitted a bid package which included a bid bond without a penal sum listed. As the court stated: Mel failure fof the bidder] to submit a properly executed bid guarantee rendered its bid nonresponsive. The government is not permitted to consider [the bidder's] explanation concerning the defect in its bid bond, and [the bidder] is not entitled to alter its bid with additional documents following bid opening. [The bidder] requested [the government] to declare its bid responsive on the basis of [the bidder's] explanation that (1) the omission of the penal sum was a clerical error; and (2) it had previously executed a proper bid bond, but that it asked the surety to execute a second bid bond because the first one was partially illegible. [The government] was entirely correct in rejecting this request. That Interstate has direct application to the facts in this protest is undeniable; here, just as in Interstate, Lanzo Construction submitted a bid bond without a penal sum listed therein. In both instances the failure to submit a bid bond with the penal sum listed was a material nonwaivable variance which rendered the bid nonresponsive. Bid bonds are not immaterial components to a bidder's submission. To the contrary, "when required by a solicitation, a bid guarantee is a material part of the bid and must be furnished with it." See A &D Fire Protection Inc. v. U.S., 72 Fed.Cl. 126 (2006). As stated in To The Heads of De 'ts Inde . Establishments Agencies, and Others Concerned: Contracts -Bid Bond Requirements - Noncompliance Necessitating Resection, 38 Camp. Gen. 532, B -137, 219, 1959 CPD 10, 1959 WL 1465 (Feb. 5, 1959): It cannot be questioned that the furnishing of a bid bond is reasonably related to the purposes of procurement, and it is a proper exercise of administrative judgment to determine whether or not bid bonds are needed in a particular case.... a believe that when such a determination has been made and the invitation requires a bid bond, that requirement becomes a material part of the invitation noncompliance with which renders the bid nonresponsive. Or stated differently, "a bidder submitting a nonresponsive bid has no standing to protest an award, because it has no chance of receiving the award." A &D, 72 Fed.Cl. at 138. 1/18/2013 Purchasing Officer 100 N.W. First Avenue Delray Beach, FL 33444 Page 4 Courts in other jurisdictions have reached similar conclusions. In Gaeta v. Ridley School Dist., 757 A.2d 1011 (Pa. Comm. Ct. 2000), the court held that submission of a bid bond from a "B" rated surety instead of from a surety with the required "A -" rating or better was material and not responsive. In Bodine Electric of Champaign v. City of Champaign, 711 N.E. 2d 471 (III. App. 4th 1999), the court rejected as nonresponsive the submission of a 5% bid bond by the lowest bidder when a 10% bond was required. In A &D, the court determined that the submission of a bid bond via facsimile instead of physical submission of the original bid bond was a material deficiency which rendered the bid nonresponsive. Page RFB -1 of the Request for Bids issued by the City on the subject project specifically required the submission of a certified check, cashier's check or a 5% bid bond: Each bid must be accom anied b a certified check drawn upon any State or National Bank of Florida, cashier's check drawn upon any State or National Bank of Florida or an acre table bid bond in an amount not less than five percent of the base bid_ as guarantee that the BIDDER will not withdraw from the competition after the opening o fl rsicl the bids and, if written notice is given of such award, entered into a written Contract with the City of Delray Beach, Florida, in accordance with the written Proposal. Should the successful BIDDER fail to enter into a Contract the check or bid bond shall be forfeited as liquidated damages. Further, the form of the bid bond itself specifies in section (a) that, "it is a condition precedent to the submission of said bid that a certified check, cashiers check or bid bond in the amount of five percent 5% of the base bid be submitted with said bid...." A condition precedent is a condition that suspends the coming into effect of a contract (or in this instance a responsive bid) unless or until a certain event takes place. That certain event in this instance is the submission of a responsive bid bond as part of a bidder's bid. The City's own bid bond form in effect states that a bidder has not submitted a bid unless it contains a bid bond. Lanzo Construction failed to meet the required condition precedent of submitting a bid bond with its bid package. The terms of the City's Request for Bids cited above are standard language; the requirement is material. It is inescapable that the City should not have considered Lanzo Construction's bid which failed to include a proper bid bond with penal sum amount included, and further the City's recommendation to award the contract to Lanzo Construction was improper because Lanzo Construction's bid was not responsive to the invitation to bid and gave Lanzo an unfair advantage in the bidding process. The variance in Lanzo Construction's bid was material and rendered its bid nonresponsive and nonwaivable by the City. The facts set forth herein and the case law cited demonstrates that Lanzo Construction's bid submission meets both requirements of the Robinson test. The fact that Lanzo Construction is free to walk away from the contract without penalty not only deprives the City of its "assurance that the contract will be entered into, performed and guaranteed according to its specified requirements," but also provided Lanza Construction with an unfair advantage over all 1/18/2013 Purchasing Officer 100 N.W. First Avenue Defray Beach, FL 33444 Page 5 other bidders in that it was free to submit its bid without fear of penalty if it later decided to refuse to proceed to contract with the City. Ric -Man's bid was the lowest, responsible, responsive bid to the City's bid solicitation and Ric -Man should have been awarded the project. Request is made that the City withdraw its award of the project to Lanzo Construction and award the project to Ric -Man as the lowest responsible, responsive bidder on the project. EITY OF DELRRY BEREH DELRAY BEACH bcad AI I- America City 1 I r -) c -1 N, 'J. 1 -A AVENUP L?E.'.R A`.' B"+.CF ?, -WRIDe CSC WRITER'S DIRECT LINE: 561/243 -7161 January 29, 2012 Stearns, Roberts Guttentag & Zelmer. L.L.C. 805 E. Hillsboro Blvd. Deerfield Beach, FL 33441 Re: Response to the Bid Protest filed Regarding Bid No 2013 -25 Dear Mr. Stearns: This is in response to your letter of protest regarding staffs recommendation on the contract award for the Area 12A Phase 1 Reclaimed Expansion project. The City received five bids on January 15, 2013 for the referenced project, with Lanzo Construction ( Lanzo) the apparent low bidder. As stated, during the bid opening, staff immediately noticed that the Bid Bond submitted by Lanzo Construction did not specify an amount or a percentage, however, the bid bond was signed by the surety agent with the appropriate Power of Attorney form attached. Page P -11, Paragraph (a) of the Bid Bond form states that the bid bond is to be in the amount of 5% of the base bid. Lanzo submitted the City's Bid Bond form, signed by the surety, with an attached Power Attorney form, rendering bid bond enforceable. Therefore, Lanzo has not been given an unfair advantage. In the "Instruction to Bidders" of the contract document, page I13-6, paragraph 16.1 states that "The City reserves the right to accept any bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, ... ". It is in the City's best interest to consider Lanzo Construction as the low bidder and recommend them for contract award. The recommendation for contract award to Lanzo Construction is scheduled to be on the February 5th, 2013 City Commission meeting. A representative from Ric - Man may appear at this Commission meeting and state the basis of their protest; however, the City Commission shall be free to award the bid as recommended by staff and enter into an agreement with the low bidder. Based upon the responses listed above, I would recommend that the bid protest be denied and that the bid be awarded to Lanzo Construction Co., Florida. SERVICE ' PERFORMANCE - INTEGRITY - RESPONSIBLE - INNOVATIVE ' TEAMWORK Sincerely, CITY OF DELRAY BEACH, FLORIDA By: ig Patsy dal Purc asing Manager Approved by Lldnl� as required by the City's Bid Protest Procedure. CAy Manager Approved by , as required by the City's Bid Protest Procedure. City Attorney MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Director of Environmental Services THROUGH: Douglas E. Smith, Interim City Manager DATE: January 25, 2013 SUBJECT: AGENDA ITEM 10.H1 - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 BID AWARD TO LANZO CONSTRUCTION, CO., FLORIDA ITEM BEFORE COMMISSION Approve a bid award to Lanzo Construction, Co., Florida in the amount of $1,470,000.00 for construction of the Area 12A -Phase 1 Reclaimed Water System project, P/N 2011 -036. BACKGROUND On January 15, 2013, the City received and opened five (5) bids for the Area 12A -Phase 1 Reclaimed Water System project. Lanzo Construction, Co., Florida (Lanzo) appears to be the lowest bidder at $1,470,000. Examination of Lanzo's bid documents revealed that the Bid Bond had was not fully complete, which staff viewed as an informality and/or irregularity, thus considering the bid package valid. The City received an official bid protest from the second bidder regarding the omissions on the bid bond, which staff requests City Commission to reject. Prequalification by the City in the category of "Underground" work was a requirement for this bid. Lanzo has been prequalified to perform work for the City. The scope of work involves continuing construction of the reclaimed transmission and distribution system on the barrier island, from Atlantic Avenue south to Casuarina Road, and from Gleason Street east to AlA. The project includes the installation of 10 ", 6" and 4" PVC pipe throughout the residential neighborhoods. The City has received grant funding for this project in the amount of $170,000 through the South Florida Water Management District (SFWMD). The grant program requires that the project be completed by August 31, 2013. Bid tabulation and a location map are attached for reference. FUNDING SOURCE Funding is as follows: Reclaim water work in the amount of $1,117,425.00, account 441- 5181 -536- 68.73, W &S Fund/Reclaim Water Area 12A; Storm Drainage work in the amount of $118,305.00, account 448 - 5461 -538- 68.67, Storm Water Utility/ Bay Street pump Station Improvements; and Water and Sewer work in the amount of $234,270.00, account 442 - 5178 -536- 63.50, W &S Renewal & Replacement Fund /Water Mains (after a budget transfer). RECOMMENDATION Staff recommends City Commission consider the irregularity of Lanzo Construction, Co., Florida's bid as a Scrivener's error and award the contract to Lanzo Construction, Co., Florida the in the amount of $1,470,000 for construction of the Area 12A- Phase 1Reclaimed Water System project (P/N 2011 -036). W m Q m a =a r w Q O d m Z O Q ­0 °' a J Z Z m w Q U H CL 0 x W W O w 0. 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J= t6 -__ �W 0 U m m C C c c_ rL CD A W W p Ll u6 m m Q O ^d m m C •= d O C m m m S O }� h O C G n❑ c 0 C. d a y 01 d'a'a. R Q > d C O R' c>zn gin e6 c0 m 4r°r'n@i aMO wEawWWwW�WW m m mho iii w�� .E 3 3' m >,Q mm c wcs� m mywanXEE3ma y; °Q Q' oo E m m 3 '- L 'm- a �'o m �❑ m wu= w 'g t a m a.E mw a - x A x x R c'r5 W W ww W PSn❑ iUa1� i > i �i °' w v c -.. =aaa �', -' - -c asm U'i >_ a 0..• m �m > "-' m� ami x m> @ �° m~y mLL L,m m w� W w}i Em�nEEE£EoUC'�Ua'x�x° ammECmomc��oom°o.m m'ro�m�� H cd_da Z a< Y K o U 0¢ e°i U¢ a z m U cg g rc b¢ r a z s m LL V» , n t �'w - E m$ w° uu :AW. ks T } N Wr t n w m Ykh+IAR ST. F COCOwl NOMAMW AYE a *OEM TER. A/LAIy11C 41^�Mf ST. 7 F ' at LANCER CASUARNiA RD, WAY Llt—� SE STk ST. /JGDA m y `bul p C7 AREA 12A RECLAIMED WATER SYSTEM - PHASE I P/N 2011 -036 Project Location Map MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, Director of Planning & Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: February 1, 2013 SUBJECT: AGENDA ITEM 10.I. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 PROPOSAL/ EASTMAN AGGREGATE ENTERPRISES, LLC. ITEM BEFORE COMMISSION This item is before Commission to approve authorization for Eastman Aggregate Enterprises, LLC. to proceed with the Hurricane Sandy Sand Dune Repair in the amount not to exceed $138,666.00. BACKGROUND On January 26, 2013 a DEP permit was issued under the Emergency Final Order for the placement of up to 2500 cubic yards of sand on approximately 750 lineal feet at the north end of the beach. This material is to be obtained from an approved upland source known as the "Stewart Mine" located in Ft Pierce, Florida. This material can be placed on the beach by Eastman Aggregate Enterprises, LLC which has an ongoing competitively bid contract with Palm Beach County. Attached is an itemized invoice from Eastman Aggregate Enterprises, LLC in the amount of $138,666.00 to transport the (3500 tons, 2500 cubic yards) of sand from the mine and place the material on the beach. If the City Commission approves the contract, Eastman Aggregate Enterprises, LLC has committed to completing the project by the permit expiration date of February 28, 2013. With respect to utilizing the borrow area for the sand staff has contacted DEP with respect to expediting the necessary permits. To date the DEP has not returned our calls. Further while we will continue to pursue this avenue, it raises the following concerns. The latest estimated arrival of the dredge to Delray is currently the beginning of March (March 7, 2013). This would not accommodate the February 28th completion date for placement of the fill. Further if we were successful in either extending the emergency dune restoration permit or receiving a modified permit under an expedited process, this will extend into turtle season and require involvement of the Federal Government (U.S. Fish & Wildlife). This will likely result in, at best, additional monitoring tasks (added expense) and, at worst, delays of the current project or a prohibition of movement of the stockpiled sand source until after turtle season (after October 31, 2013). The retention of stock piled sand creates concerns with lose of material to erosion and potential issues of windblown material impacting adjacent dunes and adjacent roadways. 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 Eastman Aggregate Enterprises, LLC. to proceed with the Hurricane Sandy Sand Dune Repair in the amount not to exceed $138,666.00. RIChmzl LI > Rick) 5padoni Lxocutivc Director/ Project Manager Caasteal Plaiming & Engineering. tnc. A Sir ,qvv Group Company 2481 t-J V%l Baca Raton Bcolevard L.oca }?,aton, Florlaa 33431 EASTMAN AGGREGATE ENTERPRISES, LLC 3705 BELLEVUE AVE LAKE WORTH, EL 33461 OFFICE: S61- 959 -7147 FAX: 561- 434 -3477 SAND HAULING PROJEC DATE: 1/29/2013 1 SUPPLY SAND 3,500.00 TON 9100 31,500.00 2 TRANSPORT AND DELIVERY - FILLC FIRST TON MILE) 1 3,500.00 Ton -Mile 1.34 4,690.00 3 TRANSPORT AND DELIVERY - FILL (ADDITIONAL TON MILE) 105 371,000.00 Ton -Mile 0.14 51,940.00 6 BEAC#-I PLACE AND GRADE (WOO FROM ACCESS) 3,500.00 TON 2.00 7,000.00 9 SITE PREPARATION & RESTORATION 1.00 W/o 1296.00 1,296.00 13 COMPACTION MANAGEMENT 40,000.{}0 SF 0.10 4,000.00 15 MAINTENANCE 0F'TRAFFIC 1100 W/O 1.296.00 1,296.00 16 PORTABLE SAND QUALITY LAB -W/TECHNICIAN S Event 324.00. 1,944,00 MOBILIZATION FOR PROVIDED ACCESS LOCATION /ADDITIONAL OPERATIONAL EXPENSES 1 LIS 0.00 35,000.00 TTAL'13$rGft6.0(? EXCLUSIONS / CLARIFICATIONS 1 SURVEY & CONSTRUCTION LAYOUT TO BE PROVIDED BY OTHERS 2 ALL PLWIITS & ACCESS TO THE DUNE TO BE PROVIDED BY THE OWNER THIS PROPOSAL IS SUBJECT TO ALLTERMS AND CONDITIONS OF ALL DOCUMERTS HEREOF, AND SHALL BECOME A CONTRACT WHEN ACCEPTANCE BELOW IS SIGNED BY AN AUTHORIZED AGENT OF BOTH PARTIES ACCEPTED: FOR: EASTMAN AGGREGATES ENTERPRISES, LLC FOR: DATE: DATE: STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of , 20137 by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and EASTMAN AGGREGATE ENTERPRISES, LLC (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all documents attached hereto, and will perform all requirements, pursuant to all covenants and conditions, as provided by this Agreement and any attachments. 2. The CONTRACTOR, as evidenced by the execution of this Agreement, acknowledges that it has examined all specifications and requirements of this bid. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of all requirements provided by this Agreement. 3. The Agreement between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: AGREEMENT DOCUMENT (S) Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Certificate Drug Free Work Place Certification Proposal (Schedule of Pricing) Bid Documents (other agency) I PAGE NUMBERS 1 -4 5 6 7 -8 9 10 4. The term of this Agreement shall commence upon execution of this agreement by both parties and all work shall be completed by February 28, 2013. 5. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1 st Avenue Delray Beach, FL 33444 As to CONTRACTOR: Eastman Aggregate Enterprises, LLC 3705 Bellvue Avenue Lake Worth, FL 33461 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this Agreement and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, conditions and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any 2 negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by -laws, ordinances or regulations by the CONTRACTOR, its agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at its own expense or to provide for such defense, at the CITY'S option, for any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Agreement performed by the CONTRACTOR, its agents or employees. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. 3 The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. This Agreement and the documents attached hereto and listed above constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. 12. The Parties agree and acknowledge that the CITY is "piggybacking" off of the contract between Palm Beach County and CONTRACTOR and that the terms and conditions of that agreement shall govern unless they are in conflict with the terms and conditions of this Agreement, and in that event, the terms and conditions of this Agreement shall govern. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Thomas F. Carney, Mayor 4 WITNESSES: (please type or print name) (please type or print name) STATE OF COUNTY OF Eastman Aggregate Enterprises, LLC (please type or print name) CORPORATE ACKNOWLEDGMENT The foregoing instrument was acknowledged before me this , 2013, by or agent, title of officer or agent), of day of (name of officer (state or place of incorporation) corporation, on behalf of the corporation. He /She is (personally known to me) (or has produced identification) and has used his /her identification. (type of identification) as Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped 5 CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors of , a corporation under the laws of the State of held on 20_, the following resolution was duly passed and adopted: "RESOLVED ", that , as President of the corporation, he /she is hereby authorized to execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation ". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20_ (Secretary) (Seal) DRUG FREE WORKPLACE CERTIFICATION If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid /proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. The drug -free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug -free workplace through implementation of this section. Contractor's Name Signature FLOS001 OP ID: NX CERTIFICATE OF LIABILITY INSURANCE 70T2101120113 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 954-735-5500 NAMEACT Gateway Insurance Agency Fax: 954- 735 -2852 Fort Lauderdale Branch PHONE FAX Arc No Ext : AIC No): 2430 W. Oakland Park Blvd. Fort Lauderdale, FL 33311 EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC p INSURERA:The Charter Oak Fire Ins Co 25615 X COMMERCIAL GENERAL LIABILITY INSURED Florida Soils &Aggregates LLC INSURERB:St. Paul Travelers 00070 Eastman Aggregate Enterprises, LLC, BEL Equipment Leasing LLC INSURER C: Technology Insurance CO. DAMAGE TO RENTED PREMISES Ea occurrence INSURER D: Eastman Aggregates Inc Attn: Mr. Bernard D. Eastman 3705 Bellevue Avenue INSURER E : INSURER F: $ 5,000 Lake Worth FL 33461 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X DTC04984C94ACOF12 04/1612012 04/16/2013 DAMAGE TO RENTED PREMISES Ea occurrence $ 300 000 CLAIMS -MADE 7XI OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS- COMPfOP AGG $ 2,000,000 POLICY X PRO LOC JECT $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 $ BODILY INJURY (Per person) $ A X ANY AUTO DT8104984C94ACOF12 04/1612012 04/16/2013 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED AUTOS X NON -OWNED AUTOS PIP $ 10,00 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 6,000,000 AGGREGATE $ 6,000,000 B EXCESS LIAB CLAIMS -MADE CU P4984C94ATIL1 2 04/1612012 04/16/2013 DED X RETENTION $ 10000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORfPARTNERfEXECUTIVE TWC3311749 04/0112012 04/01/2013 X WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 OFFICERfMEMBER EXCLUDED? ❑ (Mandatory in NH) NIA USL &H INCLUDED E.L. DISEASE- EA EMPLOYEE $ 1,000,000 fyes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE- POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Delray Beach Sand Dune Repair. The Board of County Commissioners, Palm Beach County, Florida (a political subdivision of the state of Florida), & City of Delray Beach are listed as Additional Insured with respect to the General Liability when required by written contract only. CERTIFICATE HOLDER CANCELLATION CITDE01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF DELRAY BEACH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 100 NW 1 AVENUE DELRAY BEACH, FL 33444 AUTHORIZED REPRESENTATIVE 2`;�� ACORD 25 (2010105) © 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EITY OF DELRAY PERCH DELRff BEACH DATE: February 5, 2013 SUBJECT: Update on Emergency Dune Restoration Project Last Thursday we heard from Representative Bill Hager's office that DEP would work with us on the permit which is great news, however, it raises the following concerns: • We have both Army Corp permits and DEP permits which cover the project. • We want to make sure that modification of the DEP permit does not require modification of e Army Corp permits because modification of e Army Corp perlIU'L is time consuming and probably would not occur quickly enough. • Secondly, the BO (Biological Opinion) from the USFWS (US Fish and Wildlife Service) limits any fill placement after February 28 (dredge will not arrive till March 7) to the immediate fill project of 1.9 miles which will not include north end of beach without modification. • Normally the USFWS requires 135 days to produce a BO. Timing on a revised or second BO is uncertain, but may be problematic. Current Status • Army Corp has been contacted and they do not believe we need to modify their permit. (because all fill will be placed above high water line), which is good news. • However, if the Corp isn't involved there is no formal mechanism to request involvement (insurance of a modification (letter) to expand the applicability of the BO) of the USFWS under a Section 7 consultation. • Absence of the Corp involvement USFWS can be consulted under a Section 10 process which is much more time consuming and may be problematic. ER `t z f °E '"` r u R M F:3r 'r; ,�.: .�... * , Update on Emergency Dune Restoration Project We have calls into the USFWS Ueff Howe} to see if there is any way to receive these approvals (modification of BO) in the time frames we need. The latest time frames for the fill project estimate a project start date of March 7, 2013 and the project is scheduled to begin at the north end and move southward. All of the above issues would need to be resolved prior to that date. MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICIP, Director Planning and Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: January 30, 2013 SUBJECT: AGENDA ITEM 10.J. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 MODIFICATION TO THE AGREEMENT/ DR. JOHN FLETEMEYER ITEM BEFORE COMMISSION The action requested of City Commission is to authorize an amendment of the last two years of a three year agreement with Dr. John Fletemeyer for sea turtle monitoring through October 31, 2014 to add $12,600.00 in year 2013 and $14,400.00 in years 2014 to the existing yearly contract amount of $38,750.00. BACKGROUND At its meeting of March 1, 2005, the City Commission approved the authorization to proceed with an expanded sea turtle monitoring agreement at an annual cost of $38,750.00 through the year 2007. This agreement included expanded tasks required by the Florida Department of Environmental Protection included inspection and excavation of nests in the City as well as 1,000 feet north and south of the City to determine nesting success and mortality. This increased scope of work was required to be conducted through the year 2007. A request to extend this agreement for 2008 - 2010 without the expanded tasks but with added tasks to comply with new initiatives of the U.S. Fish and Wildlife Service was approved by City Commission on February 19, 2008 extending the agreement through October 31, 2010. A renewal of the agreement for an additional year was approved by City Commission on November 16, 2010. This was limited to one year rather than three years as requested by the applicant as renourishment of the beach was planned for March of 2012 and an expanded turtle monitoring scope of work for up to three years would be required from FDEP (Florida Department of Environmental Protection). These permit conditions include significantly more intensive monitoring during the fill event and for up to two following years. These conditions include the potential for hourly monitoring tasks during the fill event and include recording reproductive success rates which will require the excavation of all nests after initial hatching events. On February 7, 2012 the agreement was extended for three years, 2012 -2014 at an annual cost of $38,750.00 under the assumption that the increased tasks for the upcoming fill project would be similar to those of past fill projects. In the recent coordination meetings with regulatory agencies in association with the 2013 beach renourishment fill event the full extent of additional reporting tasks from the US Fish and Wildlife Service have been discussed. These include extensive escarpment reporting including weekly surveys which will include mitigation for any escarpment exceeding 18" in height and 100 feet in length and submittal of annual summary reports for up to three years. In addition increased lighting survey reporting and additional reproductive success reporting for each of the three turtle species is required. As these tasks are in excess of prior requirements for fill events they were not contemplated in the original turtle monitoring contract. The applicant has requested additional compensation to cover these added tasks in the amount of $12,600 in 2013 and $14,400 in 2014. FUNDING SOURCE The funds for this task are available in the Beach Restoration Fund (Account No. 332 - 4164 -572- 34.90) and are partially reimbursable from Federal sources. RECOMMENDATION Recommend approval of the modification of the Sea Turtle Monitoring Agreement with Dr. John Fletemeyer through the 2014 turtle nesting season not to exceed $51,350.00 ($38,750.00 + $12,600.00) annually in 2013 and $53,150.00 ($38,750.00 + $14,400.00) in 2014. Delray Beach Sea Turtle Monitoring Program Additional Requirements TO: Mr. Paul Dorling Department Head Delray Beach Planning and Zoning Dept, VIA: Mr. Scott Pape FROM: Dr. John R. Fletemeyer Re: SPECIFIC CONDITIONS: CONSOLIDATED JOINT COASTAL PERMIT AND SEVEREIGN SUBMERGED LANDS AUTHORIZATION MARINE TURTLE PROTECTION CONDITIONS, LIGHTING, ESCARPMENT MONITORING, REPORTING. SUBJECT: Request for monitoring contract modification to include additional task identified During preconstruction meeting on January 17, 2013. DATE: January 22, 2013 COMMENTARY: During the Great Lakes pre construction meeting conducted on January 17, 2013 in Boca Raton, Florida several monitoring tasks were identified by FWC and stated in the permitting requirement document referenced above. These monitoring tasks include: • Shore bird monitoring • Light monitoring at the dredge site on the beach • Leatherback monitoring from 9:00 p.m. until 6:00 a.m. • Nest relocation • Beach escarpment monitoring Pursuant to an agreement with Great Lakes, shorebird monitoring, light monitoring at the dredge site and Leatherback monitoring (9:00 p.m until 6:00 p.m.) costs will be paid by Great Lakes Dock and Dredge Company. According the an email correspondent dated January 17, 2013 from Mr. Scott Pape escarpment MO. nitoring and relocated nest evaluation will be the responsibility of Delray Beach failowing the conclusion oftha project anticipated April 1, 2013. These two items are not included in the existing three -year contract that began March 1, 2012. Contract Modification Request: To include the additional two tasks as defined in the document, CONSOLIDATED JOINT COASTAL PERMIT AND SIVERIGN SUBMERGED LANDS AUTHORIZATION, additional time / labor will be required. It is estimated that an additional 1.5 hrs. per day will be required. Amount requested: 2013 (April 1 — October 31, 2013) 2014 (March 1- October 31, 2014) $ 12, 600.00 14,400-00 This additional amount is requested to be added to the remaining two years of the Delray Sea Turtle Monitoring contact between the Delray Beach Planning and Zoning Department and Dr. John R. Fletemeyer. . The contract was executed on March 1, 2013. Amount requested based on 1.5 additional hrs. per day $ $40.00 / hr. (April 1— October 31, 2013) and March 1— October 31, 2013). MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: January 30, 2013 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 ORDINANCE NO. 01-13 ITEM BEFORE COMMISSION This ordinance is before Commission for second readingto 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 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. BACKGROUND At the first reading on January 15, 2013, the Commission passed Ordinance No. 01 -13. RECOMMENDATION Recommend approval of Ordinance No. 01 -13 on second and final reading. Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: January 10, 2013 Page 1 of 1 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. http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 6398 &MeetingID =399 1/30/2013 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. 1 ORD. NO. 01 -13 (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 re)11 effil 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 .cam 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. 2 ORD. NO. 01 -13 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. MAYOR ATTEST: City Clerk First Reading Second Reading 3 r DIMMI KaeF9 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: Brian Shutt, City Attorney DATE: January 14, 2013 SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 ORDINANCE NO. 02-13 ITEM BEFORE COMMISSION The item before Commission amends the City's Code of Ordinances, Section 91.22, "Prohibiting Dogs in Public Buildings, Places of Business ", in order to allow service dogs in public buildings or places of business in accordance with the Americans with Disabilities Act. BACKGROUND The attached ordinance amends the City's Code of Ordinances, Section 91.22, "Prohibiting Dogs in Public Buildings, Places of Business ", in order to allow service dogs in public buildings or places of business in accordance with the Americans with Disabilities Act. RECOMMENDATION The City Attorney's Office recommends City Commission approval. ORDINANCE NO. 02 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 91.22, "PROHIBITING DOGS IN PUBLIC BUILDINGS, PLACES OF BUSINESS ", IN ORDER TO ALLOW SERVICE DOGS IN PUBLIC BUILDINGS OR PLACES OF BUSINESS, PROVIDING A GENERAL, REPEALER CLAUSE; SAVING CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the public health, safety, and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach, Florida, recognizes that people with disabilities may require that service dogs accompany them in public buildings or places of business in accordance with Americans with Disabilities Act Rules and Regulations Regarding Service Animals per 28 CFR, Part 36. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Section 91.22, "Prohibiting Dogs in Public Buildings, Places of Business ", of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows: Sec. 91.22 PROHIBITING DOGS IN PUBLIC BUILDINGS, PLACES OF BUSINESS. It shall be unlawful for any person who shall own, or be in control of or in charge of, any dog, to allow or permit the dog in any public building in the City, or in any place of business in the City without the permission of the owner or manager of the place of business, unless the dog is a service animal that is individually trained to do work or perform tasks for people with disabilities, including guiding people who are blind, alerting people who are deaf pulling a wheelchair, alerting and protecting a person who is having a seizure, or performing other similar duties [as further defined by the Americans with Disabilities Act Rules and Regulations Regarding Service Animals, 28 Code of Federal Regulations (CFR), Part 36, Subpart A- General 36.014 Definitions], in which case the dog shall be allowed in all areas of the building or place of business where the public is normally allowed to go. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such division shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one another and any part declared to be invalid or unconstitutional shall not affect the validity of any remaining portions of the ordinance. Section 3. That all ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. ATTEST: City Clerk First Reading Second Reading MAYOR 2 Ord. No. 02 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: January 29, 2013 SUBJECT: AGENDA ITEM 12.B. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 ORDINANCE NO. 04-13 ITEM BEFORE COMMISSION The item before Commission is consideration of Ordinance 04 -13 which amends the legal description of the Fontaine Fox House historic designation, and changes the designated site name to "Historic Fontaine Fox House Properties" in LDR Section 4.5.1(I), and amends the legal description and development restrictions of the historically designated site set forth in Ordinance 43 -11. BACKGROUND The Fontaine Fox historic designation presently consists of Lots 1 and 2 of the Ocean Apple Estates Plat, the South 50' of Lots 1 and 2, and Lot 3 of Ocean Apple Estates, Plat II (see attached map). The properties are located approximately 900' south of George Bush Boulevard between Andrews Avenue and the Atlantic Ocean. Lot 1 of Ocean Apple Estates is on the east side of Ocean Boulevard (615 North Ocean Boulevard) while lot 2 is on the west side of Ocean Boulevard (610 North Ocean Boulevard). The Lots associated with Ocean Apple Estates, Plat II are located to the west of 610 Ocean Boulevard and span to Andrews Avenue. The properties are zoned R -1 -AAA (Single Family Residential) and were an individually listed on the Local Register of Historic Places in 1989 upon adoption of Ordinance 70- 89. Ordinances 70 -89 and 43 -11 contain the stipulations that on the oceanfront lot one dwelling unit of no more than 2,400 square feet could be built (house erected in 1993) and that the entire Fontaine Fox designated site not contain more than three dwelling units (one house per lot). Three dwelling units presently exist within the designated boundary. Ordinance 04 -13 amends the aforenoted stipulation regarding the maximum amount of dwelling units by permitting four (4) residences, and revising the legal description. These proposed Ordinance amendments are necessary as a result of the proposed Ocean Apple Estates, Plat III which subdivides Lot 2 of Ocean Apple Estates Plat into two conforming lots, each facing North Ocean Boulevard. It should be noted that previous attempts to subdivide the subject properties failed due to concerns over the impact on the historic Fontaine Fox House. This later attempt includes certain additional development restrictions on the newly created lots to assist in maintaining compatibility within the designated boundary. The attached map indicates the existing and proposed lot configuration, along with the border of the historic designation. REVIEW BY OTHERS The Historic Preservation Board (HPB) held a Public Hearing and considered the subject request at its January 16, 2013 meeting where a recommendation of approval was made on a vote of 6 -0. RECOMMENDATION Approve Ordinance 04 -13, which amends the legal description of the Fontaine Fox House historic designation, changes the designated site name to "Historic Fontaine Fox House Properties" in LDR Section 4.5.1(I), and amends the development restrictions, and schedule the Second Reading and Public Hearing for the City Commission meeting of February 19, 2013. ORDINANCE NO. 04 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 43 -11 THAT PROVIDES FOR THE HISTORIC DESIGNATION OF THE HISTORIC FONTAINE FOX HOUSE PROPERTIES; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS ", SECTION 4.5.1, "HISTORIC PRESERVATION: DESIGNATED DISTRICTS, SITES, AND BUILDINGS ", SUBSECTION (1), "LOCAL REGISTER OF HISTORIC PLACES" TO REVISE THE LEGAL DESCRIPTION, PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 70 -89 was adopted on October 24, 1989 and provided for the original historic designation of the Fontaine Fox House and property as described in Section 4.5.1of the City's Land Development Regulations, and allowed the development of a total of 3 dwelling units on the site including the development of a house on the east side of A -1 -A, provided certain conditions were met; and WHEREAS, Ordinance No. 43 -11 was adopted on December 6, 2011 and provided for an amendment to the original historic designation of the Fontaine Fox House and property which revised the legal description, but maintained the original boundary; and WHEREAS, there currently exists the Fontaine Fox house and a house on the west side of A -1 -A within the historically designated area; and WHEREAS, the boundary of the historically designated Fontaine Fox House consists of six (6) properties, or a portion thereof, and is renamed the "Historic Fontaine Fox House Properties" on the Local Register of Historic Places: WHEREAS, the Historic Fontaine Fox House Properties consists of the following: 1. 615 N. Ocean Boulevard, Lot 1, Ocean Apple Estates 2. 605 Andrews Avenue, Lot 3, Ocean Apple Estates, Plat II 3. 1206 Hammond Road, South 50 feet of Lot 1, Ocean Apple Estates, Plat II 4. Vacant, South 50 feet of Lot 2, Ocean Apple Estates, Plat II 5. 610 N. Ocean Boulevard, Lot 1, Ocean Apple Estates, Plat III 6. Vacant, Lot 2, Ocean Apple Estates, Plat III NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1, "Designation" of Ordinance No. 43 -11 of the City of Delray Beach is hereby amended to read as follows: Designation The Historic Fontaine Fox House Properties designation consists of Lots 1 ftnd 2 of the Ocean Apple Estates plat, the South fifty feet (50') of Lots 1 and 2 of the Apple Ocean Estates, Plat II, ai-,d Lot 3 of the Ocean Apple Estates, Plat II, and Lots 1 and 2 of the Ocean Apple Estates, Plat III. The Fontaine Fox House is located on Lot 2 1; of the Ocean Apple Estates, Plat III at 610 North Ocean Boulevard. Section 2. That Section 2, "Requirements of Designation" of Ordinance No. 43 -11 of the City of Delray Beach is hereby amended to read as follows: Requirements and Restrictions of Designation Notwithstanding any provision of the City Code of the City of Delray Beach and any other provision of this Ordinance, the following requirements shall apply to the use and development of the Individually Designated Historic Fontaine Fox s4e House Properties: (1) No more than wee -(;) a total of four (41 dwelling units shall be used, developed, or located within the boundaries of the Historic Fontaine Fox 11isfe)rie Sife House Properties. 44-e Three dwelling units currently exist en the histev:e site within the designated boundary, with one unit on Lot 1, Ocean Apple Estates (615 North Ocean Boulevard ftnd the ..the f one on Lot -2 1 Ocean Apple Estates, Plat III (610 North Ocean Boulevard, and one unit on Lot 3. Ocean Apple Estates, Plat II (605 Andrews Avenue). An additional dwelling unit may be constructed on Lot 2 of Ocean Apple Estates, Plat III. (2) No dwelling unit used or developed on that portion of the Historic Fontaine Fox 11isfe,fie Sif House Properties which lies east of State Road A -1 -A shall contain more than two thousand and four hundred (2,400) square feet of gross floor area. (3) No dwelling unit, or any portion thereof, shall be developed within the south fifty feet (50') of Lots 1 and 2 of the Ocean Apple Estates, Plat II. 2 ORD. NO. 04 -13 (4) Lot 2 of Ocean Apple Estates, Plat III shall include the following development restrictions: (i) a seven t, foot (70') front building setback line, (ii) a twenty -three foot (23') south side building setback line, (iii) a thirteen foot (13') south side landscape easement for landscape materials only, (iv) a twelve foot (12') north side landscape easement for landscape materials only, (v) installation of fences, walls, or other hardscape materials within the landscape easement is prohibited, (vi) a maximum building height of 25' from grade to the roof line, (vii) a maximum of 4,200 total square feet, under -air, for a primary residence, and total 700 square feet for a guest house. Section 3. That Article 4.5, "Overlay and Environmental Management Districts ", Section 4.5.1, "Historic Preservation Designated Districts, Sites, and Buildings ", Subsection (I), "Local Register of Historic Places ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (I) Local Register of Historic Places_ The following Historic Districts, Sites, and /or Buildings are hereby affirmed or established: (1) NASSAU PARK HISTORIC DISTRICT which consists of Lots 2 -19 of Nassau Park, as recorded in Plat Book 16, page 67 of Palm Beach County, Florida; Lots 1 -12 of Wheatley Subdivision, as recorded in Plat Book 16, page 98 of Palm Beach County, Florida; and Block E, Lot 4 and Block F, Lot 1 of John B. Reid's Village as recorded in Plat Book 21, page 95 of Palm Beach County, Florida. (Original designation by Ordinance 97 -87 adopted on January 12, 1988) (2) OLD SCHOOL SQUARE HISTORIC DISTRICT which consists of the south one -half of Block 57 and Blocks 58 -62, Blocks 65 -70, the west half of Blocks 74 and 75, and Lots 1 -6 of Block 76, Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records. (Original designation by Ordinance 1 -88 adopted on February 9, 1988). (3) DEL -IDA PARK HISTORIC DISTRICT which consists of Blocks 1 through 13, inclusive, along with Tracts A, B, and C DEL -IDA PARK, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 9 at Page 62 (Original designation by Ordinance 9 -88 adopted on March 22, 1988) (4) SUNDY FEED STORE, located on the South 85 feet of the North 153 feet of Lot 1, Block 84, Delray Beach, Palm Beach County. (Original designation by Ordinance 102 -88, August 23, 1988, Note: In 1991, the structure was relocated outside of the City of Delray Beach.) 3 ORD. NO. 04 -13 (5) HISTORIC DEPOT SQUARE, located on a parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach (Original designation by Ordinance 119 -88, October 11, 1988) (6) MARINA HISTORIC DISTRICT which consists of Lots 1 to 11, inclusive, Lots 22 to 66, inclusive and Lots 83 to 93, inclusive, Palm Square, an unrecorded Plat located in Block 125 and Block 133 of the Town of Linton n /k /a Delray Beach (according to the plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida); Together with Lots A, D, E and F, Riker Square, according to the Plat thereof, recorded in Plat Book 18, Page 74 of the Public Records of Palm Beach County, Florida; Together with all of Anchorage Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 3060, Page 369, of the Public records of Palm Beach County, Florida, said Condominium being located within Lots B and C, Riker Square, according to the Plat thereof, recorded in Plat Book 18, Page 74 of the Public Records of Palm Beach County, Florida; Together with Lot 1 and Lots 5 to 12, inclusive, Resubdivision of Block 118, Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 2, Page 8 of the Public Records of Palm Beach County, Florida; Together with all of Sloan Hammock Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 9271, Page 258, of the Public records of Palm Beach County, Florida, said Condominium being located within Lots 2, 3 and 4, Resubdivision of Block 118, Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 2, Page 8 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 7, inclusive and Lots 13 to 24, inclusive, Resubdivision of Block 126, Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 11, Page 4 of the Public Records of Palm Beach County, Florida; Together with the South 50 feet of the North 176 feet of the West 165 feet of Block 126, Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 8, inclusive, and Tracts A and B, Marine Bay, according to the Plat thereof, recorded in Plat Book 89, Page 162 of the Public Records of Palm Beach County, Florida; Together with all of Block 134 lying West of Intracoastal Waterway, Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; Together with Lots 13 to 24, inclusive (less South 15 feet SE 3rd Street and North 15 feet SE 2nd Street R /WS, Gracey -Byrd Subdivision, according to the Plat thereof, as recorded in Plat Book 10, Page 52 of the Public Records of Palm Beach County, Florida; Together with Lots A to E, inclusive, The Moorings, according to the Plat thereof, as recorded in Plat Book 20, Page 27 of the Public Records of Palm Beach County, Florida; Together with the North 1/2 of the South 1/2 of Block 127 (less the North 64 feet thereof, & the West 20 feet SE 7th Avenue R /W), Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; together with Lots 1 and 2, Stone Hedge, according to the Plat thereof, as recorded in Plat Book 58, Page 176 of the Public Records of Palm Beach County, Florida; Together with Lots 23 and 24, and the East 8 feet of abandoned alley lying west of and adjacent thereto, Block 120, Blank- Nichols Subdivision, according to the Plat thereof, as recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 3, inclusive, and the North 20 feet of Lot 4, Block 128, Blank- Nichols Subdivision, according to the Plat thereof, as recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Florida. 4 ORD. NO. 04 -13 (Original designation by Ordinance 156 -88 adopted on December 20, 1988; Amended by Ordinance 38 -07, February 2, 2008; Amended by Ordinance 10 -09, March 17, 2009) (7) THE KOCH HOUSE, 777 North Ocean Boulevard. Palm Beach Shore Acres, Lot 21, Block D, Delray Beach, Palm Beach County. (Original Designation by Ordinance 162 -88, January 10, 1989.) (8) SITE OF SCHOOL NO. 4 DELRAY COLORED, located on Block 28, Lot 2, N.W. 5th Avenue. (Original designation by Ordinance 16 -89, April 11, 1989) (9) GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH, 40 N.W. 4th Avenue, located on Lot 7, Block 28, Delray Beach. (Original designation by Ordinance 17 -89, April 11, 1989) (10) ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH, 119 N.W. 5th Avenue, located on Lot 5, Block 27, Delray Beach (Original designation by Ordinance 18 -89, April 11, 1989) (11) THE FREE AND ACCEPTED MASONS OF DELRAY BEACH LODGE 275, 85 N.W. 5th Avenue, located on Lot 1, Block 28, Delray Beach (Original designation by Ordinance 19- 89, April 11, 1989) (12) ST. MATTHEW EPISCOPAL CHURCH, 404 S.W. 3rd Street, located on Lot 1, Block 32, Delray Beach (Original designation by Ordinance 20 -89, April 11, 1989) (13) HISTORIC FONTAINE FOX HOUSE PROPERTIES, The Fontaine Fox House is located at 610 N. Ocean Boulevard, the complete boundary of the site consists of leeffted en Lot -2 1 of Ocean Apple Estates;; ftftd whese hisferieffily desigftftfed bettftdftty eeftsisfs e 17e`s 4 ftfta 2 r ee ftig Apple F'sf `e.%, , Lots 1 and 2 of Ocean Apple Estates, Plat 44 III,; � the South 50 feet of Lots 1 and 21 Ocean Apple Estates, Plat II; and Lot 3, Ocean Apple Estates, Plat II. (Original Designation by Ordinance 70 -89, October 24, 1989, as amended by Ordinance 43 -11, December 6, 2011). (14) THE SCOTT HOUSE, 19 Andrews Avenue, located on the North 50 feet of the West 110 feet of the South 100 feet, less the West 10 feet of the Beach Lot 15, Subdivision of the Fractional East Half of Section 16, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida. (Original designation by Ordinance 17 -90, May 22, 1990). (15) THE COLONY HOTEL AND THE COLONY HOTEL NORTH ANNEX, located on the South 12 feet of Lot 18, Alley South of Lot 18, East 25 feet of Lot 21 and Lots 22, 23, 24 and 25, Inclusive, Block 108. And Lots 5, 6 and 7, Less 5 foot Road R /W, Block 108, Town of Delray, with the designation pertaining to the buildings only and not the grounds. (Original designation by Ordinance 22 -91, March 26, 1991) 5 ORD. NO. 04 -13 (16) MILTON -MYERS POST NO. 65, THE AMERICAN LEGION OF THE UNITED STATES, 263 N.E. 5th Avenue, located on Lots 5, 14 and 15, Block 106, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 68 -94, October 18, 1994.) (17) SOLOMON D. SPADY HOUSE, 170 N.W. 5th Avenue, located on Lots 5, 6 and the north 26.25 feet of Lot 7, Block 19, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 08 -95, February 7, 1995.) (18) THE SUSAN WILLIAMS HOUSE, located at 154 N.W. 5th Avenue, Delray Beach, Florida; more particularly described as follows: south 12 feet of Lot 7 and Lot 8, Melvin S. Burd Subdivision, as recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida (154 N.W. 5th Avenue). (Original designation by Ordinance 09 -95, February 7, 1995; amended by Ordinance 29 -02, July 16, 2002.) (19) THE MONTEREY HOUSE, 20 North Swinton Avenue, located on Lot 12, Block 60, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 27 -95, June 6, 1995.) (20) THE HISTORIC BUNGALOW, 24 North Swinton Avenue, located south 50 feet of Lot 11, Block 60, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 28 -95, June 6, 1995.) (21) THE BLANK HOUSE, 85 S.E. 6th Avenue, located on Lots 12, 13, and 14, Block 117, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 29 -95, June 6, 1995.) (22) THE SANDOWAY HOUSE, 142 South Ocean Boulevard. Beach Lots Delray, the South 73 feet of the North 100 feet of Lot 24, less the West 355 feet, as recorded in Plat Book 1, Page 25, of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 57 -96, December 3, 1996.) (23) WEST SETTLERS HISTORIC DISTRICT is bounded on the north by Martin Luther King, Jr. Boulevard (N.W. 2nd Street). The eastern boundary is as follows: the alley running north and south in Block 43; N.W. 3rd Avenue between N.W. 1st Street and the east -west alley of Block 36. The southern boundary is N.W. 1st Street between N.W. 3rd Avenue and the alley in Block 43; the east -west alley in Block 36 and Block 28 and the south property line of Lot 13, Block 20. The western boundary is the north -south alley and the eastern one -half (1 /2) of the block south of the alley of Block 19; the north -south alley in the north half of Block 20. (Original designation by Ordinance 6- 97, February 18, 1997; Amended by Ordinance 38 -07, February 5, 2008). (24) THE TRINITY EVANGELICAL LUTHERAN CHURCH CHAPEL, located on a portion of the Trinity Evangelical Lutheran Church property at 400 North Swinton Avenue, 6 ORD. NO. 04 -13 Delray Beach, Florida; more particularly described as the East '/2 of Lot 12, Section 8- 46 -43, Delray Beach, Palm Beach County, Florida. The chapel is the only building in the church complex receiving an historic designation. The church complex is located at the northwest corner of Lake Ida Road and Swinton Avenue. (Original designation by Ordinance 26 -97, July 1, 1997.) (25) THE TURNER HOUSE, located at 145 N.E. 6th Avenue, Delray Beach, Florida; more particularly described as the South 27.6 feet of Lot 5, less the West 5 feet SR R /W, Lots 6 & 7, less the West 5 feet SR R /W, of Block 115, as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 46 -97, November 18, 1997.) (26) THE PRICE HOUSE, located at 1109 Sea Spray Avenue, Delray Beach, Florida; more particularly described as Lot 11, Sea Spray Estates, as recorded in Plat Book 21 at Page 15 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 12 -98, March 3, 1998.) (27) THE FELLOWSHIP HALL OF THE FIRST PRESBYTERIAN CHURCH OF DELRAY BEACH, located at 36 Bronson Street, Delray Beach, Florida; more particularly described as Lots 16, 17, 18 and 19, Block 3, Ocean Park Subdivision, as recorded in Plat Book 5 at Page 15 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 46 -99, November 16, 1999.) (28) THE ATLANTIC AVENUE BRIDGE (State Structure #930864), located at East Atlantic Avenue and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County, Florida. (Original designation by Ordinance 18 -00, August 15, 2000) (29) THE GEORGE BUSH BOULEVARD BRIDGE, formerly known as the N.E. 8th Street Bridge, (State Structure #930026), located at George Bush Boulevard and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County, Florida. (Original designation by Ordinance 19 -00, August 15, 2000.) (30) THE WATER HOUSE, located at 916 and 918 Northeast 5th Street, Delray Beach, Florida; more particularly described as the West 84.82 feet of Lot 37, Las Palmas, Delray Beach, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 10 at Page 68. (Original designation by Ordinance 15 -01, February 20, 2001.) (31) THE O'NEAL HOUSE, located at 910 N.E. 2nd Avenue, Delray Beach, Florida, more particularly described as follows: Lots 1, 2, 3, 28 and 29, Block 10, Dell Park, Delray Beach, Palm Beach County, Florida, according to the Plat thereof, recorded in Plat Book 8 at Page 56 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 27 -02, July 16, 2002.) (32) THE AMELUNG HOUSE, located at 102 NE 12th Street, Delray Beach, Florida, more particularly described as follows: Lot 9, Block 6, Dell Park, according to the Plat recorded in Plat 7 ORD. NO. 04 -13 Book 8, Page 56, recorded in the Public Records of Palm Beach County, Florida; said land situate, lying and being in Palm Beach County, Florida. (Original designation by Ordinance 25 -03, August 19, 2003.) (33) THE DEWITT ESTATE, located at 1110 North Swinton Avenue, Delray Beach, Florida, more particularly described as the East 365.69 feet of Lot 8 (less the West 40.00 feet of the South 20.00 feet of said East 365.69 feet of Lot 8) Subdivision of South half of East half of Lot 8, Section 8, Township 46 South, Range 43 East, according to the Plat thereof, as recorded in Plat Book 16, Page 80, of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 71 -04, January 4, 2005.) (34) THE HARTMAN HOUSE, located at 302 N.E. 7th Avenue, Delray Beach, Florida, more particularly described as follows: Lots 13 and 14, Block 113, Highland Park according to the map or plat thereof as recorded in Plat Book 2, Page 79, of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 26 -05, May 3, 2005.) (35) THE SEWELL C. BIGGS HOUSE, located at 212 Seabreeze Avenue, Delray Beach, Florida, more particularly described as follows: Lot 21 and the West 35 feet of Lot 22, Delray Beach Esplanade, according to the plat thereof, as recorded in Plat Book 18, Page 39, Public Records of Palm Beach County, Florida. (Original designation by Ordinance 50 -05, July 19, 2005.) (36) THE HARVEL HOUSE, located at 182 NW 5th Avenue, Delray Beach, Florida, more particularly described as follows: Lots 2 and south five feet of Lot 1, Melvin S. Burd Subdivision, according to the map or plat thereof as recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 16 -10, July 20, 2010.) (37) ADAMS AUTO DEALERSHIP, located at 290 SE 6`h Avenue, Delray Beach, Florida, more particularly described as follows: Lots 30 and 31, Block 111, Town of Delray. (Original designation by Ordinance 24 -12, August 21, 2012) (38) WATERS - WELLENBRINK RESIDENCE, located at 290 SE 6`t' Avenue, Delray Beach, Florida, more particularly described as follows: West 25.13 Feet of Lot 32 & Lot 33, Delray Beach Esplanade. (Original designation by Ordinance 29 -12, October 16, 2012) ORD. NO. 04 -13 Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,201—. ATTEST City Clerk First Reading Second Reading MAYOR 9 ORD. NO. 04 -13 MARINA >_ HISTORIC FONTAINE FOX HOUSE PROPERTIES =OCEAN APPLE ESTATES PLAT II — —BOUNDARY OF DESIGNATED HISTORIC _lam -•' SOUTHWAYs PROPOSED LOT CONFIGURATION PROPERTY, FONTAINE FOX HOUSE PL"IN _ DEPARTMENT ORDINANCE 04 -13 OCEAN APPLE ESTATES PLAT III = OCEAN APPLE ESTATES * FONTAINE FOX n HOUSE SITE THE at DELRA Y LANDINGS CONDO WEDGE— CRESTWOOD DRIVE WOOD W CONDO ~ ° Q Qo� M. S. A. M. S.A. 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