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04-02-13 Regular Agenda MeetingCity of Delray Beach Regular Commission Meeting Tuesday, April 2, 2013 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non - Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B. Public Hearings /Quasi- Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign -in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact the City Manager at 243 -7010, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 100 N.W. 1st Avenue, Delray Beach, FL 33444 Phone: (561) 243 -7000 - Fax: (561) 243 -3774 www.mydelraybeach.com REGULAR MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. APPROVAL OF MINUTES: A. January 14, 2013 - Workshop Meeting B. February 12, 2013 - Special/Workshop Meeting C. March 5, 2013 -Regular Meeting D. March 28, 2013 - Organizational Meeting 5. PROCLAMATIONS: A. Delray Beach Public LibraryAppreciation Month — April 2013 B. Earth Month — April 2013 6. PRESENTATIONS: A. NONE 7. COMMENTS AND INQUIRIES ON AGENDA AND NON - AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 8. AGENDA APPROVAL CONSENT AGENDA: City Manager Recommends Approval A. SERVICE AUTHORIZATION NO. 12 -02 /CALVIN. GIORDANO AND ASSOCIATES, INC.: Approve Service Authorization No. 12 -02 with Calvin, Giordano and Associates, Inc., in the amount of $123,382.42 for the design of S.E. 2nd Street - Swinton -S.E. 3114- Avenue project. Funding is available from 334- 3162 -541- 68.30 (General Construction Fund: Other Improvement/ S.E. 2Ld- Street — Swinton — S.E. d Avenue). B. SERVICE AUTHORIZATION NO. 12- 03 /KIMLEY -HORN AND ASSOCIATES, INC.: Approve Service Authorization No. 12 -03 with Kimley -Horn and Associates, Inc. in the amount of $24,200.00 for the design of Block 117 Garage Studeject. Funding is available from 334 - 3151 -545 -31.90 (General Construction Fund: Professional Services /Other Professional Services). C. SERVICE AUTHORIZATION NO. 12 -06/ MATHEWS CONSULTIN INC.:Approve Service Authorization No. 12 -06 to Mathews Consulting, Inc. in the amount of $69,747.00 for providing professional construction management services relating to the implementation of the Water Meter /Advanced Metering Infrastructure (AMI) System. Funding is available from 442 - 5178 - 536 -64.46 (W & S Renewal & Replacement Fund: Machiner /Equipment/ Automated Meter Reading <AMR >). D. REVISED AMENDMENT NO. 1 TO THE AGREEMENT FOR SERVICES AT A WORKSITE MEDICAL FACILITY /CONCENTRA HEALTH SERVICES, INC.: Approve Amendment No. 1 to the Agreement for Services at a Worksite Medical Facility with Concentra Health Services, Inc. to provide certain healthcare services at the Employee Health and Wellness Center for the Town of Highland Beach's full -time Police Officers. E. GRANT PROPOSAL: PALM BEACH METROPOLITAN PLANNING ORGANIZATION (MPO): Provide authorization to submit a Transportation Alternatives Program grant to the Palm Beach Metropolitan Planning Organization (MPO) for the purpose of funding beautification improvements along N.E. 2114 Avenue /Seacrest Boulevard from N.E. 8th Street /George Bush Boulevard north to Gulfstream Boulevard. F. CONTRACT CLOSEOUT (C.O. NO. 1 /FINAL)/ DAC AIR CONDITIONING CORP.: Approve a Contract Closeout (Change Order No. 1 /Final) in the amount of a $9,963.00 decrease and final payment in the amount of $22,332.10 to DAC Air Conditioning Corp. for completion of the Police Range Ventilation Project. Funding is available 334 - 2111 -521 -64.90 (General Construction Fund: Machinery Equipment /Other MachinerL/Equipment). G. RESOLUTION NO. 22 -13: LOCAL HOUSING ASSISTANCE PLAN Approve Resolution No. 22 -13 adopting the Local Housing Assistance Plan (LHAP) for Fiscal Years 2013 -2016. H. HOUSING REHABILITATION GRANT/ CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Neighborhood Stabilization Program (NSP) to the lowest responsive bidder, C J Contracting, LLC, for 102 S.E. 8th Street in the amount of $33,598.95. Funding is available from 118 - 1935 -554 -62.12 (Neighborhood Services: Capital Outlay /Acquisition Rehabilitation). I. HOUSING REHABILITATION GRANT/ CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Neighborhood Stabilization Program (NSP) to the lowest responsive bidder, All Phase Roofing & Construction for 710 S.W. 5th Avenue in the amount of $27,231.75. Funding is available from 118 - 1935 -554 -62.12 (Neighborhood Services: Capital Outlay /Acquisition Rehabilitation). J. GRANT AGREEMENT/ COMMUNITY REDEVELOPMENT AGENCY (CRA): Approve a grant agreement between the City and the CRA for a contribution to the City for the FED Cup Tie in the amount of $75,000.00. K. SPECIAL EVENT REOUEST /16TH ANNUAL DOWNTOWN DELRAY BEACH CRAFT FESTIVAL: ADDrove a special event reauest to endorse the 16th Annual Downtown Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. to be held May 25 - 26, 2013 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use of N.W. 3rd Avenue from Atlantic Avenue north to just north of the south side of the entrance to Atlantic Grove townhomes and use of the Tennis Center parking lot and North parking lot at City Hall; and to provide staff support for traffic control and security, barricading and fire inspection services. The estimated cost of the event, which the sponsor is responsible for, is $3,935.00; contingent upon receipt of the Event Liability insurance fourteen (14) days prior to the event. L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 18, 2013 through March 29, 2013. M. AWARD OF BIDS AND CONTRACTS 1. Purchase award to Alan Jay Chevrolet in the amount of $243,675.00 for the replacement of eight (8) vehicles for the Police Department. Funding is available from 501- 3312 -591 -64.20 (Garage Fund: Machinery /Equipment /Automotive). 2. Purchase award to Strobes -R -Us in the amount of $120.556.93 for the installation of police lighting and related equipment in thirteen (13) Police Department Patrol vehicles. Funding is available from 501- 3312 -591 -64.20 (Garage Fund: Machinery /Equipment /Automotive). 3. Bid award to Unique Transportation in the estimated amount of $247,104.00 for the provision of Trolley service operations. Funding is available from 001 -3151- 545.34-90 (General Fund: Other Contractual Services). 10. REGULAR AGENDA: A. WAIVER REQUEST/ DELRAY PLACE: Consider a waiver request to Land Development Regulations (LDR) Section 4.4.25(C)(2), "Alternative Processing ", for the establishment of an SAD zoning district, to allow second reading of Ordinance No. 41 -12 to occur greater than 180 days after first reading, pertaining to the rezoning for Delray Place, a proposed commercial shopper center located at the southeast corner of Linton Boulevard and South Federal Highway located 1801 and 1845 South Federal Highway. (Quasi- Judicial Hearing) 1. REQUEST TO DEFER: DELRAY PLACE: Consider a request to defer the second reading of Ordinance No. 41 -12 to no later than the second City Commission meeting in July 2013 (tentatively July 16, 2013 ),pertaining to the rezoning for Delray Place, a proposed commercial shopper center located at 1801 and 1845 South Federal Highway. B. CONDITIONAL USE REQUEST/ BREATHE RESTAURANT: Consider approval of a conditional use request to Land Development Regulations (LDR) 4.3.3 (VV)(2)(a), "24 -Hour or Late Night Businesses ", to permit Breathe Restaurant to establish a 24- hour or late niLyht business for an existinLy restaurant located at 401 West Atlantic Avenue. (Quasi - judicial Hearin) C. REQUEST FOR PROPOSALS: FEDERAL LEGISLATIVE & EXECUTIVE LOBBYING SERVICES: Provide direction regarding the City moving forward to select a firm to provide Federal Legislative & Executive Lobbyer Services. D. RECENT NOTICE OF AUDIT REGARDING COMMUNITY REDEVELOPMENT AGENCY (CRA) FUNDING (ADDENDUM) 11. PUBLIC HEARINGS: A. ORDINANCE NO. 07 -13: Consider a privately- initiated rezoning from AC (Automotive Commercial) to PC (Planned Commercial) for Delray Marketplace (former Ralph Buick Dealership property), located at 2501 South Federal HiMhway. (Quasi- Judicial Hearing) 12. FIRST READINGS: A. ORDINANCE NO. 06 -13: Consider a privately initiated Future Land Use M amendment — small scale from MD (Medium Density Residential 5 -12 du/ac) ) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to GC (General Commercial) for MD Now Delray Beach, located on the north side of Linton Boulevard, west of S.W. 41h- Avenue at 601 Linton Boulevard. If passed, a public hearing will be held on April 16, 2013. B. ORDINANCE NO. 08- 13:Consider a city- initiated amendment to the Land Development Regulations (LDR) Section 4.4.13 "Central Business District (CBD) ", Subsections 4.4.13 (G)(1), "Central Core and Beach Area Supplemental RRe ulations" and 4.4.13 (G)(2), "West Atlantic Neighborhood Supplemental District RRe ulations ", to provide for parking regulations governing call centers. If passed, a public hearing will be held on April 16, 2013. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission WORKSHOP MEETING JANUARY 14, 2013 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas F. Carney, Jr. in the First Floor Conference Room at City Hall at 6:00 p.m., on Monday, January 14, 2013. Roll call showed: Present - Commissioner Christina Morrison Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Thomas F. Carney, Jr. Absent - None Also present were - Douglas E. Smith, Interim City Manager Brian Shutt, City Attorney Lanelda D. Gaskins, Deputy City Clerk Mayor Carney called the workshop meeting to order and announced that it had been called for the purpose of considering the following Item. WORKSHOP MEETING AGENDA 1. Discussion regarding the Background Check Conducted on Mr. Louie Chapman Mayor Carney stated this is a special meeting to discuss the background information that has been obtained regarding Mr. Chapman. He stated Mr. Ron Holifield will give a presentation and Mr. Chapman will comment and give any pertinent information he may wish to provide. Then, Commission will ask their questions or give comments. Mr. Holifield noted specifically what his company was contracted to do i.e. reference calls, media search and background check. He stated when issues began to show up he did additional follow up with numerous calls being made and highlighted the individuals they had spoken with during this time. He stated they went through and pursued every issue and allegation as it has come up trying to track them down and they did not do any site visits or any deeper investigation. Mayor Carney asked that Mr. Holifield describe his company and Mr. Holifield provided an overview and reiterated that they have attempted to follow up on every item as it has come up. Mayor Carney asked Mr. Chapman to make any comments he would like to make. Mr. Chapman stated that he is available to answer any questions that the Commission may have. Mr. Frankel thanked Mr. Holifield and stated his questions are regarding emails that he received. He briefly discussed the emails and asked Mr. Chapman to explain. Mr. Jacquet thanked Mr. Chapman for taking time to come down for the meeting and stated he did not have any specific questions. He asked about a lawsuit that was filed and who was it filed against. Ms. Morrison asked about Bloomfield's form of government, budget and Mr. Chapman's oversight responsibility to the Police Department. She also asked about the park and Mr. Chapman provided background on the park. In addition, Ms. Morrison asked Mr. Chapman about the ethics laws in Connecticut, conduct of the Police Department and search warrants /investigation. Mr. Chapman explained the issue regarding the termination of an employee. Ms. Morrison asked what percentage of the $90 million budget is for the Police Department and how long his contract is with Bloomfield. Mrs. Gray thanked Mr. Holifield and asked how long he has been in business, if they have made recommendations, why one of the candidates withdrew and how his company missed some of the information regarding Mr. Chapman. In addition, she asked how much more time did his company spend on searches regarding the allegations. He stated they are above 125 hours. Mrs. Gray asked if it is uncommon for allegations to come up during searches. Mr. Holifield stated it is not uncommon. Mrs. Gray asked Mr. Chapman to give information regarding the Human Resources (HR) Director; and asked who selects the Police Chief and why a particular employee feels he was passed over for the position. Mr. Chapman explained the situation. In addition, Mrs. Gray briefly mentioned dating and stated Mr. Chapman stated there was no rule regarding this. She asked if the city of Delray has a policy in place regarding dating. Mayor Carney responded yes and explained the city's policy. Mr. Chapman reiterated that there is no rule regarding dating in Bloomfield. Mayor Carney stated each issue has been addressed and asked about the age discrimination case - Mr. Chapman stated the Chief of Police made the decision and he supported that decision. Mayor Carney asked about the port -a- potty, the dating issue and discussed the van and the "Simmons" case. Mr. Frankel asked if Mr. Chapman was responsible for the park and Mr. Chapman stated Parks and Recreation was responsible for the park. Mr. Frankel continued asking follow -up questions regarding the Chiefs decision, complaints that had been filed regarding the HR Director. He asked if it was possible to get a background check that allegedly had a negative response from DCF report. Mr. Chapman stated he never saw that. Mr. Frankel reiterated that Mr. Holifield stated the search that the city did was not typical; because typically when he assists other cities he is involved from beginning to end. He asked him to expound on this as far as what Mr. Holifield normally does and what we have done here. Mr. Jacquet thanked Mr. Holifield for all the work he did during the process. He asked about the list that was put together regarding the qualities the Commission was looking for in a City Manager; and asked about the process. Ms. Morrison asked about site visits and phone calls and if Mr. Holifield had done any other searches for our city. She asked Mr. Holifield if he had met Mr. Chapman before today. He responded that he had not. Mrs. Gray thanked Mr. Holifield and Mr. Chapman. She stated she felt that all of their issues had been discussed. Mayor Carney asked Mr. Chapman to describe the process of review for the Police Chiefs recommendation. He asked if the process of review is the same for Department Heads. 2 January 14, 2013 Mr. Chapman explained the process and stated Department Heads will have done a complete report and the city operates on progressive discipline. Mayor Carney asked Mr. Holifield if there was anything to give him cause to expand the group that was initially identified regarding the search. Mr. Holifield stated the information they received was consistent. He stated they have taken every allegation very seriously, and have approached it from the standpoint of trying to document the credibility of them. Mr. Holifield stated they have not been able to document any of the allegations as being reliable. Mayor Carney discussed the allegations. Mr. Holifield stated they have not followed up on the most recent emails that were received last week. Mayor Carney asked Mr. Holifield and Mr. Chapman to make final comments. Mr. Holifield stated he appreciates Mr. Bruce Koeser calling his company and they have taken everything very seriously and the amount of time, energy and effort they have put into this goes well beyond the contract. He stated this is a high stake decision for Mr. Chapman, staff, community and the Commission. He stated he is at peace that they have pursued everything there was to pursue. Mr. Chapman stated the person the Sun - Sentinel has described in the newspaper he does not recognize. He stated he lives his life as a public official and is meticulous about how he conducts his affairs. He discussed the employee he dated. In addition, Mr. Chapman discussed protecting the interest of the community and some of the issues that were brought up. He stated he appreciates the opportunity to speak to the Commission about this. Discussion continued between the Commission. Mayor McDuffie adjourned the Workshop Meeting at 7:27 p.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, January 14, 2013, which Minutes were formally approved and adopted by the City Commission on April 2, 2013. 3 January 14, 2013 City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. January 14, 2013 SPECIAL /WORKSHOP MEETING FEBRUARY 12, 2013 A Special /Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas F. Carney, Jr. in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, February 12, 2013. Roll call showed: Present - Commissioner Christina Morrison Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Thomas F. Carney, Jr. Absent - None Also present were - Douglas E. Smith, Interim City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Mayor Carney called the Special /Workshop meeting to order and announced that it had been called for the purpose of considering the following Items. SPECIAL MEETING AGENDA 1. CONSIDER A CONTRACT FOR SALE AND PURCHASE OF OLD SCHOOL SQUARE GARAGE RETAIL SPACE: Consider approval of a Resolution and Contract for Sale and Purchase of the Old School Square Garage Retail Space located on the S.W. corner of Pineapple Grove Way and N.E. 1st Street; Resolution No. 08 -13 provides for the sale to the Law Offices of Kanner & Pintaluga, P.A. and Resolution No. 09 -13 provide for the sale to Schmier & Feurring Properties, Inc. (PUBLIC HEARING) Mayor Carney read a statement into record regarding the Old School Square Garage Retail Space. Discussion ensued amongst the Commission. Ms. Morrison moved to postpone the consideration of approval of a Resolution and Contract for Sale and Purchase of the Old School Square Garage Retail Space until April 16, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes. Said motion passed with a 5 to 0 vote. 2. CONSULTING SERVICES /2013 MUNICIPAL ELECTION: EDUCATIONAL COMMUNICATION SERVICES: Consider approval for a consultant to provide educational communication regarding the proposed Charter Amendments as well as the proposed Economic Development Property Tax Exemption for the March 12, 2013 Municipal Election. Mr. Richard Reade, Public Information /Sustainability Officer, presented this item. Mr. Frankel commented regarding amendments in last year's election. He asked about the League of Women Voters' website and if information regarding the Charter amendments can be placed on our website. Mrs. Gray asked about the cost of the consultant. Mr. Reade stated the cost may be between $20,000 - $30,000 for printing and mailing. Mr. Jacquet also spoke regarding the cost and asked if the cost would be the same if we utilized the League of Women Voters. He stated he is not in support of paying a consultant. Ms. Morrison asked if the firm that handled the printing and mailing regarding Palm Beach Gardens' amendments is available; and would it be helpful if the Commission set a cap. In addition, she asked if the city has a publicist or staff that can do this. Mr. Frankel complimented staff on the election signs and stated he would like to know a price regarding a consultant. Mrs. Gray stated the city could do this for a much cheaper price and she is not in support of spending dollars on a consultant. Mayor Carney stated he would like to know the price as well. It was the consensus of the Commission that staff uses as many resources that would be free to the city as they can and to contact the League of Women Voters. Mayor Carney adjourned the Special Meeting at 6:48 p.m. WORKSHOP MEETING AGENDA 1. Presentation on Crime Statistics Police Chief Anthony Strianese conducted a presentation. He showed the Part One Crime Comparison (Uniform Crime Report -UCR) and the annual percentage change from 2008 -2012, Violent Crime Reductions nationwide, Florida and Delray Beach. Mr. Frankel stated every graph shows a decrease and asked what is the Police Department's staffing level. He stated the Police Department should be recognized for their work and for serving the community so well at a lower staff level. Mr. Jacquet commended and thanked the Police Department. He stated gun violence is a major problem all over the country and the city needs to do all it can to bring the numbers lower regarding crime. He stated he has noticed an increase in police presence with community policing. Mr. Jacquet stated he would like to see a person who speaks Haitian Creole at the front desk in the Police Department. 2 February 12, 2013 Mrs. Gray thanked Chief Strianese and the Police Department Staff. She asked how much does mental health factor into the crimes here in Delray Beach. Ms. Morrison thanked the Police Department for all they do and stated the numbers are remarkable as far as 1995 -2012. She stated she met with the State Attorney and we have his support. She asked if there are 137 sworn officers and is there someone on staff at the department who can do safety checks in areas that are becoming a problem. Chief Strianese stated this is completed through CPTED (Crime Prevention Through Environmental Design). Mayor Carney thanked Chief Strianese for meeting with him and Mr. Douglas Smith, Interim City Manager. He stated the Police Department is very diligent and Delray Beach is well protected. He asked Commission for authorization to write a letter regarding Lake Ida Park. He stated although it is owned by Palm Beach County the city polices it. Mayor Carney stated he would like to ask the county to allow our Police Department to install cameras. It was the consensus of Commission to have the letter written to the county. 2. Discussion of Proposed Revisions to the Noise Ordinance Ms. Janice Rustin, Assistant City Attorney, presented this item. She stated staff looked at the City of Miami Beach's ordinance and discussed prima facie, the 100 feet, and graphs, etc. Ms. Rustin discussed the meetings they had with the business owners. Ms. Morrison thanked the City Attorney for tackling this issue and asked if the ordinance is for the whole city; and how is reasonable and unreasonable measured. Mr. Brian Shutt, City Attorney, stated there will be meetings and trainings with the Police Department. Mr. Jacquet thanked the City Attorney for working on this and would like to see the times pushed back on Fridays and Saturdays. Mrs. Gray asked if the 11:00 p.m. time required by ordinance is applicable in neighborhoods as well. Mr. Shutt stated if the new ordinance is approved it would be enforced at all times regarding persons being cited. He asked Commission if they want a standard for business and residential neighborhoods. Mr. Frankel thanked the City Attorney's Office, Downtown Development Authority and the stakeholders for their involvement. He stated it has to be reasonable and he feels people have different expectations. He asked Ms. Rustin about music going towards the ocean. Mr. Frankel stated this should be a win -win. Mayor Carney stated this is a good compromise and asked if most businesses are in agreement with this. Ms. Rustin stated they are with the exception of later times on Friday and Saturday. Mayor Carney stated he has concerns as it relates to hours. 3 February 12, 2013 Ms. Morrison offered a suggested time for the weekends. Ms. Rustin asked for a clarification of times that the Commission would like to see in the ordinance. Mr. Jacquet thanked Ms. Rustin for the presentation. 3. Discussion regarding Public Comments on Agendaed Items Ms. Chevelle D. Nubin, City Clerk, provided Commission with an overview of the Municipality Survey regarding how public comments are taken in various cities within Broward, Miami -Dade, Monroe and Palm Beach Counties. Ms. Morrison and Mrs. Gray asked about the range in the size of the cities. Mr. Smith stated if the Commission desires public comments can be moved to before the Consent Agenda. Commission discussion ensued. It was the consensus of Commission that the length of public comment per individual be limited to 3 minutes and that the public can comment on agendaed as well as non - agendaed items. Mr. Shutt asked Commission if they would like to have the public comment before agenda approval. He stated he will bring back the change to the local rules on February 19, 2013. Mrs. Gray asked about workshop meetings being held in the Commission Chambers. Mr. Frankel stated he concurs with Mrs. Gray regarding the workshop meetings being held in the Chambers and having them video streamed. Mr. Smith stated staff will check into installing a camera in the First Floor Conference Room and stated if the meeting crowd is large then it could be shifted into the Chambers. The Commission thanked the Clerk for the presentation. 4. Discussion regarding Smoking on the Beach Ms. Linda Karch, Parks and Recreation Director and Mr. James Scala, Ocean Rescue Supervisor, presented this item. Mr. Scala stated he conducted a survey with other municipalities regarding smoking on the beach; and provided a summary of that survey. Mr. Frankel stated this should be put on our legislative priorities list and mentioned a possible designated area. He stated it was very good information in the report. Mrs. Gray mentioned this weekend's cleanup of the beach. She stated the students picked up a lot of cigarette butts and she would like to see a designated area as well. Mr. Jacquet agrees with comments that he has heard and asked about a designated smoking area on the beach. He stated he is not confident that legislation regarding smoking on the beach will pass and suggested that Commission speak with the lobbyists regarding this. 4 February 12, 2013 He asked if the city can put up signs letting people know where they "should" smoke versus where they "can" smoke. He stated the city should enforce the litter ordinances opposed to anything that would take the lifeguards' time away from the beach. Ms. Morrison stated she does not want lifeguards enforcing ordinances regarding smoking on the beach. Mr. Carney concurs with Mr. Frankel and the others on working with our legislators and the League of Cities. He commended Mr. Scala regarding the report. 5. Downtown Master Plan Discussion At this time, Mrs. Gray and Mr. Jacquet both left the dais. Mayor Carney discussed why he wanted this item to be placed on the agenda. He stated it has been twelve (12) years since the plan has been reviewed. Mr. Paul Dorling, Planning and Zoning Director, gave an overview of the plan, what has been accomplished and what projects are underway. Mayor Carney stated Mr. Dorling provided a great report. Mr. Frankel stated staff should be congratulated and we have grown as a city. Ms. Morrison thanked Mr. Dorling and stated that was a great report. She suggested that the Community Redevelopment Agency boundaries be removed from the beach and feels the city needs to recapture this area for tax purposes. She stated she is against narrowing Federal Highway. Mayor Carney thanked Mr. Dorling. He spoke regarding density and differing views on how much the city should have downtown. He feels that the plan should be reviewed since it is 12 years old. 6. Community Engagement: Live And Learn Program, Town Hall Meetings, and C4 Publications Mr. Jacquet returned to the dais. Mayor Carney asked that we discuss the Town Hall Meetings and city publications; and that the Live and Learn Program be discussed at another time. Mr. Smith presented this item and commented on the Hometown Connection Newsletter. Mayor Carney asked about placing information in the water bills. Mr. Reade discussed the budget regarding publications and the different communication tools the city was utilizing at one point. Mr. Smith discussed possibly creating an electronic newsletter and then persons could sign up for the subscription list. Mr. Jacquet asked about the cost of placing information in the water bills. Mr. Reade stated it costs approximately $10,000 - $11,000. Mr. Jacquet stated the cost is worth it to provide information to the public. 5 February 12, 2013 He stated he supports having information placed in the water bills and urged Commission approval to do so. Mr. Frankel stated he was present when this was cut out of the budget. He stated if the City Manager can provide information to the Commission regarding funding for this then he supports it. He stated he likes Doug's suggestion of an electronic newsletter and stated the city has struggled with reaching out and getting people involved. Mr. Smith stated we may need to come back at mid -year to discuss staffing for things that the Commission may want to start back up. Mr. Reade mentioned the Annual Report. Mr. Jacquet suggested that we use this method to inform residents regarding the Charter Amendments instead of hiring a consultant. Mr. Carney stated he would like to propose Town Hall Meetings be held in April and October. Mr. Frankel asked if that was the reason Open City Hall was created. Ms. Morrison and Mayor Carney stated they feel that the Open City Hall is not working the way it should. Mr. Jacquet stated the Town Hall Meetings are worth revisiting and discussed the format for the meetings. It was the consensus of the Commission to have a hybrid at the Town Hall meetings with the City providing information and the public being able to speak. Mayor McDuffie adjourned the Workshop Meeting at 9:28 p.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, February 12, 2013, which Minutes were formally approved and adopted by the City Commission on April 2, 2013. 6 February 12, 2013 City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. February 12, 2013 MARCH 5, 2013 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas F. Carney, Jr. in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, March 5, 2013. 1. Roll call showed: Present- Commissioner Christina Morrison Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Thomas F. Carney, Jr. Absent - None Also present were - Douglas E. Smith, Interim City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Howard Barr with St. Paul Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Carney requested that Item 8.11., Service Authorization No. 07- 17.3/Mathews Consulting, Inc./Reclaimed Water Area, of the Consent Agenda be moved to the Regular Agenda as Item 10.A.A. Mr. Frankel moved to 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 Carney — Yes; Ms. Morrison — Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Regular Meeting of February 5, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 03/05/13 6. PROCLAMATIONS: 6.A. None 6.A. Recognizing and commending Xi Pi Omega Chapter of Alpha Kappa Alpha Sorority, Inc., for dedicated service to the City of Delray Beach Mayor Carney read and presented a proclamation hereby recognizing and commending XI PI OMEGA Chapter of Alpha Kappa Alpha Sorority, Inc. for 30 years of success Sandra Weatherspoon, Vice President of XI PI OMEGA Chapter of Alpha Kappa Alpha Sorority, Inc. came forward to accept the proclamation. 7.A. PRESENTATIONS: A. None 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. ACCEPTANCE OF A WATER EASEMENT DEED/ HARBOR PLAZA FRESH MARKET: Approve and accept a water easement deed for a water main at Harbor Plaza Fresh Market located at 1725 South Federal Highway. 8.11. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 10.A.A. 8.C. REVISED TRIPARTITE AND INTERLOCAL AGREEMENT: CITY OF DELRAY BEACH/ SCHOOL BOARD OF PALM BEACH COUNTY/ ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES (ACCF): Approve a revised Tripartite and Interlocal Agreement between the City of Delray Beach, the School Board of Palm Beach County and Achievement Centers for Children and Families (ACCF) to provide for the funding and operation of a pilot summer camp program with reading enhancements to help further third grade reading proficiency through the campaign for grade level reading. 8.D. REVISIONS TO THE RULES AND REGULATIONS: HISTORIC PRESERVATION BOARD: Approve revisions to the Rules and Regulations of the Historic Preservation Board (HPB). 8.E. REVISIONS TO THE GENERAL RULES OF PROCEDURE: CODE ENFORCEMENT BOARD: Approve revisions made by the Code Enforcement Board to their General Rules of Procedure. 8.F. MODIFICATIONS TO THE COMMISSION RULES OF PROCEDURE: Approve modifications to the Commission Rules of Procedure to provide that the public may comment on any item, agendaed or non - agendaed, and such comment shall begin after the "Proclamation and Presentation" portion of the agenda. 2 03/05/13 8.G. VISION 2020 FORUM: Approve a budget allocation at an estimated amount of $10,800.00 to fund the Vision 2020 Forum, a one -day event scheduled for March 23, 2013, from 8:00 a.m. to 4:00 p.m. at the Delray Beach Marriott hotel. Funding is available from 001 - 1111 -511 -48.10 (General Fund: Promotional Activities/ Special Events). 8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 18, 2013 through March 1, 2013. 8.I. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Line -Tec, Inc. in an amount not to exceed $62,000.00 for services relating to flushing fire hydrants. Funding is available from 441 - 5123 -536 -34.90 (Water and Sewer Fund: Other Contractual Services) and 442 - 5178 -536 -46.26 (Water and Sewer Renewal & Replacement Fund: Repair & Maintenance Service/Hydrant Flushing Contract FY2013). 2. Purchase award to Sentry Industries in the amount of $170,000.00 for the purchase and delivery of Sodium Hypochlorite on an "as needed" basis for remote booster station locations. Funding is available from 441 - 5122 - 536.52 -21 (Water and Sewer Fund: Operating Supplies /Chemicals). 3. Purchase award to Carbone's Custom Firearms in the amount of $35,997.75 for purchase of weapons for the SWAT. team. Funding is available from 115- 2112 -521 -64.90 (Special Projects Fund: Machinery/Equipment/Other Machinery/ Equipment). 4. Purchase award to Contemporary Control & Communications, Inc. in the amount of $29,901.57 for the purchase of Irrinet-M Irrigation Control Systems for North Federal Highway, South Federal Highway, and North Swinton Avenue. Funding is available from 119 - 4144 -572 -64.90 (Beautification Trust Fund: Machinery/Equipment/Other Machinery/Equipment) and 119- 4151 -572 -64.90 (Beautification Trust Fund: Machinery/Equipment/Other Machinery /Equipment). 5. Purchase award to Ag- Tronix in the amount of $20,015.00 for one (1) ICC Computer Irrigation Control System and four (4) Irrinet -M Irrigation Control Systems to monitor the irrigation system for Mangrove Park, the grounds adjacent to the Old School Square Parking Garage, South Swinton, and Cason Cottage. Funding is available from 119- 4151 -572 -64.90 (Beautification Trust Fund: Machinery/Equipment/Other Machinery/Equipment) and 001- 4131 -572 -64.90 (General Fund: Machinery/Equipment/Other Machinery/ Equipment). 3 03/05/13 6. Purchase award to CDW Government in the amount of $78,806.56 to replace network switches. Funding is available from 334 -6111- 519 -62.45 (General Construction Fund: Capital Outlay/Data Cabling). 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 Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 9. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING CONSENT AGENDA. 9.A. City Manager's response to prior public comments and inquiries. Douglas E. Smith, Interim City Manager, had no response to prior comments and inquiries. 9.B. From the Public. 9.B.1. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, commended the City Clerk for the great job she did on doing a municipality public comment survey which helped the Commission make a great decision. Mayor Carney stated Chevelle D. Nubin is one of the most decorated Clerks in the State of Florida with advanced Clerk awards and she has become a Clerk to Clerks in teaching other Clerks how to do their job. Mayor Carney stated the City of Delray Beach is incredibly lucky to have Chevelle. 9.B.2. Rosetta Rolle, 301 N.W. P Avenue, Delray Beach, FL 33444, stated according to the newspapers Governor Christie is coming to Palm Beach County. Mrs. Rolle stated Delray Beach used to have a pristine beach and years ago was the envy of Sanibel Island. She stated in the 1940's there had been some erosion and believes much of the erosion started in New Jersey and New England where people had built out into the ocean. Mrs. Rolle stated most recently during Hurricane Sandy homes were torn down. Mrs. Rolle suggested that Delray Beach monitor what they are going to be doing in New Jersey, Connecticut, etc. and that they not build out into the ocean again because what they do up there affects us down here. 9.B.3. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, commented about the tennis tournament and the security company Accurate Security Services in terms of the valet parking. Ms. Moody alleged that this is all rehab problems and stated she saw people wearing the security company jackets playing around on the golf carts and while driving people's cars. She feels this is a rehab problem and urged the Commission to find another security company for the next tournament the City is hosting 4 03/05/13 on April 20m. At this point, the time being 6:18 p.m., the Commission moved to Item 10.A.A. (formerly Item 8.11.). 10. REGULAR AGENDA: 10.A.A. SERVICE AUTHORIZATION NO. 07- 17.3 /MATHEWS CONSULTING, INC./RECLAIMED WATER AREA: Approve Service Authorization No. 07 -17.3 to Mathews Consulting, Inc., in the amount of $64,118.00 for construction administration and specialty inspection services, for the Reclaimed Water, Area 12A. Funding is available from 441 - 5161 -536 -68.73 (Water and Sewer Fund: Improvements Other/Reclaim Water, Area 12A). Victor Majtenyi, Interim Director of Public Utilities, stated this project is for Mathews Consulting for management services for the Reclaimed Water Area 12A -1 project. Mr. Majtenyi stated Mathews Consulting, Inc. was selected as the firm under the engineering category because of their 3 -D technology. Mayor Carney stated when they were originally added to the list the Commission thought it would have something to do with the possibility of saving money and not having change orders down the road by taking a 3 -D picture of what it looks like below ground. He asked what happens if these people find something that they could have found with a 3 -D picture and are they going to be entitled to a change order. Mr. Smith stated the construction drawings are already completed on this; this is moving toward the construction administration stage. Mr. Majtenyi stated for construction administration there are three (3) permits; for FDOT work on Atlantic Avenue; there is the South Florida Water Management because there are drainage issues and there is also Palm Beach County Health Department because of the water maintenance work. He stated if they are going to dig up streets there is going to be drainage, sewer, and water mains in the road. Mr. Majtenyi stated the engineer has to certify the project back to those permits and it makes sense to stay with the engineer of record who has to do that. Mrs. Gray stated the Commission had agreed that on each project that the City uses their 3 -D services so that we will not have to go back to change orders. For the record, Mrs. Gray clarified that the Commission is not just looking to give a job to someone but the technology is what staff is looking to start using. Mr. Majtenyi noted that topographic surveys have to be done in conjunction with this technology. Mayor Carney stated he wants to make sure that we do not have a situation where there is going to be change orders which could have been avoided had the technology that the Commission has been encouraging the engineering department to use is actually used. Mr. Majtenyi stated he cannot guarantee that there will not be any 5 03/05/13 change orders because even with the technology it is not 100% full proof. Mayor Carney stated he would look very closely at any proposed change order if the technology would have detected it prior to the change order being requested. Mr. Jacquet stated he does not have any major concern and trusts staff that they will find what is best for the city as far as what technology staff can use to make sure we can locate what is below ground. Mr. Jacquet clarified that in Delray Beach we do not create issues for companies to make money; when we have actual issues we go and find the company that can solve it. Mr. Frankel moved to approve Service Authorization No. 07- 17.3/Mathews Consulting, Inc. Reclaimed Water Area, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 10.A. WAIVER REQUEST /45TH ANNUAL ST. PATRICK'S DAY PARADE: 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 banners to exceed 20 square feet on March 15 & 16, 2013 on the perimeter fencing on the south side of the museum on the grounds of the Delray Beach Center for the Arts for the St. Patrick's Day Party and Parade. (Quasi- Judicial Hearing) Mayor Carney read the City of Delray Beach Quasi - Judicial rules into the record for this item and Item 10.B. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Carney asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Robert A. Barcinski, Assistant City Manager, stated this is a request to waive the LDRs to allow banners to exceed 20 square feet on the site of the grounds of Old School Square in the front as well as within the parade area on March 15th & 16' for the St. Patrick's Day Party and Parade. Staff recommends approval. Mayor Carney stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, stated every year the St. Patrick's Day Parade is great but there have been problems in his neighborhood where the staging areas are held for all the floats. Mr. Blum suggested that the Commission instructs staff to make sure wherever the staging areas are held that they are held on Atlantic Avenue and not on the side streets where the swales are. 6 03/05/13 There being no one else from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. Mr. Barcinski stated the parade is lining up on Atlantic Avenue only and noted that staff held an event planning meeting this morning and staff as well as the event producer were instructed to check those side streets to make sure garbage is all picked up after the parade. 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). Ms. Morrison moved to adopt the Board Order approving the waiver, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:27 p.m., the Commission moved to Item 10.11., of the Regular Agenda. 10.11. WAIVER REQUEST /51sT ANNUAL DELRAY AFFAIR: 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 banners to exceed 20 square feet on April 5 - 7, 2013 within the site of the Delray Affair. (Quasi - Judicial Hearing) Mayor Carney asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Robert A. Barcinski, Assistant City Manager, stated this is a waiver request for the Delray Affair to LDR Section 4.6.7(F)(3)(f). 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). Ms. Morrison moved to adopt the Board Order as presented subject to the condition that each sign must provide the name, time, date and location of the event, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes. Said motion passed with a 5 to 0 vote. 10.C. DISCUSSION OF VALET PARKING RECOMMENDATIONS: Provide direction regarding modifications to the S.E. 2 nd Avenue valet queue in an attempt to mitigate traffic congestion in the area. 7 03/05/13 Scott Aronson, Parking Management Specialist, stated this item is for proposed modifications to the valet parking agreement for S.E. 2nd Avenue valet queue. Mr. Aronson stated this item was before the Commission in 2012 and in anticipation of the opening of Racks restaurant. Mr. Aronson stated there are three two space areas separated by intermittent landscape islands; the first two (2) spaces from Atlantic Avenue are the current valet queue. Staff recommends that the valet queue be shifted to the second and third pair of spaces and that would take them away from the Avenue by about an additional sixty (60) feet or so which would help alleviate some of the backing up onto Atlantic Avenue. Staff further recommends that the queue be expanded to take the two bays and the intermittent landscape island to be removed and that would create five (5) contiguous spaces to allow for the valet to queue the cars up in the queue so that other cars can come in behind it. Mr. Aronson stated the request from the applicant was to also put a valet queue on the west side but staff did not agree with that. He stated the area in front of Racks is not sizeable enough to accommodate the extra foot traffic along with the crossing of S.E. 2nd Street which could be hazardous. Mr. Aronson stated the queue on 2nd Street parks their cars at the Federspiel Garage so they have a five (5) block drive before they get to park the cars. He stated there are about 12 or 15 attendants in that queue and traffic on Atlantic Avenue to return is still going to be a problem but staff is hopeful that the expansion of the queue along with the removal of the landscape node would allow for a smoother transition. Mr. Aronson stated allowing them to use the loading zone to the south of the queue during high intensity times between the 8:00 p.m. transition between the early dinner and late dinner hour is usually when they get the most traffic of cars coming and leaving. He stated the City would allow them to use that for additional stacking until they can catch up to the traffic flow and then move those cars over to the Federspiel Garage. Mr. Aronson stated based on observations of the queue and Commissioner Jacquet's comments at the February 19, 2013 meeting, staff wanted to move this forward so they can get to resolve those issues. Mr. Aronson stated the removal of the landscape island is estimated at $6,000 and there are funds in the in -lieu of fund where the valet queue fees are kept and that could be funded through the funds that are in that account. He stated this would create five (5) spaces and one (1) additional public space for general use during the daytime in addition to increasing the valet revenue received from the queue. Mr. Frankel asked if the operator would pay for the additional spots. Mr. Aronson stated they would be paying for five (5) instead of two (2). Mr. Frankel asked what penalties do valet operators face for parking cars illegally. Mr. Aronson stated the first offense is a warning; the second offense is $200 fine; the third offense is a $500 fine and on a 4m offense it is a recommendation to the City Commission to cancel the valet queue. Mr. Frankel stated last week he had to call one of the clean and safe officers about valets parking cars in "no parking zones ". Mr. Aronson stated it is noted that the valets have been seen taking cars in the street and often times those are belligerent customers who pull up in the roadway when the queue is full and insist that the valet take their car. He stated the valets try not to but ultimately sometimes take the cars just to keep the traffic flow. Mr. Frankel stated increasingly he has seen these valet kids driving cars ridiculously and parking wherever they feel like. 8 03/05/13 Mr. Jacquet stated he asked for this to be brought up because not only has he had a major concern with that particular area, he has received numerous calls and complaints from some business owners about valets taking their spots and being rude to them. Also, Mr. Jacquet stated he drove down that street and there were seven (7) cars parked in the southbound lane with their flashing lights on. Mr. Jacquet stated he pulled over because he had to wait for the northbound traffic to pass and asked the valet if those cars are going to stay there and he rudely responded said "yes they are and what does it matter to you ?" Mr. Jacquet stated took photos of the cars parked in the street. Mr. Jacquet stated he personally does not use the valets downtown; however, if anyone is going to do business in town they need to respect the business owners and abide by the rules the City puts in place. Mr. Jacquet stated he is glad that staff is doing something about it to try and alleviate the problem and inquired about how much money the City is making from these valets. Secondly, Mr. Jacquet asked if the $6,000 that it will cost the City to get rid of the island and move spaces is taxpayers' money or are the valets going to pay for it. In response, Mr. Aronson stated the license for this valet queue is held by Prime Steakhouse and staff has not approached the licensee with respect to those construction costs. He stated the money that is being used is the valet fees that the City collects for the valet spaces currently $105.00 per space per month is collected and it is that money the City is reinvesting and making these changes. Mrs. Gray stated she does not feel that the City should be paying $6,000 to create another space for the valet queue. She stated she is not sure if this has been vetted out properly. Mrs. Gray stated she is glad that staff is not offering to put the other valet queue across the street and thought the dollars that are being raised from the valet queues was to create more parking. Mr. Aronson stated that is the in -lieu of fees that are used for parking purposes and the valet queue fees are held in that same account which is separate from the General Fund. Mr. Aronson explained that there are currently two (2) spaces and will expand it to five (5) and more public parking will be taken away off 2nd Avenue. Mr. Aronson stated the City would be taking two (2) additional spaces and then the one (1) space that is being created. Mr. Jacquet stated he is not sure if it was those spaces or other places around downtown but he has had business owners who have said that behind their business are usually reserved spaces for them to park and they are being taken over by valets and they are parking in "no parking" areas. Mr. Jacquet stated Pineapple Grove had that problem as well. Mr. Jacquet stated the Commission will have a Workshop to discuss valets downtown. Mr. Jacquet stated this is a good solution although it may not be the best solution. Mr. Jacquet asked if staff received feedback from the Clean & Safe officers on this particular proposal. In response, Mr. Aronson stated he has met with the Clean & Safe Officers and two representatives from the Police Department were at Monday's meeting with staff to discuss some of these changes and recommendations. He stated one of the suggestions was to hire an off -duty officer to control traffic for some of those that do not obey those of the valet attendants. Staff has decided to see how these changes affect management of the queue and if staff needs further remediating steps then we will have them hire an off -duty officer. 9 03/05/13 Mr. Smith stated this was the Police Department's feedback to staff to see how these changes work and explore the next step. Mrs. Gray stated if the Commission is going to be having a meeting is there a reason why this is being discussed now or can it wait another week or two. Mr. Aronson stated staff wanted to address the issue as quickly as possible while they are in mid - season to see if staff can get some of the changes done. Mr. Smith stated because this has been such a problem area that has been identified staff was trying to address that now. Mr. Smith stated at the March Workshop staff plans to discuss the whole scope of the valet program in general. Mrs. Gray suggested that for one more week the Commission should just table this and have everything put out on the same time. Mr. Smith stated how the Commission would like to move forward is at their discretion and if they do decide to take that approach then staff would move back to the following regular meeting for any official approval changes that they would like for the specific area. Mr. Jacquet stated in the meantime would it be a burden to have the valet companies hire an officer to look over it while the Commission is waiting to discuss the valet around town. Mr. Aronson stated the estimated cost is $2,000 a week ($40.00 per hour). Ms. Morrison asked that staff display the aerial that shows the west side of the intersection. Ms. Morrison stated she agrees that this may be a start of a solution but this is not the solution. She stated that the valets are delivering cars back on the east side of the street. Mr. Aronson stated he was not aware that the valets were doing that because they were not permitted to. Ms. Morrison stated this is hazardous because people are walking back and forth on the Avenue while cars are trying to come off Atlantic. Ms. Morrison stated this intersection is pivotal with five (5) restaurants at this location. Mayor Carney stated this one valet queue standing alone is not a problem but feels the overall system needs to be reviewed because there are a series of issues that have to be addressed. Mayor Carney stated he agrees that the Commission needs an overall look at how the City is doing these valet queues and asked when the valet queue contracts come due. In response, Mr. Aronson stated they were scheduled for March and staff will be having some discussions at the Workshop as well with that. Mr. Aronson stated in the paperwork submitted for renewal and during the last approvals of modifications to the agreement there is a portion of the contract that got eliminated which gave the authority to the City Manager to renew the licenses. Mayor Carney stated he believes that there are serious enforcement issues about people parking there for longer periods of time than just the drop off. Mrs. Gray suggested that the Commission table this item and have the study done and do it all at one time since there are only two weeks; next week is the meeting and then the following week it will be before the Commission for approval. She stated they may discover that the valet queue is not in the right spot at all. 10 03/05/13 Mr. Jacquet concurs with comments expressed by Mrs. Gray that the Commission have the discussion on the valet fees and location, etc. they may be in a better position of making a better decision. Mr. Jacquet agrees with Commissioner Morrison that the City put in stop gap measures as far as having an off -duty officer to make sure that we can protect our patrons and business owners. Mr. Carney asked if the Commission decides to table this to the Workshop meeting how can they create a condition requesting that the valet queue provide an off - duty police officer. Brief discussion followed between the City Attorney and the Commission. Mr. Frankel stated it is important to invite the Clean and Safe Officers next week to participate in the discussion at the Workshop meeting with the valets. Mr. Jacquet suggested a notice be sent out to the business owners to invite them to the meeting as well. Mrs. Gray moved to take no action on Item 10.C. and authorize the City Manager to inform the valet queue that they need to have an off -duty officer, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 10.D. PROPOSAL FOR SETTLEMENT IN DENISE RYDZEWSKI v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the total amount of $30,000.00 in Denise Rydzewski v. City of Delray Beach. Staff recommends denial. Terrill Pyburn, Assistant City Attorney, stated this is a settlement offer in the Rydzewski case which was a trip and fall on Germantown Road on the sidewalk. The Plaintiff has made a proposal for settlement in the amount of $30,000. Staff recommends denial. Mrs. Gray asked why staff recommends denial. Ms. Pyburn stated staff does not believe it is worth that amount at this point in time. Mr. Frankel moved to approve the proposal for settlement in the amount of $30,000 in Denise Rydzewski v. City of Delray Beach, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — No; Mayor Carney — No; Ms. Morrison — No; Mr. Jacquet — No; Mr. Frankel — No. Said motion was DENIED with a 5 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to Item 11 Public Hearings. 11 03/05/13 11. PUBLIC HEARINGS: 11.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 concurring votes on an item; providing for a referendum on March 12, 2013. The caption of Ordinance No. 01 -03 is as follows: 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. (The official copy of Ordinance No. 01 -03 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. The City Attorney stated the Commission voted on this ordinance some time ago and then staff discovered that there was an error in the publication and this is the reason this is back before the Commission. The City Attorney stated the publication is correct and the notice is correct. Mayor Carney declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 01 -03, the public hearing was closed. The City Attorney explained that by putting this in the local rules it can be changed by the City Commission. 12 03/05/13 Mr. Jacquet reiterated that he does not agree with this item because this removes something from the Charter and puts it into the rules of the Commission which will be at the whim of any Commission to decide how this goes. In his opinion, Mr. Jacquet stated he disagrees with this because he feels even if this were changed that it should not be changed by the Commission and he stands by his previous comments. Mayor Carney supports this ordinance because how one votes should be in the Commission. For example, the previous vote the Commission made had to be made in the affirmative and the Commission should be able to make a motion to deny. Mayor Carney stated they still have to have three (3) affirmative votes and still have to be recorded. In his opinion, Mayor Carney stated rules and regulations or how you run yourself as a ministerial point are best left in the rules versus the Charter. Mr. Frankel moved to adopt Ordinance No. 01 -13 on Second and FINAL Reading, seconded by Ms. Morrison. Upon roll call the Commission voted as follows: Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — No; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 1 vote, Commissioner Jacquet dissenting. 1LB. ORDINANCE NO. 05 -13 (SECOND READING /SECOND PUBLIC HEARING): Consider approval of a privately initiated amendment to the Land Development Regulations (LDR) Section 4.3.4(J)(4), "Increases to Height Regulations ", Subsection (b), "Allowances ", to allow an increase in building height to be considered for the Delray Medical Center, located at 5352 Linton Boulevard. The caption of Ordinance No. 05 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.4(J), "HEIGHT ", SUBSECTION (4), "INCREASES TO HEIGHT REGULATIONS ", SUBSECTION (b), "ALLOWANCES ", TO ALLOW AN INCREASE IN BUILDING HEIGHT TO BE CONSIDERED FOR DELRAY MEDICAL CENTER; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 05 -13 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. 13 03/05/13 Paul Dorling, AICP, Director of Planning and Zoning, stated this is a privately- initiated amendment to add the Delray Medical Center campus to the list of areas eligible to request an increase in maximum allowable height up to sixty (60) feet. Mr. Dorling stated the property is zoned CF (Community Facilities) and currently allows a maximum height of forty -eight (48) feet. Staff feels this is an area in the city where it is appropriate to apply this. Mr. Dorling stated this is concurrent with a submittal for conditional use and a Class IV site plan which would add a 4 -story 129,000 square foot bed tower to the hospital as well as a 5 -story parking structure and in the development of that it has become necessary to provide four (4) floors of bed tower and because of the distances between floors sixty (60) feet is necessary to do it appropriately. At its meeting of January 29, 2013, the Planning and Zoning Board reviewed this and recommended approval. Colleen Walter, Urban Design Kilday Studios, 477 S. Rosemary Road #225, West Palm Beach, FL 33401 (applicant), stated the primary reason for this request is to allow for the addition of a bed tower to the hospital because of the floor -to- floor heights that is needed for medical facilities, the four (4) stories cannot be accommodated in forty -eight (48) feet; a sixty (60) foot is necessary. Ms. Walter stated the conditional use application will be coming back before the Commission where they will have the opportunity to review the plans in detail. There was no rebuttal. Mayor Carney declared the public hearing open. Mary Alford, 31 N.W. 14th Avenue, Delray Beach, FL 33444, expressed concern over the Commission allowing the applicant to increase the height and the precedent this will set. Ms. Alford stated we will lose some of the sunshine and ocean breezes. In addition, Ms. Alford stated there are currently not enough parking spaces at the Medical Center and asked if the applicant is going to be able to increase the parking area. There being no one else from the public who wished to address the Commission regarding Ordinance No. 05 -13, the public hearing was closed. Mr. Dorling stated part of the improvement includes a five (5) story parking garage addition. He stated this is not an intensification of the use but is actually taking semi - private rooms and making them private rooms so it is adding rooms but not capacity as it relates to traffic. Mr. Frankel stated this will be a great improvement. Mr. Jacquet stated if the Commission approves this conditional use he believes it does not give anyone else the right to build their buildings any higher. The City Attorney stated they would still have to come before this Commission. 14 03/05/13 Ms. Morrison asked where the tower is going to be to address the sunshine issue. Mr. Dorling stated it will be in the front to identify an entrance to the hospital. Ms. Morrison stated the neighborhoods to the south, west and the north will not be impacted by this height because it is in the center of the hospital campus. Mayor Carney stated this is a great project. Ms. Morrison moved to adopt Ordinance No. 05 -13 on Second Reading/Second Public Hearing, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes. Said motion passed with a 5 to 0 vote. 11.C. ORDINANCE NO. 03 -13: Consider approval to provide for the designation of a property located at 170 Marine Way as "The Marina House" to the Local Register of Historic Places. The caption of Ordinance No. 03 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE MARINA HOUSE, LOCATED AT 170 MARINE WAY, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "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. 03 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this site is located at the northwest corner of Marine Way and S.E. 2nd Street. Mr. Dorling stated this house will be an individually designated property that has recently been moved to this site from 806 N.E. 2nd Avenue. He stated to be designated individually it has to meet one of the criteria in LDR Section 4.5.1(B). Mr. Dorling stated it meets criteria under LDR Section 4.5.1(13)(3) due to its architectural and aesthetic significance exemplified by the vernacular style. 15 03/05/13 At its meeting of February 6, 2013, the Historic Preservation Board (HPB) reviewed this ordinance and there was a recommendation of approval. The City Commission reviewed this at first reading on February 19, 2013 and recommended approval at that time. Mr. Jacquet moved to adopt Ordinance No. 03 -13 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes. Said motion passed with a 5 to 0 vote. 12. FIRST READINGS: A. None 10.E. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) regular member to serve an unexpired term ending July 31, 2014 to the Neighborhood Advisory Council. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel moved to appoint Shirl Fields as a regular member to the Neighborhood Advisory Council (NAC) to serve an unexpired term ending July 31, 2014, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 10.F. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to serve an unexpired term plus a two (2) year term ending July 31, 2015 to the Police Advisory Board. Based upon the rotation system, the appointment will be made by Commissioner Morrison (Seat #1). Ms. Morrison moved to appoint Francis Marincola as a regular member to the Police Advisory Board (PAB) to serve an unexpired term plus a two (2) year term ending July 31, 2015, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 10.G. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) regular member to serve an unexpired term plus a two (2) year term ending July 31, 2015 to the Financial Review Board. Based upon the rotation system, the appointment will be made by Mayor Carney (Seat #5). Mayor Carney stated he wished to appoint Jeff Ritter as a regular member to the Financial Review Board (FRB) to serve an unexpired term plus a two (2) year term ending July 31, 2015. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — 16 03/05/13 Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 13.A. City Manager Douglas E. Smith, Interim City Manager, stated he sent the Commission a notification from the Planning and Zoning Director that the dredging project is underway. Secondly, Mr. Smith stated staff is working on the educational components of the consulting services that the City has acquired for the ballot initiative items that they have coming up next week. He stated the automated phone calls have gone out to one of those over the weekend and staff has established a call in number for people to call in for more information. Mr. Smith stated staff just gave approval for the printed flyer and it explains things in a nice bulleted fashion for each item and it should be arriving in people's mailboxes Friday or Saturday. Mr. Smith stated at a recent Police and Fire Pension Board meeting there was a presentation by an individual that does the investment consulting for that board regarding looking at fees, etc. with providers of the City's deferred compensation accounts (i.e., 457, 401 Plans and also the deferred retirement plans). He stated it was discussed at that meeting to possibly have this individual come and do a presentation for the Commission. Mr. Smith stated staff is currently doing some additional research at the staff level that they would like to go through as well as allow the new City Manager to review prior to bringing it back. He stated Delray Place is scheduled for SPRAB on March 13, 2013 and would then be scheduled for City Commission action on April 16, 2013 but due to Mr. Dorling being out -of -town staff is going to plan to move that back to April 9, 2013 and have that as a pre -item to the Workshop Agenda. Mr. Smith stated Mr. Dorling has invited any of the Commission who is interested in getting out to the dredge equipment they can do that. Mr. Smith stated it is going to be a time commitment of a minimum of 3 hours or so even if the Commission prefers to stay on the land as well. Lastly, Mr. Smith asked for direction from the Commission if they wish to move the meeting that is scheduled for tomorrow evening with the CRA into the Chambers. At this point, Commissioner Carney noted that Mrs. Rolle has a student present this evening from her Civics class. 13.B. City Attorney The City Attorney had no comments or inquiries on non - agenda items. 17 03/05/13 13.C. City Commission 13.C.1. Mr. Frankel Mr. Frankel asked if it is appropriate to have the meeting with the CRA tomorrow or is it best to wait until after the Election. Brief discussion by the Commission ensued. After brief discussion, it was the consensus of the Commission to move the CRA meeting from tomorrow until after the new City Manager starts and that it be a stand -alone meeting in April. Secondly, Mr. Frankel stated he received an email from Marie Nofsinger about the Delray Inn and noted it came before the City Commission and they requested to be able to do some medical procedures and it was a 5 to 0 vote against it; however, they are doing these procedures. The City Attorney stated staff has passed this along to Mrs. Butler and she is looking into that to see if there are any code violations. He stated the tennis was amazing and the crowd on Sunday was remarkable. Mr. Frankel stated he sent an email to Mr. Smith about Naked Hair Salon and would like to see them recognized for all the community service they have done for the last 3 -4 years. Mr. Smith stated staff will pass this along to the Commission and get them set up for a recognition award at an upcoming meeting. 13.C.2. Mrs. Gray Mrs. Gray stated the tennis tournament was great this weekend and hopes that the City can work out the problems expressed by Ms. Moody this evening. 13.C.3. Ms. Morrison Ms. Morrison thanked Ms. Alford about her comments about the hospital, sunshine, and the parking because they are legitimate concerns and she wants to make sure she realized that the Commission addressed those concerns and that they were not going to affect the surrounding neighborhood. Secondly, Ms. Morrison stated the tennis was fabulous. She stated when the City hires valets and contractors for the City that it is not a City liability; every contractor that the City hires does have their own insurance should anything happen so the liability of the City is remote. Mayor Carney stated the City has hold harmless provisions and indemnification. 18 03/05/13 13.C.4. Mr. Jacquet Mr. Jacquet stated the tennis was fabulous and it was well attended. Secondly, Mr. Jacquet concurred with Commissioner Frankel that the Commissioner give special recognition to Naked Hair Salon for the type of work they are doing. He stated they are the only one in the world or one of very few that is 100% green and no carbon footprint. Mr. Jacquet stated the City has 137 sworn officers; only 2 are uniformed creole speaking officers. Mr. Jacquet feels this is a problem with regard to community policing and no one at the front desk who speaks creole. He stated the Problem Oriented Policing (P.O.P.) Program has done a phenomenal job in the City under the leadership of Sergeant Weatherspoon. Mr. Jacquet stated Gary Ferreri was involved and now Officer Merk in the Osceola Park neighborhood and noted that they have cleaned the neighborhood up and crime has drastically gone down. He stated the neighbors in the community have gotten together and for three years straight have cleaned out an entire alley with the help of the City and the Police Department. Mr. Jacquet commented about the "Art in the Alley" event this past Sunday and stated the neighbors have put their hands together and taken back their neighborhoods and he feels that is a prime example of how community policing and everyone coming to the table together to solve our issues. He stated this has worked beautifully and applauds the Police Department, the neighbors and the City for their efforts. Mr. Jacquet stated Major Joe Bernadel who heads the Toussaint L'Ouverture High School last year they had an event in Boynton Beach for Haitian Flag Day on May 18, 2012 where they raised the flag in front of City Hall and this year they want to hold it here in Delray Beach. Mr. Jacquet stated this would be a great event to do on May 18, 2013 at 10:00 a.m. and he would like to look at the logistics of getting that done. Lastly, Mr. Jacquet stated with all the development that the City is planning on doing with West Atlantic Avenue with Visions 2020 getting ready to meet, etc. and when these businesses come to town the City may actually need a parking garage out west. 13.C.5. Mayor Carney Mayor Carney stated this is the third year in a row for "Art in the Alley" and noted they do wonderful work in Osceola Park and it is a true example of a community getting together to improve itself to establish relationships with their neighbors. He stated it was fabulous event this year. 19 03/05/13 Secondly, Mr. Carney stated the City did a great job with organizing the tennis event and the traffic patterns were great. He stated it is a testimony to how well it was planned both by the promoter and the City. Lastly, Mayor Carney concurs with Commissioner Jacquet that Haitian Flag Day (May 18m) is a great idea for Delray Beach. There being no further business, Mayor McDuffie declared the meeting adjourned at 7:32 p.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on March 5, 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. 20 03/05/13 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 THE ST. PATRICK'S DAY PARTY AND PARADE 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 March 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)? 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 4.6.7(F)(3)(f)(4) subject to the condition that each sign must provide the name, time, date, and location of the event. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of March, 2013, by a vote of 5 in favor and 0 opposed. ATTEST: Chevelle Nubin, City Clerk 2 Thomas F. Carney, Jr., Mayor 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 THE DELRAY AFFAIR 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 March 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)? 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 !l denies the waiver requests to LDR Section 4.6.7(F)(3)(f)(4) subject to the condition that each sign must provide the name, time, date, and location of the event. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of March, 2013, by a vote of 5 in favor and 0 opposed. 9 Thomas F. Carney, Jr., Mayor ATTEST: Chevelle Nubin, City Clerk 2 MARCH 28, 2013 DELRAY BEACH CITY COMMISSION ANNUAL ORGANIZATIONAL MEETING (1) Call to Order /Roll Call. The annual Organizational Meeting of the City Commission of the City of Delray Beach, Florida was called to order by Mayor Thomas F. Carney in the Commission Chambers at City Hall at 6:00 p.m. on Thursday, March 28, 2013. Roll call showed: Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Thomas F. Carney, Jr. Absent: Commissioner Christina Morrison Also present were: Douglas E. Smith, Interim City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk (2) Pledge of Allegiance to the Flag Arrianna Louth recited the Pledge of Allegiance along with the Commission and the public. (3) Comments from outgoing Mayor Mayor Carney stated it has been a pleasure and privilege to serve on the Commission and as Mayor for the past two years. He expressed his appreciation and thanked staff and Mr. Doug Smith. He stated he has appreciated Mr. Smith's perspective and knowledge as he carried out his duties as Mayor. He also acknowledged Mr. Shutt for his sage advice and his office for all of the hard work they did during work hours and weekends. He expressed gratitude to his fellow Commission Members and stated he appreciates all that they have done with and for him. Mayor Carney stated he has learned a great deal and given of himself to the best of his ability. He stated he will look back on his time with fondness, satisfaction and pride. Mayor Carney thanked the Charter Review Committee and residents and encouraged them to continue their civic engagement. He gave best wishes to the new Mayor, Commissioner and City Manager. He stated it is his intention to continue to serve the community. (4) Oath of Office administered to Newly- Elected City Commission Members: Mayor Cary D. Glickstein Commissioner Adam Frankel Commissioner Shelly E. Petrolia Judge Gladstone administered the Oath of Office to Mayor Glickstein (Seat #5) and the City Clerk administered the Oath of Office to Commissioner Adam Frankel (Seat #3) and Commissioner Shelly Petrolia (Seat #1). (5) Roll Call Newly Sworn -in Commission The City Clerk called the roll of the Commission after newly - elected City Commission Members were sworn in. Roll call showed: Commissioner Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent: None (6) Selection of Vice -Mayor (for the term March 29, 2013 through March 27, 2014) Commissioner Petrolia moved to appoint Commissioner Jacquet as Vice -Mayor of the City of Delray Beach for the term March 29, 2013 through March 27, 2014, seconded by Commissioner Gray. Upon roll call the Commission voted as follows: Commissioner Jacquet — Yes; Commissioner Frankel — Yes; Commissioner Gray— Yes; Mayor Glickstein — Yes; Commissioner Petrolia — Yes. Said motion passed with a 5 to 0 vote. (7) Selection of Deputy Vice -Mayor (for the term March 29, 2013 through March 27, 2014) Commissioner Frankel moved to appoint Commissioner Petrolia as Deputy Vice -Mayor of the City of Delray Beach for the term March 29, 2013 through March 27, 2014, seconded by Commissioner Jacquet. Upon roll call, the Commission voted as follows: Commissioner Frankel — Yes; Commissioner Gray — Yes; Mayor Glickstein — Yes; Commissioner Petrolia — Yes; Commissioner Jacquet —Yes. Said motion passed with a 5 to 0 vote. 2 Annual Organizational Meeting March 28, 2013 (8) Review and Acceptance of regularly scheduled City Commission Meeting dates for the period April 2013 through March 2014 Mayor Glickstein asked the City Clerk if the meeting dates had been cross checked in correspondence with holidays. A scrivener's error of July 13, 2013 was noted by Commissioner Petrolia and the date was changed to July 16, 2013. Commissioner Frankel referenced the meeting dates in 2014 in regards to Passover. Commissioner Gray moved to approve the Commission Meeting dates as amended, seconded by Commissioner Frankel. Upon roll call, the Commission voted as follows: Commissioner Gray — Yes; Mayor Glickstein — Yes; Commissioner Petrolia — Yes; Commissioner Jacquet — Yes; Commissioner Frankel — Yes. Said motion passed with a 5 to 0 vote. (9) Establish a date for the 2014 Goal Setting Session Commission discussed the scheduling of the 2014 Goal Setting Session with Lyle Sumek. Commissioner Petrolia moved to defer scheduling the 2014 Goal Setting Session, seconded by Commissioner Frankel. Upon roll call, the Commission voted as follows: Mayor Glickstein — Yes; Commissioner Petrolia — Yes; Commissioner Jacquet — Yes; Commissioner Frankel — Yes; Commissioner Gray — No. Said motion passed with a 4 to 1 vote; Commissioner Gray dissenting. (10) Review and Adoption of Rules of Procedure — Delray Beach City Commission (Local Rules) Commissioner Jacquet moved to adopt the Rules of Procedure as presented, seconded by Commissioner Petrolia. Upon roll call the Commission voted as follows: Commissioner Petrolia — Yes; Commissioner Jacquet — Yes; Commissioner Frankel — No; Commissioner Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 1 vote; Commissioner Frankel dissenting. (11) Review and Adoption of Procedures for Quasi Judicial Hearings Commissioner Frankel moved to adopt the procedures for Quasi-judicial Hearings, seconded by Commissioner Jacquet. Upon roll call the Commission voted as follows: Commissioner Jacquet — Yes; Commissioner Frankel — Yes; Commissioner Gray— Yes; Mayor Glickstein — Yes; Commissioner Petrolia — Yes. Said motion passed with a 5 to 0 vote. 3 Annual Organizational Meeting March 28, 2013 (12) Review of City Commission Liaison Appointments to various Advisory Boards and outside agencies Commission reviewed the assigned liaisons from Boards and Outside Agencies and amended the liaison appointments. A copy of the amended assignments /appointments is attached as part of the minutes. Commissioner Frankel moved to accept the Liaison Appointments as amended, seconded by Commissioner Petrolia. Upon roll call, the Commission voted as follows: Commissioner Frankel — Yes; Commissioner Gray— Yes; Mayor Glickstein — Yes; Commissioner Petrolia — Yes; Commissioner Jacquet —Yes. Said motion passed with a 5 to 0 vote. (13) Commission Comments. Commissioner Frankel welcomed Mayor Glickstein and Commissioner Petrolia and stated this is going to be a great year and he stated their enthusiasm is wonderful. Commissioner Gray welcomed Mayor Glickstein and Commissioner Petrolia. She stated she looks forward to working with them. Commissioner Jacquet welcomed Mayor Glickstein and Commissioner Petrolia. He stated he looks forward to working with them and thinks Delray Beach is going to be a better place; it's already a great city. He also acknowledged his parents in the audience and stated he is very proud of them. Commissioner Petrolia thanked everyone for the warm welcome and for all of the help until this point and she recognized her parents who were in the audience and her husband and children. She thanked everyone for the opportunity to serve and stated she is going to work hard on keeping the promises and move forward in the most positive way. Mayor Glickstein stated he also echoes those comments and looks forward to working with his colleagues and staff. He stated we have alot of work to do. He thanked his family and stated there has been a lot of personal sacrifice over the last nine months. In addition, he thanked everyone for their interest in the town. Mayor Glickstein stated we are at our best when citizens are engaged and he stated we are only as good as the people in the community communicating to us what is important to them. There being no further business, the meeting was adjourned at 6:47 p.m. City Clerk 4 Annual Organizational Meeting March 28, 2013 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 Annual Organizational Meeting of the City Commission held on March 28, 2013, which minutes were formally approved and adopted by the City Commission on April 2, 2013. City Clerk NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become official only after review and approval by the City Commission which may involve amendments, additions or deletions to the minutes as set forth above. 5 Annual Organizational Meeting March 28, 2013 MEMORANDUM TO: Mayor and City Commissioners THRU: Douglas E. Smith, Interim City Manager FROM: Chevelle D. Nubin, MMC, City Clerk SUBJECT: CITY COMMISSION LIAISON ASSIGNMENTS DATE: March 29, 2013 Below is the list of City Commission Liaison assignments as amended at the March 28, 2013 Annual Organizational Meeting. BOARD LIAISON Community Redevelopment Agency 2nd & 4`h Thursdays at 5:30 p.m. Commission Chambers Community Land Trust 3rd Thursday at 6:00 p.m. Old School Square Library Delray Beach Public Library 3rd Wednesday at 5:30 p.m. 2nd Floor Conference Room, Library Delray Beach Public Schools Mayor Glickstein Primary Member Commissioner Jacquet Alternate Member Commissioner Petrolia Commissioner Jacquet City Commissioners adopt a Delray Beach Public School and serve as a liaison to that School's Advisory Committee. The Schools are: Banyan Creek Elementary School Commissioner Frankel Third Vednesday of every month @ 6:45 p.m. in Media Center Spady Elementary School Commissioner Petrolia April 29, 2013 and May 20, 2013 @ 4:30 p.m. in Media Center Plumosa Elementary School Commissioner Jacquet 1' Vednesday of the month @ 7:15 a.m. in the Media Center Pine Grove Elementary School Commissioner Gray April 9, 2013 @ 6.00 p.m. in Media Center Page 2 Orchard View Elementary School Mayor Glickstein 1' ilednesday of every month @ 6:00 p.m. in Media Center Village Academy Commissioner Petrolia 1' Tuesday of the month @ 6:00 p.m. in Media Center Carver Middle School Commissioner Jacquet 2 "d Thursday of the month @ 6:00 p.m. in Media Center Atlantic High School Commissioner Jacquet Apri123, 2013 and May 21, 2013 @ 6:00 p.m. in Media Center Downtown Development Authority Commissioner Frankel 2nd Monday at 12:00 Noon Primary Member First Floor Conference Room, City Hall Commissioner Petrolia Alternate Delrav Beach Marketing Cooperative Board of Directors Commissioner Petrolia 4`h Thursday at 8:30 a.m. Primary Member Chamber of Commerce Commissioner Gray Alternate Member Drug Task Force Commissioner Petrolia 3rd Friday at 8:30 a.m. Primary Member Commissioner Jacquet Alternate Education Board Commissioner Jacquet 1" Monday at 5:30 p.m. Primary Member First Floor Conference Room, City Hall Commissioner Petrolia Alternate Member General Employees Retirement Committee Meets once every quarter Historic Preservation Board Commissioner Frankel 1" and 3rd Wednesdays at 6:00 p.m. Commission Chambers Parking Management Advisory Board Mayor Glickstein 4`h Tuesday at 5:30 p.m. First Floor Conference Room, City Hall Police & Fire Board of Trustees Commissioner Frankel 3rd Wednesday of designated months Douglas E. Smith at 1:00 p.m. in Training Room Interim City Manager at Fire - Rescue Headquarters S: \City Clerk \ORGANIZATIONAL MEETINGS \March 28, 2013 Org Meeting \CITY COMMISSION LIAISON ASSIGNMENTS 2013 -2014 03282013.doc Page 3 Public Art Advisory Board Commissioner Frankel 4`h Monday at 6:00 p.m. Delray Beach Community Center 50 N.W. 1St Avenue Sister Cities Committee Commissioner Jacquet 15` Thursday at 4:45 p.m. First Floor Conference Room, City Hall OTHER CITY ADVISORY BOARDS: Board of Adjustment 1st and 3rd Thursday as needed at 5:30 p.m. City Commission Chambers, City Hall Civil Service Board Meets as needed City Commission Chambers, City Hall Code Enforcement Board 2nd Tuesday at 1:30 p.m. City Commission Chambers, City Hall Delray Beach Housing Authority 3rd Thursday at 8:45 a.m. Environmental Services Department 434 South Swinton Avenue Financial Review Board 2nd and 4`h Wednesday at 8:15 a.m. First Floor Conference Room, City Hall Green Implementation Advancement Board 4`h Thursday of each month at 9:00 a.m. Environmental Services Department 434 South Swinton Avenue, Delray Beach Kids and Cons 1" Wednesday at 6:00 p.m. Police Department 300 West Atlantic Avenue, Delray Beach Neighborhood Advisory Council 3rd Monday at 5:30 p.m. First Floor Conference Room, City Hall Nuisance Abatement Board 1" and 3rd Monday as needed at 3:30 p.m. City Commission Chambers, City Hall Planning & Zoning Board 3rd Monday at 6:00 p.m. City Commission Chambers, City Hall S: \City Clerk \ORGANIZATIONAL MEETINGS \March 28, 2013 Org Meeting \CITY COMMISSION LIAISON ASSIGNMENTS 2013 -2014 03282013.doc Police Advisory Board Meets quarterly on the 2nd Monday of the month at 5:30 p.m. First Floor Conference Room, City Hall Public Employees Relations Commission Meets as needed City Commission Chambers, City Hall Site Plan Review and Appearance Board 2nd and 4`h Wednesday at 6:00 p.m. City Commission Chambers, City Hall OUTSIDE AGENCY APPOINTMENTS Palm Beach County League of Cities, Inc. Governmental Center 301 North Olive Avenue West Palm Beach 33402 Contact: Richard Radcliffe, Exec. Director (561) 355 -4484 Page 4 Commissioner Gray Board of Directors Co -Chair Education Committee The Palm Beach County League of Cities, Inc. was chartered in 1969 as a non - profit corporation. The purpose of the Palm Beach County League of Cities is to promote and advance the collective interest of the municipalities of Palm Beach County; to study municipal issues and seek desired results through cooperative efforts; to respect the principles of Home Rule; and to encourage and enhance the quality of life of citizens of Palm Beach County. The General Membership meets once per month (normally the 4`h Wednesday) at 11:30 a.m. at different host cities around the county. The Board of Directors meets once per month (normally the 4`h Wednesday) at 10:00 a.m., at various locations in Palm Beach County. Florida League of Cities, Inc. 301 S. Bronough Street, Suite 300 (32301) Post Office Box 1757 Tallahassee, Florida 32302 -1757 Contact: Scott Dudley, Sr. Legislative Advocate (850) 222 -9684 Metropolitan Planning Organization Of Palm Beach County 160 Australian Avenue, Suite 201 P. O. Box 21229 West Palm Beach 33416 (561) 684 -4170 or Paul Dorling (City staf� (561) 243 -7040 Mayor Glickstein Primary Member Commissioner Jacquet Alternate Member S: \City Clerk \ORGANIZATIONAL MEETINGS \March 28, 2013 Org Meeting \CITY COMMISSION LIAISON ASSIGNMENTS 2013 -2014 03282013.doc Page S The Metropolitan Planning Organization of Palm Beach County was created pursuant to Chapter 339.175 of the Florida Statutes. Their objectives are to encourage and promote the safe and efficient management, operation and development of surface transportation systems that will serve the mobility needs of people and freight within, and through, urbanized areas of Palm Beach County while minimizing transportation related fuel consumption and air pollution. The MPO is charged with the development of short -range (5 year) and long -range (20 year) transportation plans and programs. MPO Board (elected officials) meets on the 3' Thursday of the month at 9:00 a.m., 12`h floor Conference room at the Governmental Center, 301 North Olive Avenue, West Palm Beach, Florida. Technical Advisory Committee (TAC, staff subcommittee) meets on the 1" Wednesday of the month at 9:00 a.m. at 2300 North Jog Road in the 4`h floor Conference Room, #4E -12, West Palm Beach. Liaison to State Representatives Bobby Powell, District 88 Commissioner Jacquet Bill Hager, District 89 Commissioner Frankel Liaison to State Senators Maria Lorts Sachs, District 34 Commissioner Petrolia Commissioner Gray Commissioner Frankel Liaison to United States Representatives Lois Frankel, District 22 Commissioner Frankel Commissioner Petrolia Commissioner Gray Intergovernmental Coordination Issues Commissioner Frankel Forum Primary Member Lantana Council Chambers 500 Greynolds Circle Lantana, 33405 Contact: Ana Yeskey Commissioner Gray 9835 -16 Lake Worth Road, Suite 223 Alternate Member Lake Worth 33467 Paul Dorling (561) 434 -2575 City Staff Member The Intergovernmental Coordination Issues Forum reviews and makes recommendations on issues of multi - jurisdictional significance, such as school concurrency, county wide fire rescue services, and countywide library services. The intent is to have municipalities work together on issues of countywide concern or impact and to assist in the resolution of any disputes which may arise between local governments. The Issues Forum meets on a quarterly basis. Meeting dates are to be determined. The Executive Committee meeting at 9:30 a.m., Issues Forum at 10:30 a.m. and IPARC at 2:30 p.m. in the Lantana Council Chambers. S: \City Clerk \ORGANIZATIONAL MEETINGS \March 28, 2013 Org Meeting \CITY COMMISSION LIAISON ASSIGNMENTS 2013 -2014 03282013.doc WHEREAS, libraries support our educational system by providing materials and programs for children, families, adults, and elders to enrich their lives and their understanding of the world; and WHEREAS, libraries provide residents and visitors with access to important research about health, recreation, economics, the environment, employment, business opportunities, and countless other subjects to improve living conditions and to help our citizens live more productive and fulfilling lives; and WHEREAS, libraries support a competitive workforce with access to the Internet and other resources, helping people to find, evaluate, and use information necessary for their jobs, businesses, and the delivery of governmental services; and WHEREAS, the Delray Beach Public Library is celebrating its Centennial, providing 100 years of materials, programs, and services to our diverse community since its formation by the Ladies Improvement Association in April 1913. NOW THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, on behalf of the City Commission, do hereby proclaim April 2013 as: DELRAY BEACH PUBLIC LIBRARY APPRECIATION MONTH in the City of Delray Beach and urge the citizens of Delray Beach to show support for our Delray Beach Public Library and encourage everyone to take advantage of the many services offered through our local library. 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 2nd day of April 2013. CARY D. GLICKSTEIN MAYOR WHEREAS, it is very important that we as a city set aside a month for environmental and sustainable awareness; and WHEREAS, all people should be aware of the protection of the environment for the future of human, animal and plant life; and WHEREAS, as a result of environmental and sustainable awareness many laws have been created to protect our land, water, species and air; and WHEREAS, our environment directly impacts the quality of life for all residents, businesses and visitors in Delray Beach and an increased awareness of these issues will continue to make our community a better place to live, work and play; and WHEREAS, the month of April, which includes Earth Day on the Avenue, which will be held on Saturday, April 20d' at Old School Square Park, provides the perfect time to raise and promote awareness of environmental conversation, sustainable efforts and conservation practices. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the month of April as: EARTH MONTH in Delray Beach and urge all citizens to participate and assist with raising environmental awareness. 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 2nd day of April, 2013. CARY D. GLICKSTEIN MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD /CRA Victor Majtenyi, Interim Director of Environmental Services THROUGH: Douglas E. Smith, Interim City Manager DATE: March 22, 2013 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF APRIL 2, 2013 SERVICE AUTHORIZATION NO. 12 -02 / CALVIN GIRODANO AND ASSOCIATES, INC. ITEM BEFORE COMMISSION Request for Commission approval and authorization for the Mayor to execute service authorization #12- 02 with Calvin, Giordano and Associates, Inc. for the design of SE 2nd St - Swinton -SE 3rd Ave, Project #13 -020. The cost of this Service Authorization is $123,382.42 BACKGROUND The project limits are defined as SE 2nd Street from Swinton Avenue to SE 3rd Avenue, SE 2nd Avenue from SE 2nd Street to SE 3rd Street, the alleyway and Lots 6 and 7 of Block 87, Linn's Addition to Osceola Park. The existing roadway is generally two lanes wide with on- street parking and sidewalks for most of the area. The Scope of Services will be to prepare full construction documents, beginning with conceptual design to the final design documents, statement of probable cost, project specifications and construction services and final certification. The project includes street enhancements including landscape beautification, underground utilities (street lighting), drainage and on street parking. A pervious paver parking lot will be constructed on Southeast 2nd Avenue between the roadway and the new alleyway. This is a CRA funded project, and the cost of this Service Authorization will be funded by the CRA with the exception of any water /sewer or drainage improvements which will be funded by the appropriate enterprise funds if required. FUNDING SOURCE Funding is available from: 334 - 3162 -541 -68.30 RECOMMENDATION Staff recommends approval. CONSULTING SERVICE AUTHORIZATION DATE: March 25, 2013 CONSULTANT: Calvin Giordano & Associates Inc. SERVICE AUTHORIZATION NO. #12 -02 FOR CONSULTING SERVICES CITY P.O. NO._ CITY PROJECT NO. EXPENSE CODE CONSULTANT PROJECT NO. 12 -5520 TITLE: SE 2 "1 Street Improvements from Swinton to SE Yd Avenue This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "Agreement for General Consulting Engineering Services" Contract, dated February 22, 2012. I. PROJECT DESCRIPTION The project is located in Delray Beach, Florida east of Interstate 95 at Southeast 2nd Street from South Swinton Avenue to Southeast 3rd Avenue. The project limits also include the Southeast 2nd Avenue Alleys in Block 87 and a parking facility located in Lots 6 and 7, Block 87, Linn's Addition to Osceola Park owned by the City of Delray Beach CRA. The Scope of Services will be to prepare full construction documents, beginning with conceptual design to the final design documents, statement of probable cost, project specifications and construction services and final certification. The project includes street enhancements including concrete sidewalks, landscape beautification, drainage and on street parking. A pervious paver parking lot will be constructed on Southeast 2 "d Avenue between the roadway and the new alleyway. The project limits are defined as SE 2n1 Street from Swinton Avenue to SE 3`d Street, SE 2' Avenue from SE 2ad Street to SE 3`d Street, the alleyway and Lots 6 and 7 of Block 87, Linn's Addition to Osceola Park. The existing roadway is generally two lanes wide with on- street parking and sidewalks for most of the area. The FEC corridor shall not be included in the improvement area. The City of Delray Beach is the property owner. Stormwater Runoff from the roadways will be collected in a system of inlets and catch basins which will be connected to the existing drainage system. There will be a drainage line constructed on SE 2nd Avenue connecting to the existing trunk line on SE 3rd Street. The parking facility will be designed with pervious pavers for its drainage system and will not be connected to the existing City system. The drainage system for the alleyway will be connected at the south end to the trunk line on SE 3rd Street. Electrical design services will be provided for lighting layout of the parking lot including photometric calculations. Electrical engineering for design of electrical service and controls for the parking lot lighting as well as power distribution for lighting and irrigation controllers will also be provided. H. SCOPE OF SERVICES Phase I -- Studl and Report Phase Study and Report Phase Services are not included in this Service Authorization • Eight (8) 24" x 36" copies of the 60% Design Plans (Site Plans, Landscape Plans, Engineering Plans, Composite Overlay Plan and Survey). • One (1) 11" x 17" copy of the Preliminary Plans identified above. • One (1) color rendered site plan. Phase III — Final Design Phase Consultant shall provide preliminary design phase services in accordance with Article III C of the Agreement for Engineering Services with the City, dated February 22, 2012. 1. After Site Plan approval is obtained, Consultant shall prepare construction drawings for the streetscape design, alleyway and parking lot which shall include: • Cover Sheet • Topographic Survey • Paving, Grading and Drainage Plans and Details • Landscape Plans and Details • Irrigation Plans and Details • Site Lighting and Photometric Plans and Details 2. Plans shall be consistent with the current City of Delray Beach Minimum Construction Standards. Plans shall be prepared at 1" = 20' or larger. Two (2) plan sets will be submitted to the City at the 30 %, 60 %, 90% and 100% stages of the project. A review meeting will be held with the City to review comments from each of the aforementioned stages. 3. Consultant shall prepare at the 30, 60 %, 90% and 100% submittal stages a detailed opinion of probable construction cost based upon the design level of the drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of the design requirements incorporated during the various design review stages. 4. Consultant shall attend kick -off meeting and three (3) design meetings with the City and provide a written summary of the issues discussed. 5. Consultant shall provide internal QA/QC reviews on the 30%,60%,90%, and 100% Design Documents (.drawings, specifications, and cost estimates, as appropriate). 6. Consultant shall upon acceptance of the 100% plans provide 100% design drawings, one (1) myiar set and one (1) set of AutoCAD (version 2009 or lower) files in electronic format ( *.DWG and *.PDF) on CD. Specifications and Front -end documents shall be provided in electronic ( *.PDF and *.DOC) format. 7. Contract documents consisting of "front end" documents and technical specifications shall conform to City of Delray Beach Standards and FDOT Standard Specifications for road and bridge work. Specifications (four copies) shall be submitted for City review at 60 %, 90% and 100% stages. Phase IV — Bidding/Ne offing Phase Consultant shall provide preliminary design phase services in accordance with Article III D of the Agreement for Engineering Services with the City, dated February 22, 2012. 1. Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. Consultant shall provide five (5) sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. 2. Consultant shall conduct a mandatory pre -bid conference and provide a written summary of issues discussed. 3. Consultant shall issue addenda and shall provide supplemental information or clarifications, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. 4. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist city in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. 5. Consultant shall furnish all bid information to the City in electronic format to be used in conjunction with "Demand Star ". Phase V — Construction Administration Construction Phase Services are not included in this Service Authorization and shall be negotiated under an Amendment to this Authorization if requested by the City. Other — Permitting I. There is currently no South Florida Water Management District ( SFWMD) Environmental Resource Permit for the subject property. The improvements to SE 2°1 Street will not require a SFWMD Permit by Exemption. Similarly the improvements on SE 2na Avenue will not require a SFWNID permit by the same Exemption. The alleyway and the parking lot will not require a SFWMD Permit because they will qualify for a No- Notice General Permit in Uplands. After the plans are prepared a Notice of Intent to use the No- Notice General Permit will be sent to SFWMD. 2. Consultant shall provide three (3) signed and sealed sets of 100% (Final) Construction Drawings to the City for submittal to the City of Delray Beach Building Department, and three (3) signed and sealed sets of 100% (Final) Construction Drawings to the City Planning and Zoning Department for site plan certification. The CRA shall prepare and submit all applications. Consultant shall respond to inquiries issued by the City of Delray Beach Building Department and revise the drawings accordingly for the issuance of a building permit. Other — Surve0ne Consultant shall secure Topographic Survey of the proposed site, locating all above - ground improvements. The Topographic Survey will be provided electronically for engineering design purposes. Consultant shall also secure a Boundary Survey of the Parking Lot Site for use in SPRAB process for a Class III Site Plan. Boundary Surveys shall be prepared on 24" x 36" and I 1 "x 17" sheets in accordance with the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5J -17 of the F.A.C. pursuant to Section 472.027 of the Florida Statutes. Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. All existing facilities and utilities within the full right -of -way of the established construction limits will be referenced by baseline station with an offset distance (left or right) from baseline for the project and will include the following: 1. Topography survey at major ground elevation changes to depict existing ground profile at proposed project area. All topographical surveys shall have stationing established from south to north and west to east where applicable. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: a. Location of all visible fixed improvements within the right -of -way (including 10- feet back on each side of the right -of -way) of the project limits, including physical objects, roadway pavement, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point of curvature and point of tangency. This also includes the front two comers of the building on each lot or indication if the lot is vacant. b. Location of all known above and below ground existing utilities: FP &L, AT &T, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters), Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean- outs), Storm Sewers (pipe diameter, manhole inverts and direction, catch basins, and rim/grate elevations), and all other accessible structures. This will include coordination with Sunshine 811 and City of Delray Beach. c. Identify platted rights -of -way (including bearing and distances for centerline), lot numbers, house address, ownership lines, block numbers and dedicated easements. d. Elevations shall be indicated every 20 feet, at a minimum, to indicate centerline grades, edge of pavement grades and shoulder grades, low points and all right -of- way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Two grades (one at the right -of -way line and one 15 feet back) shall be indicated on the driveways to indicate direction of grade. e. The survey shall include topography of the complete intersection, 50 feet beyond radius returns, at the terminal end of each street and alley. f. Provide and reference benchmarks at maximum 600 -foot intervals. Elevations to be referenced to an existing established City or County Benchmark. g. Provide one permanent bench mark tied to State Plane Coordinates. 2. The above topographical survey data will be prepared in AutoCAD (Version 2013) Other -- Geotechnical Geotechnical Services will be provided to support the drainage and roadway design. Geotechnical services will be provided as follows: a. CGA's Subconsultant will visit the site to field mark (paint and/or stake) the planned boring locations and observe existing site conditions. b. CGA's Subconsultant will contact Sunshine One -Call to request field location of underground utilities in the areas of the borings as per Florida Statutes. c. CGA's Subconsultant will provide Maintenance of Traffic (MOT) for work along the roadway shoulders and closure of one traffic lane throughout the field drilling and testing operations. d. CGA's Subconsultant will mobilize coring equipment to the site and drill 2 cores through existing roadway pavement. The thickness of existing asphalt and base rock will be measured at each cored location. Following completion of the coring operations, the cored holes will be backfilled with asphalt cold patch. e. CGA's Subconsultant will mobilize personnel and drilling equipment to the site and drill thirteen (13) auger borings to depths of 6 feet below the existing ground surface at approximately 200 -foot intervals along SE 2 "1 Street and SE TO Avenue. The depth to groundwater in each boring will be measured. Following completion of the drilling operations, the boreholes will be backfilled with native soils. f. CGA's Subconsultant will then conduct two (2) open -hole exfiltration tests in general accordance with the South Florida Water Management District (SFWMD) procedures in 6- foot deep boreholes drilled along SE 2"' Street and SE 2"' Avenue. Following completion of the testing, the boreholes will be backfilled with native soils. g. One (1) Double Ring Infiltrometer (DRIT) test will be conducted and one (1) auger boring will be drilled to a depth of 6 feet below the existing ground surface in the planned pervious paver parking lot between SE 2 "d Avenue and SE 3 "d Avenue. h. CGA's Subconsultant will visually classify the collected soil samples using the American Association of State Highway and Transportation Officials (AASHTO) classification system. CGA's Subconsultant will prepare a geotechnical report which will include, but not necessarily be limited to: • Detailed graphical logs of the soil borings showing the groundwater level and soil classifications. • Presentation of the results of the field permeability tests. • Presentation of the asphalt and base rock thicknesses at the cored locations. • Discussion of the suitability of the encountered soils for support of roadway pavement. • Recommendations for pervious paver parking lot construction. Other — Field Verification N/A Other — Public Art N/A M. TIME OF PERFORMANCE • Phase I is not included in this Service Authorization. • Phase 11 shall be complete within 60 days of Notice to Proceed. • Phase III shall be complete within 180 days after approval of design alternative and artist selection exclusive of City review time. Permitting shall proceed during this phase. • Phase IV shall be complete within 45 days from directive from City to provide Bid Documents. • Phase V is not included in this Service Authorization. IV. COMPENSATION Engineering Services Estimated Fees Phase I — Study and Report Phase N/A Phase II — Preliminary Design Phase $31,197.89 Phase III — Final Design Phase $55,316.88 Phase IV — Bidding/Negotiating Phase $9,607.66 Phase V — Construction Administration NIA Other — Permitting $3,007.92 Other — Surveying $14,986.67 Other — Geotechnical $8,265.40 Other — Field Verification NIA Out -of- Pocket Expenses $1,000.00 Total Project Cost $123,382.42 Notes: Out -of- Pocket Expenses include the following: printing /reproduction/postage. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may commence work on any service authorization approved by the City to be included as part of the contract without any further notice to proceed. Approved by: CITY OF DELRAY BEACH: Date Mayor Attest: Approved as to Legal Sufficiency City Attorney CONSULTANT: Date By: (Seal) PWitness (Signature) ay i I l Witness (Printed) BEFORE ME, the foregoing instrument, this _ _ day of j�[�� 2013, was acknowledged , by GAWCA WM on behalf of the Corporation Wvw , awyAwAvt , and said person executed the same free and voluntarily for the purpose there -in expressed. Witness my hand and seal in the County and State aforesaid this - day of ,201. � �llflllfl,, ELIZABETH LINARES `s Notary Public - State of Florida Notary Public N,,jFa`r My Comm. Expires Sep 14.2013 �'.,, Commission DD 925145 State of Florida My IMCalvin, Giordano & Associates, Inc. 131 E% C E P i 1 D N A L S 0 L U 7 1 O N S 56U Vi]I�ge EnHI., 9,jar 340, WW P41m Uk h, Elurido 33409 itlnne: 541.4&1.4161 • Fax: i61.4&S.63GD Certificate of Authorization No. 514 F-A Ire CyIILAIN0l /eQKO706YgM rA010:10 Oil *1AOIIre] MR Ire] 01.191 1:10311 M IM EWA DATE 3/25/2013 Project Title JCGA PROJECT NO. City of Delray Beach SE 2nd Street Improvements 12 -5520 CSA Number CSA 2 Work Activity Employee Classification Hours Hourly Rate Total Phase I - Study and Report Phase - Not Included in This Project Project Manager (IV) 0 $ 137.23 $ - Project Engineer (III) 0 $ 119.38 $ - Senior CADD Tech Manager 0 $ 98.10 $ - Clerical 0 $ 69.47 $ - Task Subtotal 0 $ - Phase II - Preliminary Design Phase Project Manager (IV) 20 $ 137.23 $ 2,744.60 Project Engineer (III) 24 $ 119.38 $ 2,865.12 Jr. Engineer (1) 12 $ 77.27 $ 927.24 Senior CADD Tech Manager 80 $ 98.10 $ 7,848.00 Sr. Landscape Architect 6.77839 $ 141.83 $ 961.38 Landscape Architect 135 $ 109.70 $ 14,809.50 Landscape CADD Technician $ 69.93 $ - Clerical 1 15 $ 69.47 $ 1,042.05 Task Subtotall 292.779391 $ 31,197.89 Phase III - Final Design Phase Project Manager (IV) 43.75 $ 137.23 $ 6,003.81 Project Engineer (III) 120 $ 119.38 $ 14,325.60 Jr. Engineer (1) 36 $ 77.27 $ 2,781.72 Senior CADD Tech Manager 160 $ 98.10 $ 15,696.00 Sr. Landscape Architect $ 141.83 $ - Landscape Architect 141 $ 109.70 $ 15,467.70 Landscape CADD Technician $ 69.93 $ - Clerical 15 $ 69.47 1 $ 1,042.05 Task Subtotall 515.751 1 $ 55,316.88 Phase IV - Bidding /Negotiating Phase Project Manager (IV) 16 $ 137.23 $ 2,195.68 Project Engineer (III) 16 $ 119.38 $ 1,910.08 Senior CADD Tech Manager 8 $ 98.10 $ 784.80 Sr. Landscape Architect $ 141.83 $ - Landscape Architect 43 $ 109.70 $ 4,717.10 Landscape CADD Technician $ 69.93 $ - Clerical $ 69.47 $ - Task Subtotal 1 83 $ 9,607.66 Phase V - Construction Administration - Not Included in This Project Project Manager (IV) 0 $ 137.23 $ - Project Engineer (III) 0 $ 119.38 $ - Sr. Landscape Architect 0 $ 141.83 $ - Landscape Architect 0 $ 109.70 $ - Clerical 0 $ 69.47 $ - Task Subtotal 0 $ - Other - Permitting Project Manager (IV) 8 $ 137.23 $ 1,097.84 Project Engineer (III) 16 $ 119.38 $ 1,910.08 Sr. Landscape Architect $ 141.83 $ - Landscape Architect $ 109.70 $ - Task Subtotal 24 $ 3,007.92 Other - Surveying Senior Registered Surveyor 3 $ 149.25 1 $ 447.75 Survey Coordinator 15 $ 78.58 $ 1,178.70 CADD Technician 40 $ 74.52 $ 2,980.80 Survey Crew (3 party) 62 $ 167.41 $ 10,379.42 Task Subtotal 120 $ 14,986.67 Other - Geotechnical Soil Borings I 1 11 8,265.40 $ 8,265.40 Task Subtotal 1 1 $ 8,265.40 Other - Out of Pocket Expenses Printing/Reproduction /Postage I Task Subtotal I $ 1,000.00 CSA Labor Total $ 114,117.02 CSA Subconsultant Total $ 8,265.40 CSA Out of Pocket Total $ 11000.00 CSA Total $ 123,382.42 I��II ND RD w TH ::1 Q0 of DELRAY BEACH SE 2 ST - SWI NTON -SE 3 AV DATE:3 /26/13 w �CITY b ENVIRONMENTAL SERVICES DEPARTMENT 17 O ©Q 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLOPoDA 33444 Proj. # 13 -020 1 Of cn z z ST. o O C° ST. m = ST. O FH ST. w = Q Ln Qc W W �H S.E. r� C 8TH ST. of DELRAY BEACH SE 2 ST - SWI NTON -SE 3 AV DATE:3 /26/13 �CITY b ENVIRONMENTAL SERVICES DEPARTMENT 17 O ©Q 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLOPoDA 33444 Proj. # 13 -020 1 Of z z o O C° m = z o cn z Li ST. O FH ST. w = Q Ln Qc W W �H S.E. r� C 8TH ST. of DELRAY BEACH SE 2 ST - SWI NTON -SE 3 AV DATE:3 /26/13 �CITY b ENVIRONMENTAL SERVICES DEPARTMENT 17 O ©Q 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLOPoDA 33444 Proj. # 13 -020 1 Of MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD /CRA Victor Majtenyi, Interim Director of Environmental Services THROUGH: Douglas E. Smith, Interim City Manager DATE: March 22, 2013 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF APRIL 2, 2013 SERVICE AUTHORIZATION NO. 12-03 / KIMEEY -HORN AND ASSOCIATES ITEM BEFORE COMMISSION Request for Commission approval and authorization for the Mayor to execute service authorization #12- 03 with Kimley -Horn and Associates, Inc. for professional services for the BLK 117 Garage Study, Project #13 -001. The cost of this Service Authorization is $24,200. BACKGROUND The agenda item is to provide a study which considers maximizing parking in downtown area by exploring the use of parking garages. The parking garage analysis will be made for the City -owned parking lot property located within Block 117, Town of Delray, on the east side of SE 6th Avenue (northbound Federal Highway) just south of E. Atlantic Blvd. The site is an existing City parking lot that is in need of attention. The existing parking lot does not meet current code requirements; landscaping, lighting and striping. The City has tried to provide funding to bring the site up to current code, but other capital priorities have kept this project from being funded. There exists a need to provide additional parking on the east end of E Atlantic Ave. This is a heavily utilized lot and appears to be a good site for a parking garage. Since this is a city owned lot and there is some work that needs to be completed to bring the site up to current code, it makes sense to see how this site can be utilized as a parking structure before investing in the needed upgrades. The study will explore three (3) functional layouts for alternatives a) stand -alone parking garage, b) parking garage with retail on first floor, and one of the following cl) mechanical parking garage with mechanical stackers or c2) automated parking garage using rack and rail system or c3) automated parking garage using robotic valet. The consultant will provide a parking garage functional analysis for the City -owned lot for the three alternative designs. FUNDING SOURCE Funding is being provided by the CRA and is availabe as follows: 334 - 3151- 545.31 -90 RECOMMENDATION Staff recommends approval. CONSULTING SERVICE AUTHORIZATION DATE: CONSULTANT: Kimlev Horn and Associates. Inc. SERVICE AUTHORIZATION NO. 12 -03 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: BLK 117 Garage Study CITY PROJECT NO. This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "Agreement for General Consulting Engineering Services" Contract, dated February 22, 2012. I. PROJECT DESCRIPTION Kimley -Horn and Associates, Inc. ( "KHA ") is pleased to submit this service authorization request to the City of Delray Beach ( "Client ") for parking garage site analysis. Our project understanding, scope of services and fee follow. The City and CRA wish to consider maximizing parking in downtown area by exploring the use of parking garages. The parking garage analysis will be made for the City -owned parking lot property located within Block 117, Town of Delray, on the east side of SE 6th Avenue (northbound Federal Highway) i ust south of E. Atlantic Blvd. II. SCOPE OF SERVICES Phase I — Study and Report Phase Provide a parking garage functional analysis for the City -owned lot for the three alternative designs described in Task 2. Task 1 - Zoning Code Review Research, document and abide by local zoning for setbacks, height restrictions, green space, parking space sizes and drive aisles. City staff will provide direction on any setback variance considerations at an early stage of the evaluation process. Deliverable: Memorandum documenting applicable codes and requirements. Delray Parking Garage Task 2 - Functional Alternatives Provide three (3) functional layouts for alternatives a) stand -alone parking garage, b) parking garage with retail on first floor, and one of the following cI) mechanical parking garage with mechanical stackers or c2) automated parking garage using rack and rail system or c3) automated parking garage using robotic valet. Review options including entry /exit points, ramping systems and locations, two -way vs. one -way flow, queuing, stair /elevator tower placement. Prepare and submit floor plans (CAD or colored presentable sketch format) and isometric for each layout for City review. Renderings are not included in this scope. Perform minor revisions to layout to address one round of City review comments. Use City provided survey in CAD for the base drawing or general dimensions of parcel as provided by City. If boundary information is not provided by City, use approximate dimensions from County's GIS system as shown on the County's Property Appraiser's web site. Deliverable: Preliminary and revised floor plan and isometric layout for each alternative Task 3 - Order of Magnitude Cost Estimates Provide range of estimated costs (soft and hard) on a per space and per SF basis. Estimate level of architectural facade treatment and include ground level retail space, if necessary. Deliverable: One cost estimate Task 4 - Meetings Attendance and Preparation The scope includes up to 3 meetings with City (Kick -off, concept plan review, final concept plan review). Two KHA staff will attend each meeting including the senior design engineer. Deliverable: Meeting agendas and minutes and working sketches. Task 5 — Traffic Evaluation Review the proposed driveway access locations to the parking structure. It is our understanding that access is being proposed via SE 6th Avenue and via the north -south alley located to the east of the site. As part of this task, KHA will: • Calculate anticipated peak hour volumes entering /exiting the proposed parking garage, based on a number of parking spaces. • Perform a queuing analysis for the intersection of SE 6th Avenue and Atlantic Avenue to determine the northbound vehicular queue upon completion of the proposed lane reduction. • Review the proposed garage access locations with respect to the calculated back -of- queue. • Review the need, if any, for deceleration lanes along SE 6th Avenue. • Prepare for and coordinate or attend up to two (2) meetings with representatives from the Florida Department of Transportation at their office in Fort Lauderdale to discuss issues regarding potential access locations. KHA will not collect any field data as part of this task. A traffic evaluation report is not included in the scope of services. Delray Parking Garage 2 ADDITIONAL SERVICES Upon your authorization, KHA will provide any additional services that may be required beyond those described in the scope of services above. These services may include but are not limited to such items as the following: • Additional functional alternative analysis • Further plan development of selected alternatives • Additional meetings, exhibits, deliverables • Renderings SCHEDULE KHA will begin work upon receiving authorization from the City in accordance with a mutually agreed upon schedule. Below are anticipated activity duration Task 1 - Zoning Code Review 1 week Task 2 - Functional Alternatives 2 weeks Task 3 - Order of Magnitude Cost Estimates 1 week Task 4 - Meetings Attendance and Preparation Task 5 — Traffic Evaluation 1 week 111. BUDGET Fee and Expenses KHA will perform the Services in tasks 1 -4 for the total lump sum fee below. Fees will be invoiced monthly based on the actual amount of service performed and expenses incurred. Payment will be due within 25 days of your receipt of the invoice. Individual task amounts are informational only. Reimbursable Expenses billed under this contract could include: in -house duplicating, local mileage, facsimiles, postage, express delivery services, large- format color printing, construction drawing printing, specification printing, and other out -of house printing. Optional services will be billed on a lump sum basis after written authorization from City to start those services or a portion thereof. Additional services which may be identified as needed at a later time will be negotiated at that time. Phase I ( Lump Sum Fee) Task 1 - Zoning Code Review $1,200 Task 2 - Functional Alternatives $9,500 Task 3 - Order of Magnitude Cost Estimates $2,800 Task 4 - Meetings Attendance and Preparation $3,600 Task 5 — Traffic Evaluation $6,700 Expense Allowance $ 400 Total Contract $24,200 Delray Parking Garage 3 IV. COMPLETION DATE This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT shall commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: Date Mayor Witness (Signature) Witness (Printed) Attest: Approved as to Legal Sufficiency City Attorney KIMLEY -HORN AND ASSOCIATES, INC. Date (Seal) BEFORE ME, the foregoing instrument, this day of 2012, was acknowledged by on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there -in expressed. 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E. z BLK 117 GARAGE STUDY DATE:3 /26/13 �CITY b ENVIRONMENTAL SERVICES DEPARTMENT 17 O ©Q 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLOPoDA 33444 t Proj. # 13 -001 1 of 1 S. E. z LL o u S. E. > a 0 z D 0 m z D 0 m ST. ST. D z 0 m o' 0 z w ST. of DELRAY BEACH BLK 117 GARAGE STUDY DATE:3 /26/13 �CITY b ENVIRONMENTAL SERVICES DEPARTMENT 17 O ©Q 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLOPoDA 33444 t Proj. # 13 -001 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Environmental Services Director THROUGH: Douglas E. Smith, Interim City Manager DATE: February 15, 2013 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF APRIL 2, 2013 SERVICE AUTHORIZATION NO. 12 -06/ MATHEWS CONSULTING, INC. ITEM BEFORE COMMISSION Request City Commission approve Service Authorization #12 -06 to Mathews Consulting, Inc. in the amount of $69,747.00 for providing professional construction management services relating to the implementation of the Water Meter /Advanced Metering Infrastructure (AMI) System, P/N 2012 -013. BACKGROUND In May 2012, City Commission approved a Service Authorization to Mathews Consulting, Inc. in the amount of $25,910.00 for professional services in developing detailed bid documents and providing bidding services for implementing the water meter replacement program/AMI deployment. One bid package (Contract 1) was for the procurement, installation, and startup of the AMI infrastructure (system hardware, software, programming, and training), and new meters. This is now complete, awarded to Innovative Metering Solutions, Inc. on January 15, 2013. The second bid package (Contract 2) was for contract services for the installation of new meters. This package will be ready for advertisement by end of March 2013. The scope of services under this authorization is for providing construction management services for the initial implementation phase (year one). Services include, but are not be limited to providing coordination between the two contracts (system vendor Contract 1 and meter install Contract 2); reviewing shop drawings of system components for compliance to specifications; addressing Requests for Information/Clarifications from vendors; monitoring schedules and provide coordination to ensure successful system startup; review of application for payments; and perform inspections and tests of the backhaul communication systems to ensure performance of the AMI system. Total proposed costs for services under this Service Authorization are $69,747.00. FUNDING SOURCE Funding is available from account #442- 5178 -536- 64.46, Water & Sewer Fund /Automatic Meter Reading. RECOMMENDATION Staff recommends approval of Service Authorization #12 -06 to Mathews Consulting, Inc. in the amount of $69,747.00 for professional construction administration services related to the Water Meter /AMI System implementation, P/N 2012 -013. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 12 -06 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO. TITLE: Water Meter / AMI System Installation — Construction Management Services This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Agreement for General Consulting Engineering Services L PROJECT DESCRIPTION The City of Delray Beach contracted with Mathews Consulting, Inc. to develop a water meter strategic plan to provide guidance in the replacement of the existing water meters and in the installation of new meters with new meter reading technology. The strategic plan has been completed and is currently being implemented by the City. The City is currently moving forward with project implementation through bidding of the project in two (2) phases. Phase I (Contract I - Vendor) bid was completed, and the City awarded the supply of the meters and meter reading technology to Innovative Metering Solutions (IMS). Phase II (Contract 2 - Contractor) will be advertised for bid in March for the installation of the water meter and technology system. This consulting service authorization is for engineering services during construction of the project. MC will serve as the City's representative during material procurement and installation of the system during Year I of program implementation. II. SCOPE OF SERVICES Phase V — Construction Administration Phase CONSULTANT shall serve as the City's engineering representative during the course of the estimated 365 days (12 months) construction period. The general services during construction shall include the following tasks: 1. MC shall attend a preconstruction meetings (Contract I and Contract 2) and monthly construction progress meetings for the project. MC shall prepare and distribute meeting 1 agendas and meeting minutes. It is envisioned that construction progress meetings will be joint meetings with Contract 1 Vendor and Contract 2 Contractor. 2. MC shall review shop drawings, samples, certifications, O &M manuals and any other data which the Vendor is required to submit for review and approval during construction. Review will be for conformance with the design concept and compliance with the construction contract documents. MC shall maintain a shop drawing log indicating the dates of contractor submittals, rejections, and approvals. 3. MC shall provide interpretation of contract documents and specifications. MC shall consider the Vendor's /Contractor's suggestions and recommendations, evaluate them, and submit them with recommendations to the City for a final decision. MC shall answer RFI's providing clarification of the design. 4. MC shall monitor the construction schedules from the Vendor and Contractor, and report to the City conditions which may cause delay in completion. MC shall assist with coordination of the work items between each of the construction schedules. 5. MC shall provide coordination between Vendor (Contract 1) and Contractor (Contract 2) to ensure timely information is provided to each regarding material supply, installation, startup and testing requirements throughout the duration of the contract(s). MC shall maintain all construction records in an orderly manner, including correspondence, Contract Documents, Change Orders, Material Purchase Orders, Construction Change Authorizations, Supplemental Instructions, reports of site conferences, shop drawings, product data, samples, supplementary drawings, requests for payment, and names and addresses of Contractors, subcontractors and principal material suppliers. 6. MC shall review applications for payment submitted by the Vendor and the Contractor and forward them to the City with recommendations for disposition. 7. MC shall prepare RFPs, review contractor proposals, review contractor change orders, recommend proposals to the City for change order processing, and assist the City with negotiating price for change orders. 8. MC shall provide periodic specialty inspections to ensure the water meter system installation is progressing as required by the contract. It is assumed installation of the backhaul communication system (DCUs, towers, software and hardware) will occur over a 2 month time frame, and installation of Year 1 meters will occur over a 7 month time frame (after installation of the communication system). A total of 10 inspections (80 hours) is budgeted for this task. City Staff will provide additional inspections as required. 9. MC shall verify to the best of MC's knowledge that tests, equipment and system startup are conducted in the presence of appropriate personnel, and that the Contractor maintains adequate records thereof. Observe, verify accuracy, record, and report details of the test and /or procedures to the City. 10. MC shall perform Substantial Completion and Final Completion inspections for the installation of the backhaul communication system. Punchlists shall be developed for both Pa the Vendor and the Contractor, as required. For the purpose of this provision, Substantial Completion shall be deemed to be the stage in construction of the project where the project can be utilized for the purposes for which it was intended, and where minor items need not be fully completed, but all items that affect the operational integrity and function of the project are capable of continuous use. ASSUMPTIONS 1. The City will provide assistance to the installation contractor in locating difficult to find meters. ADDITIONAL SERVICES Consultant may provide additional engineering services that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during implementation of the scope of services. Services performed under this task will be on as- directed basis in accordance with a written Notice -to- Proceed from the City Manager. The Notice -to- Proceed issued shall contain the following information and requirements. • A detailed description of the work to be undertaken. • A budget establishing the amount of the fee to be paid in accordance with the Agreement. • A time established for completion of the work. III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice -to- proceed). Refer to Attachment A for the project schedule. Engineering Services Time per Task Construction Services 52 weeks VI. COMPENSATION Cumulative Time 52 weeks 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 B for the budget summary. Engineering Services Estimated Fees Construction Services $ 68,747.00 Out -of- Pocket Expenses $ 1,000.00 TOTAL PROJECT COST $ 69,747.00 Notes: MOut -of- Pocket Expenses include the following: printing /reproduction and postage. 3 This Service Authorization 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. Approve by: CITY OF DELRAY BEACH: Date: Thomas Carney, Mayor Attest: Approved as to Legal Sufficiency and Form 4 MATHEWS CONSULTING, INC. Date: Rene L. Mathews, P.E., President Witness STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2013 by Rene Mathews, 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 LqNt Z W = J Qtn L 0 U q N U a� le LL 0 N r_ O U N D O Z U 0 CL U) a M ' � 7 • N 7 • cc L CL L Ccc C i E v o CL O � — i o •L ++ � N i — O m L i � U) ' 1 O L a M � N 2 o= CL O t L O E E E O L o 2 m 3: c3 L a i o> L N L N N U) a L �% E E m d L �% E U) cn r O m v 7 s c3 i .M. 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C=, . 0) (D CA 0- w O 0) a) co a) E C) 0 0) Co 2 N S Q cu D LL cu 0 E O Cn E —0 c-) 0 06 -0 :3 a CO 0 0) 0 a) 76- y--: N Gi = 0 0 o 0 0 A? ch C-) 0) . 0 cu ch CL C) -a L) 2 C� — 06 Co cu a 0 ch o w 0 (n C-0 C� C-) = " a a) C� CL - (n 0 T- C) 0 C) 0 (n > cu V) tf 06 0 0 a a 0 a) — >N Co LL a� a — Co cu — Co — -0 0 — -0 m 4� 0 cu Z cu ch a) V) C-) C-) Co C� U) — r- = U) = U) a ch 3: a) o =! :0— " 3: a) .— cu C� Co Eu 0 a) — (1) C) C) 0 0 C.) 0 C.) 0 u E (1) a a 0 > a) y) -0 -0 -0 m -0 -0 m cu 0 0 0 0 a) CL >N cu cu M = = = 4) -i U) U) U). cu N M LO 0 1-- M M C) Ic MEMORANDUM TO: Mayor and City Commissioners FROM: Bruce Koeser, Human Resources Director THROUGH: Douglas E. Smith, Interim City Manager DATE: March 27, 2013 SUBJECT: AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF APRIL 2, 2013 AMENDMENT NO.1 TO THE AGREEMENT FOR SERVICES AT A WORKSITE MEDICAL FACILITY / CONCENTRA HEALTH SERVICES, INC. ITEM BEFORE COMMISSION The item before the Commission is to approve a revised Amendment No. 1 to the City's agreement with Concentra Health Services, to allow the Town of Highland Beach shared limited medical services with the City of Delray Beach's Wellness Center. The Wellness Center will only provide physicals for the Town of Highland Beach's full -time Police Officers. BACKGROUND The Town of Highland Beach requested that the City of Delray Beach provide limited medical services to their Police Officers. The regulated medical services would include physical examinations by a physician and other optional services. The Town of Highland Beach will pay the City for all use of the Center which will more than offset the City's cost of providing Highland Beach with this service and will give the City some additional revenue to help offset the cost of the Wellness Center. The previous Amendment #1 was approved by the Commission on February 19, 2013. However, that approved amendment was not fully executed as Concentra had some additional revisions. This item is before the Commission to approve the revised Amendment Number 1. REVIEW BY OTHERS The Agreement was reviewed by Assistant City Attorney, Janice Rustin FUNDING SOURCE The City of Delray Beach shall invoice the Town of Highland Beach for medical services rendered for its full -time Police Officers RECOMMENDATION Staff recommends that the City Commission approve a revised Amendment No. 1 to the Agreement for Services at a Worksite Medical Facility between the City of Delray Beach and Concentra Health Services, Inc. AMENDMENT NUMBER 1 TO THE AGREEMENT FOR SERVICES AT A WORKSITE MEDICAL FACILITY BETWEEN THE CITY OF DELRAY BEACH AND CONCENTRA HEALTH SERVICES, INC. THIS AMENDMENT NUMBER 1 to the Agreement for Services at a Worksite Medical Facility of December 18, 2012 between CONCENTRA HEALTH SERVICES INC. ( "Concentra ") and the CITY OF DELRAY BEACH, FLORIDA ( "Client) is entered into as of this day of '2013. WITNESSETH: WHEREAS, the Client and Concentra mutually covenant and agree to amend and modify the Agreement for Services entered into on December 18, 2012; and WHEREAS, the Client has opened an on -site health center, located at 525 NE 3rd Ave, Suite 104, Delray Beach (hereinafter referred to as the "Delray Center ") and provides occupational services, including pre - employment and annual physicals, and other related medical services through the third -party administrator, Concentra. WHEREAS, the Client desires to share limited services with the City of Highland Beach, Florida ( "Highland Beach ") pursuant to the Client's Agreement with Highland Beach entered into January 3, 2013 by allowing qualified full time police officer personnel from Highland Beach to receive services in accordance with the contractual arrangements between the Client and Concentra. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. Concentra shall provide to the City of Highland Beach police officers medical services, which shall include a complete physical examination by a physician and other optional services as provided on "Schedule II -1 (Highland Beach)" attached and incorporated by reference. 3. Prior to a scheduled appointment of any Highland Beach personnel at the Delray Center, the Client shall provide to Concentra the name, date of birth, and social security number of the personnel who have been approved to receive the services to be rendered by Concentra pursuant to this Amendment. The above information will be supplied to the Concentra Zone Worksite Director. 4. Concentra shall charge and invoice the Client for the services rendered under the monthly invoice pursuant to Section 2 of the Agreement for Services. Concentra and Client agree to a $30.00 surcharge for each Highland Beach personnel physical examination completed by a physician. 5. Any modifications to this Amendment are not valid or binding unless they are in writing and formally approved by both parties. 6. . All other terms and conditions of the Agreement for Services between the Concentra and the Client entered into December 18, 2012 shall remain in full force and effect and are incorporated herein. 2 ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA Mayor (Seal) CONCENTRA HEALTH SERVICES, INC. By:_ Name Deb Daily Title: Vice President of Operations: Approved as to Form: Worksites City Attorney ATTEST: Print Name: 3 Schedule II — 1 Compensation for Worksite Services Highland Beach Employment and Annual Physicals- Police Officers (requires two visits at least) Complete Physical Examination by Physician: $30.00 per physical Lab Services: • Urinalysis (UA with dip stick) • HEMGPD (CBC [Hemogram] with Platelet count & Differential) • CMP /Lipid Panel • PSA (Age 40 and above) • Micro UA (if needed) • AHCA Urine 10 Panel Drug Screening • Vital signs (Height, Weight, Temp, Waist, Blood Pressure and Pulse Oximetry) Snellen Vision Screening Audiometry — Sound Proof Booth Standard ECG Cardiovascular Fitness: Stress ECG: Annual Physicals Only Age: 39 and below Baseline only (Relax) Age: 40 and above (Relax and on treadmill) Chest X -Ray (2 view) Baseline and every five years Spirometry Cost = $500.00 without Stress Test and $600.00 with Stress Test Other Options: Hepatitis C Screening = $7.00 HIV Baseline (optional test to be completed after employment) = $9.00 Tobacco Free Testing = $28.00 Tetanus Diptheria Toxoid (Every 10 years) = $34.00 PPD (TB Testing) Pre - employment and Annual = $4.50 Hepatitis B Vaccination (3 doses) = $32.50 /dose Hepatitis B Titer (administered after last immunization — every 5 years or as CDC recommended) = $18.00 Influenza (Option) = $10.00 12 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: March 27, 2013 SUBJECT: AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF APRIL 2, 2013 GRANT PROPOSAL: PALM BEACH METROPOLITAN PLANNING ORGANIZATION ITEM BEFORE COMMISSION The item before the City Commission is authorization to submit a grant proposal to the Palm Beach Metropolitan Planning Organization (MPO) for improvements along NE 2nd Avenue /Seacrest Boulevard. BACKGROUND The Planning and Zoning Department is seeking funds from the Palm Beach MPO Transportation Enhancement Program Grant for the purpose of providing bicycle and pedestrian improvements along NE 2nd Avenue /Seacrest Boulevard from NE 8th Street /George Bush Boulevard north to Gulfstream Boulevard. The grant, which does not require matching funds and has a maximum award value of $750,000, would be available FY 2016 -2017. The eligible improvements include the following: • New sidewalks • Brick paver cross walks • Landscaping • Dedicated Bike Lanes • Cross walk signals • School zone signals In 2011, the City was awarded a similar grant which will provide these improvements along NE 2nd Avenue from NE 4th Street /Lake Idea Road to NE 8th Street /George Bush Boulevard, within the Del Ida Park Historic District. The subject request would extend those improvements north to the City limits. The grant criterion is focused on enhancing and /or creating the bicycle, pedestrian or transit transportation facilities within the project area. The costs associated with the improvements will be covered by the grant; however, the replacement or repair of existing sidewalks or other existing improvements is not covered by the grant. The estimated total project cost, which has not yet been finalized, will be limited to, but not exceed the maximum grant amount of $750,000. It has not yet been determined who will be responsible for the ongoing maintenance costs for the enhanced improvements. In the past, a Special Assessment of the benefitting neighborhood to cover on- going maintenance costs have been considered. This remains an option for the improvements as does the creation of a Neighborhood Improvement District (NID) for the purposes of covering any associated maintenance costs required by the improvements. This can be considered if and when the grant is awarded and accepted by the City. Any Special Assessment, NID, or any other funding of the project will be subject to City Commission approval, and would be finalized prior to commencing the project in 2016. The submittal deadline is Thursday, April 18, 2013. The proposal will be presented to and reviewed by the Palm Beach MPOs Bicycle /Greenways /Pedestrian Advisory Committee on Thursday, April 25, 2013. RECOMMENDATION By motion, authorize the submittal of a Transportation Alternatives Program grant to the Palm Beach MPO for the purpose of funding beautification improvements along NE 2nd Avenue /Seacrest Boulevard from NE 8th Street /George Bush Boulevard north to Gulfstream Boulevard. MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Rafael Ballestero, Deputy Director of Construction Victor Majtenyi, Interim Environmental Services Director THROUGH: Douglas E. Smith, Interim City Manager DATE: March 19, 2013 SUBJECT: AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF APRIL 2, 2013 CONTRACT CLOSEOUT (CO NO. 1 /FINAL)/ DAC AIR CONDITIONING CORP./POLICE RANGE VENTILATION P/N 12 -047 ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 1 /Final) in the net deduct amount of ($9,963.00) and a final payment amount of $22,332.10 to DAC Air Conditioning Corp. for completion of the Police Range Ventilation Project #12 -047. BACKGROUND On August 7, 2012 Commission approved a Contract Award to DAC Air Conditioning Corp. for ventilation improvements to the Police Department Shooting Range. The scope of work consisted of air conditioning of the range; to remove air -borne contaminates from the respiratory zone of the range occupants and multiple stages of pre - filtering utilizing HEPA filters to provide lead contamination control. In addition, the new system will keep contaminates created in the range from entering adjoining areas; and smoke generated by the firing of weapons will be negligible, thus allowing for proper vision of the targets. All of the improvements allow the agency to conduct more advanced training in- house. Change Order No. 1 includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A ". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #685058 to funding account 334 - 2111 -521 -64.90 (General Construction Fund/Police /Other Machinery /Equipment). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 1 /Final) in the net deduct amount of ($9,963.00) and a final payment amount of $22,332.10 to DAC Air Conditioning Corp. for completion of the Police Range Ventilation Project. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1/ Final (Contract Closeout) PROTECT NO. 12 -047 DATE: PROTECT TITLE: Police Range Ventilation TO CONTRACTOR: DAC Air Conditioning Corp. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule "A ". SUMMARY OF CONTRACT AMOUNT /CHANGES ORIGINAL CONTRACT AMOUNT $233,194.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $233,194.00 COST OF CONSTRUCTION CHANGES THIS ORDER ($9,963.00) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $223,231.00 PERCENT DECREASE THIS CHANGE ORDER -4.27% TOTAL PERCENT DECREASE TO DATE -4.27% 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. DAC Air Conditioning Corp. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: NIA DEPARTMENT RECOMMEND: k119910IN 0171 FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission Environmental Services City Attorney ii Mayor ATTEST: By: City Clerk S l EngAdminTrojects12012 \12- 047'OFFICIAL\COI Final DAC Air Conditioning Police Range Vent. GC 04010 docx SCffEDUI,E "A" TO CHANGE ORDER NO. 11 MAL (CONTRACT CLOSEOUT) DAC AIR CONDITIONING CORP. POLICE RANGE VENTILATION - PROJECT NUMBER 12 -047 ITEM NO DESCRIPTION UNIT CONTRACT AWARD CONTRACT TO DATE EST. QTY. UNIT PRICE TOTAL ACTUAL QTY. UNIT PRICE EXTENDED TOTAL PRICE QUANT ADd. +! - 1 Improvements to the Police Dept. Shooting Range complete per plans .& specifications - $218,184.00 la Construction Bond LS 1 $ 4,300.00 $ 4,300.00 1 $ 4,300.00 $ 4,300.00 $ lb Submittals LS 1 $ 2,700.00 $ 2,700.00 1 $ 2,700.00 $ 2,700.DO $ Ic Permits Cost/Processing LS 1 $ 1,200.00 $ 1,200.00 1 $ 1,200,00 $ 1,200.00 $ - ld Field Investigation of Existing Conditions LS 1 $ 2,750.00 $ 2,750.00 1 $ 2,750.00 $ 2,750.00 $ Ie Mobilization LS 1 $ 8,500.00 $ 8,500.00 1 $ 8,500.00 $ 8,500.00 $ If New E nipment AHU /CU -1 & FAN- I) LS 1 $ 75,000.00 $ 75,000.00 1 $ 75,000,60 $ 75,000.00 $ Ig New Equipment (AHU /CU -2 ) LS 1 $ 3,500.00 $ 3,500.00 1 $ 3,500.00 $ 3,500.00 $ lh Demolition LS 1 $ 13,500.00 $ 13,500.00 1 $ 13,500.00 $ 13,500.00 $ Ti Trenching and Backfilling LS 1 $ 7,000.00 $ 7,000.06 1 $ 7,000,DO $ 7,000.00 $ lj Electrical Work LS 1 $ 37,534.00 $ 37,534.00 1 $ 37,534.00 $ 37,534.00 $ lk InstallationAHU /CU -1 LS 1 $ 6,700.00 $ 6,700.00 1 $ 6,700.00 $ 6,700.00 $ II Installation FAN -I LS 1 $ 3,500.00 $ 3,500,00 1 $ 3,500 AO $ 3,500.00 $ lm InstallationAHU1CU -2 LS 1 $ 2,500.00 $ 2,500.00 1 $ 2,500.00 $ 2,50D.00 $ In New Duetwork AHU/CU-1 LS 1 $ 14,500.00 $ 14,500.00 1 $ 14,5D0.00 $ 14,500.00 $ 10 New Ductwo*AHU /CU -2 LS 1 $ 2,506.00 $ 2,500.00 1 $ 2,500.00 $ 2,500.00 $ 1p AC Controls LS 1 $ 22,000.00 $ 22,000.00 1 $ 22,000.00 $ 22,060,DO $ 1 q Roofing Work LS 1 $ 6,500.00 $ 6,500.00 1 $ 6,5D0.00 $ 6,500.00 $ Ir S= Up LS 1 $ 1,506.00 $ 1,500.00 1 $ 1,500.00 $ 1,500.00 $ Is Certified Test and Balance LS 1 $ 1,500.00 $ 1,500.00 1 $ 1,500.00 $ 1,500.00 $ It Final Inspection LS 1 $ 1,000.00 $ 1,000.00 1 $ 1,000.00 $ 1,000.00 $ 2 Undefined General Allowance - Cost associated with additional high voltage electrical components and wiring. Approved by Finance Director 02112113. LS 1 $ 15,000.00 $ 15,000.00 0.3358 $ 15,000.00 $ 5,037.00 $ (9,963.00) 3 indemnity LF 1 $ 10.00 $ 10.00 1 $ 10.00 $ 1D.DD $ TOTAL ORIGINAL CONTRACT AWARD $233,194.00 $223,231,00 $ (9,963.00) Original Contract Award $233,194.00 Previously Approved Changes $0.00 Total Award /Approved to Date $233,194.00 Final Contract to Date $223,231.00 CHANGE ORDER NO. 1 / FINAL $ (9,963.00) Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Douglas E. Smith, Interim City Manager DATE: March 27, 2013 SUBJECT: AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF APRIL 2, 2013 RESOLUTION NO. 22-13: LOCAL HOUSING ASSISTANCE PLAN (LHAP) ITEM BEFORE COMMISSION City Commission authorization and approval of the Local Housing Assistance Plan (LHAP) for Fiscal Years 2013 -2016 by adopting Resolution No. 22 -13, pursuant to Title 67 -37 of the Florida Administrative Code. BACKGROUND For the past eighteen (18) years the City has received funds under the State Housing Initiatives Partnership (SHIP) Program. SHIP funds are generated from a portion of documentary stamp taxes collected throughout the State and held in the State's Housing Trust Fund for the development and maintenance of affordable housing. The State requires a Local Housing Assistance Plan (LHAP) outlining how the City plans to administer the SHIP funds once they are received. On February 23, 1993, under Ordinance #2 -93, the City Commission established a Local Housing Assistance Program, created the Local Housing Trust Fund and created the Affordable Housing Advisory Committee to comply with various sections of Title 67 of the Administrative Code of Florida. Neighborhood Services Division staff has administered the program and under the approved plans have assisted Delray Beach residents with homeownership and housing rehabilitation opportunities. Attached is the Local Housing Assistance Plan for 2013 -2016. The following strategies are contained with the LHAP: 1) Purchase Assistance; 2) Owner - occupied Rehabilitation Assistance; 3) Land Acquisition; 4) Disaster Relief Assistance; 5) Sub - Recipient Housing Partnership Program (Community Land Trust); 6) Foreclosure Prevention; 7) Florida Homebuyer Opportunity Program; the plan also includes additional incentives that may be implemented during the next three years. The LHAP is based on the current year's annual allocation of $23,788 per year for the three -year period. RECOMMENDATION Staff recommends authorization and approval of the City's State Housing Initiatives Partnership (SHIP) Program, Local Housing Assistance Plan for Fiscal Years 2013/2014, 2014/2015 and 2015/2016. L 71 g� State Housing Initiatives Partnership (SHIP) LOCAL HOUSING ASSISTANCE PLAN (LHAP) FISCAL YEARS COVERED 2013/2014 2014/2015 2015/2016 Lula Butler, Director, Community Improvement Department City of Delray Beach Community Improvement Department Neighborhood Services Division 100 NW 1st Avenue Delray Beach, Florida 33444 (561) 243 -7280 May 2013 1 1- TABLE OF CONTENTS Program Description (Chapter 67- 37.005 F.A.C. and Section 420.9072, F.S.) 3- 7 II. LHAP Housing Strategies (Chapter 67- 37.005(5), F.A.C. 7-16 • Purchase Assistance • Owner- occupied Housing Rehabilitation • Land Acquisition • Disaster Relief • Sub - Recipient Housing Partnership Program • Foreclosure Assistance • Florida Homebuyer Opportunity Program III. LHAP INCENTIVE STRATEGIES (Section 420.9071(16), F.S.) 17-20 • Expedited Permitting • Ongoing Review Process • Impact Fees Requirements • Waiver of Building Permit Fees • Allowance of Increased Density Levels • Reservation of Infrastructure Capacity • Reduction of Parking and Set Back Requirements • Preparation of Printed Inventory • Reduction of Landscape Requirements IV. EXHIBITS 21 • Administrative Budget • Timeline • Housing Delivery Goals Charts (HDGC) • Certification to Florida Housing Finance Corporation • Resolutions • Program Information Sheet -2- PROGRAM DESCRIPTION Chapter 67- 37.005 F.A.C. and Section 420.9072, F.S. A. Name of the participating local government and Interlocal if Applicable: Section 420.9072(5), F.S. City of Delray Beach Interlocal: Yes No X Name of participating local government(s) in the Interlocal Agreement; B. Purpose of the program: Section 420.9072, F.S. and Chapter 67- 37.005(3), F.A.C. Creation of the Plan is for the purpose of meeting the housing needs of the very - low, low -, and moderate - income households, to expand production of and preserve affordable housing, to further the housing element of the City of Delray Beach's comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: Chapter 67- 37.002,F.A.C. X 2013/2014 X 2014/2015 X 2015/2016 D. Governance: Chapter 67- 37.005(3) and (5)(i)F.A.C. and Section 420.9071(14)F.S. The SHIP Program is established in accordance with Section 420.907 -9079, Florida Statutes and Chapter 67- 37.007 Florida Administrative Code. The SHIP Program furthers the housing element objective of providing increased housing opportunities for low - income persons. Cities and Counties at all times must be in compliance with these applicable statutes and rules. E. Local Housing Partnership Section 420.9072(1)(a), F.S. SHIP Program encourages building active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low- income persons and community groups. The City of Delray Beach's Community Improvement Department has formed a partnership with the Delray Beach Community Redevelopment Agency, the Delray Beach Housing Authority, the Delray Beach Community Land Trust, the Delray Beach Community Development Corporation, the Consumer Credit Management Services, Inc., and local contractors. This partnership was developed to implement a comprehensive home - building and community revitalization program. Resources from each participant are leveraged to minimize the duplication of services, streamline the approval process and to reduce the cost of housing to very -low, low -, and moderate - income homebuyers. F. Leveraging: Chapter 67- 37.007(1)(b)(c), F.A.C. and Section 420.9075(1)(a) and (1)(b3, and (1)(c), F.S. The Plan is intended to increase the availability of affordable residential units by combining -3- local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants or programs. The use of SHIP funds along with CDBG funds, General Revenue contributions awarded by the City, leverages with private sector financing and technical support provide the basis for increasing the supply of affordable housing for Delray Beach residents. Emphasis remains on combining neighborhood improvements with the provision of homeownership opportunities for the very —low and low income households. G. Public Input: Chapter 67-37.005(3), F.A.C. Public input was solicited through Affordable Housing Advisory Committee Meeting whereby the public is invited to attend and provide comments on allocation of program funds and implementation of program strategies and incentives. H. Advertising and Outreach Chapter 67- 37.005(6)(a), F.A.C. The City advertises the notice of funding availability in a local newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the application period. If no funding is available due to a waiting list, no notice of funding availability is required. In addition to advertising in the newspaper, the City publicizes the SHIP program on the City's web site and through other organized methods that may be available. Discrimination: Section 420.9075(3)(c), F.S. In accordance with the provisions of ss.760.20- 760.37, it is unlawful to discriminate on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the award application process for eligible housing. In implementing its SHIP program, the City of Delray Beach is mindful of affirmatively furthering fair housing. The City utilizes CDBG funds to further fair housing outreach and education activities, as called for in the Consolidated Plan. All SHIP applicants are required to attend home buyer education seminars that include a segment on fair housing. J. Support Services and Counseling: Chapter67- 37.005(5)(g),F.A.C. Support services are available from various sources. The City works with the Delray Beach Community Development Corporation, Delray Beach Community Land Trust, and Consumer Credit Management Services, Inc. to provide homeownership counseling. All prospective homebuyers receive education about credit, predatory lending, fair housing, pre - purchase home inspections, and post - purchase education on topics such as budgeting, home maintenance, energy conservation. K. Purchase Price Limits: Section 420.9075(4)(c), F.S. and Chapter 67- 37.007(6)F.A.C. Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that -4- calculated for any 12 -month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower than but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or as described above. The methodology used by the City of Delray Beach is: Bond Study Numbers provided by Florida Housing Finance Corporation Independent Study (copy attached) X U.S. Treasury Department The purchase price limit for new construction and existing homes will be $280,000. This amount is less than the $386,202.60 maximum for new home construction and existing home purchases allowed by the U. S. Treasury Department (Revenue Proclamation 2011 -23) because they are based on the amount that a household can actually afford using SHIP subsidy. The purchase price limit will be revised as needed in response to changes in the local real estate market, mortgage interest rates, etc. Any such revisions will be subject to City Commission and State approval. L. Income Limits, Rent Limits, Affordability and Essential Service Personnel: Chapter 67- 37.005(5)(e), F.A.C..and Section 420.9071(2); F.S. The Income and Rent Limits used in the SHIP Program are updated annually from the Department of Housing and Urban Development and distributed by Florida Housing Finance Corporation. Affordable means that monthly rents or mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071 (19), (20) and (28), F.S. However it is not the intent to limit an individual household's ability to devote more than 30% of its income for housing, and housing for which a household devotes more than 30% of its income shall be deemed affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. The City of Delray Beach has established a maximum limit of 40% of gross monthly income on the housing expenses of SHIP assisted buyers. M. Welfare Transition Program Chapter 67- 37.005(6)(b)(7)F.A.C. Should an eligible sponsor be used, the City has developed a qualification system and selection criteria for applications for awards to eligible sponsors, which includes a description that demonstrates how eligible sponsors that employ personnel from the Welfare Transition programs will be given preference in the selection process. The City works in partnership with the local Chamber of Commerce to ensure that these requirements are met. N. Monitoring and First Right of Refusal: Section 420.9075(3)(e)and (4) (01 F.S. In the case of rental housing, the staff or entity that has administrative authority for implementing the local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides -5- the same monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan or grant in the original amount of $3,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored at least annually for 15 years or the term of assistance whichever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. 0. Administrative Budget: Chapter 67- 37.005(6)(f)3, F.A.C.. A detailed listing including line -item budget of proposed Administrative Expenditures is attached as Exhibit A. These are presented on an annual basis for each State fiscal year submitted. The City of Delray Beach finds that the monies deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. The cost of administering the plan may not exceed 5% of the local housing distribution monies and program income deposited into the trust fund except: A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5% of the local housing distribution plus 5% of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10% of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs. The City of Delray Beach has adopted the above findings in the attached resolution, Exhibit E. The Neighborhood Services Division of the Community Improvement Department shall be responsible for administration of the Local Housing Assistance Plan (LHAP). Administrative functions include program design, applicant processing and selection, preparing necessary paperwork to issue payments for program activities, tracking expenditures to ensure that statutory set - asides will be met, maintaining necessary records, preparing required reports, and all other duties pertaining to implementation of the LHAP. P. Program Administration: Administration of the local housing assistance plan is the responsibility of the applicable City of Delray Beach Q. Essential Services Personnel: "Essential Services Personnel" means persons whose household incomes do not exceed 120% of AMI, as determined annually by the Florida Housing Finance Corporation and -6- adjusted for family size, and shall include teachers and educators; other school district, community college, and university employees; police and fire personnel; health care personnel; skilled building trades personnel; Federal, State, County, and local government personnel; and may also include utility system (water /sewer, electrical, communication, etc.) personnel; information technology industry personnel; child care personnel; personal service providers; retail workers; wholesale /warehouse personnel; tourism industry personnel; biotechnology industry personnel; non - profit personnel; food service personnel; landscaping industry personnel; cosmetology service providers; facility maintenance personnel; automotive service personnel; marine services personnel; and personnel in other industries deemed essential by City of Delray Beach government based on the local economy. The City of Delray Beach will review and possibly revise this definition of essential service workers on an as needed basis to conform to local economic and industry trends. R. Energy Efficiency Section 420.9075(3)(d) Energy Efficiency and Green Housing - related repairs shall be encouraged. The local utility provider may perform a free Energy Audit. Every effort will be made to leverage SHIP funding with Utility Rebates for insulation, appliances replacement and more. Repairs shall also be guided by the minimum building code which is the 2007 Florida Building Code Residential. All General Contractors utilizing funding are required to be Leadership in Energy and Environmental Design (LEED) Certified. LEED certification is the nationally accepted benchmark for the design, construction and operation of high performance green buildings. LEED gives building owners and operators the tools they need to have an immediate and measurable impact on their buildings' performance. LEED promotes a whole - building approach to sustainability by recognizing performance in five key areas of human and environmental health: sustainable site development, water savings, energy efficiency, materials selection and indoor environmental quality. II. LHAP HOUSING STRATEGIES: Chapter 67-37.005(5),F.A.C. A. Name of the Strategy: Purchase Assistance Summary of the Strategy: This strategy assists eligible first -time homebuyers within 0 -120% of the Area Median Income (AMI) with a 0% interest, deferred payment loan to be applied towards down - payment, rehabilitation costs (if applicable), closing costs and principal reductions for the construction of new and/or purchase of existing single family homes, townhouses and villas. New construction properties must be constructed by approved contractors /developers. 2. Fiscal Years Covered: State fiscal years 2013/2014, 2014/2015 and 2015/2016. -7- 3. Income Categories to be served: Very -low, low -, and moderate - income limits used are those as defined by U.S. Department of Housing and Urban Development (HUD) and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. 4. Maximum award is noted on the Housing Delivery Goals Charts: The maximum award is limited to $75,000; however, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to enable the buyer to purchase the property at a monthly payment affordable to him or her. Total subsidy may not exceed mortgage loan amount. 5. Terms, Recapture and Default: Assistance will be provided to eligible households in the form of a fifteen (15) year, 0% interest, forgivable deferred loan for amounts less than $35,000. For amounts equal to or greater than $35,000, assistance will be provided in the form of a thirty (30) year, 0% interest, forgivable deferred loan. All loan awards will be secured with a second mortgage /promissory note and will be forgiven specific to the duration of the note. Repayment of the full loan award will be immediately due to the City in the event any "qualifying event(s)" occur prior to expiration of the note. Qualifying event(s) are considered to be: • sale of unit or transfer of title; • the assisted homeowner fails to continuously occupy the home; • the unit is rented; • unit is refinanced without prior authorization of the City. Such repaid funds will be utilized in accordance with the approved Local Housing Assistance Plan in effect at the time the funds are recaptured. If no "qualifying event(s)" occur prior to the expiration of the note, the loan is totally forgiven. In the event the homeowner wishes to refinance his or her first mortgage or take out an equity loan to make repairs or improvements, the City has created an administrative policy pertaining to subordination requests. The subordination policy, attached as Exhibit "I ", is located in the Neighborhood Services Division and is available for public access. 6. Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the following selection criteria: • Applicants will be selected on a first come, first qualified basis • Must be first -time homebuyer(s), which is defined as one of the following: • someone who has not owned a home during the past three years; • a single parent who has been divorced and displaced within the 12 month period prior to time of application, and whose household includes children under the age of 18; • a displaced victim of domestic abuse; • a person displaced as a result of a government action (other than eviction from public housing; and those who have special needs according to Chapter 67- 37.002(13); • Must have a bank account; -8- • Applicants must contribute a minimum of 2% of the purchase price toward the transaction (out -of- pocket expenses are included in this calculation); • Applicant must have applied for a first mortgage with a lender, • The applicant must have attended and completed an approved homebuyer education course (i.e., at least four hours in length and conducted in a classroom setting) approved by the Neighborhood Services Division; • May not currently own or have assets exceeding $25,000 (monetary gifts and real estate are included in the asset calculation; retirement accounts are not); • SHIP funds are reserved in the individual's name for a six -month period, provided that available SHIP funds remain. 7. Sponsor Selection Criteria: Eligible sponsors must meet the following selection criteria: • designated 501(c)(3) non - profit organization under IRS guidelines; • legally operating within the jurisdiction of the City of Delray Beach and/or Palm Beach County; • has demonstrated track record and production experience in the construction and delivery of affordable housing; • possess a partnership agreement with the City of Delray Beach to participate and further its goals in the delivery of affordable housing to the City's very -low, low- and moderate - income households; • preference will be given to sponsors that employ personnel from Welfare Transition Program. 8. Additional Information: New units constructed must be located in the CDBG designated target area. Existing homes must be located within the City's municipal boundaries. Applicants owing money to other assisted housing programs (such as Section 8 and public housing) are ineligible for SHIP assistance until they make restitution. B. Name of the Strategy: Owner - Occupied Housing Rehabilitation Summary of the Strategy: This strategy provides 0% interest, deferred payment loans to assist very -low, low- and moderate - income households (below 120% of Area Median Income adjusted for family size) to rehabilitate existing owner - occupied single family units up to 2 unit duplexes. Rehabilitation of units will address interior and exterior building /electrical /plumbing problems, health and safety issues, as well as, retrofit of items for those with special needs, upgrade major systems, and soft costs. It is assumed that no private lender monies will be involved in these rehabilitation activities. 2. Fiscal Years Covered: State fiscal years 2013/2014, 2014/2015 and 2015/2016. 3. Income Categories to be served: Very -low, low- and moderate - income limits used are those as defined by U.S. Department of Housing and Urban Development (HUD) and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. -9- 4. Maximum award is noted on the Housing Delivery Goals Charts: The maximum award for this strategy is $37,000. However, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to make the necessary repairs and bring the house up to the City's minimum code requirements. 5. Terms, Recapture and Default: Assistance greater than $5,000 but less than $20,000 will be provided to eligible households in the form of a 0% interest, deferred payment loan secured by a promissory note forgivable over ten (10) years. Loan awards equal to or greater than $20,000 will be provided in the form of a 0% interest, deferred payment loan secured by a promissory note forgivable over fifteen (15) years. Assistance under $5,000 will be awarded as a grant and will not be subject under the program's recapture provisions. Repayment of the full loan award will be immediately due to the City in the event any "qualifying event(s)" occur prior to expiration of the note. Qualifying event(s) are considered to be: • sale of unit or transfer of title (except for major healthcare expenses or by inheritance); • the assisted homeowner fails to continuously occupy the home; • the unit is rented; • the unit is refinanced without prior authorization of the City. Such repaid funds will be utilized in accordance with the approved Local Housing Assistance Plan in effect at the time the funds are recaptured. If no "qualifying event(s)" occur prior to the expiration of the note, the loan is totally forgiven. In the event the homeowner wishes to refinance his or her first mortgage or take out an equity loan to make repairs or improvements, the City has created an administrative policy pertaining to subordination requests. 6. Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the following selection criteria: • Applicants will be selected on a first come, first qualified basis; • Applicant may not currently own or have assets exceeding $15,000 (monetary gifts and real estate are included in the asset calculation; retirement accounts are not); • Must be owner /occupant; • Mortgage payments and taxes must be current/paid up to date; • Must provide proof of current homeowners insurance. 7. Sponsor Selection Criteria: N /A. No sponsors are utilized for the Owner - Occupied Rehabilitation program. 8. Additional Information: The home must be located in the City's municipal boundaries; the appraised value of the home may not exceed the maximum sales price allowed in the -10- SHIP program for existing units; and the homeowner must agree to maintain the home free of any code violations after rehabilitation work is completed. The property will be monitored annually by Housing Inspector for adherence of this responsibility. In the case of default, income eligible heirs residing in the property can assume the second mortgage. 9. ENERGY EFFICIENCY and Green Housing - related repairs shall be encouraged. The local utility provider may perform a free Energy Audit. Every effort will be made to leverage SHIP funding with Utility Rebates for insulation, appliances replacement and more. Repairs shall also be guided by the minimum building code which is the 2007 Florida Building Code Residential. These repairs shall include but not be limited to the following: ❑ Window repair, replacement and weather stripping ❑ Paints and primers that meet the Green Seal G -11 Environmental Standard ❑ Commodes or water closet with 1.3 gallons per flush capacity. ❑ Building envelop sealing specifications ❑ Installation of Energy Star Ceiling Fans ❑ Integrated Pest Control Management that does not use insecticides. ❑ Proper ventilation when undertaking substantial rehabilitation ❑ Installation of Energy Star efficient lighting, including fixtures ❑ Installation of efficient equipment for heating, cooling and water heating. ❑ Efficient air distribution, where ducts are installed with minimum air leaks and are effectively insulated. All General Contractors utilizing funding are required to be Leadership in Energy and Environmental Design (LEED) Certified. LEED certification is the nationally accepted benchmark for the design, construction and operation of high performance green buildings. LEED gives building owners and operators the tools they need to have an immediate and measurable impact on their buildings' performance. LEED promotes a whole - building approach to sustainability by recognizing performance in five key areas of human and environmental health: sustainable site development, water savings, energy efficiency, materials selection and indoor environmental quality. C. Name of the Strategy: Land Acquisition Summary of the Strategy: This strategy will provide funds to acquire properties for future development by non - profit, public agencies or for profit developers. Properties will be acquired through deed and tax sales, the foreclosure of government liens and through private purchases. 2. Fiscal Years Covered: State fiscal years 2013/2014, 2014/2015 and 2015/2016. 3. Income Categories to be served: Very -low, low -, and moderate - income limits used are those as defined by U.S. Department of Housing and Urban Development (HUD) and - 11 - distributed by the Florida Housing Finance Corporation for use in the SHIP Program. 4. Maximum award is noted on the Housing Delivery Goals Charts: The maximum purchase price for a "buildable lot of record" as defined in the City's Land Development Regulations will be $40,000. The maximum purchase price for aggregate lots or large tracts of lands shall be determined by the appraised value at time of purchase. 5. Terms, Recapture and Default: The loan for the value of the land will be at 0% interest. The loan will be recaptured when the property is sold. 6. Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the same selection criteria for recipients under Strategy A: Purchase Assistance. 7. Sponsor Selection Criteria: Eligible sponsors must meet the following selection criteria: Properties will be donated and/or sold, competitively to non - profit agencies that will use the property for the development of affordable housing. Properties sold competitively to for profit developers must be utilized for the development of affordable housing. Construction, rehabilitation, or emergency repairs must be completed either with one year immediately preceding the date of conveyance of title or within 24 months of the close of the applicable State fiscal year. Program regulations do not support land banking. Eligible housing occupied by an eligible applicant must be completed within the program expenditure timeline. • designated 501(c)(3) non - profit organization under IRS guidelines; • legally operating within the jurisdiction of the City of Delray Beach and/or Palm Beach County; • has demonstrated track record and production experience in the construction and delivery of affordable housing; • preference will be given to sponsors that employ personnel from Welfare Transition Program. If property is sold to a for - profit developer, applications will be accepted and awarded competitively using criteria including, but not limited to The following: • Financial strength of the agency; • Ability of developer to complete the development by the deadlines established by the State; • Capacity of the developer; • Features of the proposed house(s); • Marketing plan for the sale of the house(s); -12- Whether or not the agency employs personnel from the Welfare Transition Program; Whether the proposed housing is compatible with the neighborhood in terms of design and size; Affordability of house(s) being built. D. Name of the Strategy: Disaster Relief Summary of the Strategy: In the event of a natural disaster (as declared by Executive Order), SHIP funds will be used to leverage available federal and state funds to provide assistance to income eligible households for the purpose of repairing eligible housing. Generally, such needs may include: purchase of emergency supplies for eligible households to weatherproof damaged homes, interim repairs to avoid further damage, tree and debris removal required to make individual housing units habitable, and post disaster assistance with non - insured repairs. 2. Fiscal Years Covered: State fiscal years 2013/2014, 2014/2015 and 2015/2016. 3. Income Categories to be served: Very -low, low- and moderate - income limits used are those as defined by U.S. Department of Housing and Urban Development (HUD) and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. 4. Maximum award as noted on the Housing Delivery Goals Charts: The maximum award for this strategy is $15,000 per unit. 5. Terms, Recapture and Default: Assistance will be provided in the form of a grant, so individual households will not be required to repay funds used for disaster assistance. In the event that the City receives reimbursement from federal or state sources, such repair funds will be utilized in accordance with the approved Local Housing Assistance Plan in effect at the time the funds are disbursed. 6. Recipient Selection Criteria: In addition to being income eligible as described above, applicants will be served on a first -come, first - qualified basis, pending fund availability. Residence must be located within the municipal boundaries of Delray Beach. 7. Sponsor Selection Criteria: N /A. 8. Additional Information: This strategy will be implemented only in the event of a natural disaster declaration using any SHIP funds that have not been encumbered. -13- E. Name of Strategy: Sub - Recipient Housing Partnership Program. This strategy shall not be used in conjunction with any other assistance program offered by the City of Delray Beach. 1. Summary of the Strategy: This strategy allocates 0 % interest, deferred payment loans to a Community Land Trust/non- profit sub - recipient to be applied towards the principal reduction of construction of affordable single family units within the Community Land Trust. 2. Fiscal Years Covered: State fiscal years 2013/2014, 2014/2015 and 2015/2016. 3. Income Categories to be served: Very -low, low- and moderate - income limits used are those as defined by U.S. Department of Housing and Urban Development (HUD) and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. 4. Maximum award is noted on the Housing Delivery Goals Charts: The maximum award is limited to $75,000 however, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to enable the buyer to purchase the property at a monthly payment affordable to him or her. City subsidy may not exceed mortgage loan amount. 5. Terms, Recapture and Default: Assistance will be provided to each eligible Community Land Trust property on a one time basis. Subsidy awards will be evaluated individually on a case -by -case basis in accordance with SHIP income guidelines and will require final approval by the City's Community Improvement Director. The subsidy will be required to be excluded from the applicant's original purchase price in the re -sale formula and is to appear as a construction cost buy -down to maintain the unit's affordability in perpetuity. Assistance will be provided to eligible sub - recipient partner in the form of a fifteen (15) year, 0% interest, forgivable deferred loan for amounts greater than $5,000 but less than $35,000. For amounts equal to or greater than $35,000, assistance will be provided in the form of a thirty (30) year, 0% interest, forgivable deferred payment loan. All loan awards are secured with an all- inclusive agreement between the City and Community Land Trust. Repayment of the full loan award will be immediately due to the City in the event any "qualifying event(s)" occur prior to expiration of the note. Qualifying Events shall be: a. The Community Land Trust sells or transfers ownership of the property in a manner such that the property is no longer held in trust for affordable housing purposes; b. The Community Land Trust dissolves and/or ceases to exist as a 501(c)(3) not -for- profit corporation; c. The unit is rented by homeowner without prior authorization from the City; d. The unit is refinanced without prior authorization from the City; e. The occupant fails to follow guidelines of the Community Land Trust. Such repaid funds will be utilized in accordance with the approved Local Housing Assistance Plan in effect at the time the funds are repaid. If no "qualifying event(s)" occur -14- prior to the expiration of the agreement, the loan shall be totally forgiven. 6. Sponsor Selection Criteria: Eligible sponsors will be selected via the City's Request for Proposal (RFP) process and must meet the following selection criteria: a. Designated 501(c)(3) non - profit organization under IRS guidelines; b. Legally operating Community Land Trust within the jurisdiction of the City of Delray Beach; c. Has demonstrated track record and production experience in the construction and delivery of affordable housing; d. Possess a partnership agreement with the City of Delray Beach to participate and further its goals in the delivery of affordable housing to the City's very-low, low- and moderate - income households. 7. Recipients Selection Criteria: In addition to serving an income eligible applicant as described in the Purchase Assistant Strategy, applicants must meet the following selection criteria: a. Applicants will be selected on a first come, first qualified basis b. Must be first -time homebuyer(s), which is defined as one of the following: • someone who has not owned a home during the past three years; • a single parent who has been divorced and displaced within the 12 month period prior to time of application, and whose household includes children under the age of 18; • a displaced victim of domestic abuse within the 12 month period prior to time of application, and whose household includes children under the age of 18; • a person displaced as a result of a government action (other than eviction from public housing; and those who have special needs according to Chapter 67- 37.002(13). c. Must have a bank account d. Applicants must contribute a minimum of 2% of the purchase price toward the transaction (out -of- pocket expenses are included in this calculation). e. Applicant must have an accepted contract for a home and have applied for a first mortgage with a lender. f. The applicant must have attended and completed an approved homebuyer education course (i.e., at least four hours in length and conducted in a classroom setting) approved by the Neighborhood Services Division. g. SHIP funds are reserved in the individual's name for a six -month period, provided that available SHIP funds remain. -15- F. Name of Strategy: Foreclosure Assistance: Summary of the Strategy: This strategy allocates payment assistance in the form of a deferred payment loan to any homeowner within 0 -120% of the Area Median Income (AMI) whose home is in the process of foreclosure due to extenuating circumstances as listed below in the Terms, Recapture and Default section. 2. Fiscal Years Covered: State fiscal years 2013/2014, 2014/2015 and 2015/2016. 3. Income Categories to be Served: Very -low, low- and moderate - income limits used are those as defined by U.S. Department of Housing and Urban Development (HUD) and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. 4. Maximum award is noted on the Housing Delivery Goals Charts: The maximum award is limited to $10,000 inclusive of all attorney fees /court costs; however, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to enable the buyer to continue to retain ownership and regularly make his/her monthly payments. 5. Terms, Recapture and Default: a. Assessed value of home must be equal or less than SHIP purchase price limit. b. Completion of post - counseling through approved counseling agency. c. Foreclosure applicants must show that the nonpayment of their mortgage is not through their own doing. Eligible reasons are: (1) Loss of employment; (2) Sudden medical expenses; (3) Divorce or separation; (4) Death in the family; (5) Unforeseen home repair bills. Applicants must also show that they will be able to keep the house out of default, genuinely want to keep the house, and must show they can make monthly mortgage payments. Additionally, eligibility for foreclosure assistance shall be done in an expedited manner and may include alternative forms of documentation, such as current pay stubs and benefit letters, as well as oral verification of employment wages, other income, and assets. d. Recapture: Loan awards up to $10,000 will be provided in the form of a 0% interest, deferred payment loan secured by a lien agreement forgivable after five (5) years. Repayment of the full loan award will be immediately due to the City in the event any "qualifying event(s)" occur prior to expiration of the note. Qualifying event(s) are considered to be: -16- • sale of unit or transfer of title (except for major healthcare expenses or by inheritance); • the assisted homeowner fails to continuously occupy the home; • the unit is leased /rented without prior authorization of the City; • unit is refinanced without prior authorization of the City; • failure to follow the guidelines of the LHAP. Such repaid funds will be utilized in accordance with the approved Local Housing Assistance Plan in effect at the time the funds are recaptured. If no "qualifying event(s)" occur prior to the expiration of the note, the loan is totally forgiven. In the event the homeowner wishes to refinance his or her first mortgage or take out an equity loan to make repairs or improvements, the City has created an administrative policy pertaining to subordination requests. e. Leveraging — Leveraging may be used with this strategy; priority will be given to persons previously assisted with SHIP funds for eligible default reasons. III. LHAP INCENTIVE STRATEGIES Section 420.9071(16), F.S. A. Name of the Strategy: Expedited Permitting Permits as defined in s. 163.3164(7) and (8) for affordable housing projects are expedited to a greater degree than other projects. Established policy and procedures: The City has in place a "One Stop Shop" permitting process for a coordinated review and approval of all developmental applications submitted through the Building Division. The system features a fully automated application tracking software package that provides the opportunity to readily identify delays in review time from various departments within within the permit process. Applications submitted for affordable housing projects will receive a label marking it as such and prioritized for review. Applications received are processed by designated persons under the approved expedited permitting process developed for this program. In addition, it is the policy of the City of Delray Beach Planning and Zoning and Community Improvement Departments to implement an expedited permit process for affordable housing subdivisions. An affordable housing subdivision is one that: ■ Contains at least 10 affordable units. For projects meeting the above criteria a single point of contact shall be designated (the Director of Planning and Zoning, and/or the Director of Community Improvement or either of their designees). This individual(s) shall be responsible for coordinating all matters relating to the review services for the project and shall provide periodic status reports to -17- the business's project manager. A pre - application meeting shall be conducted and shall include the preparation of a time table for project completion. The project shall receive priority at every phase and project review shall include face to face meetings to facilitate the expediting process. Comments relative to the development review application shall be provided to the applicant within ten (10) business days (Development Application) and fifteen (15) business days (Permit Application) after the submission of a complete application by the applicant. Thereafter, the City and the applicant shall make a mutual commitment to provide development and permit application review comments and plans or revisions thereto in a thorough and timely manner. Pursuant to LDR Section 2.4.8(C)(1), with submittal of an application that is deemed complete Class IV and V site plan development proposals shall be processed within seven (7) weeks and applications involving re- zonings or Conditional Uses will require an additional four (4) weeks. Class I through II I site development applications will be processed in five (5) weeks or less. As identified above, initial building permit comments shall be provided within fifteen (15) business days of a complete submittal. Thereafter all efforts shall be made to expedite building permits after all outstanding comments have been addressed with the goal of issuing the permits within thirty (30) business days after submittal. B. Name of the Strategy: Ongoing Review Process An ongoing process which provides for a review and consideration of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to its adoption. a. Established policy and procedures: The Planning and Zoning Department reviews all proposed new City policies or changes to the LDR's to determine effects, if any, on the cost of housing. If it is determined that there is an impact, an analysis is prepared by appropriate department staff and submitted to City Commission for review prior to its approval. C. Name of the Strategy: Impact Fees Requirements An on -going process to allow for the payment of Impact fees associated with new construction of affordable housing units. a. Established policy and procedures: The City has been unsuccessful in petitioning the County to waive impact fees associated with new construction of affordable housing units. The County does provide an impact fee -18- credit for units built on a lot, which had a previous residential unit on the site. The Neighborhood Services staff provides the research on properties to identify these credits wherever possible. When no credit is applicable, the City may use SHIP funds to pay the impact fees. D. Name of the Strategy: Waiver of Building Permit Fees An ongoing process for reducing the cost of building or rehabilitating affordable housing. a. Established policy and procedures: The City does not have a policy regarding the waiver of Building Permit Fees at this time. E. Name of the Strategy: Allowance of Increased Density Levels An ongoing process to review zoning regulations for the purpose of allowing increased density to encourage development of affordable housing unit. a. Established policy and procedures: The Housing Element of the City's Comprehensive Plan provide for increases to density when it can be demonstrated that such increases will lead to an affordable unit, provided that other policies of the Comprehensive Plan are met. The Land Development Regulations allow for increased densities in planned unit development on a case - by -case basis. In addition, flexible densities are allowable pursuant to the City's Workforce Housing Ordinance. This does not apply to in -fill housing and the lack of large vacant parcels which makes this incentive limited in its effect. F. Name of the Strategy: Reservation of Infrastructure Capacity An ongoing process to provide for infrastructure improvements in deteriorating neighborhoods Established policy and procedures: Provide Description Infrastructure facilities currently exist throughout the entire City. However, where there are visible signs of deterioration, Comprehensive Plan policy provides for prioritization in scheduling necessary improvements. As each year's infrastructure improvement schedule is prepared, priority is given to neighborhoods with concentrations of infrastructure deficiencies. G. Name of the Strategy: Reduction of Parking and Set -Back Requirements An ongoing process to encourage development of affordable units by allowing for reduced parking and set back requirements a. Established policy and procedures: Provide Description Regulations require two parking spaces per dwelling unit beyond the required front yard set -back in Single Family Zoning Districts. As an incentive to affordable housing, one of the required parking spaces may be located within the 25' front yard setback reducing haphazard street parking." -19- H. Name of the Strategy: Preparation of a printed inventory of locally owned public lands suitable for affordable housing. An ongoing process to identify land suitable for development of affordable housing. a. Established policy and procedures: Provide Description The Planning Department has compiled a complete list of City owned lands of 3 acres or more along with available single family lots. The Community Redevelopment Agency maintains a list of vacant parcels, which they own or have under contract suitable for in -fill residential construction. These lists are made available to the public, private developers and non - profit agencies and is updated on an annual basis. Name of the Strategy: Reduction of Landscape Requirements An ongoing process to encourage the development of affordable units by allowing for a reduction of the City's landscape requirements a. Established policy and procedures: Provide Description The current requirements at Section 4.6.16(H) for Single Family Housing is that 20% of all pervious lot area be planted in shrubs and ground cover and the remaining 80% of the area be planted in turf. In support of projects participating in the City's Affordable Housing Programs the requirements of the landscape code are reduced to allow for only 10% of the pervious single family lot area be planted in shrubs and ground cover and that they be installed in the front and side setbacks. It is estimated that $1,200 will be reduced from the cost of producing one unit. IV. EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A. B. Timeline for Encumbrance and Expenditure: Chapter 67- 37.005(6)(d) and (f) F.A.C. A separate timeline for each fiscal year covered in this plan is attached as Exhibit B. Program funds will be encumbered by June 30 one year following the end of the applicable state fiscal year. Program funds will be fully expended within 24 months of the end of the applicable State fiscal year. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the Plan: Chapter 67- 37.005), F.A.C. Completed HDGC for each fiscal year is attached as Exhibit C. D. Certification Page: Chapter 67- 37.005(7), F.A.C. Signed Certification is attached as Exhibit D. E. Adopting Resolution: Section 420.9072(2)(b)2, F.S. Original signed, dated, witnessed or attested adopting Resolution 22 -13 is attached as Exhibit E. -20- Program Information Sheet: Completed program information sheet is attached as Exhibit F. G. Ordinance: Section 420.9072(3)(a), F.S. If changed from the original ordinance, a copy is attached as Exhibit G. This item has not changed as of May 2007. H. Interlocal Agreement: Section 420.9072, F.S. A copy of the Interlocal Agreement if applicable is attached as Exhibit H. This item is not applicable as of May 2013. Subordination Policy: A copy of the Subordination Agreement attached as Exhibit I. -21- ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR LHAP 2013 Exhibit A 67- 37.005(1), F.A.C. Effective Date: 11/09 (Local Government name) Estimated Allcoation for Calculating: $ 23,778.00 Fiscal Year 2013 -2014 Salaries and Benefits $ Office Supplies and Equipment $ Travel Perdiem Workshops, etc $ 2,377.00 Advertising $ Other $ 21,401.00 Total $ 23,778.00 Fiscal Year 2014 -2015 $ - Salaries and Benefits $ Office Supplies and Equipment $ Travel Perdiem Workshops, etc $ 2,377.00 Advertising $ Other $ 21,401.00 Total $ 23,778.00 Fiscal Year 2015 -2016 $ - Salaries and Benefits $ - Office Supplies and Equipment $ Travel Perdiem Workshops, etc $ 2,377.00 Advertising $ Other $ 21,401.00 Total $ 23,778.00 Exhibit A a d � w O q O Li M r b is J U Q � W LL m Q LL' F J fn W 0 0 m ~ Q U F W F d C .Q r d r W O V R d a Q R r C w O d Q O a` J a O w CL O .0 Q Q R c R W L C M O Z, Z d d Q t N d d Q N U LL m 2 LL r Y O N K C Q N p N M V ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ 1111111111111111111 d C .Q r d r W O V R d a Q R r C w O d Q O a` J a O w CL O .0 Q Q R c R W L C M O Z, Z d d Q t N d d Q N U LL m 2 LL r Y O N K C Q N p N M V J Q U N LL W Q F N 0 LL W J m F W 2 F C N E N O u U J O N E m Z X c R Q C F Q G) r d � r � c O L R � � O a � d y � r V Q Q R d R r � � O Q F J w L C L 7 O t N W r R O O d E E R Q O w CL C O U Q Q R C R N L C w O Z, Z R d L t r d d Q N U LL m 2 LL r Y O N K C Q N r N M V ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ 1111111111111111111 X c R Q C F Q G) r d � r � c O L R � � O a � d y � r V Q Q R d R r � � O Q F J w L C L 7 O t N W r R O O d E E R Q O w CL C O U Q Q R C R N L C w O Z, Z R d L t r d d Q N U LL m 2 LL r Y O N K C Q N r N M V J Q U N LL W Q F N 0 LL W J m F W 2 F 2 Q W m Q J W 0 LL 0 F U X c R Q C F Q G) r d � r � c O L R � � O a � d y � r C. 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R O) LQ ER Ei) 6ci 6ci 6ci 6ci 6ci O) L _ E E E E) 6ci 6ci OD O a W O R O N a a E a_ c H a_ `� L a x x aL 3 m U N N o m E N U Z Q LL E O 0 0 0 0 0 p _ 6 � 6 c o c a U o U 0 c o U o o y z a N 0 a N x W O Q O 0 O O O O O O O O °0 0 0 c o OD CD 69 m a m 6 N LO N N Q r O jp � N c c Q 'O c O O c O O a Z Q °- . a O) O) = 61) CF) a 5 LL 0 J 'O Q c o O N 04 N 04 0° N U E U 3 = ur U 3 = ur O L N z z < ¢ a-Oi v LL N c E c W co 0 Q U ii U! a N a /0 li LL U d C A = H CO N `N Op N `N G w w 0 > 0 U a » m a ~ a VO a oo� r W U) a 0 Q Z (07a a LU _ W Q a a 0 0 0 0 LL � co N a N 9 a OM OM M 0) co 0 W CO Q Q L Z co Q o o 0 co > > u > O > M = O = U co co co rn �2 �2 N rn N N ER N `N Efl Efl co Efl c� N� O Q Q LL f0 � � 7 0 W m O O I f O ; LHAP Exhibit D 2013 67- 37.005(1), F.A.C. CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Name of Local Government: City of Delray Beach (1) The local government will advertise the availability of SHIP funds, if available, pursuant to Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. (3) A process for selection of recipients for funds has been developed. (4) The eligible municipality or county has developed a qualification system for applications for assistance. (5) Recipients of funds will be required to contractually commit to program guidelines. (6) The Florida Housing Finance Corporation will be notified promptly if, at any time, the local government (or interlocal entity) will be unable to comply with the provisions the plan. (7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received. (8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the Local Housing Assistance Plan. (9) Amendments and Technical Revisions to the approved Local Housing Assistance Plan shall be provided to the Corporation within 21 days after adoption. (10) The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities as program income. (11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audits will be forwarded to the Corporation by June 30 of each calendar year. LHAP Exhibit D 2013 67- 37.005(1), F.A.C. 13) An interlocal entity shall have its local housing assistance trust fund separately audited for each state fiscal year, and the audit forwarded to the Corporation by June 30. (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit ( LIHTC) Program shall comply with the income, affordability and other LIHTC requirements. Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. (17) Rental units constructed or rehabilitated with SHIP funds shall be monitored annually for 15 years for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e) (18) The Plan meets the requirements of Section 420 - 907 -9079 FS, and Rule Chapter 67 -37 FAC, and how each of those requirements shall be met. (19) The provisions of Chapter 83 -220, Laws of Florida has not been implemented. (except for Miami Dade County) Witness Witness Date ,I ' Attest: (Seal) 2 Chief Elected Official or designee Cary D. Glickstein Type Name and Title RESOLUTION NO. 22 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907- 420.9079, FLORIDA STATUTES, AND RULE CHAPTER 67 -37, FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92 -317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907- 420.9079, Florida Statutes (1992), and Rule Chapter 67 -37, Florida Administrative Code, requires local governments to develop a one- to three -year Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy; and WHEREAS, the SHIP Act further requires local governments to establish an average area purchase price for new and existing housing benefiting from awards made pursuant to the Act; The methodology and purchase prices used are defined in the attached Local Housing Assistance Plan; and WHEREAS, as required by section 420.9075, FJ. It is found that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs. WHEREAS, the Economic and Community Development Department has prepared a three - year Local Housing Assistance Plan for submission to the Florida Housing Finance Corporation; and WHEREAS, the City Commission finds that it is in the best interest of the public for the City 1 Res No. 22 -13 of Delray Beach to submit the Local Housing Assistance Plan for review and approval so as to qualify for said documentary stamp tax funds; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission of the city of Delray Beach hereby approves the Local Housing Assistance Plan, as attached and incorporated hereto for submission to the Florida Housing Finance Corporation as required by ss. 420.907- 420 -9079, Florida Statutes, for fiscal years 2013 -2016. Section 2. The Mayor is hereby designated and authorized to execute any documents and certifications required by the Florida Housing Finance Corporation as related to the Local Housing Assistance Plan, and to do all things necessary and proper to carry out the term and conditions of said program. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED in regular session on this the day of , 2013 ATTEST: City Clerk MAYOR Res No. 22 -13 LHAP Exhibit F 2013 67- 37.005(1), F.A.C. STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM PROGRAM INFORMATION SHEET The following information must be furnished to the Corporation before any funds can be disbursed. Local Government City of Delray Beach Chief Elected Official Cary D. Glickstein, Mayor Address 100 NW 1St Avenue Delray Beach, FL 33444 SHIP Administrator Ferline Mesidort, Community Development Specialist Address 100 NW 1St Avenue Delray Beach, FL 33444 Telephone 561- 243 -7236 EMAIL mesidortkmydelraybeach.com Alternate SHIP Contact P. Nigel Roberts, Neighborhood Services Administrator Telephone 561- 243 -7282 EMAIL robertspn(km, d�ybeach.com Interlocal Agreement (list other local governments in interlocal) N/A Local Government Employer Federal ID # 59- 60000308 Disbursement (list bank account information if changed from previous) Other Information Please attach this form as Exhibit F and submit along with your completed LHAP. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION Subordination Policy A homeowner assisted by the SHIP or CDBG program may not refinance his or her first mortgage or take out a second mortgage unless the city agrees to subordinate its second mortgage. The policy used by the City of Delray Beach regarding a subordination request is as follows: ❑ If the owner wants to refinance the first mortgage at a lower rate and/or for a shorter loan term, the City will subordinate if: • additional money isn't being borrowed (unless its for home repair or reasonable improvements) • the resulting housing cost (PITT) does not exceed the housing cost (PITT) calculation of the original loan • the new loan is for a fixed interest rate ❑ If the owner is taking out a second mortgage for necessary home repairs or reasonable improvements, the City will subordinate if: ■ the combined payments of the first and second mortgages do not exceed 35% of gross income ■ the loan is for a fixed interest rate ❑ The City will not subordinate its mortgage for owners attempting to obtain a line of credit or consolidate debt because this would enable them to increase their debt for purposes other than home improvement. The City maintains that: • Second mortgages are provided under the SHIP program to assist with homeownership • Forgivable loans are provided under the CDBG or SHIP programs for the exclusive purpose of rehabilitating, enhancing and/or preserving real estate ❑ The City does not support the owner using equity for any items other than the house itself. If the purpose of the new loan is for home repair or reasonable improvements, the need must be substantiated by an inspection of the property by a City of Delray Beach housing rehabilitation inspector and/or estimates for the proposed repairs furnished by the homeowner. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION Subordination Procedures 1. The party requesting the subordination must provide the City of Delray Beach Neighborhood Services Division the following information and documentation: ■ legal description of the property ■ copy of an appraisal of the property ■ copy of the title report conducted by the lender requesting the subordination ■ amount of equity in the home ■ copy of HUD -1 or other document that will provide loan disbursement information ■ resulting housing cost (PITT) • type of loan (fixed, variable, balloon, etc.) and interest rate ■ Subordination Agreement 2. The Neighborhood Services Division shall review the above information and, if the request adheres to City policy, present the Subordination Agreement to the City Attorney's Office for review. The Neighborhood Services Division shall place the subordination request on the Consent Agenda for the City Commission Meeting and send the Subordination Agreement to the City Clerk's Office for the Mayor's signature. Once the subordination request is approved by the City Commission and the Subordination Agreement is signed by the Mayor, the Neighborhood Services Division shall follow through with the instructions provided by the lender as it relates to the mailing and/or faxing of the executed Subordination Agreement. The lender should provide the City with a recorded copy of the Subordination Agreement. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Douglas E. Smith, Interim City Manager DATE: March 27, 2013 SUBJECT: AGENDA ITEM 9.H. - REGULAR COMMISSION MEETING OF APRIL 2, 2013 HOUSING REHABILITATION GRANT/ CONTRACT AWARD: 102 S.E. 8TH STREET ITEM BEFORE COMMISSION Approval is requested for one (1) NSP Housing Rehabilitation project to be awarded to the selected general contractor for acquired NSP properties for the total amount of $33,598.95. BACKGROUND On September 23, 2011, the City publicized a Request for Proposal (RFQ 01 -2012) to obtain general contractors to provide rehabilitation services for NSP properties. At the December 6, 2011 regular meeting, the Commission approved a list of companies which were determined to be qualified to provide services for rehabilitation and construction. Project 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 may include lead inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees, if applicable. 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 NSP Housing Rehabilitation program. Inspection of work is done by Gil Valdes, Inc. (approved through RFP 11- 2010NS at the June 15, 2010 Commission meeting), the Department of Community Improvement's Building Inspection and Neighborhood Services Division. Contracts are executed between the building contractor and the City. A contractual agreement is signed by Gil Valdes, Inc. and the contractor with each award. The City remains the agent and this office and housing inspector monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and City representative's signature ensuring all City approved Policies and Procedures have been adhered to. 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 prior to resale. 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 on a rotating basis to the approved contractors, as a result of a formal bid process. The following housing rehabilitation project to be awarded to the selected general contractor for the rehabilitation is: Property Address Contractor Rehabilitation Cost 102 SE 8th Street C J Contracting, LLC $33,598.95 FUNDING SOURCE Neighborhood Stabilization Program 118- 1935 -554 -62.12 RECOMMENDATION Staff is recommending the approval for one (1) Housing Rehabilitation project to be awarded to selected general contractor for the total amount of $33,598.95. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET Bid # 04- 2013NS PROJECT ADDRESS: 102 SE 8th Street DATE OF BID LETTERS: February 21, 2013 DATE OF BID OPENING: March 19, 2013 GENERAL CONTRACTORS BID AMOUNT BID BOND All Phase Roofing & Construction; Inc $38,365.00. C J Contracting, LLC $31,999:00 Gentile LLC $0.00 Solid Builders Construction Company - Stacy Bomar Construction LLC - Statement No Bid In -House Estimate: $41,435.90 RECOMMENDED CONTRACTOR: BID /CONTRACT AMOUNT: $31,999.00 Contingency: 5% 1,599.95 $33,598.95 FUNDING SOURCE: DCA- Neighborhood Stabilization Program Account # 1.8 1935 554 62;12 COMMENTS: Staff recommends project to be awarded to the lowest responsive bidder. Revised 1217110 FFM c 0 .y fl N E yU_ L � m [n tlf C N O E O N O lJJ Z U as O a O � U m � O C CO O U U J J O CU CD C U [2 UI C) J C) JI I U L45 L6 C C O O U Lr � [tl � � O CL U Q N O 2 C EFT EAT W UF, EFT MN N v ID N U) 8- 0 o N _ M O 07 O O LU V), U O U Z lil O 6-> U as O a O � U m � O C CO O U U J J O CU CD C U [2 UI C) J C) JI I U L45 L6 C C O O U Lr � [tl � � O CL U Q N O 2 C EFT EAT W UF, EFT EFj to to a EF> VD, VD, EFT V), F U'> EF> Z lil H> 6-> W (9 69. F w z w � w W w z Q O m O Q m m U as O a O � U m � O C CO O U U J J O CU CD C U [2 UI C) J C) JI I U L45 L6 C C O O U Lr � [tl � � O CL U Q N O 2 C EFT EAT CO UF, EFT EFj to to EF> EF> VD, VD, EFT V), EF> U'> EF> Eta H> 6-> 6-> (9 69. EA 64 EPr EF} U'> EL> -a Ef> F+4 64 EF> 6'3 n, -')-I b4 6g 64 EF3 of ff3 ff3 64 O 3 a O a 4 a O a O a O a O a O a O a O o O a O o O CD O o O CD O 0 O 0 O 0 O 0 O C� O 0 O 0 O 0 O 0 O C� O CJ O 4 O C? O C? O O C3 O M O C� O r O O O C7 O 7J O O O C7 a C? a CD a 4 0 CD a I-- a O a 4 a u7 a O a 1' a N a O O m O O O O a LF] O 0 0 0 0 0 0 0 m m oc M N CO k r� to c[7 c0 w N N a r(3� m N ol m m r r m o c3- CD m r m N M N M 64 69 64 tfT EF> V-.� EFT EFy EFS ELT va to 64 EA ES 64 EFT E9 <Fs EF> u.> U6 , CF>> sa Q.> ca d3 Efi> E EH EF> Ef> FH O a O a O a O o O 0 O 0 O 0 O 0 O 0 O o O CJ O o O � O C, O o O O O C? a C7 a CD a O a O a Q CD O a CD a 0 a CD a 0 a O a CD a O . CJ Ln O O O CD LO M O OO O CD O W O a LO W LO u7 LO 0 N 0 CO 0 '�' 0 CO 0 CO Lo ti Lo N 0 0 m 0 O 0 Lr] 0 N Lo 6J 0 O 0 O 0 0 C] 0 Cil u7 co V V O r c7 r cr cr Y CD O LO LO cl N O CO M cc r- :F — N O CO V ti M c �-- N CD M N _ N _ _ _ co M 64 s9 64 63 63 EFT EFT EFT EFT ELT EFT EFT . EA EFT EF3 ER 64 EF> EFT ca E9 EF> 69 H3 EF>> VF l Ef> E.9 EF> 6} 6LY 64 CDoaaoaaaaaaaaaaaaaC Co S Q 4 0 0 0 CD f— O O CD Q O O O O .D O CDoCD000CDoo O O 'm 0 0 0 0 0 0 0 0 0 O N m N LO V- r 0 LD 0 u7 0 o 0 LO 0 l.[7 r- r y-° N B m O o<n O in h O u7 Ln N lD N Ln N LL3 O in 0� a O a LO a LO a M V) M a cr a O a O a O LC] m C M r_ (C C+7 Q t-- �- N �-- Ln cc CO 4] Cn CO a [D CO cq a M N r cc 3` 67 m '<Y N CV U) N d" co N EY3 64 64 43 64 Ef-}E9 C3}b464646469646464 64 ER 6°T EiT 64 EF36464 E46AER64 EFT6464 EA EH C O C O 0 CL O C O O <D a Y C Of N. U t0 0 O N LL EU O O N O C 0 U O Y C6 U x ?� 'o L ,� N NO'O;� fIU O- C F m 0 O O Q � .'-.C� ) LO � _ 0 Q . O ❑ O ❑ J J CN O U (rn � O I� ry ❑ o o Zb2z0 o �csLu v cD U (D � Z E� Z = U U —0�❑ H w Wo ❑ - - - L` - - -- - o h °°% } n C p 5o ' Q O to W N n rn n + rn L» N � (n C 0 �- N M Lf'J CO h 00 07 O r N m �I' i•C] CD f� cD O � O N r N N N C61 N - N C-1 N -I, - N N N (n M Ey M MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Douglas E. Smith, Interim City Manager DATE: March 27, 2013 SUBJECT: AGENDA ITEM 9.I. - REGULAR COMMISSION MEETING OF APRIL 2, 2013 HOUSING REHABILITATION GRANT/ CONTRACT AWARD: 710 S.W. 5TH AVENUE ITEM BEFORE COMMISSION Approval is requested for one (1) NSP Housing Rehabilitation project to be awarded to the selected general contractor for acquired NSP properties for the total amount of $27,231.75. BACKGROUND On September 23, 2011, the City publicized a Request for Proposal (RFQ 01 -2012) to obtain general contractors to provide rehabilitation services for NSP properties. At the December 6, 2011 regular meeting, the Commission approved a list of companies which were determined to be qualified to provide services for rehabilitation and construction. Project 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 may include lead inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees, if applicable. 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 NSP Housing Rehabilitation program. Inspection of work is done by Gil Valdes, Inc. (approved through RFP 11- 2010NS at the June 15, 2010 Commission meeting), the Department of Community Improvement's Building Inspection and Neighborhood Services Division. Contracts are executed between the building contractor and the City. A contractual agreement is signed by Gil Valdes, Inc. and the contractor with each award. The City remains the agent and this office and housing inspector monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and City representative's signature ensuring all City approved Policies and Procedures have been adhered to. 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 prior to resale. 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 on a rotating basis to the approved contractors, as a result of a formal bid process. The following housing rehabilitation project to be awarded to the selected general contractor for the rehabilitation is: Property Address Contractor Rehabilitation Cost 710 SW 5th Avenue All Phase Roofing & Construction $27,231.75 FUNDING SOURCE Neighborhood Stabilization Program 118 - 1935 -554 -62.12 RECOMMENDATION Staff is recommending the approval for one (1) Housing Rehabilitation project to be awarded to selected general contractor for the total amount of $27,231.75. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SKEET Bid # 04-2013NS PROJECT ADDRESS: DATE OF BID LETTERS: DATE OF BID OPENING: GENERAL CONTRACTORS 710 SW 5th Avenue February 21, 2013 March 19, 2013 All Phase Roofing & Construction, Inc C J Contracting, LLC Gentile LLC Solid Builders Construction Company Stacy Bomar Construction LLC In -House Estimate: RECOMMENDED CONTRACTOR: BID/CONTRACT AMOUNT: Contingency: 5% BID AMOUNT $25,935.00 $27,525.00 $0.00 $32,581.29 BID BOND - l Statement No Bid FUNDING SOURCE: DCA- Neighborhood Stabilization Program Account # 418 1935 -554 62:12 COMMENTS: Staff recommends Droiect to be awarded to the lowest responsive bidder. Revised 12/7110 FFM C O C} l9 N U_ E U) yam+ O O O LLI al m Z Z C� O N V O U � LO � � C m j [p Q OBI O cq a CU I� LU L w Z 0 P! 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S O LO N I� LO Iti Lf) ti O O O r N m V' co LC7 O LO rn O Ln LO C9 O LO cll� Cl 0 0 In O N CC r M co N M m m [ri O I- N M o m e LLB') LO N r- LL] _ _ _ _ N m Ef3 fs3 Era E» Ef-} EH cit Fn to Ea sq V'> 64 U'.� 64 64 64 e+3 v s3 En u> 64 6g 64 6% 6S 64 t m U) ° X O fl Q � o o F- G] � @ a� °' m co cCD _� LL y U N a 00 O- O Q C c4 co N F O Q "� uj p O -O O Q to E (n Cn N m J - J - M C -2) ` O_ !n O 2 O N 2 [n ❑y '� � O 47 U U O 0 47 Z � v W N Z C- 0' � flC m @ O a� O Y � F j� m= U W= � W Zak Q. (tf 10 Q M O O J fi N (p CIl N (B N C6 Q1 QI N ro to t11 CL O Cn to N Cn N N 1¢- O C C C C C U E C C C C C C[If CQ� Of U) Y N M V Lfj t0 {� c0 O r N 122 r 1 N N N N CV N N N N O m < N M MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Douglas E. Smith, Interim City Manager DATE: March 26, 2013 SUBJECT: AGENDA ITEM 9.J. - REGULAR COMMISSION MEETING OF APRIL 2, 2013 GRANT AGREEMENT / COMMUNITY REDEVELOPMENT AGENCY: FED CUP TIE ITEM BEFORE COMMISSION Commission is requested to approve a grant agreement between the City and the CRA for a contribution to the City for the FED Cup Tie in the amount of $75,000. BACKGROUND The CRA will be approving a grant agreement in the amount of $75,000 for the FED Cup Tie being held April 20 & 21, 2013 at their March 28, 2013 meeting. Attached is the proposed grant agreement. The grant amount of $75,000 is for sanction fees, site fees, rentals, security and labor. For this grant the CRA will receive sponsor benefits similar to the City except for television and scoreboard commercials. The City Attorney's office has approved as to form. Funding for the FED Cup (revenues and expenses) will be handled by a mid -year budget adjustment. RECOMMENDATION Staff recommends approval of the grant agreement between the City and the CRA for a contribution to the City in the amount of $75,000 for the FED Cup Tie, April 20 & 21, 2013. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE 2013 FED CUP TIE MATCH FUNDING THIS AGREEMENT 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, (hereinafter referred to as the "CRA ") WITNESSETH: WHEREAS, the FED Cup Tie Match will be held at the City's Tennis Stadium on April 205 and 21' 2013, which is located within the City's Community Redevelopment Area; and WHEREAS, the CRA desires to be a co -title sponsor with the CITY for this tournament; and WHEREAS, the FED Cup Tie Match attracts numerous spectators to the Community Redevelopment Area who also patronize local businesses, which provides a beneficial economic impact to those businesses located within the Community Redevelopment Area; and WHEREAS, due to the beneficial economic impact of the FED Cup Tie Match, the CRA and the CITY find that this funding agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the City of Delray Beach, including the Community Redevelopment Area. 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 shall provide funding to the CITY in the amount of Seventy Five Thousand and 001100 Dollars ($75,000.00), for the FED Cup Tie Match to be held on April 20 and 21, 2013 and to share in the attendant benefits of that sponsorship, and help defray costs of the FED Cup Tie Match. Such payment shall be made to the CITY within 30 days of the execution of this Agreement by both parties. 3. The term of this Agreement shall commence upon execution by both parties and shall terminate on September 30, 2013. 4. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 5. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 6. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 7. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 8. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. Clerk. 9. This Agreement shall not be valid until signed by the Mayor and the City PJ, ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: CITY OF DELRAY BEACH, FLORIDA Cary Glickstein, Mayor COMMUNITY REDEVELOPMENT AGENCY By: Diane Colonna, Secretary Howard Lewis, Chair (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of ,2013, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced (type of identification) as identification.. Notary Public State of Florida 9 MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Douglas E. Smith, Interim City Manager DATE: March 26, 2013 SUBJECT: AGENDA ITEM 9.K. - REGULAR COMMISSION MEETING OF APRIL 2, 2013 SPECIAL EVENT REQUEST/ 16TH ANNUAL DOWNTOWN DELRAY BEACH CRAFT FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to endorse the 16th Annual Downtown Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. proposed to be held on May 25 & 26, 2013 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6.(F) for the closure and use of NW 3rd Avenue from Atlantic Avenue north to just north of the south entrance of Atlantic Grove town homes per attached site map and the use of the Tennis Center Parking lot, to provide staff support for traffic control and security, barricading and for fire inspection services. BACKGROUND Attached are the event permit application, site plan, budget and economic impact calculator. The event sponsor will be responsible for event management, clean up, night time security, dumpsters, and for providing barricades. City staff will install the barricades if needed. Total estimated City overtime costs for this event are $3,745 and the 5% administrative fee of $190, for a total cost of $3,935. Per event policies and procedures, the event sponsor is responsible for 100% of all City costs. The North lot at City Hall will be used for vendor parking. RECOMMENDATION Staff recommends endorsement of the event, granting of the temporary use permit for the street closure on NW 3rd Avenue and Tennis Center Parking lot, providing staff assistance for security and traffic control, barricading, fire inspection services, and allowing the event signs to be installed fourteen (14) days prior to the event with all City costs to be paid by sponsor, contingent on the receipt of the Event Liability insurance fourteen (14) days prior to the event. City Delray Beach ni[.rec of Special Evert Permit Ail i'Utteti�aC Application REVISED 11.2. 11 PLEASE TYPE OR PRINT 1993 2001 Event Name/Title: 16th Annual Downtown Delray Craft Festival Event Date(s): May 25th, 2013 Times: May 26th, 2013 Requesting street closure: . yes X (If yes, need time /date for closure and reopening) Event Sponsor/Producer: Event Contact/Coordinator. 10am - 5pm 10am - 5prn no American Craft Endeavors /DDA American Craft Endeavors Name: Helayne Stillings Address: 400 Cypress Drive, Suite 1, Teguesta, FL 33469 Telephone Number: 561 -746 -6615 _Cellular Number: _ _ Email Address :. info@artfestival.com _ Event Description/Purpose: Outdoor craft festival, Annual, cultural, community gathering opportunity Brief History of Event (If applicable): This is the 16th year this festival has been serving this community Planned Activities (Outline of activitleslnumber of activities, i.e, entertainment, children's rides, games, other programs): Professional craft festival consisting of artists and crafters selling, exhibiting, and demonstrating their wares Page 1 of 5 Page 2 of 5 Number of hidividuals Served Previous Year (if applicable): 4000 Describe the targeted population and expected attendance: 4000 local residents are the targeted population Describe how the program or project addresses community needs: Providing a free festival with artists ranging in mediums from jewelry to sculptures. Acts as a community, cultural, civic event. Describe your Marketing/Promotions Program (How will you market/promote, i.e. TV, radio, posters, flyers, web sites, other): We will advertise in newpapers, online presence, local television stations, word of mouth, and flyers. Sponsor Category (please check) City o Non- Profit/Charitable o Private o Co- Sponsor — Non- Profit/Privatc n (If Nor: profit attach proof of 501c(3), c(4), c(6), C(10), or c(19) or (d) Event Location (Describe area boundaries of event/location): The Delray Beach Tennis Center on West Atlantic Avenue Site plan attached: yes X no (Site plan requh-ed for entire event site. Include loe'ations of tents, stage, portalts, dumpsters, portable lighting, and barricade location if applicable,) Rental of Old School Square: yes no X (If yes, attach proof of approval) Rental of Old School Square Park: yes no X (If yes, attach proof of rental agreement with Parks & Recreation) Private Property Use: yes no X (If yes, attach letter giving authorization from property owner) Event budget Revenue & Expenses attached: yes X (Required for alt events) U- .kNNvdataLSpeclnl went Requ"Mpecial went Permit Application REVISED FINAL FYI D -I 1(3).doo no Previous year Revenue/Expense summary attached: yes (Required for all events) Arts and Economic Impact Calculator attached: yes X Obtained on line at tiv�vw.AnierieansForTheArts.org (Required for all events except minor events and SK Runs) Do you have cash sponsors for the event: yes (Indicated on budget) Do you have inland sponsors for the event: yes X (Indicated on budget) Page 3 of S X no no no X no Serving or selling alcoholic beverages: yes no X If yes, what entity is obtaining the Alcohol License permit? (If yes, copy of license and alcohol liability insurance required hvo (2) weelrs prior to event) Event certificate of insurance attached: yes X no (Required hpo (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: yes no X (Waiver requited) 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 (Ifyes, need plan attached) Requesting Emergency Medical assistance: yes Requesting barricade assistance: yes (If no, how are you handling ?) Requesting trash removal /clean up assistance: yes_ (If no, how are you handling ?) Requesting trash boxes /containers and liners: yes no X no X no X no X X no Requesting stage use: yes no X ff yes, check type) Large stage (14' x 361) ❑ Small stage (16' x 211) n Half small stage (8' x 21') ❑ uAwNvdaWspecial Event RcglECStLSpecin[ Event Permit Application UVISED FINA[. FY10 -1 IM doe Page d of S Requesting signage: yes X rro Type: 4'x4'EYent sign X Parking Signs Banner- hanging Indicate dates required (Waiver required if more than two (2) week prlor to event) We will have made and installed Requesting City Portable Generator: yes no X (If yes, size & pourer) Food and beverage vendors: yes X no If yes, approximate number 2-3 applying for permit (Health Department approval required) yes applying now no Other vendors: (Indicate type) yes_ no . Tents: yes X no If yes, How rear :y. 100 What size or size required 10' x 10' (If yes, terrtperrrrits axdfire irrspeetionrs may be needed) Will the event include amusement rides: yes no X (If yes, type and location and copy of liability insurance rewired, also requires state license and insimetionr.) Will the event be gated: (Show on-site map) yes Iro X Will there be a charge for the event; yes Ira X (If yes, indicate ticket prices) $ Will there be fireworks or other pyrotechnics: yes no x (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes no x (ff yes, contact Fire Marshal for inspections) Will you be providing port -a -lets for the event: yes X no (If yes, locate on -site trrap, If no, Indicate how you will handle restroom deeds) Is reserved parking requested: yes no X (If yes, indicate locations acrd purpose for ase) U:\w%vdata\*ciai Event Wquest\*6al Event Pemtit Application REVISED FINAL FYI 0- 11(3).doe Page 5 of 5 Event Permit Attachments: X Revenue/Expense Budget —7—Revenue/Expense Recap Last Years Event X Site Plan x Arts and Economic llnpact Calendar Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof of Non - Profit Status x General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner X Hold Harmless Agreement, notarized, Submittal Date Requirements: a Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event Neighborhood Block Party 30 days prior to event Mg apt McMahA 2126113 Event Contractor /Coordinator Date Please print: Megan McMahan/ Howard Alan 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 OnI � Date Received Application fee received $ U:1%nsda10peel a1 Even/ Rtgtsest\Special Event Permit Application IEVIS>: b FWAL FY l0 -I 1(3),doo ti rtil1 9f'''�,�'' MIN I tt I t• tl ;f Sj{ Wima yy ydl }Y f 1� "tigfe� � - ••. ... fli q w NI q I n - j w A 'till AM �Wl. �# w^kl � �/,�}. , :. �~ I �in�NaY+.:.e: >ti, •' `�fl .i w ^ 1 1� � �3 I -IP G�;II� it j� Ire� .�� � �11r'.j'j'l1..a•1r#11L1H��i1 ' r it ' ". ffNll 'ird,�4jr. y...t'3;'47h,�'�I" liF:� IN "✓r s I " �+ s -�� j,! . 1# 4f a xtl I I f -I, 1 1 I I{ r I I,�w.�.• ''j�ji ��re p �' r "gip _ ;,✓ ado` l I �M411A..:...'...�'1� w.rr.W.l."gfM » : �,�� '�,�",Ay�y� �;L �• y ;11(�i' £. I j J1' jjj �.:. , +t•Yr._r..�• vllr" ,'��`.t r 11i�Y'P{tF" y;.,..,... 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J y I } •! !r n' 1�N '� V ;' 111, f! �'f t � #{�i ��1 � � � �TJ"!�" ���1 ♦ I � «,y„� „ „,.„,..,,..., it R±� I �w,y �� {w”' ' -- _ ,, tw, k• i _ ��' isH-,z ri'.i, ^i 5 t d M- vl 'i +ya ' a}W,; a ksed k i e Fi ” illl*' �i •? ��- s1'z? __. tom" 3 Wn..++rrhr i�.F� au Z nIP`V1ihi a`Fd at r h� r'A` ".• <: ra �1,eway.a msa:� r I�f -N E^411i1 iii � �. �.! {� 5 J t�l j.E, 1 ill N ! ,I i•�,i1 �t „... �, O! r c I fu 111 1115 -.'7 t I �{ r i }tin II 41 t 1 ' IhI r r``” FI Uli h 9 ! tlFi' II rs-If ik3r� li I ��,� �_��^- �i1'�"` nut. � _ : �„ I,�i'�^. f ^9t+�kh" :r,P,r,. .�n}� «na.wg. °E� -..tkinf Gci4�sra.? ..1 "fw. ^Im �w trJr"'S,rM- ^d•���' €' +,rwa'��o� iM � �i$i1�#?i }:� �y 1' 1 ar 1S:lIll� W 4 �MIMnr^ki11' w � `� t it u4 11 nlF1V�, i luit M� r!`, I ji V� a r I, �41tj #t,'rd� 11� Ir +.�'„ iH, � } .v�za,+,,,j„�r i r� C1a_•iWr�� �> T-u „s...,,,,..a.� r...w .. -4�.� prTij ! ra r I ttp American Craft Endeavors 15th Annual Downtown Delray Beach Craft Festival May 26 & 27, 2012 PROPOSED BUDGET FOR May 2012 Income Number of Crafters 105 Crafter Revenue $22,050 Number of Food Vendors 2 Food Vendor Revenue $900.00 Total Revenue $22,950.00 EXPENSES Advertising : - Boca Raton News Expense $1,250.00 Palm Beach Post Expense $1,770.00 South Florida Newspaper Expense $400.00 Sun Sentinel Expense $3,400.00 Advertising SubTotal $6,820.00 Services Permit Palm Beach County Health Expense $25.00 Permit City Of Delray Beach Ex ense $100.00 Si na e AA Sin Lines Expense $780.00 Sanitation Able Sanitation Expense $657.80 Sanitation Waste Management Expense $681.17 Sanitation Tents for Events Expense $402.00 Barricades Bob's Barricades Expense $349.00 Security, Fire, Public Works City Of Delray Beach Expense $3,486.00 Rentals Tents for Events Expense $520.00 Graphics for advertising Expense Expense $230.00 Payroll Helay ne Stillin s & Staff Expense $1,820.00 r -ai-Pra — b !I-17,J, eir+t #eet a 4AA Expense $3,000.00 Lodgings and meals, travel Expense $425.00 One Million Dollar liability ins policy Expense $1,700.00 Administrative Overhead tele hone, mailin s,etc Expense $860.00 Service SubTotal $15,035.97 Total Expenses $21,855.97 Show Profit $1,094.03 American Craft Endeavors 16th Annual Downtown Delray Beach Craft Festival May 25 & 26, 2013 PROPOSED BUDGET FOR May 2012 Income Number of Crafters 110 Crafter Revenue $23,100 Number of Food Vendors 4 Food Vendor Revenue .$900.00 Total Revenue $24,000.00 EXPENSES Advertising : Boca Raton News Expense $1,250.00 Palm Beach Post Expense $1,770.00 South Florida Newspaper Expense $400.00 Sun Sentinel Expense $3,400.00 Advertising SubTotal $6,820.00 Services Permit Palm Beach County Health Expense $25.00 Permit City Of Delray Beach Expense $100.00 Sign e AA Sign Lines Expense $780.00 Sanitation Able Sanitation Expense $600.00 Sanitation Waste Mana ement Expense $681.17 Sanitation Tents for Events Expense $402.00 Barricades Bob's Barricades Expense $349.00 Security, Fire, Public Works C4 Of Delray Beach Expense $3,486.00 Rentals Tents for Events Expense $520.00 Graphics for advertising Expense Expense $230.00 Payroll Hela ne Stiliin s & Staff Expense $1,700.00 I-Rm od# T nt ier e O,OA Ex pens $3,000.00 Lodgings and meals, travel Expense $425.00 One Million Dollar liability ins policy Expense $1,700.00 Administrative Overhead telephone, mailin s,etc Expense $860.00 Service SubTotal $14,858.17 Total Expenses $21,678.17 Show Profit $2,321.83 01/16/2019 11:20 561 - 249 -1079 Arts ,& DUMOmic PrasWity IV; Calculator DELRAY BEACH D.D.A. PACE 02102 page I of 2 INFORMATION Z. 5TFP:1::P0?lal ATI0N popULATION of your eommUnity: k4W -- - — — EQ,9n43 to 99,999 Y your Organization's TOTAL EXPENSES (plaase do not use camrnas): $ 22513 TOTAL ATTENDANCE to your organizat'ion's arts events (again, do not use 23Qi�p commas): Nonprofit Arts and Culture Organizations: Nonprofit Arls and Culture Audiences. Total Industry Impact: line suM or arennK®iion4 and Audiences) Total r-TE Jobs ExPendituree Local HoUgehuld Income Government fevenue $22,513 Q.$ $18,941 $78a State Government RevenUG ..... $925 -- $Q67,130 2$2,011 -.... $24,482- __..$28,519 - $489, - ... 0,952 $25,257 $27,4#44 ..- $489,543 13,$ $3Q ....... ., ... Please see the -fl-mp—dot below. Total The total dollars spent by your nonprotlt arts and culture organization and its audiences; event` Expandituras: related spending by art6 and culture sudienot is e50mated using the average dollars spent per person by arts event attendees in similarly populated cotnmunitie5• FTE Jibs: ex nd`tures full-tima srls acid oullute o)r� n5izativn � dlor is audience& An fTf supported one h44rt• / /,t2nxrcir e%V(YAnfnrrri0iAll iti -tr,. -. 1 /1612011 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: March 28, 2013 SUBJECT: AGENDA ITEM 9.L. - REGULAR COMMISSION MEETING OF APRIL 2, 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 March 18, 2013 through March 29, 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 March 18, 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 (4 to 0, Jan Hansen, Clifford Durden and Derline Pierre -Louis absent), of a final subdivision plat for Southwest I Ith Street Holdings LLC Plat, a proposed industrial subdivision, located at the northeast corner of SW 10th Avenue and SW 11th Street. B. Recommended approval (4 to 0), of a final subdivision plat for Sofa Building 1, a proposed multiple family development containing 117 rental units, located on the east side of SE 3rd Avenue, between SE 1st Street and SE 2nd Street. C. Recommended approval (4 to 0), of a final subdivision plat for Sofa Building 2, a proposed multiple family development containing 55 rental units, located on the west side of SE 2nd Avenue, between SE 1st Street and SE 2nd Street. D. Recommended approval (4 to 0), of a privately initiated Future Land Use Map amendment — small scale from MD (Medium Density Residential 5 -12 du /ac) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to GC (General Commercial) for MD Now Delray Beach, located on the north side of Linton Boulevard, west of SW 4th Avenue, 601 Linton Boulevard. E. Recommended approval (3 to 1, Thuy Shutt dissenting), of a conditional use request to permit Breathe Restaurant to operate past the hour of 12:00 a.m. and no later than 2:00 a.m. seven days per week, the restaurant occupies a tenant bay within the Atlantic Grove mixed -use development, located on the north side of West Atlantic Avenue between NW 4th and 5th Avenues. F. Recommended approval (4 to 0), of a City- initiated amendment to the Land Development Regulations to Sections 4.4.13(G)(1)(a) and 4.4.13(G)(2)(c), Central Business District, pertaining to the parking the requirement for call centers. Site Plan Review and Appearance Board Meeting of March 20, 2013 1. Approved (7 to 0), an amendment to a blanket sign program at the Sopra Centre, located at 110 East Atlantic Avenue (south side of East Atlantic Avenue, east of SE 1 st Avenue) to allow an additional sign for the Carpe Diem Restaurant (formerly known as Cafe De France). 2. Approved (6 to 0, Jose Aguila stepped down), a mural on the south and west elevations for "Artist Alley ", located at 313 NE 3rd Street (east side NE 3rd Avenue, north of NE 3rd Street). 3. Approved with conditions (7 to 0), a Class V site plan, landscape plan and architectural elevations associated with the construction of a 15 -unit townhouse development for Gulfstream Villas, located at the southwest corner of Gulfstream Boulevard and Webb Avenue. Site Plan Review and Appearance Board Meeting of March 27, 2013 4. Tabled (7 to 0), an amendment to the Blanket sign program for the Delray Beach Shopping Center to allow new tenant signage that exceed the maximum letter height and the use of their corporate colors in a monument sign for Dollar Tree, located at 1310 -1350 North Federal Highway (southwest corner of North Federal Highway and NE 14th Street). Concurrently, the Board tabled (7 to 0), a Class I site plan modification associated with the construction of a new storefront fagade and handicap accessible ramps in the rear. 5. Approved with conditions (7 to 0), an amendment to the master sign program for the Plaza at Delray, located at 1400 South Federal Highway (northwest corner of South Federal Highway and Linton Boulevard). The master sign program will accommodate new tenant signs for LA Fitness as well as update the overall master sign program. 6. Approved with conditions (6 to 1, Alice Finst dissenting), a request for a color change for A- Christian Glass, located at 925 South Congress Avenue, northeast corner of South Congress Avenue and SW l Oth Avenue. 7. Tabled (7 to 0), a color change request for The Beach House of Delray, an existing condominium complex, located at 150 Andrews Avenue (southwest corner of Andrews Avenue and Thomas Street). 8. Approved with conditions (7 to 0), a Class V site plan and landscape plan associated with the construction of a 40 -space parking lot, 3 off - street parallel spaces and public park which includes playground area for children, exercise stations, decorative lighting, landscaping, a bike rack, a jogging trail and trash receptables for 46 SW 9th Avenue CRA Parking Lot, located at the northwest corner of SW 9th Avenue and SW 1St Street. Concurrently, the Board recommended approval of the following waivers: i. A waiver to LDR Section 4.6.9(13)(3)(b) to reduce the width of the point of access to the street for the parking lot driveway from the required 24' to 22'. ii. A waiver to LDR Section 4.6.9 (D)(4)(d), to reduce the drive aisle width for perpendicular parking from the required 24' to 22' for that portion of the parking lot located adjacent to SW 10th Avenue. 9. Approved with conditions (7 to 0), a Class III site plan modification, landscape plan and architectural elevation plans associated with the demolition of a 20,142 square foot portion of an existing building and associated site improvements for 420 South Congress, an existing industrial building, located at 420 South Congress Avenue (west side of Congress Avenue, 2,200 feet south of West Atlantic Avenue). 10. Approved with conditions (7 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the demolition of the existing bank and construction of a 3,300 sq. ft. restaurant (Chick Fil -A) with a drive thru lane and a 2,730 sq. ft. bank (SunTrust) with drive -thru teller lanes, located at 1800 South Federal Highway (southwest corner of South Federal Highway and Linton Boulevard). Concurrently, the Board recommended approval to the City Commission the following waivers: i. A waiver to LDR Section 4.6.12(F)(2) which requires that free standing structures have a minimum floor area of 6,000 sq. ft. to 3,330 sq. ft. for Chick- Fil -A) and 2,730 sq. ft. for SunTrust. ii. Approved a waiver to LDR Section 4.6.9(13)(c)(1) which requires a 50 -foot stacking distance for parking lots that contains 51 or more parking spaces (40 feet provided at the driveway on Linton Boulevard and 13 feet for the driveway on South Federal Highway. Historic Preservation Board Meeting of March 20, 2013 No appealable items were considered by the Historic Preservation Board. The following item which was considered by the Board will be forwarded to the City Commission for action: Recommended approval (7 to 0) of a conditional use request to permit an existing restaurant "Breathe" to operate past the hour of 12:00 a.m. and no later than 2:00 a.m. within the Atlantic Grove mixed -use development, located on the north side of West Atlantic Avenue between NW 4th and 5th Avenues. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map Ir�I�rar�q.•r� sob CITY COMMISSION MEETING - - - - CIiY- Ir.,!rs - _ _ _ N Lo APRIL 2, 2013 ONE h11LE ! }. y 1. CARPE DIEM 5. LA FITNESS 8. PLANNING ZONING mV w LOCATION MAP GRAPHIC SCALE DEPARTMENT Ir�I�rar�q.•r� sob r — 6 SPRAB w 2 7. ! }. y 1. CARPE DIEM 5. LA FITNESS 8. s.w. mV w ¢ Cc' a x o co Ci 1 SUNTRUST / CHICK -FIL -A 1 1 L J J 4 ldKF IDA ROAD a J_ r r N_ W. z a c� w I L LawsON BOULEVARD a a 5 ai LiNrom BOULEVARD r- 1 04o x � 1 L _ J L -38 CANAL. 4 a a w 6 SPRAB w 2 7. THE BEACH HOUSE OF DELRAY 1. CARPE DIEM 5. LA FITNESS 8. s.w. N 'o b ¢ Cc' a x o co Ci U SUNTRUST / CHICK -FIL -A C -15 CANAL I I I I C -15 CANAL s0, .v c a 3 3 GULF STREAM BL1 9 2 T�, , 1 1 i 1 L 4 1 � 1 � A1A + C� 1 Q 1 g� t4 ¢ y 1 , r 1 r SPRAB 4. DOLLAR TREE 7. THE BEACH HOUSE OF DELRAY 1. CARPE DIEM 5. LA FITNESS 8. 46 SW 9TH AVE. CRA PARKING LOT 2. ARTIST ALLEY 6. A- CHRISTIAN GLASS 9. 420 SOUTH CONGRESS 3. GULFSTREAM VILLAS 76. SUNTRUST / CHICK -FIL -A - 01GrAL BASE MAP SYSrEM - - MEMORANDUM TO: Mayor and City Commissioners FROM: Kevin Rumell, Fleet Superintendent Victor Majtenyi, Interim Director of Environmental Services THROUGH: Douglas E. Smith Interim City Manager DATE: March 20, 2013 SUBJECT: AGENDA ITEM 9.M.1 - REGULAR COMMISSION MEETING OF APRIL 2, 2013 PURCHASE AWARD / ALAN JAY AUTOMOTIVE NETWORK ITEM BEFORE COMMISSION City Commission is requested to approve a purchase award to Alan Jay Chevrolet in the amount of $243,675.00 for the purchase of eight (8) replacement vehicles. BACKGROUND Replacement of eight (8) City vehicles based on age and life -to -date maintenance cost. Vendor Type Cost Contract # Alan Jay Chevrolet (4) 2013 Chevrolet Impala Admin. Package $22,322.00 Each FSA -Bid #12 -20 -0905 Spec. #5 Alan Jay Chevrolet (1) 2013 Chevrolet Tahoe Pursuit Rated SUV $37,736.00 FSA -Bid #12 -20 -0905 Spec. #3 Alan Jay Chevrolet (1) 2013 Chevrolet Suburban 2500 4x4 SUV $43,820.00 FSA -Bid #12 -20 -0905 Spec. #28 Alan Jay Chevrolet (1) 2013 Chevrolet 2500 Cargo Van W/E ui ment $46,481.00 FSA -Bid #12 -20 -0905 Spec. #34 Alan Jay Chevrolet (1) 2013 Chevrolet Malibu Eco -E Assist H brid Sedan $26,350.00 FSA -Bid #12 -20 -0905 Spec. #10 Total $243,675.00 Prices above for some of the vehicles include upfitter options (see attached vehicle spreadsheet); pricing for options is either through FSA pricing or vendor pricing. FUNDING SOURCE 501- 3312 -591 -64.20 (Garage Fund/Machinery Equipment/Vehicle Replacement) RECOMMENDATION Staff recommends the award of the eight (8) replacement vehicles to Alan Jay Chevrolet in the amount of $243,675.00. mvM oho v> U w m 0 U a` 09L OPY utomotive Network— Call Us Ant, for all of your Fleet Automotive, & Light Truck needs. PHONE (800) ALANJAY (252 -6529) WWW.ALANJAY. COM Corporate Office 2003 U.S. 27 South Sebring, FL 33870 Mailing Address P.O. BOX 9200 Sebring, FL 33871 -9200 Direct 863 - 402 -4234 Mobile 863 - 381 -3411 Fax 863 - 402 -4221 REQUESTING AGENCY: DELRAY BEACH QUICK QUOTE SHEET FOR VEHICLES SOLD UNDER THE FLORIDA SHERIFF'S ASSOCIATION CONTRACT DATE 7- Mar -13 PAGE 1 of 1 REQUESTING AGENCY: DELRAY BEACH CONTACT PERSON: KEVIN RUMELL PHONE NUMBER: 561- 243 -7333 FAX NUMBER: 561- 272 -5366 e -mail Rumell(cDmvdelravbeach.com www.flsheriffs.ora FSA BID NUMBER'S 12 -20 -0905 & 12 -10 -0905 MODEL: CG23405 SPECIFICATION A 34 2013 CHEW EXPRESS 2500 CARGO VAN PG # 617 "All vehicles will be ordered WHITE w / Darkest Interior BASE DISTRICT PRICE $17,863.00 Unless Clearly stated otherwise on purchase order. OPTION # DESCRIPTION COST L96 6.01- V8 FLEX FUEL ENGINE $990.00 G23705 EXT LENGTH CARGO VAN $1,859.00 C69 REAR AIR CONDITIONING $859.00 KG3 HD 145amp ALTERNATOR Ind w/ C69 HT 20" Full Cab High Roof Conversion $3,300.00 Safety Partition with Door btwn Driver and Cargc Area, Work Bench Station, 2nd Partition CVL -AD -1330 Tommy Gate 1300# Cantilever Series Liftgate $5,830.00 PTN FRT PARTITION WITH DOOR TO CARGO AREA $495.00 SPR Solid Partition Rear with Duct for A/C into work area $658.00 ADL Adrian Steel Work Bench Similar to Locksmith $1,895.00 104 - AFTD /P Work Bucket Seat vinyl - w/2 Arms Swivel Pedesta $823.00 INSTALL Installation of High Top Roof, Liftgate, Paint, Finish $7,235.00 of Interior and Miscellaneous Shop Supplies FRT FREIGHT FROM TEXAS TO FLORIDA $1,500.00 PV1250 1250w Inverter Installed $895.00 DYCELL Dlr Provided 80OCCA Drycell Battery 3 yr warrant) $329.00 DSP DELETE SPARE TIRE - $125.00 8S3 BACK -UP ALARM $97.00 H51 THIRD KEY $44.00 UVC FACTORY REAR VISION CAMERA $199.00 TEMP TEMPORARY TAG $25.00 MG575 MAJOR GUARD 5 YR 75K MILE EXTENDED WARRANTY $1,710.00 TOTAL OF OPTIONS: $28,618.00 TOTAL COST: $46,481.00 QTY 1 = $46,481.00 1 appreciate the opportunity to submit this quotation. Please review it carefully. If there are any errors or changes please feel free to contact me at any time, 1 will be happy to assist you. Comments: Alan Jay Chevrolet Buick GMC Cadillac, Inc. FEID 965- 0211404 Alan Jay Ford Lincoln Mercury, Inc. FEID # 20- 5996360 / Alan Jay Chrysler Dodge Jeep Ram FEID # 26- 4540672 Alan Jay Import Center, Inc. d /b /a Alan Jay Toyota FEID # 59- 3533026 / Alan Jay Nissan, Inc. FEID 976- 0833978 VEHICLE QUOTED BY: Chris Wilson, Fleet Manager 863- 402 -4234 "1 Want to be Your Fleet Provider" chris.wilson&alanjay.com QUOTE SHEET DELRAY BEACH CG23705 Call Us rrst, for all of your Fleet Automotive, & Light Truck needs. PHONE (800) ALANJA Y (252-6529) WWW.ALANJAY.COM Corporate Office 2003 U.S. 27 South Sebring, FL 33870 Mailing Address P.O. BOX 9200 Sebring, FL 33871 -9200 Direct 863 - 402 -4234 Mobile 863 - 381 -3411 1 Fax 863- 402 -4221 QUICK QUOTE SHEET FOR VEHICLES SOLD UNDER THE FLORIDA SHERIFF'S ASSOCIATION CONTRACT DATE 8- Mar -13 REQUESTING AGENCY: CONTACT PERSON PHONE NUMBER: FAX NUMBER: PAGE 1 of 1 CITY OF DELRAY BEACH Kevin G Rumell 561- 243 -7333 cp 561- 665 -1115 561- 272 -5366 e-mail Rumell ci.del ray-be ach.fl.us www.flsheriffs.ora FSA BID NUMBER'S 12 -20 -0905 & 12 -10 -0905 MODEL: CK20906 SPECIFICATION # 28 2013 CHEVY SUBURBAN 2500 4WD PG # 514 All vehicles will be ordered WHITE w / Darkest Interior BASE DISTRICT PRICE: $35,485.00 Unless Clearly stated otherwise on purchase order. OPTION # DESCRIPTION COST Alan Jay Chevrolet Buick GMC Cadillac, Inc. FEID #65- 0211404 Alan Jay Ford Lincoln Mercury, Inc. FEID # 20- 5996360 / Alan Jay Chrysler Dodge Jeep Ram FEID # 26- 4540672 Alan Jay Import Center, Inc. d /b /a Alan Jay Toyota FEID # 59- 3533026 / Alan Jay Nissan, Inc. FEID #76- 0833978 VEHICLE QUOTED BY: Chris Wilson, Fleet Manager 863- 402 -4234 "1 Want to be Your Fleet Provider" chris.wilson(a,a, lanjay.com QUOTE SHEET DELRAY BCH CK20906 Includes: Upgraded Radio with USB port, XM Satellite Radio, Blue Tooth, Rear Headphone Jacks, Bucket Seats w/ Center console, Carpet Floors, Rubber Mats 2 add'I 12V plugs, pwr passenger seat, Leather wrapped steering wheel w/ audio controls, body color door handles, body side molding, luggage 11-S center rails, tow hooks, & alluminum wheels $1,235.00 Req's 1 LS upgrade (includes: Navigation system, rear vision UYS JF4 UV7 UD7 camera, pwr adj pedals, back up assist $2,895.00 Mid Year Change (Navigation now requires UQF UQA BOSE SOUND SYSTEM $430.00 NZZ SKID PLATE PKG $149.00 G80 LOCKING REAR DIFFENTIAL $290.00 DPN CAMPER TOW MIRRORS $235.00 UEO DELETE ON -STAR - $35.00 3K THIRDS KEY $125.00 6.01- V8 INCLUDED WITH 2500 MODEL STD TEMP TEMPORARY TAG $25.00 MG6100 Major Guard 6yr 100k mile ext warrant $2,990.00 TOTAL OF OPTIONS: $8,339.00 TOTAL COST: $43,824.00 QTY 1 = $43,824.00 1 appreciate the opportunity to submit this quotation. Please review it carefully. If there are any errors or changes please feel free to contact me at any time, 1 will be happy to assist you. Comments: Alan Jay Chevrolet Buick GMC Cadillac, Inc. FEID #65- 0211404 Alan Jay Ford Lincoln Mercury, Inc. FEID # 20- 5996360 / Alan Jay Chrysler Dodge Jeep Ram FEID # 26- 4540672 Alan Jay Import Center, Inc. d /b /a Alan Jay Toyota FEID # 59- 3533026 / Alan Jay Nissan, Inc. FEID #76- 0833978 VEHICLE QUOTED BY: Chris Wilson, Fleet Manager 863- 402 -4234 "1 Want to be Your Fleet Provider" chris.wilson(a,a, lanjay.com QUOTE SHEET DELRAY BCH CK20906 l p FLORIDA _�� �s_�canerU�crr COUN'TIES hUAbout VloriAa FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION FULL SIZE UTILITY VEHICLES - RWD (POLICE PACKAGE) SPECIFICATION #3 2013 Chevrolet Tahoe 1500 (CC10706 /1FL/PPV) The Chevrolet Tahoe 1500 (CC1070611FL /PPV) purchased through this contract comes with all (lie standard equipment as specified by the manufacturer for this model and FSA`s base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: Western Northern Central Southern BASE PRICE: $26,352.00 $26,319.00 $26,269.00 $26,295.00 While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an etTort to incorporate flexibility into oru• program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct tile cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Bid Award Announcement (12 -20 -0905) 120 VEHICLE: DEALER: ZONE: BASE PRICE: Order Code 26X 1 26X 2 ANJ1 ANJ2 ANJ 3 DSPOT 1 NO 7X6 2 Delete 7X6 3 DVK3 I NO VK3 2 Tahoe 1500 (CC1070611FI.lPPV) Locking rear differential $294.001 $294.002 Stingray Alan Jay Chevrolet Buick GA1C Alan Jay Chevrolet Buick GNIC Alaroone Chevrolet, Chevrolet Cadillac Cadillac LLC G80 3 Western Northern Central Soudlern $26,352.00 526,349.00 $26,269.00 $26,295.00 $189.002 $189.003 K5T 2 Northern Delete Options Western & Central Southern Delete V8 for V6 NAI NA2 NA Non deep tinted glass $74.002 NAI NA' $200.003 Drivel's Side (Left Hand) S)otliglit $70.00' ($100.00)2 $295.003 deletes factory left hand spodamp 9GS 2 Daytime running lights and automatic headlights Front License Bracket $0.992 NCI NC NA Order Code Add Options Northern Western & Central Soutlern Please refer to Part D — Emergency Vehicle Lighting Specifications for lightbar descriptions and the awarded dealer pricing. G80 1 Locking rear differential $294.001 $294.002 $294 .003 GSO 2 � G80 3 K5T I Dual 660 -cca batteries $185.001 $189.002 $189.003 K5T 2 K5T 3 K05 I Engine block beater $70.001 $74.002 $74.003 K05 2 Perfect for Sonde Florida -.a naust flare. 3 K05 3 9GS 2 Daytime running lights and automatic headlights Std $0.992 Std Ordering this opdou will DIS,IBLE DRL and auto headlamps 2 7X7 I Left & right -hand pillar mounted 6" spotlight with clear halogen bulb, factory $359.001 $359.002 $359.003 7X7 2 installed 7X7 3 Irtclds credit for STD bid spec XY6 I Includes credit forfactmy installed Left Hand Spot lamp incheded in base bid 2 3K 1 Third key $80.001 $75.002 $75.003 3K 2 3K 3 6E2 I Fleet key, keyed alike $24.001 $24.002 $24.003 6E2 2 6E2 3 6E8 I Fleet key, keyed alike $24.00' $24.002 $24.003 6E8 2 6E8 3 Bid Award Announcement (12 -20 -0905) 121 ( VEHICLE: Tahoe 1500 (CC1070611FI.1PPV) DEALER: Stingray Alan Jay Chevrolet Buick G11MC Alan Jay Chevrolet Buick GAIC Maroone Chevrolet, Chevrolet Cadillac Cadillac LLC ZONE; Western Northem Centtnl Southern BASE PRICE: $26,352.00 $26,349.00 $26,269,00 $26,295.00 AMF 1 6 additional remotes (fleet keyless entry) $74.00' $74.002 $74.003 AMF 2 A,07'PR0GRAALifED 2 AMF 3 B301 Carpeted floor covering $189.001 $189.002 $189.003 B30 2 Includes B58 2 B30 3 B58 I Floor mats colored keyed to carpet NCI NA2 Incl3 1358 2 Requires B30; add $165 for HD mats tic% carpet 1 B 5 8 3 Included and only available with B30 (b1'rF - Dlr Provided 11D Floor finer S)ste, 5199) 2 Included with B30 3 6B2 I Rear door handles inoperative $65.001 $65.002 $65.003 6132 2 6B2 3 or (DDD Dealer Disable Door Handles, Locks, d ivindoic .twitches, zip tie controls inside door trier for re- installation at time of vehicle re -sale $110) 2 6N6 t Rear door locks inoperative $65.001 $65.002 $65.003 6N6 2 6N63 6N5 I Rear window switches inoperative $55.001 $55.002 $55.003 6N5 2 6N5 3 RYJ I Cargo shade $186.001 $149.002 NA' RYJ 2 DLit PROVIDED 2 RYJ3 TREM I Tremco anti -theft - foot activated, dealer installed $198.00' $279.002 $225.00 TREM 2 SSTP I SaleStop vehicle anti -theft - key activated or emergency lights activated, $258.00' $279.002 $255.00 SFST 2 plug -& -play for most Ford and Chevy fleet vehicles, dealer installed in 20 minutes or less NFIL I Nitrogen filled tires including spare tire $60.00 t $89.002 $100.00 N22 BVE I Assist steps Std SO Std3 BVE 2 BVE3 TRW I Provision for roof mounted lamp $29.00' $29.002 $29.003 TRW 2 TR 3 V54 I Roof mounted luggage rack, no center cross beams NA NA2 NA V54 2 V54 3 DCRO 1 Chrome grille $759.00, NA2 NA' `722 2 dealer installed 1 V22 3 B85 1 Body side moldings $99.001 NA2 NA 2 l B85 3 Bid Award Announcement (I2 -20 -0905) I22 VEHICLE: Tahoe 1500 (CC10706 /IFUPPV) DEALER: Stingray Alan .lay Chevrolet Buick Gl1C Alan Jay Chevrolet Buick GMC Maroone Chevrolet, Chevrolet Cadillac Cadillac LLC ZONE-. Western Northern Central Southern BABE PRICE: $26,352.00 $26,319.00 $26,269.00 $$26,295.00 BUC 1 Back -up camera $575.001 $645.002 $650.003 BUC 2 dealer 1 BU Factory BUC not mailable on Pursuit Tahoe (Dealer Installed) 2 CAMERA 3 5.6 "A1anilor-- Dealer Installed 3 HAVCC 1 Optional equipment - specify $897.001 $917.002 $1,476.003 11CC 2 HAMS basic console & comp stand 1 KTBDP -3A 3 HmIs Console, 2 crrpholders, (3) 12v outlets, ornrresl, Conrpuler!flaunt Stand 2 Level 3A Ballistic Door Panels- -Price is per door. Available for front doors anl3! 3 6C7N 1 Optional equipment - specify $120.001 $1,295.002 $1,724.003 dCS 2 red & awhile donre light 1 KYBDP -3 3 J07-TO CARGO SLIDER (INSTALLS BEHIND 2A'D ROIPSF,A7) 2 Level 3 Ballistic Daor Panels- -Price is per door. Available for f ant doors only. 3 KW4DR t Optional equipment - specify $1,890.001 NA $200.003 ML 3 2 tone vinyl wrap 1 Rechargable Afag Light 3 KBDP3H 1 Optional equipment - specify $2,242.001 $195.002 $1,790.003 2AWR 2 AlMlevel 3 ballistic front door panel (specif}, driver or pass side) 1 KW4DR 3 2 Additional Pwr and Ground Supplies at Center console for custaruer radio Installation 2 Nnyl M rap - -4 Doors and Roof ivrapped in white 3 2TONE 1 Optional equipment - specify $2,480.001 $295.002 $1,184.003 SAFE-T 2 Point 4 door & roof 1 KW4D 3 Fire Extinguisher, First Aid l it, Road Triangles 2 Vinyl Mrap -4 Doors irrapped in irdrite 3 PB 12 2 Setina PB I OOA 12 — 12" Aluminum Push Bumper $495.00 $479.002 $650.003 PB 12 3 PB 16 2 Setina PBIOOA16 — 16" Aluminum Push Bumper $495.001 $479.002 $660.003 PB 16 3 add 5200 for 2 LED; $350 for 4 LED 1 PB300 2 Setina PB300 Push Bumper $495.001 $479.002 $735.003 PB400 3 add 5200 for 2 LED; 3350 for 4 LED 1 GR5000 2 Go Rhino 5000 Series Push Bumpers $495.00 $479.002 $700.003 GRS000 3 LS31? 2 Rear Transport Seat — Laguna System 3P $1,375.00 $1,395.002 $1,000.003 LPS 3 PGPS 3 Rear Transport Seat -- Pro Gard 6000 Series NA NA $900.003 PSC 3 Rear Transport Seat with extended seat belt -- Patriot PSCV1 NA NA $950.003 PG2600 2 Pro -Gard P2600 Series Polycarbonate (Lexan) Cage with sliding; window, full $950.00 $935.002 $1,075.003 P47003 width lower extension panel, dealer installed 8S 2 Setina 8S Lexan cage with 1/2 lexan and 112 expanded metal with full lower $905.00 $849.002 $1,010.003 S8S 3 extension panel, dealer installed Sl0 2 Selina #10 Series Lexan Cage with sliding window, full width lower extension $905.00 $849.002 $1,035.003 S10S 3 panel, dealer installed VP -1120 2 Patriot VP1 -120 Lexan cage with 1/2 lexan and 112 metal with full lower $905.00 $849.002 $1,100.003 475 -0740 3 extension panel, dealer installed Bid Award Announcement (12 -20 -0905) 123 F I VEHICLE: Tahoe 1500 (CC 10706 /1FIJPPV) $905.00 $816.002 DEALER: Stingray Alan Jay Chevrolet Buick GAIC Alan Jay Chevrolet Buick GNIC Maroon Chevrolet, ACE ' Chevrolet Cadillac Cadillac LLC ZON'F:: Westenn Northern Central Southern BASE PRICE: $26,352.00 $26,349.00 $26,269.00 $26,295.00 VP -1110 2 Patriot VPI -100 all Lexan cage with full lower extension panel, dealer $905.00 $816.002 installed ACE ' Meat Alarm System to be used in a K -9 vehicle. `jtarris officer when $1,689.001 $995.002 $945.003 HAS 2 dangerously high temperatures are inside the vehicle. HAS 3 Add $350for Window Fat), $215forpager 2 DPS 1 Electronic Remote Rear Door Opening system to be used with the K -9 $1,279.001 $995.002 $1,070.003 RDO 2 Container. Allows the officer to release the K -9 front the vehicle from a RD 3 remote position. EZ RIDER 2 K -9 Container, All aluminum In-Vehicle (rear seat area) K -9 Container to $2,825.001 $2,490.002 $3,100.003 K9C 3 protect the public, officer, K -9, and vehicle. Please specify vehicle year, make and model. Call for installation, shipping, and/or delivery prices. add $675 combo 1nnfa1e 1K9 phg t Includes Installation & Transportation Add $600 for 113 - 213 Prisoner - I.9 divider 2 TTAG 1 Temporary tag $25.001 $25.002 $137.00 TEMP 2 TTRANS' 'Transfer existing registration (must provide tag number) $180.001 $123.602 5165.00 TRANS 2 1lncludes nro way otentight shippingfor signature 2 TAGNEW 1 New state tag (specify state, county, city, sheriff, etc.) $235.001 $175.702 $200.00 TAG 2 Includes two stay orenright shipping for signanure 2 Maintenance Plan - specify NA NA Maintenance Plan - specify NA NA laintenance Plan - specify NA NA MG 5 /100 1 Warranty - specify $3,440.001 $3,910.002 $4,300.003' MG4100 2 XWOR GUARD 4yr 1004- mile ext wan-avo} SO ded (includes emergency arse surcharge) 2 Major Guard Gd1PP - -3 years1100,0OO nniles 3 $0 Deductible 3 MG 6 /100 1 Warranty - specify $3,790.00' $3,710.002 $4,520.003 MG575 2 MAJOR GUARD 5yp 75k mile ext warratq SO ded (includes emergency use surcharge) 2 Major Guard GA1PP-- 4}vars1100,000111iles 3 $0 Deductible 3 MG6100 2 Warranty - specify NA $4,480.002 $4,740.003 l4ajot' Guard b "IAJOR GUARD 6yr 100k mile ext warranty SO ded (includes emergency use surcharge) 2 $Q G,t1PP - -5 yrarsll00,000111iles 3 Deductible 3 Bid Award Announcement (12 -20 -0905) 124 F ' FLORIDA COUN1 IF.S AIiAbout Porida FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION FULL SIZE 4 -DOOR ADMINISTRATIVE VEHICLES SPECIFICATION #5 2013 Chevrolet Impala (IWF19) �F7�c"r m N 2 The Chevrolet impala (IW 19) purchased through this contract conies with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: BASE PRICE: * Western $18,642.00 *NTorthern $ 18,522.00 * Central $18,4442.00 *Southern $18,382.00 While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. Tine following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehiele(s) you wish to order. NO'T'E: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/deicte options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Bid Award Announcement (12- 20.0905) 152 VEIiICLE: lrnpala (IWF19) DEALER: Alan Jay Chevrolet Buick CiMC Cadillac ZONE: *Western BASE PRICE: $18,642.00 Order Cade Add Options Alan Jay Chevrolet Buick GMC Cadillac *Northern $18,522.00 Alan Jay Chevrolet Buick GMC Cadillac * Central $18,442.00 Maroone Chevrolet, i.LC *Southern 518,382 .00 Western • Northern • Central Southern Please refer to Part D - Emergency Vehicle Lighting Specifications for lightbar descriptions and the awarded dealer pricing. Engine upgrade - specify ! NA NA Engine upgrade - spccif} NA NA CNG model - specify NA NA CNG conversion (discuss with dealer) NA1 NA 2013 EPA certification not available at time of bid 1 LPG conversion (discuss with dealer) NTA NA 1WG19 1 Vehicle upgrade package - specify $1,130.001 $1,149.002 1 WG 19/1 LT 2 LT Fleet Includes Touring Suspension, Alraninnuun Wheels, A,L1 EW CD AiV aiilo volante control, Chrome trim instrument clnuster, Remote Vehicle start, dual zone ayc, leather wrapped sh f knob, ronity utirrors 1 LT Package 2 PCK 1 Seat trim upgrade - specify $2,375.001 $194.002 AN3 2 Regs11M19- Includes. LealherSeatingsinfaces, w' lth heated driier 1pass6waypuwpassseat, boseSspkr- audio, auto din u ning rear View' nmrror, univel" "sal home remote, pw'r heated mirrors, flip fold rear seat, 6 mos o nstar, and blue tooth 1 Split Bench Sea, 2 AWD NA NA Remote start system NA1 NA Includedand only available with ITVG19 t Side air protection Std Std AM/FM radio with single CD Std Std Navigation system NA NA PDC 1 "Blue Tooth" connectivity $485.001 $489.002 pD C 2 Iinchudes leader n'rapped irheel w•itlt steering it,heel controls, UE1 Onstar w'/ 6 mos service 1 lnclundes OtuStm' 2 3K 1 Third key $75.001 $75.002 3K 2 Keyless entry i Std Std LSPOT 1 Left -hand pillar mounted 6" spotlight with clear halogen bulb $450.001 NA RS Vent visors - stick -on style $145.00 5145.00 RSF 1 Rainshields - flange style: $145.001 $165.00 FSS 1 Full size spare fire and rim $479.001 NA Ships loose (Maj, not eosanetically invichfactory wheel andtire) 1 PSDE 1 Pin stripes /door edge guard $139.001 NA Bid Award Announcement (12 -20 -09051 153 VEMCLE: hiipala (1NU19) Std Std CLI 1 DEALER: Alan Jay Chevrolet Buick Alan Jay Chevrolet Brick Alan Jay Chevrolet Buick Niaroone Chevrolet, GNIC Cadillac GMC Cadillac GNIC Cadillac LLC ZONE: *Western *Northern * Central *Southern BASF, PRICE: $18,642,00 $18,522.00 $15,442.00 $15,382.00 Bid Award Announcement (12 -20 -0905) 154 Body side moldings Std Std CLI 1 Class I hitch and rec., dealer installed $359.001 NA Includes 4 prong flat mire harness Dam, Bar- I d 718" ball pin and clip t CLIII 1 Class III hitch and rce., dealer installed $449.001 NA Includes 4 prongflal wire harness Di-cm, Bar 2" ball pin and clip 1 N2 1 Nitrogen tilled tires including spare tire $59.001 $100.00 Daytime running lights Std Std Immobilize daytime running lights NA $100.00 VK3 1 Front license bracket $14.001 $14.00 425 -5337 1 Optional equipment - specify $485.001 $409.002 `TQG 2 JOTI'O COMPUTER .l1OUA'TSTAND 1 P`ealher Protedion P6'g.- -all xeather floor mats acrd splash guards 2 PV7001 Optional equipment - specif}, $299.001 NA 700 if'AITINVERTER WI(2) I]OVPLUGS f WTF 1 Optional equipment - specify $199.001 NA IID FLOOR LINER SESTEM I SAFE -T 1 Optional equipment - specify $295.001 NA FIRE EXTINGUISHER, FIRSTAID KIT, ROAD TRIANGLES 1 Optional equipment - specify NA NA TEMP 1 Temporary tag $25.001 $137.00 TRANS t Transfer existing registration (must provide tag number) $123.601 $175.00 Inchrdes hro ivaf, overnight shipping for signature I TAG 1 New state tag {specify state, count),, city, sheriff, etc.) $175.701 $200.00 Includes hro way overnight shippingfor signature I SC2 1 Maintenance Plan - specify $400.001 NA Smart Care maintenance is provided for your vehicle in accordance rvitlr scheduled !fine and mileage requiremenls: Oil Changes, Chassis Lubrications, Tire Rotations Tenn 2 years 24, 000 miles 1 SC3 1 Maintenance Plan - specif3, $575.001 NA Stuart Care maintenance is providedforyour vehicle in accordance with scheduled time and mileage requirements: Oil Changes, Chassis Lubrications, The Rotations Term 3 years 36, 000 miles I SC4 1 Maintenance Plan - specify $725.001 NA Smart Care maintenance is provided for your vehicle in accordance with scheduded line and mileage requirements: Oil Changes, Chassis Lubrications, Tire Rotations Ternn 4years 48,000 inlles 1 MG4100 1 Warranty - specify $ 1,910.001 ( $2,365.002 Major Guard Major Guard 437- IOQk vile ert warranuy SO deductible 1 $0 GUPP --$ years175, 000 miles 2 Deductible 2 MG575 1 Warranty - specify $1,710.001 $2,745.002 major Guard Ifnjor Guard Syr 75A-mile ext warranly SO deductible 1 $0 GA PP- -4years1100,000nriles 2 Deductible 2 Bid Award Announcement (12 -20 -0905) 154 4'EMCLE: Inipala (MF19) DEALER: Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick Maroone Chevrolet, GMC Cadillac GMC Cadillac OMC Cadillac LLC ZA \'E: * «'estern *Northern *Central * Soutllern BASE PRICE- $18,642.00 518,522.00 $18,442.00 $18,382.00 MG6100 I Warranty - specify $2,480.001 $3,315,002 Major Guard :Major Guard 6y,r 1001 - mile ext warranly $0 deductible 1 $0 GAIPP-- 6years 1100, 000ujiles 2 I Deductible 2 i Bid Award Announcement (12 -20 -0905) 155 4 F� a FEORIDA g i S •SS�ULI,S'�IU \C�� COUN`. JES AI( About 117 -4da FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION HYBRID 4 -DOOR ADMINISTRATIVE VEHICLES SPECIFICATION #10 2013 Chevrolet Malibu Eco E- Assist (1GC69) m 9 0$ The Chevrolet Malibu Eco E- Assist (1GC69) purchased through this contract comes %vith all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements -which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: Western Northern Central Southern BASE PRICE: $23,916.00 $23,796.00 $23,696.00 $23,628.00 While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. Tire following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicles) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to tine base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Bid Award Announcement (12 -20 -0906) 230 VEIIICLE: Malibu Eco E- Assist (IGC69) DEALER: Alan Jay Chevrolet Buick 2SA 2 GMC Cadillac ZOIXE Western BASE PRICE: $23,946.00 Order Code Add Options Alan Jay Chevrolet Buick GMC Cadillac Northern $23,796.00 Alan Jay Chevrolet Buick GMC Cadillac Central $23,696.00 Maroon Chevrolet, LLC Southern $23,628.00 Western & Northern & Central Southern Please refer to Part D — Emergency Vehicle Lighting Specifications for lightbar descriptions and the awarded dealer pricing. 2SA I Vehicle upgrade package - specify $1,604.001 $1,609.002 2SA 2 Upgraded Radio, Remote Start, Auto Dhn Reanieiv mirror, Pwr driver seat, leather ivrapped wheel, universal home remote, cargo net I PCP I Seat trim upgrade - specify $994.00' $999.002 PCP 2 Reg s 2SA (leather trimmed seats, includes heated driver /passenger) Requires 2SA to be priced 2 AM/FM radio with single CD Std Std AM/FM radio with 6 -disc CD changer in dash NA NA PCV I Navigation system $1,114.00' $1,119.002 pCV 2 Req's 2SA cC PCP I Requires 2SA to be priced 2 "Blue Tooth" connectivity Std Std Front and rear carpet floor mats Std Std PCN I Cargo net $1,259.001 Std Includes: (Cargo Conv pkg, remote start, pvr driver seat with hunbar, back rrp camera, universal home remote, body side moldings) I Only available with PCA' Poiver /Convenience Package 2 Side air protection Std Std Glass breakage sensor NA NA 3K I Third key $279.001 $75.002 3K 2 RS I Vent visors - stick -on style $145.001 $145.00 RSF 1 Rainshields - flange style $145.001 $165.00 PS I Accent stripes $89.001 NA WL I Wheel locks $129.001 NA Dlr provided I N2 I Nitrogen filled tires including spare tire $89.001 $100.00 VK3 I Front license bracket $14.001 $14.002 VK3 2 DLTH I Optional equipment - specify $1,425.00' $1,114.002 PCN 2 Dealer Installed Leather, does not require manfupgrade I Pojv8r 1Cnavet+ience Package 2 Bid Award Announcement (I2 -20 -0906) 231 VEHICLE: Alalibu Eco E- Assist (1GC69) $485.001 HEALER: Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick Maroone Chevrolet, NA GI1IC Cadillac GMC Cadillac GNIC Cadillac LLC ZONE: Westem Northern Central Southern BASE PRICE: $23,946.00 S23,796.00 523,696.00 $23,628.00 JOrro 1 Optional equipment - specify $485.001 JOTFO COMPUTER MOUNTSrAND 1 Optional equipment - specify NA Optional equipment - specify NA SAFE -T 1 Optional equipment - specify $295.00' FIRE EAWNGUISHER, FIRSTAID KIT, ROAD 7PJAA'GLES 1 TEMP' Temporary tag $25.00' $137.00 TRANS 1 Transfer existing registration (must provide tag number) $123.60' $175.00 hnchi des( iro tray os' enligJrtshippinlgforsigitalt(re I TAG' New state tag (specif), state, county, city, sheriff', etc.) $175.701 $200.00 Includes hro way overnight shippingfor signature 1 SC2' Maintenance Plan - specify $400.001 Snarl Care waintenatce is provided for your vehicle in accordance with scheduled lime and mileage requirements: Oil Chatrges, Chassis Lubrications, Tire Rotations Term 2 years 24,000 miles 1 SC3 ' Maintenance Plan - specify $575.00' Smart Care mahtteuauce is provided for your vehicle in accoidance ivith scheduled lime and mileage requirements: Oil Changes, Chassis Lubrications, Tire Rotations Ternt 3 years 36, 000 miles SC4 ' Maintenance Plan - specify $725.001 Smart Care nraintenance is provided for your vehicle in accordance wilh scheduled ihne and mileage requirements: OY Changes, Chassis Lubrications, Tire Rotations Term 4 years 48, 000 pules 1 MG4100 1 Warranty - specify $1,835.00' $2,255.002 Major Alajor Guard 4yr I 00 mile ext u•arrarnty $0 deductible 1 Guard $0 GAIPP - -5 3•ears /75,000miles 2 Deductible 2 MG575' Warranty - specify $1,655.00' $2,615.002: Major. Major Guard Syr 754- mile ext ivarrarmy $0 deductible 1 Guard $0 GAIPP- 4years/I00,000111i1es 2 Deductible 2 MG6100 1 Warranty - specify $2,350.00' $2,870.002 Major Major Guard 6yr 100k unite ext irarrarn(v S0 deductible 1 Guard $0 GAIPP - -5 years 1100, 000 miles 2 Deductible 2 Bid Award Announcement (I2 -20 -0905) 232 •R � { FI ORtnA _j5Y(7flri'i7i7 \'C3F A � COUNTIES :. AU About I7oride FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION 314 TON 4 -DOOR EXTENDED WHEELBASE 6 PASSENGER UTILITY VEHICLES-4X4 SPECIFICATION #28 2013 Chevrolet Suburban 2500 (CK20906 /1FL) The Chevrolet Suburban 2500 (CK20906 /1FL) purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: BASE PRICE: *Western $35,856.00 *Northern $35,706.00 *Central $35,406.00 *Southern $35,485.00 White the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted to identify and include those equipment items most often requested by participating agencies for frill size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options -which allow the purchaser to tailor the vehicle to their particular N®ants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicles) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Sid Award Announcement (12 -20 -0905) 513 VEHICLE: Suburban 2500 (CK2090611FL) DEALER: Alan Jay Chevrolet Buick GMC Cadillac ZONE: * NVestern BASE PRICE: $35,856.00 Order Code ANJ ' ANJ 2 UEO ' UEO 2 DR3' Delete Options Deep tinted glass On -Star Alan Jay Chevrolet Buick GMC Cadillac *NorUtiern $35,706.00 Alan Jay Chevrolet Buick GMC Cadillac * Central $35,406.00 Satellite radio Limited slip differciutial on 4 -wheel drive Standard Traction Control can not be deleted see add optiousfor Locking Dtfferential � 3rd row seat Dealer Remove 3rd Row Seat t Order Code Add Options Maroon Chevrolet, LLC *Southem $35,485.00 Western • Northern • Central Southern ($225.00)' 5200.002 ($35.00)' $50.002 NA NA NA' NA NC' NA Western • Northern • Central Southern Please refer to Part D — Emergency Vehicle Lighting Specifications for lightbar descriptions and the awarded dealer pricing. G80 ' Engine upgrade - specify $290.00' NA HD LOCKIA'G REAR DIFFERENTIAL t Engine Upgrade - specify NA NA CNG model - specify NA NA CNG conversion (discuss with dealer) NA NIA LPG conversion (discuss with dealer) NA NA TREN4 t Tremco anti -theft - foot activated, dealer installed $279.00' $225.002 TREMCO 2 SFST' SafeStop vehicle anti -theft - key activated or emergency lights activated, plug -& -play for $279.00' $255.002 SAFE 2 most Ford and Chevy fleet vehicles, dealer installed in 20 minutes or less ILS' Manufacturer's model upgrade package (specify pkg. bid) $1,235.00' $1,290.002 1 L S 2 Includes: Upgraded Radio wilh USB port, MSatellite Radio, Blue Tooth, Rear Headphone Jacks, Bucket Seats w/ Center console, Carpet Floors, Rubber lfats 2 addl 121' plugs, pwr passenger seat, Leather wrapped steering wheel w1 audio controls, hod), color door handles, body side molding, Luggage center rails, tow (rooks, & allrrnrinjun wheelsl 1LT' Seat trim upgrade - specify $4,995.00' NA Includes all items in 1 LS upgrade: Phis {Leather Seats Smooth ride suspension, HD Locking rear differential, Fog Lamps, Bose Prenrirun 9 Speaker Stereo, Sub Woofer, PwrAdj Pedals, Remote Start, Tri -Zoire AC, Rear Park Assslsi & Heated Afirrors I AMNNI radio with single CD Std Std Bid Award Announcement (12 -20 -0905) 514 VEIIICLE: Suburban 2500 (CK20906 /iFL) $193.00' $194.002 DEALER: Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick $449.001 GMC Cadillac GMC Cadillac GMC Cadillac ZO \'E: * Ivestern *Northern %Central BASE PRICE: $35,856.00 $35,706.00 $35,406.00 UYS JF4 UV7 UD7' IJYS 2 AP3 3 AP3 2 3K' 3K 2 NO 9N5 ' A95 / 9N5' A95 2 ( AL4' 1 NO 5T5 ' B30' B30 2 RSF' B85 5T4 TGKt DPN ' DPN 2 WGG 1 WGG 2 CLVWC K47 DB2 1 t2KW I Navigation system Req's ILE upgrade (includes: Xmigatlon system, rear vision camera, pier adj pedals, back rip assist Requires ILS, (PD4) Power Pedals, (UD7) Rear Park-Assist, (UQA) Bose Speaker system, and (UVCJ Rear Vision Camera to be ordered acid priced ZZ "Blue Tooth" connectivity Included and only mailable with ,4fanrfaclarer's upgrade pkg 1 Requires ILE 2 Remote vehicle start Third key Console Req's A9519VS (Factory Center Console) I Included tirith (A95) Bucket Seats 2 Captain chairs, front Factory Bucket Seats w/ no Center console (Add 5675 jar tlmis Console with 2 rilpholder (3) 12v outlets & armrest) 3 Backe! Seats 2 Captain chairs, middle Req's IL'CUpgrade 1 Cloth 2nd rote seat Must order ifdesired 2 Floor carpet with color keyed floor mats Air conditioning - front and near Side air protection (may affect cage availability) Vent visors - stick -on style Rainshields - flange style Body side molding Body Side Moldings includes and is only mailable with Neloiy RFD special pain � Requires ILE 2 Mirrors, camper type, fleet only Wrap- around grille guard Add $350 for wiinch mount plate 1 Without iriuch mount. With winch moron is 51800 2 Standard towing package Heavy duty towing package, includes HD class IV receiver Bitch DIr Installed Class V Receiver; High CapaciiyAir Cleaner, Draw Bar 2 & 5 116" Ball pin and clip 1 10,000 lb. winch, electric with remote 12, 0001b Winch With Remote, Req's WGG with Winch Afoimt Plate 1 9000 lb. A 12, 000 lb. winch is $2400 2 Daytime running lights Bid Award Announcement (12- 20.0905) Maroone Chevrolet, LLC *Southern $35,485.00 $2,895.00' 1 $2,499.01 NA Ind.2 $193.00' $194.002 $125.003 $75.002 $620.00' Incl? $309.003 $934.002 $585.00' NA NC' NC $185.00' $189.002 Std Std Std Std NA $165.00 $145.003 $185.00 $449.001 Incl.2 $235.001 $239.002 $995.00' $1,470.002 Std Incl. $525.00' NA $1,595.00' $1,470.002 Std Std 515 VEHICLE: Suburban 2500 (CK20906 /1FL ) DEALER, Alan Jay Chevrolet Buick GMC Cadillac ZONE: *'Western BASE PRICE: $35,856.00 Alan Jay Chevrolet Buick GMC Cadillac *Northern $35,706.00 Alan Jay Chevrolet Buick GA4C Cadillac *Central $35,406.00 Maroone Chevrolet, LLC *Southern 535,485.00 DDRL' Immobilize daytime running lights $149.00' MUD Dealer Disable Rrunring Lights I P25 - All terrain tires $374.001 $34.002 Qxr 1 On Q f Road Tires Std (All uainurrr 17" ii7reels n -ith 2651Rl7 E All Terrain Tires) t 4GK 2 Charge to upgrade the spare tire to all terrain 2 N2 1 Nitrogen filled tires including spare tire $89.001 S MUD Full size spare tire and rim Sid1 Std Fuld Size Spare fire Is Standard, you should not be charged for this 1 NIZZ 1 Skid plate package $145.00' $149.002 NZZ2 BUA I Backup alarm $149.001 $135.00 UVC UD7 Backup camera with 3.5" LCD (rear mounted camera to provide wide angle field of vision $860.001 $449.002 04 1 at rear of vehicle) UVC 2 Rear vision Camera ieith monitor in nrirrar, Back up assist, PwrAdj Pedals I Requires (IF4) Power Adjustable Pedals and (UD7) Rear Park Assist 2 VK3 I Front license bracket NCI NC VK3 2 Must order ifdesired 2 PB 12 1 Setina PB10OAl2— 12" Aluminum Push Bumper $479.001 $650.002 PB 12 2 PB 16 I Setina PB 1 ODA 16 — 16" Aluminum Push Bumper $479.001 $660.002 PB 16 2 PB300 1 Setina PB300 Push Bumper $516.001 $735.002 PB400 2 GR5000 I Go Rhino 5000 Series Push Bumpers $516.001 $700.002 GR5000 2 I LS3P I Rear Transport Seat -- Laguna System 3P $1,395.001 $1,000.002 LPS 2 PGPS 2 Rear Transport Seat —Pro Gard 6000 Series NA $900.002 PSC 2 Rear Transport Seat with extended seat belt— Patriot PSCV 1 NA $950.002 S 10 I Setina #10 Series Lexan Cage with sliding window, full width lower extension panel, dealer ' $849.001 $1,035.002 S I OS 2 installed 8S 1 Selina 8S Lexan cage with 1/2 lexan and 112 expanded metal with full lower extension $849.00' $1,010.002 S8S 2 panel, dealer installed PG2600 I Pro -Gard P2600 Series Polycarbonate (Lexan) Cage -with sliding window, full width lower $935.00' $1,075.002 P4700 2 extension panel, dealer installed VP11201 Patriot VP1 -120 Lexan cage with 1/2 Lexan and 1/2 metal with full lower extension panel, $849.00' $1,100.002 475 -0740 2 dealer installed VPI 110 1 Patriot VPI -100 all Lexan cage with full lower extension panel, dealer installed $849.00' EZ K -9 Container. All aluminum In- Vehicle (rear seat area) K -9 Container to protect the $2,490.00' $3,100.002 RIDER I public, officer, K -9, and vehicle. Please specify vehicle year, make and model. Call for K9C 2 installation, shipping, and/or delivery prices. Includes Installation and transportation (Add S600 for 113 - 213 Prisoner - K9 Divider) I Bid Award Announcement (12 -20 -0905) 616 1 l VEHICLE: Suburban 2500 (CK2090611FL) DEALER: Alan Jay= Chevrolet Buick RDO 2 G14C Cadillac ZONE: * 1Vestern BASE PRICE: $35,856.00 Alan Jay Chevrolet Buick GMC Cadillac *Northern $35,706.00 Alan Jay Chevrolet Buick GMC Cadillac *Central $35,406.00 Maroone Chevrolet, LLC * Southern $35,485.00 RDO ' Electronic Remote Rear Door Opening system to be used with the K -9 Container. Allows $995.00' $1,070.002 RDO 2 the officer to release the K -9 from the vehicle from a remote position. HAS 1 Heat Alarm System to be used in a K -9 vehicle. Warns officer when dangerously high $995.00' $945.002 HAS 2 temperatures are inside (lie vehicle. Add $350 for Window Farr, $215 for pager � 425 -5117' Optional equipment - specify $485.00' $264.002 UD7 2 JOTTOCOMfPUTERMfOUNTSTA,i'DARD 1 Rear Park-Assist--Requires (JF4) Pau,or Adjustable Pedals 2 PV700 1 Optional equipment - specify $299.00' $149.002 JF4 2 700WINVERTER 11'(2) 110V OUTLETS 1 Power Adjustable Pedals -- Requires (UD7) Rear Park Assist 2 JCS 1 Optional equipment - specify $1,295.001 $449.002 U VC 2 JOTTO CARGO SLIDE 1 Rear Vision Camera -- Requires (J).4) Power Adjustable Pedals and (UD7) Rear Park Assist 2 WALB -P 1 Optional equipment- specify $1,795.00' $448.002 TGK/5T4 2 JJ7nelen AMBER LED light bas, includesfr7 take downs, side alleys, rear arrow stick-feature 1 Special Paint- -Yiclory (Fire Engine) Red irilh matching trier 2 SAFE -T' Optional equipment - specify $295.00' $374.002 P25 2 FIRE EXTINGUISHER ]STAID KIT ROAD TMATGUS 1 Aluminum Wheels -- requires all terrain fires 2 TEMP 1 Temporary tag $25.00' $137.00 TRANS 1 Transfer existing registration (must provide tag number) $123.60' $175.00 Includes hvo fray overnight shippingfor signature 1 TAG' New state tag (specify state, count),, city, sheriff, etc.) $175.701 $200,00 Irnchides hro ivgjy overnight shippingfor signnatum SC2 1 Maintenance Plan - specify $400.001 Smart Care maintenance is provided for your vehicle in accordance with scheduled time and mileage requlreurews: Oil Charges, Chassis L uhricalions, Tire Rotations Tern: 2 years 24 000 miles 1 SC3 ' Maintenance Plan - specify $575.00' Surart Care nnainnenanee is provided for your vehicle in accordance with scheduled time and mileage requirements: Oil Changes, Chassis Lubrications, Tire Rotations Term 3 years 35, 000 miles J SC4 ' Maintenance Plan - specify $725.00' Smart Care maintenance is proridedfor your vehicle in accordance with scheduled linnne and mileage tegtrireuneuts: Oil Changes, Chassis Lubrications, Tire Rotations Term 4 years 48,000 nniles 1 MC4100 Warranty - specify $2,205.001 $2,765.002 Major Major Guard 4yr IOOk mile ext warrarnly $0 ded Add $2000 far emergency use. 1 Guard $0 Gh1PP - -5 pears /75,000 miles 2 Deductible 2 MG575 1 Warranty - specify $1,930.00' $3,040.002 Major Ak4or Gnrarrl5yr 751, mile ext warrarnty $0 ded Add S2000 for emergency rise. 1 Guard $0 GMIPP- 4yearsll00,000nniles 2 Deductible 2 Bid Award Announcement (I2 -20 -0905) 517 VEHICLE; Suburban 2500 (CK20906 /IIiL) DEALER; Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick GMC Cadillac GMC Cadillac GMC Cadillac ZONE: *Western *Northern *Central BASE PRICE: $35,856.00 $35,706.00 835,406.00 MG6100' Warranty - speci6, Major Major Guard 61r I 00 mile exl warrartily $0 ded. Add 32000 for emergency rise. 1 Guard $0 GAIPP-- 5years1100,000nailes 2 Deductible 2 Diesel Warranty - specilj, Diesel Warranty - specify Diesel Warranty - specitj Maroone Chevrolet, LLC * Southern $35,485.00 $2,990.00' 1 $3,345.002 NA NA NA Bid Award Announcement (12 -20 -0906) 518 NA NA NA Fes- J(� FI- ORIDDA COUNTIES All About Florida FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION UTILITY CARGO VAN SPECIFICATION #34 2013 Chevrolet Express Cargo Van (CG23405) Fl � oa. The Chevrolet Express Cargo Van (CG23405) purchased through this contract comes with all the standard equipment as specified by the in anti tacturer for this model and 1±SA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: Western Northern Central Southern BASE PRICE: $18,163.00 $17,863.00 $17,488.00 $17,863.00 While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vat), from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and /or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vchicle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone whcli preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Sid Award Announcement (12 -20 -0905) 617 VEHICLE: Express Cargo Vary (CG23405) DEALER: Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick GA4C Cadillac LAIC Cadillac GA4C Cadillac GA4C Cadillac ZONE: Western Northern Central Southern BASE PRICE: $18,163.00 517,863.00 $17,488.00 $17,863.00 Order Code Delete Options All Zones G13405 ' 1112 ton cargo van ($300.00)' 1500 CARGO YAN, includes 4, 31, 176 in licit of 4.8L 118 1 Engine downgrade - specify NA Console engine cover NA UZX 1 AM/FM stereo radio ($50.00)1. DELETEAM /F11 STEREO I ZW2 1 Delete side glass only ($$20.00)1 LEAVES REAR DOOR GLASS ONLY 1 ZW9 1 Delete side & rear glass ($40.00)' NO REAR CARGO DOOR GLASS "CITY PAN" 1 Air conditioning NA On -Star NA Satellite radio NA Order Code Add Options All Zones Please refer to Part D -- Emergency Vehicle Lighting Specifications for lightbar descriptions and the awarded dealer pricing. G33503 C4M' 033803 C7N 1 G33903 C7N 1 L96 1 LMF1 I SD 1 LC8 FHZ 1 BA3 I Model upgrade - specify 3500 SRJV 139" HB Cutmvay Chassis 9, 900lbs G VI R or (G335031MI DRIV 139" 1{B Clumsy Chassis 12,300 G I'ii'R it-11,96 6.01, 118 $2365) both include f ull size spare fire and VELVAC Mirrors (Requires Body Option) I Model upgrade - specify 3500 DRW 159" 11'B Cutmvay Chassis IZ300 GHf`R with Full Size Spare, YELVAC minors, annd L96 6.0L 1'8 engine'', (Requires Body Oplion) Model upgrade - specii }, 3500 DR 13' 177' fiB Calaway Chassis 12,300 GYI { R with !ill Size Spare, YELVAC Mirrors, and L96 6.01. 118 engine I (Requires Body Option) I Engine upgrade - specify 6.0L FLF.,1 FUEL Y8 (2500 & 3500 optioi) I Engine upgrade - specify 5.3L FLE,YFUEL Y8 (1500 cargo o)rlj) 1 Diesel engine upgrade - specify 66L 118 TURBO DIESEL MODEL UPGRADE (2500 3500 4500 models only) 1 CNG model - specify Includes: 60L YS Gaseous Engine, 4 CA'G Tank Setup, Spare Tire Delete, Factory Receiver hilchhsire, Cold Climate pkg FACTORY I CNG conversion (discuss with dealer) LPG conversion (discuss with dealer) Deluxe engine cover $869.00' $2,089.001 $2,219.00' $990.00' $990.00' $11,890.00' $15,980.001 NA NA $19.001 Bid Award Announcement (I2 -20 -0905) 6I8 VE1HCLF: Express Cargo Van (CG23405) DEALER: Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick GMC Cadillac GMC Cadillac GMC Cadillac UNIC Cadillac Z0IN : Western Northern Central Southern BASE PRICE: $18,163.00 $17,863.00 $17,488.00 517,863.00 UAI 1 Battery - HD auxiliary $59.001 Factory Single 770cca baltery (DRYC'ELL 800cca Battety, dir provided $329) 1 K63' Alternator - 130 -Amp $74.00' Included with C69 1 EBC 1 Electric brake controller $279.001 Requires Z82 (dlr installed Electric Brake Control) Traction control Std G80' Limited slip differential $320.00' LOCKING RF,AR DIFFERENTIAL 1 ZQ2' Power windows /door locks $474.00' Add S169for ATG Remote Keyless Entry (included with ma iActro-er's upgrade pkg) 1 ZQ3 1 Speed controlAilt steering wheel $394.00' ZR7 1 Appearance package - specify $354.00' Includes Frt / Rr Chrome bumpers, chrome Grille, Dual Composite Halogen: Headlamps 1 023406 -ZP5 1 Crew Iran package - specify $2,870.00' 2500 (5) passenger Pan with dealer installed partition behind 2nd row seat AS5 1 Cloth seat upgrade 549.001 j Cloth Front Buckets tirith Center Arluresi 1 Seat trim upgrade - specify 3 NA DE5 1 Remote power mirrors $114.001 REQ S ZQ2 Add S35 for DE7 Heated prvr Afirrors 1 VELVAC 1 Recreational mirrors 5895.001,! OEY Style Camper Afirrors (inchrdedn•ith Ctrtarray Chassis Options) 1 DTF 1 Legal deep tinted film, dealer installed 5350.00' Dealer Deep Tint Fihn on all door glass including driver and front passenger (Add 535 for Windshield dshield Strip) 1 C69 1 Air conditioning - rear $859.00'' Includes C36 Rear Heater on Gas Alodel vans (Requires KOS on Diesel.11odels) 1 K08' Rear heater $874.00''', Ancvilliay heat generator (DIESEL ONLY) Requires C69 e€ I SD 1 AJUA19 1 Privacy glass 5349.00' Faclor), Rear Deep Tint Swing Out Glass in Cargo Doors (Add 5129 jar Dealer- Installed Fihnt on Front Tiro Doors) 1 U I C' AIvVFM radio with single CD $204.00' Includes credit for base radio or (USS Al/FI Promirmr CD player, USS Req s ZQ2 $550) 1 UYS UE1 ZQ2 1 Navigation s ystem $2,044.00' Includes: 'Navigation Screen Radio, USB Port, 6 tiros Oustar sys, Pwr Windows & Locks 1 UPF- U2K -UEI NP5 "Blue Tooth" connectivity $404.00' 1 Bhretooth, A1,, 6 pros Oustor sus Leather wheel with Steering Wheel Controls (Req s adW options USS, ZQ2, & ZQ3)I 5141 ' Third key $44.00' ATG' Keyless entr�r $169,00' Requires ZQ2 Bid Award Announcement (12 -20 -0905) 619 VEHICLE: Express Cargo Van (CG23405) DEALER: Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick GMC Cadillac GMC Cadillac GMC Cadillac GMC Cadillac ZONE: Westerri Northern Central Southern BASEPRTCE: $18,163.00 $17,863.00 $17,488 .00 $17,863.00 ASF/IR91 Side air bags $434.001 Side Air bags and Aurilliai}, Lighting Pkg 1 ZR7 1 Exterior upgrade - specitj, $354.001 From & Rear Chrome Buinpers, Chrome Grille, Dual Composite Halogen headlamps 1 High roof option NA DRB 1 Running boards $645.001 Dlr Installed .4 untinunt Running Boards 1 Vent visors - stick -on style NA RSF 1 Rai_nsbields - flange style $145.001 E26 ' Swing -out side doors on driver's side $665.001. Not Available rrith Sliding Side Lnad door or Ert Length Vans 1 YA2' Sliding side door $149.001 Daytime running lights Std Immobilize daytime running lights NA ZW6 1 Full body glass $180.001 includes credit for ZJYJ glass in base bid 1 KUV 129SUK 1 KUV, Reading van utility body, or approved equivalent with single rear wheels (requires 1 $9,926.00' ton cutaway) (Reg s Option G33503 COO SRIV Culmi'ay) lCnapheide KU1' (Add 51295 for Reading Alroninrrnr CSJ' Man) 1 CVS75AL I KUV, Reading van utility body, or approved equivalent with dual rear wheels (requires 1 ton $12,062.00' cutaway) (Requires Option G33503 C7A9 DRJI' Reading Ahouinian CS1' Van Body (Add 51195 for l napheide KUi' bodb) l CUESCARG 1 Optional body - specify $82,534.00' Cries TV Server Inspection System, Includes GAS Generator and T1' System (Add 53995 for Diesel Generator, with Diesel Engine Man) (Requires G33705 Ext Length Cargo Pan) 1 CUESTVOG 1 Optional body - specify $91,864.001 Cries T1'Seiver Inspection Systern Includes 16` Dry Freight Bar and Gas Generator. (Add $3995 for Diesel Generator, with Diesel Engine Van) Includes: G33903 177' J11B 4500 Cutmray Chassis (ReconunendAddiugDlr Installed Back tip Camera tivfth 7" Dash AM Day A'ight ,11onitor $645) 1 Powder coating NA Z82 1 Class III bitch $264.001 Factory Receiver Hitch, 7 pin ivire harness connector (Cargo Man Onl)) t L96 Z82 DB2 1 Heavy -duty towing package tip to 6,500 lbs. $1,340.001 SAL 118 Flex Fuel Motor, Factory Receiver hitch, 7 pin ivire hantess connector, Dh• Provided Drmr Bar 2 "Ball pin & Clip I G33803 C7I 1 Dual rear wheels $3,360.001 4500 Dnal Rear IJ'heel Cutmmy ivitlr 159" Wheel Base, inchides_ L96 601, I'8 gas, Full Size Spare Tire, I'ELVAC trailer mirrors (upgrade to 177' Wheel Base G33903 add $1469) (Requires Body Option) t N2 1 Nitrogen tilled tires including spare tire $89.00' Full size spare tire and rim Incl. 8S3 1 Backup alarm $97.001 Bid Award Announcement (I2 -20 -0905) 620 VEHICLE: Express Cargo Van (CG23405) $ 199.001 DEALER: Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick GMC Cadillac GAM Cadillac GMC Cadillac Gl•4C Cadillac ZONE: Westem Northern Central Southern BASE PRICE: $18,163.00 $17,863.00 $17,488.00 $17,863.00 UVC 3 Backup camera with 3.5" LCD (rear mounted camera to provide wide angle field of vision at $ 199.001 rear of vehicle) Rear i'ision Camera with Display integrated into rear view nnf'ror (Cargo On4q for cutmvr), vans - Dealer Installed Rear Vision Camera with 7" Dash 1lfounnted Day/Wight Monitor S645 3 Front license bracket Std 9,000 GVWR package, minimum NA 8,550 GVWR rated cargo van with 158" WB NA G23705 1 8,550 GVWR rated cargo van, extended body length $1,859.001 8, 600 Gl'lYR (1500 KU Length van with 155" Wheel Base) 1 G33405 1 9,200 GVWR rated cargo van, standard body leiyh $3,299.001 9,600 Gl'1VR (3500 REG Length ran with 135" 117reel Base) G33705 3 9,200 GVWR rated cargo van, extended body length $4,195,00'1 9,600 GMYR (3500 KULength van with 155" TMeel Base) 1 FPLR' Full partition & industrial ladder rack for 135" WB $1,695.0031, (Partition Only $595) (Deal Lock Down Ladder Rack only S1100) (Can be used on regular or zvt length Vans) 1 FPSLR' Full partition & industrial ladder rack for 155" WB $1,895.001'' (Partition Only $595) (Single Slide Down Ladder Rack only S1300) (Cara be used oat regular or est length vans) 1 COMM' Full partition & commercial customer bin systern $1,995.001', Base Commercial Bin Pkg w /Solid Partition (Add S995 for Electrician Pkg) (Add 51395 for Phunbers Pkg) 1 GE 1 Full partition & general sen ice interior bins $2,795.00''', General Contractors Bin Pkg 1d Partition & Door 3 RRG- LINER' Full partition & fiberboard van liner for 135" WB $2,395.00'' Pro Lining with Tie Downs and Partition 1 EXT -LINER 1 Full partition & fiberboard van finer for 155" `VB $2,695.00' Pro Lining with Tie Downs and Partition for F, Mength ran 3 12BOX ' Dual rear wheel cutaway with 12' box (contact awarded vendor) $8,895.001 Includes G335031C7N I Z3001b GiTTR 139" I1'B cutmray chassis with VELVAC mirrors & full size spare tire 1 14BOX 1 Dual rear wheel cutaway with 14' box (contact awarded vendor) $9,495.001 Includes: G33803 CM' 3500 DRii' 159" il'B Ottawa), Chassis 12,300 GV{VR with Full Size Spare, VF,LI'AC ndrrors, and L96 6.OL 1'S engine (Add $1275 to upgrade to 14,200 G1qVR G33803 C71) 1 l6BOX 3 Dual rear wheel cutaway with 16' box (contact awarded vendor) $9,895.00' I Includes: G33903 C7A7 3500 DRW 177" li'B Cutmeay Chassis 12,300 GMYR with Full Size Spare, VELEAC Mirrors, t and L96 6.OL 1'8 engine (Add $2615 to upgrade to 14,200 G 31F3'R G33903 C71) PB12 1 Selina PB100Al2 — 12" Aluminum Push Bu nip er $479.00' PB 16 1 Selina PB100A 16 — 16" Aluminum Push Bumper $479.00' PB300 3 Setina PB300 Push Bumper $516.001 GR5000 3 Go Rhino 5000 Series Push Bumpers $516.00' Rear Transport Seat — Laguna System 3P NA Rear Transport Seat — Pro Gard 6000 Series NA Rear Transport Seat with extended seat belt— Patriot PSCV 1 NA Bid Award Announcement (12 -20 -0905) 621 VEHICLE: Express Cargo Van (CG23405) DEALER: Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick GM C Cadillac GMC Cadillac GMC Cadillac GINIC Cadillac 70iVE: Western Northern Central Southern BASE PRICE: $18,163.00 $17,863,00 $17,488.00 517,863.00 FCD- MT -X1C 1 American Aluminum Modular Inmate Transport Unit or approved equivalent. One (1) $$8,395.001' compartment system for extended length cargo van includes: One (1) rear door (key lockable, with two (2) 6,000 lb. strength locks, one (1) rear step, interior and exterior lights, dual nigh speed ventilation fans, control panel, and auxiliary (rear) AC/heat. Must be ordered with rear AC. For Regular Length Mans Recommend upgrade to 9,500 GM1VR, Add 5600 far extended lenngili vans (Repires Rear AIQ 1 FCD- MT- X2C/FB 1 American Aluminum Modular Inmate Transport Unit or approved equivalent, Two (2) $$8,395.001 compartment system for extended length cargo van includes: Two (2) rear door (key lockable, with four (4) 6,000 Ib. strength locks, one (1) rear step, interior and exterior lights, dual high speed ventilation fans, control panel, and auxiliary (rear) AC/heat. Must be ordered with rear AC. For Regralar Length Nears Recommend upgrade to 9,500 GI'IYR, Add 5600 far extended length vans (Requires Rear AIQ 1 FCD- MT- X2CILR 1 American Aluminum Modular Inmate 'Transport Unit or approved equivalent. Two (2) $8,395.001', compartment system for extended length cargo van includes: One (I) rear door (key lockable), one (1) side door (key lockable), four (4) 6,000 lb. strength lochs, one (1) rear step, one (1) side step, interior and exterior lights, dual high speed ventilation fans, control panel, and auxiliary (rear) AC/heat. Must be ordered with rear A.C. For Regular Length Maus Recotaatend upgrade to 9,500 GVWX Add S600for extended length vans (Requires Rear AIC) 1 FCD- MT -X3C 1 American Aluminum Modular Inmate Transport Unit or approved equivalent. Three (3) $8,395.001', compartment system for extended length cargo van includes: Two (2) rear doors (key lockable), one (1) side door (key lockable), and six (6) 6,000 lb. strength locks, one (1) rear step, one (1) side step, interior and exterior lights, dual high speed ventilation fans, control panel, and auxiliary (rear) AC/heat. Must be ordered with rear AC. For Regular Length Mans Recommend upgrade to 9,500 GVII'R, Add 5600 far extended length vans (Requires Rear AIQ 1 425 -5466 1 1 Optional equipment - specify $485.001 JOTTO COMPUTER UOUA'T STAND (ADD $299 FOR 7001VIATERTER PIYR SUPPLIj 1 NIAVRON 1 Optional equipment- specify $18,195.001', Afrrrronn AT -350 Animal Transport Nan Includes Transportation From Indiana (Requies E26 + C69) (recommend adding rear vision camera) 1 INtALB -P 1 Optional equipment - specify $1,795.001', Whelen Amber LED Light Bar with Frt Takedowns, Side Alley lights, and Rear Arrow Stick (Speck Front Or Rear Mount) 1 GO -LIGHT t Optional equipment- specify $498.001''. RoofAJounled "Go Light "Dash + Remote controlled Spot Lamp (Sped front or Rear Installation) 1 SAFE -T 1 Optional equipment - specify $295.001' Fire Extinguisher, FirstelidKil, RaadTriangles 1 TEMP 1 Temporary tag $25.001'', TRANS 1 Transfer existing registration (must provide tag number) $123.601', Includes two way overnight shippingfor signature 1 TAG 1 New state tag (specify state, count),, city, sheriff, etc.) $175.701', Includes two way overnight shippingfor signature 1 Bid Award Announcement (I2 -20 -0906) 622 VEHICLE; Express Cargo Van (CG23405) $400.00 HEALER, Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick Alan Jay Chevrolet Buick SC3 1 GMC Cadillac GA1C Cadillac GMC Cadillac GMC Cadillac ZONE: Western Northern Central Southern BASE PRICE: $18,163.00 $17,863.00 $17,488.00 $17,863.00 SC2 ' Maintenance Plan - specify $400.00 Snarl Care maintenance is provided for your rehicle in accordance with schedrled !irate and mileage reclttirenienls: Oil Changes, Chassis I,ttbrications, Tire Rotations Term 2 years 24, 090 miles 1 SC3 1 Maintenance Plan - specify $575.00' Smarr Care ntainlenance is provided for you vehicle in accordance with scheduled tinre and mileage regnireutents: Oil Changes, Chassis L rrbricalions, Tire Rotations Term 3 years 36, OOD miles 1 SC4' Maintenance Plan - specify $725.00' Stuart Core maintenance is provided for your vehicle in accordance with scheduled time aid mileoge requirements: Oil Changes, Chassis Lubrications, Tire Rotarians Term 4years 48, 000 miles 1 MG4100 1 Warranty - specify $1,910.001 Major Guard 4yr 100k mile ex! warrornty $0 ded.Add 52000 for emergency use. 1 MG575 ' Warranty - specify $1,710,001 Major Guard 5yr 75k mile ext warrarnty SO clad. Add $2000 for emergency use, t MG6100 ' Warranty - specify $2,480.00' Major Guard 6yr 100k mile exi warrarnty $0 ded Add $2000 for enrergetcy use. 1 Diesel Warranty - specify NA Diesel Warranty - specify NA Diesel Warranty - specify NA Bid Award Announcement (I2 -20 -0905) 623 MEMORANDUM TO: Mayor and City Commissioners FROM: Kevin Rumell, Fleet Superintendent Victor Majtenyi, Interim Director of Environmental Services DATE: March 20, 2013 SUBJECT: AGENDA ITEM 9.M.2 - REGULAR COMMISSION MEETING OF APRIL 2, 2013 PURCHASE AWARD/ STROBES -R -US ITEM BEFORE COMMISSION City Commission is requested to approve an award to Strobes -R -Us for the installation of police lighting and equipment in thirteen (13) 2013 Police Department patrol cars. BACKGROUND Scope of work to be performed includes providing and installing all Police lights and equipment required to prepare vehicle for road ready Police patrol, as outlined in quote provided. This work was previously awarded in July, 2012 to another vendor, Emergency Vehicle Supply in Coconut Creek, who has subsequently gone out of business and was unable to provide the awarded services outlined. For this reason, this is a time sensitive project as these new cars were purchased last year and are well overdue to be placed in service, as they are replacing aged cars which need to be retired. Central Garage is recommending awarding the necessary work to Strobes -R -Us in Pompano Beach, utilizing the contract between The City of Sunrise and Strobes -R -Us. Attachments include: 1. City of Sunrise Strobes R Us Contract Renewal (through April 11, 2014) 2. Strobes -R -Us 11(06) bid sheet (original bid to City of Sunrise RFP; page 16 of attachment outlines discounts provided on equipment as listed) 3. Police Interceptor 3 -25 -13 (Strobes -R -Us quote to City of Delray Beach utilizing the City of Sunrise contract) Vendor Type Cost Contract Strobes -R -Us (13) Installation of Police $9,273.61 This award will be using the Lighting and equipment Each existing contract between the City of Sunrise, Florida and Strobes -R -Us + some add on Total 1 $120,556.93 FUNDING SOURCE items provided through Strobes - R-Us (listed on pages 4 -5 of 501- 3312 -591 -64.20 (Garage Fund /Machinery Equipment /Vehicle Replacement) RECOMMENDATION Central Garage recommends the award going to Strobes -R -Us in the amount of $120,556.93 for the installation of Police lighting and related equipment in thirteen (13) new 2013 Police vehicles. 1 � BID TITLE: Outfitting of Police Vehicles (Lighting & Accessories) BID NUMBER: 11(06)- 01- 01- 01 -19 -W SECTION 5 - BID SUBMISSION CHECK LIST COMPANY NAME: (Please Print): j r �S Phone: - Fax: BEFORE SUBMITTING YOUR BID MAKE SURE YOU... L Carefully read the SPECIFICATIONS. 2. Complete the BIDDER QUESTIONNAIRE (Page 4) and include with Bid Submittal. 3. Properly fill out the BID SHEET and CERTIFICATION PAGE (Schedule "A "). 4. Fill out and sign the NON - COLLUSION AFFIDAVIT (Schedule "B ") and have it properly notarized. 5. Sign the VENDOR DRUG FREE STATEMENT (Schedule "C"). 6. Fill out the VENDOR QUALIFICATION STATEMENT (Schedule "D "), if required. 7. Include EXHIBITS OR WARRANTIES (Schedule "E "), if required. 8. CHECK THE INSURANCE and LICENSE requirements to be sure that you will comply, and submit evidence of insurance and copies of licenses, if required, with your bid (Schedule "F "). 9. Complete STATEMENT OF NO BID (Schedule "G "), if applicable. 10. Clearly mark the BID NUMBER AND BID NAME on the outside of your envelope. 11. Submit ONE (1) ORIGINAL AND TWO (2) PHOTOCOPIES of your bid. 12. Make sure your BID is submitted prior to .the deadline. Late Bids will not be accepted. FAILURE TO PROVIDE THE' REQUESTED SCHEDULES MAY RESULT IN YOUR BID BEING DEEMED NON - RESPONSIVE. THIS PAGE AND THE FOLLOWING PAGES ARE TO BE RETURNED WITH YOUR BID. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. [Type text] Page 15 j I BID TITLE: Outfitting of Police Vehicles (Lighting & Accessories) BID NUMBER: 11(06)- 01- 01- 01 -19 -W SECTION 5 - BID SUBMISSION CHECK LIST COMPANY NAME: (Please Print): ( r Phone: - Fax: Jz ���-T BEFORE SUBMITTING YOUR BID MAKE SURE YOU... 1. Carefully read the SPECIFICATIONS. 2. Complete the BIDDER QUESTIONNAIRE (Page 4) and include with Bid Submittal. 3. Properly fill out the BID SHEET and CERTIFICATION PAGE (Schedule "A "). 4. Fill out and sign the NON - COLLUSION AFFIDAVIT (Schedule "B ") and have it properly notarized. 5. Sign the VENDOR DRUG FREE STATEMENT (Schedule "C "). 6. Fill out the VENDOR QUALIFICATION STATEMENT (Schedule "D "), if required. 7. Include EXHIBITS OR WARRANTIES (Schedule "E "), if required. 8. CHECK THE INSURANCE and LICENSE requirements to be sure that you will comply, and submit evidence of insurance and copies of licenses, if required, with your bid (Schedule "I"'). 9. Complete STATEMENT OF NO BID (Schedule "G "), if applicable. 10. Clearly mark the BID NUMBER AND BID NAME on the outside of your envelope. 11. Submit ONE (1) ORIGINAL AND TWO (2) PHOTOCOPIES of your bid. 12. Make sure your BID is submitted prior to .the deadline. Late Bids will not be accepted. FAILURE TO PROVIDE THE' REQUESTED SCHEDULES MAY RESULT IN YOUR BID BEING DEEMED NON - RESPONSIVE. THIS PAGE AND THE FOLLOWING PAGES ARE TO BE RETURNED WITH YOUR BID. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. [Type text] Page 15 BID TITLE: Outfitting of Police Vehicles (Lighting & Accessories) BID NUMBER: 11(06)- 01- 01- 01 -19 -W SECTION 6 - BID SUBMISSION PACKAGE SCHEDULE "A" CITY OF SUNRISE BID SHEET & CERTIFICATION ALL BIDS SHALL REMAIN VALID FOR NINETY (90) DAYS AFTER BID OPENING Group 1 (Items 1 through 16) - STANDARD EQUIPMENT FOR A MARKET) PATROL VEHICLE - CROWN VICTORIA Price quoted for each item listed will be the installed price, inclusive of all costs. Item Estimated No. Description Unit Cost with Extended Total -Qty. 1 1 Whelen Liberty LED light bar, Installation minimum 49" long: blue/blue, take down/LED, alley /LED or Equal. This must be premium version bar with 108 LED count minimum. Mfg. Offered: ( d, e. )t°n Model Offered: 2 1 Whelen 100watt flat speaker with vehicle specific mounting bracket or Equal Mfg. Offered: _ j � +° en Model Offered: SA. + 1< ! 3 1 Whelen siren system 295SLSA6 OR Equal 3 Mfg. Offered: Model Offered: act-S-5 L -S � 4 1 Whelen "Howler" low tone Siren Q & Speaker system to include two - 9 speakers or Equal Mfr. Offered: Model Offered: 5 1 (set of six per car) Whelen Vertex Single, 4 clear, 2 red or Equal. Six per c Mfr. Offered: � ,e C �� L Model Offered: w 6Q L 7 BID TITLE: Outfitting of Police Vehicles (Lighting- &Acrossorie§��rf B D NUMBER: 11 (06)-01-01-01-19-W 6 1 W 1 NZ6 all blue for grill ( pair of h L" mounting bracket or two per Equal. Lighthead must have a car) minimum diode count f 6. Mfr. Offered: hE C,Y) Model Offered: L-1 Z6 K7r 7 1 Whelen Avenger Rear Deck blue/ (pair of /blue ( if Crown Vic) or Equal two per Mfg. Offered: ` /A/a car) Model Offe : _L.Lihe I en 8 1 Whelen Single Aveqer Blue for (pair of rear deck or Equal. Light to two per include anti flash shield. car) Mfg. Offered: A VIVI Model Offered.: _(Aj h Pr7 9 1 EA Solid ate Headlig lasher with vehicle specific plug or Equal Mfr. Offered: - W h E� I<-/) Model Offered: 5S F pOSCg �8 L Imo' �N4 d5 Imo'— Imo` 9 _5`9 10 1 EA Whelen super LED spotlight bulb or Equal t 5 6_9 Mfr. Offered: Wk 61 e n Model Offered: 11 1 EA Setina Partition (cage) Y2 lexan, %2 vinyl coated metal screen or Equal. Partition must also include full underseat extension panel. Mfr. Offered: Pro C-cl 10 Model Offered: j aA(j,A 1~ x.-17 12 1 EA Laguna Rear Seat with cross -over seat belts (for Ford, Chevy and Dodge) or Equal Mfr. Offered: 1_ 4 , vk Model Offered: �- F �11570 1 17 1 , BID TITLE: Outfitting of Police Vehicles (Lighting & Accessories) BID NUMBER: 11(06)- 01- 01- 01 -19 -W 14 1 EA Havis Shield (no substitutes) console with microphone clip, arm rest. Cup holders, 3 -12V plug 6 �� � � / Kl 4"G N. -1 i 1 CO n �1 e Installation outlets, face plates, laptop arm and holder, light arm for laptop. C - 7-C R -i G 4 pip 5 t� n d Whelen Liberty LED light bar, minimum 49" long, blue/blue, take t7 Model Offered _ 30g6 _q - rY, f} -S = - �) L i G� ' ' down/LED, alley/LED or Equal. C � _ _ a G " Jj e- 15 1 D & R Electronics rear window with 108 LED count minimum. (one pair bars or Equal. One pair of two per Mfg. Offered: U J % e(e n of two per car) car) I Mfr Offered: 2 Model Offered: Model Offered: -Cie K 2 7 TOTAL BID OFFER FOR GROUP 1(ITEMS 1 -15): $ / CROWN VIC�ORIA ` f<" / ll-Q- 1 f .. cnan 1 � t -or d". A'. 1 (Written Amount) Group 2 (Items 1 through 15) - STANDARD EQUIPMENT FOR A MARKED PATROL VEHICLE - CHEVROLET CAPRICE (Qty 7) Price quoted for each item listed will be the installed price, inclusive of all costs. Cad' Item Estimated Description Unit Cost with Extended Total No. QtY. Installation 1 7 Whelen Liberty LED light bar, minimum 49" long, blue/blue, take t7 down/LED, alley/LED or Equal. This must be premium version bar with 108 LED count minimum. Mfg. Offered: U J % e(e n Model Offered: 2 7 Whelen flat 100 watt speaker and vehicle specific mounting bracket % L" or Equal Mfg. Offered: --n Model Offered: S A-3 P + 5 3 7 Whelen siren 295 SLSA6 OR Equal Mfg. Offered: k,6.>1 Cn 5 Model Offered: SL.S 18 i BID TITLE: Outfitting of Police Vehicles (Lighting & Accessories) BID NUMBER: 11`(06)- ol- o1- o1 -19 -W Whelen "Howler" low tone Siren & Speaker system or Equal. Must 4 7 include two speakers. Mfr. Offered: (,� n Model Offered:-140 57 (six per Whelen Vertex Single, 4 clear, 2 red or Equal. Six per car. car) Mfr. Offered: (,,L; h e' I (f n Model Offered: it jX601 Whelen L 1 NZ6 all blue for grill 6 7 ( two per with mounting brackets or Equal. f a car) two per car. Mfr. Offered: W. e I e n Model Offered: L I + R i Whelen Single Avenger Blue (if 7 7 ( two per Chevy or Dodge) for rear deck or car) Equal Mfg. Offered: W � e I P r) Model Offered: 4 vN j A 8 7 1 1 CA Wei Solid State HeadlightTlasher wi vehicle specific plug or Equal �- Mfr. Offered: L., he I �to Model Offered: U} 2/ 5_0 + Whelen super LED spotlight bulb 9 7 EA or Equal ) P5 Mfr. Offered: eY7 Model Offered: p jJ6 15 L r Setina Partition (cage) %2 lexan, 1/2 vinyl coated metal screen or Equal. 5( s 3�1_75 10 7 EA Partition must also include full underseat extension panel. Mfr. Offered: ?r1d 61ct Model Offered: " N S FwGC 1 I 11 7 EA Laguna Rear Seat with cross -over seat belts (for Ford, Chevy and L Dodge) or Equa Mfr. Offered: a r Model Offered:. L)M es 00 i ' r174,e19 cc , y5 15 -4 8S prcj (r�+f'c� BID TITLE: Outfitting of Police Vehicles (Lighting & Accessories) BID NUMBER: 11(06)- 01- 01- 01 -19 -W 12\ 7 EA Tremco Anti -Theft with floor bubble type activation switch or { n d / o� Extended Total No. Qty. Equal. 1-- Installation 1 7 EA Mfr. Offered: I /`e M6 O Model Offered: "7'f er►-jL-,0_ c'% ? 13 7 EA Havis Shield (no substitutes) console with microphone clip, arm rest. Cup holders, 3 -12V plug outlets, face plates, laptop arm and holder, light arm for laptop. To em uj, I no -- b el, ct u4 ► Iabl'e vni �' X This must be the premium version Model No: a ppX Jun C ge. / , 1jj 14 7 EA (one pair of two D & R Electronics rear window bars or Equal. _/ Mfr Offered: 4 per car) Model Offered: W TOTAL BID OFFER FOR GROUP 2 (ITEMS MARKED CHEVROLET CAPRICE 1 -14): $_25 6k,6 _ (Written Amount) Group 3 (Items 1 through 16) - STANDARD EQUIPMENT FOR A MARKED PATROL VEHICLE — DODGE CHARGER (Qty 7) Price quoted for each item listed will be the installed price, inclusive of all costs. Item Estimated Description Unit Cost with Extended Total No. Qty. Installation 1 7 EA Whelen Liberty LED light bar, minimum 49" long, blue/blue, take c'% ? down/LED, alley/LED or Equal. This must be the premium version bar with 108 LED count minimum. Mfg. Offered: to) ,en Model Offered: L 2 7 EA Whelen 100 watt flat speaker with vehicle specific mounting bracket /D or Equal h1° Mfg. Offered: cn Model Offered: � 1< 20 T' + � a BID TITLE: Outfitting of Police Vehicles (Lighting & Accessories) BID NUMBER: 11(06)- 01- 01- 01 -19 -W 3 7 EA Whelen siren 295SLSA6 OR Equal Mfg. Offered: Wl e en Model Offered: aOl Z LS A 4 7 EA Whelen "Howler" Low Tone Siren & Speaker system or Equal. Must 5 3675 include two speakers. Mfr. Offered: 1 e'n _ Model Offered: )4c,u.)( � 5 7 EA (four per Whelen Vertex Single, 2 clear, 2 red or Equal. Four per car. car) Mfr. Offered: W � d eo Model Offered: VTY 6 7 EA Whelen L1NZ6 all blue for grill, "L" (two per clear lens, with mounting 1 per car) bracket or Equal. Two per car. Lighthead must have a minimum LED diode count of 6. Mfr. Offered: u el en Model Offered: .+- P,19 l i 1 7 7 EA Whelen Single Avenger Blue for ; 7q3 (two per rear deck or Equal. Light must Oq car) include anti flash shield. Mfg. Offered: Whel etl Model Offered -V 8 7 EA Solid State HeadlikM Flasher with vehicle specific plug or Equal G y Mfr. Offered: (,( A Cori Model Offered: �_ )T /T F a 1.57 ,* 9 7 PR (two per Whelen 4" round LED lighthead. for Dodge Charger. Clear lens with car) blue LED's. Must include mounting bracket for Dodge Charger. f lIr — L-0 hif A If 10 7 EA Whelen super LED spotlight bulb or Equal / I Mfr. Offered: G Model Offered: 6 S L. 21 BID TITLE: Outfitting of Police Vehicles (Lighting & Accessories) BID NUMBER: 11(06)- 01- 01- 01 -19 -W 11 7 EA Setina Partition (cage)1 /21exan, '/2 L vinyl coated metal screen or Equal. 5 Partition must include full _ li underseat extension panel. Partition must be side curtain airbag compatibl Mfr. Offered: P --,- , � Model Offered: C i l *S E56c, i( -w 12 7 EA Laguna Rear Seat with cross -over seat belts (for Ford, Chevy and -- Dodge) or Equal Mfr. Offered: ,� Q Model Offered k $ L 13 7 EA Tremco Anti -Theft with floor bubble activation switch. Mfr. Offered: r P C6 Model Offered: 14 7 EA Havis Shield (no substitutes) L� console with microphone clip, arm 6D "7 (�J /2 rest. Cup holders, 3 -12V plug WS ct =C1, 8r,..i outlets, face plates, laptop arm and -re 15 - 7 � �P 8q 30 90 _q FGr Tic, LgP�P holder, light arm for laptop. c ' M 4 P -S Gam' Model No. - CUP 2 - , CW rlo�d < -,- 15 7 EA D & R Electronics rear window V r ✓ �'�j v� (two per bars or Equal. — 9�' `7 3- car) Mfr Offered: — Model Offered: -G TOTAL BID OFFER FOR GROUP 3 (ITEMS 1 -15): $ 6 � q' MARKED DODGE CHARGFU ` ter— % e oer 22 BID TITLE: Outfitting of Police Vehicles (Lighting & Accessories) BID NUMBER: 11(06)- 01- 01- 01 -19 -W Group 4 (Items 1 through 16) — STANDARD EQUIPMENT FOR A MARKED K -9 UNIT — CHEVY TAHOE (Qty 1) Price quoted for each item listed will be the installed price, inclusive of all costs. Item Estimated Description Unit Cost with Extended Total No. Qty. Installation 1 1 EA Whelen front upper split Inner Edge for Chevy Tahoe or Equal. 7 1-1 7q q Must be all blue LED's with clear lenses. Unit is comprised of 8 super LED pods each containing 6 LED diodes and 2 white LED takedown lights. (forward facing) Mfg. Offered: ell Model Offered:,' "Z 2 U � 2 1 EA Whelen rear lower Inner Edge for Chevy Tahoe. Must be blue �'�^ 9 , � C� LED's with clear lenses. Model must be comprised of 6 super LED pods each containing 6 LED diodes. (rear facing) Mfg. Offered: C J C'✓1 Model Offered: `rA Rp6 3 1 EA (two per Sound -Off Signal Predator 2 blue/blue LED with clear lenses or "1 car) Equal. Two per car Mfg. Offered: AA en Model Offered: PQ it % Le 4 1 EA (two per Whelen 4" round LED lighthead. for Chevy Tahoe. Clear lens with 1 _ car) blue LED's. Must include mounting bracket for Chevy Tahoe. Mfr. Offered: CjA I Model Offered: 23 • &Accessories BID. 11(06) -0I -01 .aLR1U wU`" , Whelen super LED spotlight bulb 5 1 EA or Equali " M 10 fr. Offered: — Model Offered: 14 S l,G Fa 6 1 EA White Vertex LED , four per car (four per (� car) Mfr. Offered: Model Offered: V- 7 1 EA Red Vertex LED, two per car (two per O car) Mfr. Offered: CSI (e) Model Offered: �a 8 1 EA Solid state wig wag Mfr. Offered: Model Offered: 9 1 EA Whelen LINZ6 blue (4 for running (six per boards, 2for license bracket with vehicle) mounting brackets) blue LEDs, clear lens or Equal. Lighthead must have a minimum LED diode count of 6. Mfr. Offered: bu�)(?� eo Model Offered: i `FQrck A t s 10 1 EA Tremco Anti -Theft with floor bubble activation switch. 1 a� Mfr. Offered: r<c) Model Offered: '--•j"– enC-<,, 11 1 EA Whelen siren 295SLSA6 OR Equal 7 3 �5- Mfg. Offered: Model Offered: 12 1 EA Whelen "Howler" Low Tone Siren & Speaker system or Equal. Must g include two speakers. Mfr-Offered: (AJ �j e � (fj Model Offered: C 24 BID TITLE: Outfitting of Police Vehicles (Lighting & Accessories) BID NUMBER: 11(06)- 01- 01- 01 -19 -W 13 1 EA Havis Shield (no substitutes) console with microphone clip, arm Unit Cost with Installation 699 1 1 EA rest. Cup holders, 3 -12V plug C-- rfiw -6.i (-ra) ' - lgdo r5)a.1/y�— outlets, face plates, laptop arm and -cu pa 4-6 Corls,O)e UCH C tip ►�,�ler holder, light arm for laptop. "A pl'Vol hAP i. G rrr Model No. c - 3 -q i -�s' -ray z�v -o Q>rn �tis 14 1 EA Whelen Linear -LED Blue with J c.�e/ 45 (2 per car) clear lenses for left and right mirror Mfg. Offered: P1'1 _ 15 1 EA Whelen 100 watt flat speaker with vehicle specific mounting bracket or Equal Mfg. Offered: �j j Model Offered: e 16 1 EA Tufbox or Truckvault container with combination lock for AR -15 Jq � � �.., Rifle or Equal Mfr. Offered: l �V _ ,► 4 C.cn� S Model Offered: -- l' '1 i 4 e Le I e-, ��11 TOTAL BID OFFER FOR GROUP 4 (ITEMS 1 -16): $� S V MARKED,K -9 UNIT ; CHEVROLET TAHOE (Written Amount) Group 5 (Items 1 through 10) - STANDARD EQUIPMENT FOR UNMARKED VEHICLE - DODGE CHARGER (Qty 1) Price quoted for each item listed will be the installed price, inclusive of all costs. Item No. Estimated Q • Description Unit Cost with Installation Extended Total 1 1 EA Whelen front upper split inner edge for Charger or Equal. Must be all -7q blue LED's with clear lenses. Unit is comprised of 8 super LED pods each containing 6 LED diodes and 2 white LED takedown li hts. (forward facing) Mfg. Offered: P1'1 Model Offered: .77ZO -7Ur f 25 BID TITLE: Outfitting of Police Vehicles (Lighting & Accessories) BID NUMBER: 11(06)- 01- 01- 01 -19 -W 2 1 EA Whelen 6 -LED Inner -Edge all blue light bar (rear facing) or Equal for 05 636 Dodge Charger. Must be blue LED's with clear lenses. Model must be comprised of 6 super LED pods each containing 6 LED diodes. Mfg. Offered: CU f 1e�ln Model Offered: X71 P.6 i- 3 1 EA (two per Sound -Off Signal Predator 2 blue/blue LED with clear lenses or car) Equal. Two per car Mfg. Offered: Model Of ered: 13 P� 4 EA (four per Whelen Vertex single, 2 clear, 2 red . I 310 car) Mfr. Offered: CAe I e n Model Offered: _ C map , _ 5 1 EA (four per car) Whelen LINZ6 blue (2 for grill, 2 for license plate with mounting brackets) blue leds, clear lens or 99 q- Equal. Lighthead must have a minimum LED diode count of 6. Mfr. Offered: Model Offered: en _ + TO- r c 6 1 EA (One pair Whelen 4" and LED lighthead. for Dodge Charger. Clear lens with of two per blue LED's. Must include car) mounting bracket for Dodge Charger. Mfr. Offered: W h e I eQ Model Offered: Fe W_G3 7 1 EA Solid State headlight flasher with vehicle specific plu or E ual Mfg. Offered: � l l eoj Model Offered: U d ff (5d, BID TITLE: Outfitting of Police Vehicles (Lighting & Accessories) BID NUMBER: 1 I(06)- 01- 01- 01 -19 -W 8 1 EA Whelen hand -held siren HHS2200 or Equal Mfr. Offered: -S a� , Extended Total 1 2 EA Whelen' front upper split Inner Model Offered: e �'►'j 9 1 EA Whelen Siren Speaker with mounting bracket or Equa Mfr. Offered: (IJ e e, Y? / LED's with clear lenses. Unit is Model Offered: comprised of 8 super LED pods each containing 6 LED diodes and 10 1 EA Tuflock lock box with combination lock for AR -15 Rifle or Equal 2 white LED takedown lights. 73 Mfr. Offered: I c>- I b(� C (forward facing) Model Offered: Mfg. Offered: Cool TOTAL BID OFFER FOR GROUP 5 (ITEMS 1 -10): $ 3,9 J �, 1 Car U D D CHARGER .--- (Written Amount) f Group 6 (Items 1 through 10) — STANDARD EQUIPMENT FOR UNN Lk KED VEHICLE —CHEVY IMPALA (Qty 2) Price quoted for each item listed will be the installed price, inclusive of all costs. Item No. Estimated Qty. Description Unit. Cost with Installation Extended Total 1 2 EA Whelen' front upper split Inner Edge if available. Must be all blue LED's with clear lenses. Unit is comprised of 8 super LED pods each containing 6 LED diodes and 2 white LED takedown lights. (forward facing) Mfg. Offered: Cool Model Offered: 7 U 27 BID TITLE: Outfitting of Police Vehicles (Lighting & Accessories) BID NUMBER: 11(06)- 01- 01- 01 -19 -W 2 2 EA Whelen rear lower Inner Edge if available for Chevy Impala or Equal. Blue LED's with clear lenses. Model must be comprised of 6 super LED pods each containing 6 LED diodes. (rear facing) Mfg. Offered: Model Offered:. 10 6 L P, 6 L 3 2 EA Sound -Off Signal Predator 2 CL-- (one pair) blue/blue LED or Equal. Blue LED's clear lenses. Two per car Mfg. Offered: (j4v. I et-7 hod bC°� Model Offered: / _ pa 8r 44 6 le 4 EA Whelen V rtex single, 4 clear, 2 red (six per car) Mfr. Offered: �L \L to Model Offered: 117)r'60 9 5 4 EA Whelen LINZ6 blue LED with S �f (four per clear lense (2 for grill, 2 for license / car) plate bracket with mounting brackets) or Equal. Lighthead must have a minimum LED diode count of 6. I Mfr. Offered: tA i° r e 0 Model Offered: z6 �1 Cr Q r j�,�, 7 1 EA Solid State headlight flasher with vehicle specific or plug �qual Mfg. Offered: F'/) Model Offered: U H _ 0 8 1 EA Whelen hand -held siren HHS2200 or Equal 4 5 n n �7 Mfr. Offered: Model Offered: �r 9 1 EA Whelen Siren Speaker with / / `]' 1 t j q 6 mounting bracket or Equ f " — Mfr. Offered: e, Model Offered: S 28 . -. BID TITLE: Outfitting of Police Vehicles (Lighting & Accessories) BID NUMBER: 11(06)- 01- 01- 01 -19 -W 10 1 EA Tuflock lock box with combination PERCENTAGE DISCOUNT CURRENT lock for AR -15 Rifle or E ual PUBLISHED Mfr. Offered: j Lock LIST PRICE Whelen Engineering 860 - 526 -9504 Model Offered:�� /� TOTAL BID OFFER FOR GROUP 6 (ITEMS 1 -10): $ RKED CHEVY IMPALA ` o� ee� 7-vPK 11 C (Written Amount) C' 0 . ras tj��, On � l� A �I � cC1 " V Di; +e i's -Pcr / C.MWP1,- f t M' `L Vendor shall indicate an HOURLY RATE for installation of ancillary items from the n listed below as required by the City of Sunrise. HOURLY RATE: A!3 qf ,7 Vendor shall indicate on the following portion of the bid sheet the % discount off of th- { prices for the balance of line for each manufacturer listed. If no discount is available manufacturers' lines, 0% should be listed in the space provided. No spaces for discoui left blank. MANUFACTURER PUBLISHED DATE OF LIST PRICES EXPIRATION DATE OF PERCENTAGE DISCOUNT CURRENT OFFERED PUBLISHED LIST PRICE Whelen Engineering 860 - 526 -9504 Sound -Off Signal 800 - 338 -7337 / (' /! dD /l c� Jotto Desk 877 -455 -6886 0// goo y STiU- 606D () Pro -Gard Products 800 - 480 -6680 /� A01 ( Q(P O/ // / � � Havis, Inc. 800 - 524 -9900 (7LP % d w ) % / / 1 i Radiotronics Inc. 561- 746 -0935 /� Qu 5 &- ,3D 6 ®P / Setina Manufacturing 800 - 426 -2627 0(1P1,911;010 Installation and Delivery to the City of accessorized vehicles will be mutually agreed upon between the awarded vendor and the City of Sunrise designated authorized Police Department representative. w BID TITLE: Outfitting of Police Vehicles (Lighting & Accessories) BID NUMBER: 11(06)- 01- 01- 01 -19 -W If applicable, would you extend the prices bid herein to other municipalities? Award of bid is not contingent upon concurrence with this offer to other municipalities. Yes: X No: ADDENDUM RECEIPT Bidder shall acknowledge below the receipt of any and all addenda, if any, by listin e Addenda No. and date of issuance. ADDENDUM NO: /DATE ADDENDUM NO: /DATE ADDENDUM NO: /DATE ADDENDUM NO: /DATE k-us1 '1 li6r) //1 Vendor Name Name of Authorized Person I, the undersigned hereby agree to furnish the items and / or services described in this Invitation for Bid. I certify that I have read the entire document, including the Specifications, Requirements, Terms & Conditions and Schedules, and agree to furnish the items and services under the requirements of the Bid. I also certify that this Bid is submitted without prior understanding, agreement, or connection with any corporation, firm or person submitting a Request for Submittal for the same materials, services, and supplies and is in all respects fair and without collusion or fraud. The Respondent certifies by his /her signature that the person signing this Certification is authorized to bind the firm by their signature. Company Name: .� i j^�j ` ' u's Zip -3 � �7 y ?Z ^% -?7E -Mail % �S - /- cS Printed Name: FEID or Social Security No. ok-1) 7g �j t� SOCIAL SECURITY NUMBER COLLECTION DISCLOSURE STATEMENT Please be advised that pursuant to Section 119.071(5) (a) 2.a., Florida Statutes, the City of Sunrise ( "City ") discloses that the City requests your social security number for the purpose of payroll eligibility verification, processing employment benefits, income reporting, tax reporting, background checks on employee applicants, advisory board applicants and other City program volunteers. Social security numbers are also used as a unique numeric identifier and may be used for search purposes. 30 /291, BID TITLE: Outfitting of Police Vehicles (Lighting & Accessories) BID NUMBER: 11(06)- 01- 01- 01 -19 -W SCHEDULE "B" CITY OF SUNRISE NON - COLLUSION AFFIDAVIT This affidavit is to be filled in, executed and notarized by the Bidder. If the bid is made by a Corporation, then it should be executed by its Chief Officer. This document MUST be submitted with the bid. STATE OF F ,or iC0�, ) 1 ) SS COUNTY OF Bra � a ) }� C , being first duly sworn, deposes and says that (Type or print name of person who is signing below) '- I 1. He /she is the O C. t=, (Owner, Partner, Officer, Representative or Agent) of the Bidder that has submitted the attached Bid. 2. He /she is fully informed with respect to the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid. 3. Said bid is made without any connection or common interest in the profits with any other persons making any bid or proposal for the said commodities /services..Said bid is on our part in all respects fair and without collusion or fraud. 4. No head of any department, any employee or any officer of the City of Sunrise is directly or indirectly interested therein. If any relatives are employed by the City, indicate name and relationship below. Name: A,10 Relationship: Name: ��/V (.= Relationship: Company Name: Bidders' Authorized Signature: Subs �ibed and �o bearme this' day of C-AS ON (Print, Type or Stamp name of Notary Public) Personally known or Produced I.D. Type and number of T.D. u!-t/� �L D� # — 71 -167aO XDid take an oath, or Did not take an oath 31 20_R_ tu►vpu`!,, JASON �• * m� W�nINSM1�i/[J� EXPIRES: BID TITLE: Outfitting of Police Vehicles (Lighting & Accessories) BID NUMBER: 11(06)- 01- 01- 01 -19 -W SCHEDULE "C" CITY OF SUNRISE VENDOR DRUG - FREE STATEMENT Preference may be given to Vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL SUBMISSIONS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids, proposals or replies which are equal with respect to price, quality, and service are received by the State or 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. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or Contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or Contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of 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. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this Vendor complies fully with the above requirements. I hereby certify that the company submitting this proposal ha /fblished a Drug Free work place program in accordance with State Statute 287.087 % .P . vs 32 BID TITLE: Outfitting of Police Vehicles (Lighting & Accessories) BID NUMBER: 11(06)- 01- 01- 01 -19 -w COMPANY'S NAME SCHEDULE "D" CITY OF SUNRISE VENDOR QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Name of Company] C ob c-_ Address: Street r City ( J ` State V Zip Code Telephone: 7 �^ � ax:(�V 9 . �b 7� -Mail: How many years has your organization been in business under its present name? ` Yrs f-C 330 If Bidder is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: A ,L_ Under what former names has your business operated? : Xl � At what address was that business located ?50JW � Are You Licensed? Ye3(— No If Yes, ATTACH COPY OF LICENSE Has your company or its senior officers ever declared bankruptcy? Yes No__>!� If yes, explain: Are you a sales representative, distributor, broker, manufacturer of the commodities /services bid upon? Have you ev r received a Contract or a Purchase Order from the City of Sunrise or other government enntttity'? Yes No If Yes explain (date, service/project, bi titl , e c.) Have you ever recoqy9d a complaint on a Contract or bid awarded to you by any government entity? Yes No T if yes, explain: Have you ever keSA debarred or suspended from doing business with any government entity? Yes No If Yes, explain Please identify each incident within the last five (5) years where a civil, criminal, administrative, other similar proceeding was filed or is pending; if such proceeding arises from or is a dispute concerning the Consultant's rights, remedies or duties under a Contract for the same or similar type services to be provided under this Bid: , 33 ec%"'-� CENTRAL SERVICES DEPARTMENT Purchasing Division January 22, 2013 Strobes —R -Us Mr. Tom Hanina, President 812 S. Dixie Highway West Pompano Beach, FL 33060 Re: Bid No. 11(06)- 01- 01- 01 -19 -W Bid Title: Outfitting Police Vehicles (Lighting and Accessories) Dear Mr. Hanina, Phone: (954) 572 -2274 Fax: (954) 572 -2278 The initial contract period for the above referenced contract will expire on April 11, 2013. The Bid contains a provision that allows the City to renew the initial contract for two, additional one (1) year optional renewal periods under the same terms, conditions and specifications. The City wishes to exercise the first renewal option for the period from April 12, 2013 through April 11, 2014. Please sign, date and return this notice to fax number 954 -572 -2778 and mail the hard copy to the City of Sunrise, Purchasing Division 1601 NW 136 Ave., Building A, Suite 101, Sunrise, FL 33323. If I can be of further assistance, please do not hesitate to contact me at 954 -572 -2485. Sincerely, Wendy Lorenzo, CPPB Purchasing Specialist We hereby acknowledge that the above contrac is,. ` newed for one year commencing, April 12, 2013 through April 11, 2014. f ,. ; Signature: 10770 West Oakland Park Boulevard • Sunrise, Florida 33351 :•6 So E 4q-US STROBES -R -US INC 812 S DIXIE HWY WEST POMPANO, FL 33060 Name / Address CITY OF DELRAY BEACH 434 S. SWINTON AVE DELRAY BEACH, FL 33444 Official Estimate Ship To CITY OF DELRAY BEACH ATTN: KEVIN RUMELL 434 S. SWINTON AVE DELRAY BEACH, FL 33444 Date Estimate # 3/25/2013 6048 Item Description Qty Rate Total 954- 946 -9677 FORD INTERCEPTOR SEDAN. THIS ESTIMATE IS BASED ON THE WWW.STROBES- R- US.NET CITY OF SUNRISE CURRENT AND PIGGYBACKABLE CONTRACT NUMBER * ** *SUNRISE BID 11(06) - 01 - 01 - 01 - 19 - W * * * ** LIBLED50PREMI... 49.75" WHELEN LFL LIBERTY LIGHTBAR PREMIUM VERSION. BAR 1 1,189.44 1,189.44 FEATURES ALUMINUM TOP CONSTRUCTION FOR DURABILITY. CLEAR OUTER LENSES, BAR HAS CRUISE LIGHT MODE, LED TAKEDOWN MODULES, LED ALLEY LIGHT MODULES, ARROW FUNCTIONS, LOW POWER FUNCTIONS. BAR FEATURES EXTENDED CORNER MODULES WITH 12 LED'S IN EACH HEAD AND ELEVEN PREMIUM LIGHTHEADS WITH 6 LED'S IN EACH HEAD. LIST $2065.00 CCSRN3 +CCMIC... CENCOM SAPPHIRE WITH MIC AND EXTENSION CABLE LIST 1 568.51 568.51 $987.00 HOWLER WHELEN HOWLER LOW TONE SIREN AMP WITH 2 SPEAKERS LSIT 1 417.60 417.60 $725.0 SA315P ABS SIREN SPEAKER 100 WATT WHELEN SLIMLINE WITH 1 159.55 159.55 BRACKET LIST 277.78 SAK39 WHELEN SA315P SPEAKER BRACKET FOR Ford Taurus 2010 -2012, and 1 20.73 20.73 Police Interceptor 2013 LIST $36.00 VTX609* WHELEN LED CORNER STROBE MODULE. ONE RED BLUE SPLIT IN 8 73.15 585.20 EACH HEADLIGHT, ONE RED BLUE SPLIT IN EACH REVERSE LIGHT, ONE RED IN EACH BRAKE LIGHT, TWO RED BLUE SPLIT IN TRUNK LID. LIST $127.00 VTXFB VERTEX SURFACE MOUNT BLACK FLANGE FOR THE TWO LIGHTS 2 4.89 9.78 IN THE TRUNK LIST $8.50 ENFSWS4BRW NFORCE SOUNDOFF LED DECK LIGHT WITH SHROUD. RED /BLUE 2 161.00 322.00 FLASH WHITE OVERRIDE LIST $230.00 Thank you for your business. If you have any questions regarding this estimate, please call 954- 946 -9955 Signature Subtotal Sales Tax (6.0 %) Total Phone # Fax # E -mail Web Site 954- 946 -9955 954- 946 -9677 SALES @STROBES- R- US.NET WWW.STROBES- R- US.NET Page 1 :•6 So E 4q-US STROBES -R -US INC 812 S DIXIE HWY WEST POMPANO, FL 33060 Name / Address CITY OF DELRAY BEACH 434 S. SWINTON AVE DELRAY BEACH, FL 33444 Official Estimate Ship To CITY OF DELRAY BEACH ATTN: KEVIN RUMELL 434 S. SWINTON AVE DELRAY BEACH, FL 33444 Date Estimate # 3/25/2013 6048 Item Description Qty Rate Total ECPNTKFIBRB RED /BLUE SOUNDOFF INTERCECTOR LIGHT BUBBLE STYLE FOR 1 367.50 367.50 INTERCEPTOR SEDAN LIST $525.00 IONSM* WHELEN ION LED LIGHTHEAD SURFACE MOUNT (RED /BLUE) FOR 2 99.07 198.14 SIDE OF PUSH BUMPER LIST $172.00 ECVDMLT2AL00 WHITE/RED LED DOME LIGHT CLEAR LIST $81.00 1 56.70 56.70 CA -0211 FLOOR MT PENTAX PRINT ARM REST LIST $235 1 159.80 159.80 LT -5200 FLOOR PLATE MOUNTED LAPTOP STAND WITH SPRING LOADED 1 224.23 224.23 RISER LIST 329.75 907 -0175A TILT ADAPTER TO MOUNT TO TOP OF LT -5200 LIST $57.00 1 38.76 38.76 CA- 0117 -L WE WILL REMOVE BOTH PLASTIC CUP HOLDERS FROM THIS 1 23.80 23.80 MOUNT AND SECURE THEM TO THE FLOOR PLATE LIST $35 DS- PAN -111 -1 DSPANI I I HAVIS DOCKING STATION FOR PANASONIC CF30 CF31 1 673.00 673.00 LIST $989.72 LPS -104 POWER SUPPLY FOR DS- PAN -111 DOCK LIST $214.82 1 146.07 146.07 932 -0026A INTERCEPTOR SEDAN PASSENGER SIDE FLIP DOWN DOOR TO 1 227.80 227.80 MOUNT ALL ELECTRONICS SECURELY IN TRUNK. DOOR CAN LOCK AND A KEY WILL BE PROVIDED. LIST 335.00 PSSP3604INT13A PRO -GARD SPACE SAVER PLUS CAGE WITH MORE LEG ROOM 1 543.20 543.20 BEHIND PASSENGER SEAT. INCLUDES RECESS POCKET AND LOWER EXTENSION PANELS. LIST $776.00 S361NT13 PRO -GARD ABS REAR TRANSPORT SEAT FOR FORD INTERCEPTOR 1 317.10 317.10 SEDAN LIST $453.00 SS0002 SAFETY STOP MODULE FOR INTERCEPTOR SEDAN TAURUS 1 115.50 115.50 POLICE PRO -GARD $ 165.00 PB361NT13 FORD SEDAN INTERCEPTOR PUSH BUMPER PRO GARD $260.00 1 182.00 182.00 D6* DOMINATOR 6 POD WARNING ONLY LED STICK MOUNTS TO PUSH 1 292.03 292.03 BUMPER RED/BLUE LIST $507.00 CG -X NEW STYLE CHARGE GUARD POWER TIMER LIST $99.00 1 69.30 69.30 Thank you for your business. If you have any questions regarding this estimate, please call 954- 946 -9955 Signature Subtotal Sales Tax (6.0 %) Total Phone # Fax # E -mail Web Site 954- 946 -9955 954- 946 -9677 SALES @STROBES- R- US.NET WWW.STROBES- R- US.NET Page 2 :•6 So E 4q-US STROBES -R -US INC 812 S DIXIE HWY WEST POMPANO, FL 33060 Name / Address CITY OF DELRAY BEACH 434 S. SWINTON AVE DELRAY BEACH, FL 33444 Official Estimate Ship To CITY OF DELRAY BEACH ATTN: KEVIN RUMELL 434 S. SWINTON AVE DELRAY BEACH, FL 33444 Date Estimate # 3/25/2013 6048 Item Description Qty Rate Total C -LP -2 140553 THREE OUTLET CIGAR BLOCK LIST $29.40 1 20.58 20.58 C -HK -LP SINGLE CIGAR LIGHTER WITH CAP LIST $24.15 1 16.422 16.42 SHIPPING VIA U... PER CONTRACT. WHELEN AND SOUNDOFF IS FREE SHIPPING. 1 162.42 162.42 CUSTOMER PAYS FREIGHT ON HAVIS AND PROGARD (CAGES, CONSOLE, SEAT, PUSH BUMPER ETC). FREIGHT PER ONE COMPLETE CAR IS Thank you for your business. If you have any questions regarding this estimate, please call 954- 946 -9955 Signature Subtotal Sales Tax (6.0 %) Total Phone # Fax # E -mail Web Site 954- 946 -9955 954- 946 -9677 SALES @STROBES- R- US.NET WWW.STROBES- R- US.NET Page 3 :•6 So E 4q-US STROBES -R -US INC 812 S DIXIE HWY WEST POMPANO, FL 33060 Name / Address CITY OF DELRAY BEACH 434 S. SWINTON AVE DELRAY BEACH, FL 33444 Official Estimate Ship To CITY OF DELRAY BEACH ATTN: KEVIN RUMELL 434 S. SWINTON AVE DELRAY BEACH, FL 33444 Date Estimate # 3/25/2013 6048 Item Description Qty Rate Total INSTALL INSTALL LIGHTBAR ON ROOF, PUSH BUMPER, 6 POD STICK RED 26.5 49.00 1,298.50 BLUE UPPER BUMPER FORWARD, ONE ION RED /BLUE EACH SIDE OF BUMPER, ONE RED /BLUE VERTEX LED IN EACH HEADLIGHT, SPEAKER, DUAL SPEAKER HOWLER SYSTEM, RED /BLUE SPLIT BUBBLE STYLE SOUNDOFF INTERSECTOR LED'S, TWO RED/BLUE SPLIT SINGLE SOUNDOFF LIGHTS ON REAR DECK, ONE RED/BLUE SPLIT VERTEX LED IN EACH REVERSE HOUSING, ONE RED VERTEX LED IN EACH BRAKE HOUSING, TWO RED /BLUE SPLIT VERTEX LED'S IN TRUNK WITH ON /OFF SWITCH, SIDE MOUNTED ELECTRONICS TRAY DOOR WITH CENCOM SAPPHIRE SIREN, 6 OUTLET FUSE BLOCK, CHARGE GUARD TIMER DEVICE, BREAKER, CAMERA SYSTEM MOUNTED TO IT. LAPTOP MOUNT WITH TOP PIVOT ADAPTER, DOCKING STATION WITH NO ANTENNA PORTS, TWO SINGLE CUP HOLDERS, PENTAX FLOOR MOUNTED ARM REST, THREE OUTLET CIGAR PLUG ON FLOOR PLATE, FLASHLIGHT ON FLOOR PLATE, RADIO BATTERY CHARGER, SAFE STOP SYSTEM WITH SWITCH TO LEFT OF STEERING WHEEL, LED DOME LIGHT, PARTITION WITH RECESS POCKET AND CENTER SLIDING LEXAN WINDOW, SANTA CRUZ GUN LOCK HORIZONTAL ABOVE CAGE, SIDE DOOR PANELS ON REAR DOORS, REAR ABS SEAT, INSTALL SINGLE CIG OUTLET ON DASH POCKET FOR RADAR. $49.00 PER HOUR FOR LABOR. INSTALL INSTALL ARBITRATOR CAMERA SYSTEM $49.00 PER HOUR 5 49.00 245.00 THE FOLLOWING ARE CUSTOMER REQUESTED A -LA -CARTE TYPE ITEMS. (NON CONTRACT) PL- 8060 - 021 -110 PELICAN 8060 LED FLASHLIGHT WITH CHARGING CRADLE AND 1 139.00 139.00 DC ADAPTER Thank you for your business. If you have any questions regarding this estimate, please call 954- 946 -9955 Signature Subtotal Sales Tax (6.0 %) Total Phone # Fax # E -mail Web Site 954- 946 -9955 954- 946 -9677 SALES @STROBES- R- US.NET WWW.STROBES- R- US.NET Page 4 :•6 So E 4q-US STROBES -R -US INC 812 S DIXIE HWY WEST POMPANO, FL 33060 Name / Address CITY OF DELRAY BEACH 434 S. SWINTON AVE DELRAY BEACH, FL 33444 Official Estimate Ship To CITY OF DELRAY BEACH ATTN: KEVIN RUMELL 434 S. SWINTON AVE DELRAY BEACH, FL 33444 Date Estimate # 3/25/2013 6048 Item Description Qty Rate Total * WINDOW TINT, NON METALLIC 3M 1 135.00 135.00 * SC- 934 -5 -A GUN LOCK SANTA CRUZ. HORIZONTAL TO MOUNT TO 1 198.00 198.00 UPPER CAGE. EFB30 -5025 BLUE SEAS DISTRIBUTION BLOCK WITH 6 POSITIONS 1 39.95 39.95 18507OF 70 AMP BUSSMAN BREAKER RESET WATERPROOF 1 27.00 27.00 * RADIO BATTERY CHARGER RLN4884B 1 84.00 84.00 Thank you for your business. If you have any questions regarding this estimate, please call 954- 946 -9955 Signature Subtotal $9,273.61 Sales Tax (6.0 %) $0.00 Total $9,273.61 Phone # Fax # E -mail Web Site 954- 946 -9955 954- 946 -9677 SALES @STROBES- R- US.NET WWW.STROBES- R- US.NET Page 5 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Victor Majteyni, Interim Director of Environmental Services THROUGH: Douglas E. Smith, Interim City Manager DATE: March 22, 2013 SUBJECT: AGENDA ITEM 9.M.3 - REGULAR COMMISSION MEETING OF APRIL 2, 2013 BID AWARD /UNIOUE TRANSPORTATION ITEM BEFORE COMMISSION The item before the City Commission is that of approving the award of RFP 2013 -022 for the provision of Trolley service operations. BACKGROUND From the inception of the City's Downtown Roundabout free transportation service, consensus has been that trolley style vehicles would be most appropriate, complementing the City's "Village by the Sea" image. Through grant funding from the Florida Department of Transportation and the Community Redevelopment Agency, the City has purchased three, (3) new trolley style vehicles, from Specialty Vehicles, Inc., to replace the system's mini shuttle buses. The Request for Proposal #2013 -022 for a service provider, is a three, (3), year term with two (2) one -year renewals at the mutual consent of the parties. Criteria for the award was based on hourly rate, similar experience, financial stability, and location of operator's facility in proximity to the City. The current provider, Quality Transportation Services, Inc., has been operating on a month to month extension of its agreement, since the inception of fiscal year 2012/13, while the trolley purchase and bid process for an operator was conducted. Advertised in December 2012, the bid yielded two (2) responses. Quality Transport Service, Inc. and Unique Transportation, proposing the respective hourly rate of $38.00 and $32.00 per hour, with each proposing incremental hourly increases for years two (2), through five, (5) of the agreement. Price quotes are attached for your review. A review committee, comprised of Randal Krejcarek, City Engineer, Scott Aronson, Parking Facilities Manager, Cheryl Hoaglund, Accounting Clerk, Diane Colonna, CRA Director and Jeff Costello, CRA Assistant Director, was convened to review the responses. The final tally was three votes tied, and 2 votes in favor of Unique Transportation. The estimated annual cost based on current hours of service is $247,104 for the Unique Transportation proposal which is funded by the CRA and MOT grant funding. FUNDING SOURCE 001- 3151 - 545.34 -90 (General Fund: Other Contractual Services) RECOMMENDATION By motion, award RFP 2013 -022 to Unique Transportation. 2/21/2013 Page 1 Tab RFP #2013- 22.xls CITY OF DELRAY BEACH RFQ #2413 -22 TRANSPORTATION SERVICE PROVIDER TROLLEY ROUTES CITY OWNED TROLLEY FLEET YEAR QUALITY TRANSPORT SERVICES, INC. UNIQUE TRANSPORTATION & TOURS, LLC 1 HOURLY RATE $ $ 38.00 38.00 $ $ 32.00 34.00 ADDITION HOURS EMERGENCY VEHICLE $ 38.50 $ 65.00 2 HOURLY RATE S $ 39.50 39.50 $ $ 33.00 3600 ADDITION HOURS EMERGENCY VEHICLE $ 38.50 $ 70.00 3 HOURLY RATE $ $ 41.50 41.50 $ $ 34.00 38.00 ADDITION HOURS EMERGENCY VEHICLE $ 38.50 $ 75.00 4 HOURLY RATE $ $ 43.25 43.25 $ $ 35.00 40.00 ADDITION HOURS EMERGENCY VEHICLE $ 38.50 $ 80.00 5 HOURLY RATE $ S 45.00 45.00 $ $ 36.00 42.00 ADDITION HOURS EMERGENCY VEHICLE S 38.50 $ 85.00 FEE COLLECTION EQUIPMENT $7,500.00 Model to be approved & ( If Required ) (+/-) determined by City FEE COLLECTION ADMINISTRATION ( Hourly) $2.00 Additional Per Hour Included in contract hourly cost. ADDENDUM ACKNOWLEDGED (182) YES YES 2/21/2013 Page 1 Tab RFP #2013- 22.xls T N N O U N O O Q N N a O Q N N O N O U_ T N Y N N M O LL LL m E F d F w O F a` a 0 CITY OF DELRAY BEACH 100 NW 1 %' AVENUE, DELRAY BEACH, FL 33444 RFP No. 2013 -22 TRANSPORTATION SERVICE PROVIDER TROLLEY ROUTES CITY OWNED TROLLEY FLEET MAYOR VICE MAYOR DEPUTY VICE MAYOR COMMISSIONER COMMISSIONER INTERIM CITY MANAGER - THOMAS F. CARNEY, JR. - ADAM FRANKEL - ANGELETA GRAY - AL JACQUET - CHRISTINA MORRISON - DOUGLAS E. SMITH Purchasing Division* Finance Department ♦(S61) 243- 7161/7163 ♦Fax (561) 243 -7166 RFP #2013 -22 TRANSPORTATION SERVICE PROVIDER TO OPERATE TROLLEY ROUTES USING CITY OWNED TROLLEY FLEET TABLE OF CONTENTS COVER PAGE TABLE OF CONTENTS GENERAL INFORMATION PAGE # 1-2 1 -1 Definitions 3 1 -2 Purpose 3 1 -3 Proposal Submission and Withdrawal 3 1 -4 Contract Awards 4 1 -5 Development Costs 5 1 -6 Inquiries 5 1 -7 Timetables 6 1 -8 Delays 6 1 -9 Addenda 6 1 -10 News Releases 6 1 -11 Licenses 6 1 -12 Public Entity Crimes 7 1 -13 Code of Ethics 7 1 -14 Drug Free Workplace 7 1 -15 Financial Solvency 7 2 -1 City Contact 8 2.2 Cone of Silence 8 3 -1 Rule For Proposals 9 3 -2 Final Selection 9 3 -3 Right To Reject Proposals 9 3 -4 Proposal Worksheet 9 3 -5 Acknowledgement of Addenda 10 STANDARD FORM OF AGREEMENT (Sample) 11 -18 4.0 Scope of Services 18 4.1. Service Operations 18 4.1.1 Training 18 4.1.2 Non Scheduled Stops 19 4.1.3 Vehicle Breakdown 19 4.1.4 Vehicle Operators 19 4.1.5 Late Trains 20 4.2 Code of Conduct 20 4.3 Employees and Sub - vendors 21 4.4 Operations and Management Supervision 21 4.5 Experience 21 4.6 Rolling Stock 21 4.6.1 ADA Access 22 4.7 Vehicle Maintenance Plan and Practice 22 4.7.1 Daily Inspections 22 4.7.2 Air Conditioner Standards 23 4.7.3 Cleaning 23 4.8 Reporting and Recordkeeping Requirements 23 4.9 Service Modifications 24 4.10 Customer Service 25 4.11 Marketing 25 4.12 Advertising 25 4.13 Damage to Property 25 4.14 Incorrect Procedures, Practices and Repairs 25 4.15 Project Manager 26 4.16 Vehicle Operator Responsibilities 26 4.17 Communication 27 4.18 Insurance 27 4.19 Pricing 27 4.20 Fees 27 4.21 Contract Period 27 4.22 Selection Process 28 EXHIBIT "A" Routes 1 &2 29 EXHIBIT "B" Indemnification & Insurance Requirements 30 EXHIBIT "C" Financial Solvency Requirements 35 RFP Signature Form 36 Statement of No Bid 37 References 38 Quotation Page 39 CITY OF DELRAY BEACH GENERAL INFORMATION RFP #2013 -22 TRANSPORTATION SERVICE PROVIDER TO OPERATE TROLLEY ROUTES, USING CITY OWNED TROLLEY FLEET 1 -1 DEFINITIONS For the purposes of this Request for Proposal, "VENDOR" shall mean contractors, consultants, vendors, proposers, organizations, firms, or other persons submitting a response to this Request for Proposals. 1 -2 PURPOSE This Request for Proposal, RFP #2013 -22 — Transportation Service Provider To Operate Trolley Routes Within The City Of Delray Beach City Limits Using City Owned Trolley Fleet provides for the successful VENDOR to operate various trolley routes within the CITY of Delray Beach CITY Limits as shown in attached exhibits. The initial term shall be for a three (3) year period with the option to renew for two (2) additional one year periods. Estimated costs shall be provided in hourly increments and extended annually for years one (1) through five (5) for a potential total contract period of five (5) years for these services. Please note, failure of the CITY to secure funding may result in cancellation of the agreement, included herein, or as may be amended. 1 -3 PROPOSAL SUBMISSION AND WITHDRAWAL The CITY will receive proposals at the following address: CITY OF DELRAY BEACH PURCHASING OFFICE CITY HALL 100 N.W. 1St Avenue Delray Beach, Florida 33444 To facilitate processing, please clearly mark the outside of the proposal package as follows: "SEALED PROPOSAL FOR TROLLEY SERVICES FOR THE CITY OF DELRAY BEACH,— RFP #2013 -22" and also include the date of the opening. The package must also include the VENDOR'S return address. VENDORS shall submit one (1) original and six (6) copies of the proposal in a sealed, opaque package marked as noted above. The VENDOR will be responsible for timely delivery, whether by personal delivery, US Mail or any other delivery medium. 3 THE CITY MUST RECEIVE ALL PROPOSALS BY 3:00 P.M. ON Thursday, February 21, 2013 The CITY cautions VENDORS to assure actual delivery of mailed or hand - delivered proposals directly to the CITY'S Purchasing Office at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, 33444 prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (561) 243 -7163, before proposal closing time. Any proposal received after the established deadline will not be considered and will be returned unopened to the VENDOR(S). VENDORS may withdraw their proposals by notifying the CITY in writing at any time prior to the deadline for proposal submittal. After the deadline, the proposal will constitute an irrevocable offer, for a period of 90 days. Once opened, proposals become a record of the CITY and will not be returned to VENDORS. Upon opening, proposals are subject to public disclosure consistent with Chapter 119, Florida Statutes. VENDORS must invoke exemptions to disclosure provided by law in the response to the RFP, and must identify the data or other materials to be protected, state the reasons why such exclusion from public disclosure is necessary and the legal basis for such exemption. 1 -4 CONTRACT AWARDS The CITY anticipates entering into an agreement with the VENDOR who submits the proposal judged by the CITY to be most advantageous to the CITY. The CITY anticipates awarding one agreement but reserves the right to award more than one if in the best interest of the CITY. The VENDOR understands that this RFP does not constitute an offer or an agreement with the VENDOR. An offer or agreement shall not be deemed to exist and is not binding until proposals are reviewed by appointed staff, the best proposal has been identified, approved by the appropriate level of authority within the CITY, and executed by all parties. A sample Agreement is attached to this RFP. The CITY anticipates that the final agreement will be in substantial conformance with this Sample Agreement; nevertheless, VENDORS are advised that any Agreement that may result from awarding the RFP may deviate from the Sample Agreement. The CITY reserves the right to reject all proposals, abandon the project and/or solicit and re- advertise for other proposals. The CITY reserves the right to cancel the RFP or portions thereof without penalty. The CITY reserves the right to waive any irregularities and technicalities and may, at its sole discretion, request a clarification or other information to evaluate any or all proposals. All terms and conditions of this RFP, any addenda, VENDOR'S submissions, and negotiated terms, are incorporated into the contract by reference as set forth herein. N Document files may be examined during normal working hours ten days after proposals have been opened. The proposal with the highest number of points will be ranked first. The CITY reserves the right to further negotiate any proposal, including price, with the highest rated VENDOR. If an agreement cannot be reached with the highest rated VENDOR, the CITY reserves the right to negotiate and recommend award to the next highest rated VENDOR or subsequent VENDORS until an agreement is reached. 1 -5 DEVELOPMENT COSTS Neither the CITY nor its representatives shall be Gable for any expenses incurred in connection with preparation of a response to this RFP. VENDORS should prepare their proposals simply and economically, providing a straightforward and concise description of the VENDOR'S ability to meet the requirements of the RFP. 1 -6 INQUIRIES Interested VENDORS may contact the CITY's Purchasing Office regarding questions about the proposal at City Hall located at 100 N.W. 1" Avenue, Delray Beach, Florida 33444 — Telephone (561) 243 -7161, by facsimile (561) 243 -7166 or e-mail at Nadal(cmydelraybeach.com. The Purchasing Manager will receive written requests for clarification concerning the meaning or interpretations of this RFP until 4:00 PM on February 7, 2013 (fourteen (14) calendar days) prior to the submittal date. CITY personnel are authorized only to direct the attention of prospective VENDORS to various portions of the RFP so that they may read and interpret such for themselves. No employee of the CITY is authorized to interpret any portion of this RFP or give information as to the requirements of the RFP in addition to what is contained in the written RFP document. The CITY may record its response to inquiries and any supplemental instructions in the form of written addenda. The CITY may mail written addenda up to close of business February 13, 2013, (eight (8) calendar days) before the date fixed for receiving the proposals. VENDORS shall contact the CITY to ascertain whether any addenda have been issued. Failure to do so could result in an unresponsive proposal. Any oral explanation given before the RFP opening will not be binding. All VENDORS are expected to carefully examine the proposal documents. Any ambiguities or inconsistencies should be brought to the attention of the CITY Purchasing Manager, through written communication, prior to the opening of the proposals. 5 1- 7 TIMETABLES The CITY and VENDORS shall adhere to the following schedule in all actions concerning this RFP: A. Advertisement January 23, 2013 B. Available on Demand Star January 24, 2013 C. Mandatory Pre -bid meeting January 31, 2013 D. All written questions and inquiries due by 4:00 P.M. February 07, 2013 E. Proposals due no later than 3:00 P.M. February 21, 2013 F. Review Committee Meeting February 27, 2013 G. City Commission Review (Anticipated) March 12, 2013 H. Start Date (Anticipated) April 01, 2013 The CITY may enter into a contract after obtaining appropriate approvals and conducting negotiations. The CITY will notify all unsuccessful VENDORS upon acceptance of an offer by the selected VENDOR. 1 -8. DELAYS The CITY may delay scheduled due dates if it is advantageous for the CITY to do so. The CITY will notify VENDORS of changes in scheduled due dates by written addenda. 1 -9 ADDENDA If revisions become necessary prior to the Pre -bid meeting, the CITY will provide written addenda to all VENDORS who have received the RFP. Revisions made subsequent to January 31, 2013 will be forwarded to only those who have attended the mandatory Pre -bid meeting. All addenda issued by the CITY will include a receipt form, which must be signed and included with any proposals that are submitted to the CITY. In the event multiple addenda are issued, a separate receipt for each addendum must be included with the proposal at the time it is submitted to the CITY. 1 -10 NEWS RELEASES The VENDOR shall obtain the prior approval of the CITY Manager's Office for any and all news releases and/or other publicity pertaining to this RFP or the service, study or project to which it relates. 1.11 LICENSES VENDORS must furnish satisfactory evidence that they are capable of being licensed, as required to do business in the State of Florida, in Palm Beach County, and in the City of Delray Beach, including but not limited to, licenses required by respective State Boards and other governmental agencies responsible for regulating and licensing the services provided for and performed by the VENDOR. A copy of the license(s) held by the VENDOR must accompany the proposal. Any VENDOR that is not fully licensed and certified shall be rejected. t< 1 -12 PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted VENDOR list following a conviction for a public entity crime, may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a VENDOR, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO (Currently $25,000) for a period of 36 months from the date of being placed on the convicted VENDOR list. 1 -13 CODE OF ETHICS If any VENDOR violates or is a party to a violation of the code of ethics of the CITY of Delray Beach or the State of Florida with respect to this proposal, such VENDOR may be disqualified from performing the work described in this proposal or from furnishing the goods or services for which the proposal is submitted and shall be further disqualified from bidding on any future proposals for work, goods or services for the CITY of Delray Beach. 1 -14 DRUG -FREE WORKPLACE Preference shall be given to businesses with Drug -Free Work Place (DFW) programs. Whenever two or more proposals which are equal with respect to price, quality, and service are received by the CITY for the procurement of commodities or contractual services, a proposal received from a business that completes the attached DFW form certifying that it is a DFW shall be given preference in the award process. Please note reporting requirements in section 4.8 Reporting and Recordkeeping Requirements 1 -15 FINANCIAL SOLVENCY: Submit information that permits an understanding of the Proposer's organizational structure, its members, qualifications, and financial strength. The CITY and or CRA reserve the right to research the background of each principal with respect to both credit and police records. The Proposer must submit a signed consent form Exhibit C, attached herein, as part of the proposal. The following information is required in the submission for this paragraph. a. Description of the legal organizational structure of the Proposer (and its parent entity, if it is a subsidiary). If the Proposer intends to create a separate entity solely for the purpose of developing the proposed project, then each partner or stockholder or member should describe their respective legal organizational structure. b. Identification of the Proposer's principals, partners, officers, or co- venturer(s), including names, addresses, telephone numbers, e-mail addresses, fax numbers and federal business identification numbers. VA c. Information concerning the relevant experience of the Proposer and key project personnel, including a listing and description of past projects. d. A minimum of three (3) professional references. e. In addition, the proposer must include a current (audited, if available) financial statement of the proposing entity which includes a balance sheet, a three -year statement of past income, and a projected one - year income statement for the current fiscal year for the proposer (and its parent entity if it is a subsidiary). If the proposing entity is to be created specifically for the intended project or if the proposing entity is less than three years old, then each partner or stockholder must submit its own financial statement as described above. f. Information regarding any legal or administrative actions, past or pending, that might impact the capacity of the proposer (or its principals or affiliates) to complete the project must be disclosed. Disclosure of any bankruptcies, foreclosures and or other legal actions past or pending by any of the above or related entities during the past ten years must be made with the RFP. g. Provide the potential financial impact of any pending litigation as noted above. h. List all available lines of credit, and their current status, held by the VENDOR and provide a letter(s) from the financial institution holding the line(s) of credit and indicating the amount. Provide a letter from a reputable Banding Agency indicating the maximum bonding capacity available of the proposing entity, or parent company if less than 3 years. 2 -1 CITY CONTACT The CITY contact for this proposal will be Patsy Nadal, Purchasing Manager, 100 N.W. 15t Avenue, Delray Beach, FL 33444 and the telephone number is (561) 243 -7161, or her designee. After Notice to Proceed is issued, all communications and correspondence shall be directed to the Purchasing Manager at the address above. 2 -2 CONE OF SILENCE Bidders are advised that a bidder or anyone representing the bidder cannot communicate with any City Commissioner, or any City employee, other than the City employees located in the Purchasing Department, regarding its bid, i.e., a "Cone of Silence ". The "Cone of Silence" is in effect from the date /time that the bid is placed on "Demandstar" by the City. The "Cone of Silence" will terminate upon the bid opening. N 3 -1 RULES FOR PROPOSALS All proposals must be received no later than 3:00 PM, on Thursday, February 21, 2013. Whether a proposal is transmitted by US Mail or any other delivery medium, the VENDOR(S) will be responsible for its timely delivery. The proposal must name all persons or entities interested in the proposal as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. 3.2 FINAL SELECTION The CITY of Delray Beach will select the firm that meets the best interests of the CITY. The CITY shall be the sole judge of its own best interests, the proposals, and the resulting negotiated agreement. The CITY's decisions will be final. 3 -3 RIGHT TO REJECT PROPOSALS Submission of a proposal indicates acceptance by the firm of the conditions contained in this Request for Proposal unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the CITY of Delray Beach and the firm selected. The CITY of Delray Beach reserves the right, in its sole discretion, to reject any or all proposals. 3.4 PROPOSAL WORKSHEET The undersigned, as VENDOR, hereby declares that the only person or persons interested in the Proposal, as principal or principals, is or are named herein and that no other person than herein mentioned has any interest in the Proposal or the Contract to which the work pertains; that this Proposal is made without connection or arrangement with any other person, company, or parties making a proposal and that the Proposal is in all respects fair and made in good faith without collusion or fraud. The VENDOR further declares that he has examined the Contractual Documents, including the Advertisement, Invitation for Proposals, Proposal, Technical Specifications, Draft Contract, and has read all addenda prior to the opening of proposals, and is satisfied fully relative to all matters and conditions with respect to the work to which this Proposal pertains. The VENDOR proposes and agrees, if this Proposal is accepted, to contract with the CITY of Delray Beach in the form of a contract specified by the CITY, to furnish all necessary materials, all equipment, supplies Licenses, and labor necessary to complete the work specified in the Proposal and the Contract, and called for by the Specifications and in the manner specified. 9 The hereby undersigned representative of the VENDOR certifies that they are an authorized representative of the VENDOR who may legally bind the VENDOR: *SIGNATURE: Name: Company: Address: CITY: Printed Legally registered name Title: State: Zip: Telephone No: Fax No: *Failure to affix signature may result in disqualification of proposal. Note: If there are any terms and/or conditions that are in conflict, the most stringent requirement shall apply. 3 -5 Acknowledgement of Addendums Acknowledgement is hereby made of the following Addenda received since issuance of Specifications: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Name of Vendor's Service Contact: Address: io STANDARD FORM OF AGREEMENT BETWEEN CITY AND VENDOR REQUEST FOR PROPOSALS TRANSPORTATION SERVICES TO OPERATE TROLLEY ROUTES WITHIN THE CITY OF DELRAY BEACH CITY LIMITS THIS AGREEMENT made this day of , 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and (hereinafter called VENDOR). WITNESSETH: The CITY and the VENDOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned VENDOR 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 VENDOR, as evidenced by the execution of this Agreement, acknowledges that it has examined all specifications and requirements of this bid. The VENDOR 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 VENDOR include the following documents which are attached hereto and incorporated herein by reference of the following: AGREEMENT DOCUMENT (S) Cover Page Advertisement for Bids Table of Contents General Information Standard Form of Agreement Scope of Services Exhibit "A1" & "A2" Route Map 11 PAGE NUMBERS 1 2 3 11 1$ 29 Exhibit "B" Indemnification and Insurance 30 Exhibit "C" Financial Disclosure Form 35 RFP Signature Page 36 Statement of No Bid 37 References 38 Price Quote 39 Addenda numbers to , inclusive, and any modifications delivered after execution of this Agreement. 4. The term of this Agreement shall commence on the date written above. 5. This Agreement shall be governed by the laws of the State of Florida as now and thereafter 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 1st Avenue Delray Beach, FL 33444 As to VENDOR: 7, The VENDOR shall not, without prior written consent of the CITY, assign any portion of its interest under this Agreement and, specifically, the VENDOR shall not assign any moneys due or to become due without the prior written consent of the CITY. S. The CITY and the VENDOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, conditions and obligations contained in the Agreement. 12 9. In consideration of mutual covenants and other valuable consideration, the VENDOR shall defend, indemnify and save harmless the CITY, Palm Beach County Board of County Commissioners, (COUNTY), and Delray Beach Community Redevelopment Agency, (CRA), 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 or CRA), recklessness or intentional wrongful misconduct of the VENDOR and any persons employed or utilized by the VENDOR in the performance of this Agreement. VENDOR 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. VENDOR 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 VENDOR, its agents, servants or employees. VENDOR further agrees to defend, indemnify and save harmless the CITY, COUNTY and CRA 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 or CRA 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 VENDOR to defend at its own expense or to provide for such defense, at the CITY'S and or CRA'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, COUNTY or CRA which may result from the 13 operations and activities under this Agreement performed by the VENDOR, its agents or employees. This indemnification includes all costs and fees including attorneys' fees and costs at trial and appellate levels. VENDOR agrees to protect, defend, reimburse, save, indemnify and hold the CITY, CRA, or , COUNTY, their successors or assigns, and their respective directors, officers, employees, servants and agents, free and harmless at all times, and against any and all suits, actions, damages, liabilities, interest, attorney's fees, costs and expenses of whatsoever kind or nature arising out of its use, possession, operation and maintenance of the trolley buses or the Project, and whether directly or indirectly caused, occasioned or contributed to, in whole or in part, by reason of any act, omission, fault or negligence whether active or passive, of the CITY, CRA, or COUNTY, or anyone acting under the CITY's, CRA's or COUNTY's direction or control. The VENDOR further agrees to indemnify, defend, save and hold harmless the CITY, CRA and COUNTY, their successors or assigns, and their respective directors, officers, agents, servants and employees, from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of any conduct or misconduct of the VENDOR not included in the paragraph above and for which the CITY, CRA, or COUNTY, or their respective directors, officers, agents, servants or employees are alleged to be liable. VENDOR's hold harmless and indemnity obligations described herein shall apply to the fullest extent permitted by law. VENDOR's obligations hereunder shall include and encompass any liability which may inure or accrue to the CITY, CRA, or COUNTY. Any compromise or settlement of any claim or satisfaction of judgment by VENDOR for itself, CITY, CRA or COUNTY shall not relieve VENDOR of its 'obligations to any entity not included within or made a party to such settlement or satisfaction. 14 10. This Agreement shall be considered null and void unless signed by both the VENDOR and the CITY. 11. This Agreement and the documents attached hereto and listed above constitute the entire agreement between the CITY and the VENDOR and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to form: City Attorney WITNESSES: (please type or print name) CITY OF DELRAY BEACH, FLORIDA An- Mayor VENDOR: By: (please type or print name) 15 (SEAL) CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by (name of officer or agent, title of officer or agent), of (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 16 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 resolution was duly passed and adopted: 20_, the following "RESOLVED ", that , as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20_, between the CITY of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation ". further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of (Secretary) (Seal) 17 20 4 -0 SCOPE OF SERVICES The CITY of Delray Beach (the "CITY ") is seeking a qualified transportation service provider to operate various trolley routes within the Delray Beach CITY Limits as shown in Exhibits "Al and A2 ". These services shall commence on or about April 1, 2013. 4.1 Service Operations: • Route 1 — Monday through Friday from 6:30 AM to 7:00 PM between the Delray Beach Tri -Rail Station and East Atlantic Avenue at Ocean Boulevard, (SR A1A) (the Marriott Hotel) will run at 30 minute headways starting from the Tri Rail Station.. • Route 2 — Monday through Friday between the Delray Beach Tri Rail Station and the Marriott Hotel between 7:00 AM — 9:00 PM starting at the Tri Rail Station. • Weekend Service — Saturday and Sunday 12 Noon — 8:00 PM between the Delray Beach Tri Rail Satiton and East Atlantic Avenue at Ocean Boulevard, (SR A1A) (the Marriott Hotel) will run at 30 minute headways. Please note, routes and schedules are subject to change to accommodate road closures, special events, route expansions through additional funding opportunities, and/or other circumstances impacting routes of travel or hours of service. The VENDOR shall be responsible for the operations of transportation services in accordance with: • Applicable federal, state, and local laws and regulations. • Necessary driver qualifications. • Equipment operating instructions issued by the OEM (original equipment manufacturer). • Compliance with FTA and Delray Beach Drug and Alcohol testing requirements. • The CITY'S passenger service policies included herein, or as may be amended from time to time. VENDOR, at VENDOR's sole expense, may employ persons other than VENDOR's employees to perform supplemental passenger assistance, marketing, information functions, passenger counts, or other similar duties. VENDOR'S employment of other persons for these duties does not relieve the VENDOR from any liability which may arise from these duties not being satisfactorily performed. VENDOR shall set uniform dress standards for all service employees. Uniform standards shall be subject to the CITY'S approval. Photo ID badges are required to be worn at all times and must include Company, employee name and driver photograph. 4.1.1 Training: VENDOR will establish and provide continuing training programs for all service employees who are working on the CITY of Delray Beach Trolley system. 18 At a minimum, training shall include proper use of ADA lift and securing of wheelchairs, sensitivity, and defensive driver training, statutory requirements at railroad crossings, Drivers shall familiarize themselves with Delray Beach main attractions /points of interest, including but not limited to the Delray Beach Police Station, County Courthouse, Tennis Center, City Hall, etc. 4.1.2 Non Scheduled Stops: Trolley service vehicles shall not be used to pick -up or drop -off passengers or VENDOR employees at unscheduled locations without prior written authorization by the CITY'S Project Manager, except in case of emergency, equipment failure, or at the direction of civil authorities. However, Flag Down service shall be provided along established routes if safe to do so contingent on traffic weather or other condition as may occur from time to time, 4.1.3 Vehicle Breakdown: VENDOR in the event of a vehicle breakdown shall immediately notify the Project Manager or his/her designee and the City of Delray Beach Fleet Services Division at 561 -243 -7322 to arrange for retrieval of the broken down trolley and arrange for the replacement trolley to continue providing service. In the event the spare trolley is out of service the City will arrange for the use of the Delray Beach Parks and Recreation shuttle bus. If, for whatever reason the City's shuttle bus is not available, the Vendor must supply a vehicle capable to continue service until such time one CITY owned vehicle is available for service. The maximum response time from the time the VENDOR is notified of the need to provide a substitute vehicle until the arrival of a replacement vehicle shall be twenty (20) minutes plus two (2) minutes per mile from the VENDOR's garage to the location of the breakdown. VENDOR, in the applicable area of the pricing sheet, shall provide hourly pricing for the use of VENDOR'S vehicle for the provision of the service. This fee shall be calculated for the service hours provided only, excluding any minimum number of service hours, travel time, additional staffing or fuel costs. 4.1.4 Vehicle Operators: VENDOR shall supply properly licensed and qualified personnel to operate vehicles meeting the following minimum requirements: Fluent in speaking, writing and understanding English Have a minimum of three (3) years providing transit services or other hospitality industry, where pleasant and cordial interaction with customers is required (hotel, retail sales, hospitallhospice, etc.). 19 Shall not have, within the last three (3) years: • Any Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) convictions. • Any conviction or plea of nolo contendere in a competent court of jurisdiction recognized by the State of Florida for leaving the scene of an accident. • Two (2) or more chargeable accidents. • Two (2) or more moving violations. VENDOR shall actively monitor and forward to the CITY vehicle operator records upon commencing work for this account, new hires, and on each anniversary of this agreement. 4.1.5 Late Trains: VENDOR shall, at VENDOR's sole expense, maintain equipment to receive late train information through SFRTAITRI- RAIL'S paging system. VENDOR shall, at VENDOR's sole expense, monitor the status of trains served by trolley routes operated by VENDOR. VENDOR shall, at VENDOR's sole expense, extend trolley service by up to fifteen (15) minutes to ensure scheduled trains are served by trolley routes operated by the VENDOR. At the direction of the CITY'S Project Manager or his/her designee, VENDOR shall extend the hours of any trolley service route(s) to accommodate passengers on late trains beyond this fifteen (15) minute requirement. VENDOR shall be compensated for such extensions based on the hourly trolley service rate in fifteen (15) minute increments. 4.2 Code of Conduct: All employees shall avoid conduct unbecoming an employee, VENDOR shall set personnel policies prohibiting such actions. Examples of conduct unbecoming of an employee include, but are not limited to, the following: • Any instance of use of language that is obscene, risque or religiously, ethnically or sexually demeaning, or making light of physical or mental disability, regardless of whether it is directed at a customer or another employee. • Any instance of belligerent or malicious behavior toward a customer or another employee. • Littering on rolling stock, station areas or any other CITY property. • Eating in the presence of passengers or on trolleys whether in or out of service. • Smoking in the presence of passengers, on vehicles or within 25 feet of vehicle.. • Willful failure to assist customers. • Willful destruction or damage to any CITY property. • Violation of uniform dress standards. • Reckless or unsafe driving including failure to stop at Train Crossings. 20 4.3 Employees and Sub - Vendors: All personnel provided by VENDOR and VENDOR'S subcontractors involved in any aspect of the Operator Services shall be employees or VENDORs of VENDOR or its subcontractors and not of the CITY. All such employees and subcontractors shall be subject to the direction, supervision and control of the VENDOR and not the CITY except in the event of emergency or at the direction of Law Enforcement or other emergency personnel. 4.4 Operations and Management Supervision: In addition to the rights and obligations stated elsewhere in this RFP, the CITY shall have oversight of VENDOR'S performance including: ■ Monitoring: Monitoring the records, facilities, personnel, timetable adherence and/or care for CITY'S vehicles used by VENDOR in the performance of its obligations under this Agreement. ■ Temporary Service Adjustment: At the CITY'S sole discretion, the CITY may direct VENDOR to cease operation, alter destination and /or alter the route of any vehicle(s) operated under this Agreement. VENDOR shall resume normal operation of any vehicle(s) upon conclusion of the cause for alteration, or upon receipt of approval from the CITY ■ Employee Removal: At the CITY'S sole discretion, the CITY may direct VENDOR to remove any service employee for conduct unbecoming an employee as stated herein. 4.5 Experience: VENDOR shall have, at a minimum, five (5) years' experience providing transportation service and at least two (2) years of public transportation service experience under contract with a government agency. 4.6 Rolling Stock: Three CITY owned Trolleys will be provided to VENDOR for the exclusive use in providing the required services outlined herein. Vehicles must be maintained in an acceptable condition including but not limited to unworn hand grips, upholstery free of tears, holes, stains, etc. The Project Manager or Fleet Management Division shall be notified upon the discovery of, or as soon as practical advising of any tears, stains, damages, etc. CITY's Vehicles are subject to inspection by Delray Beach Fleet Maintenance Division, Project Manager or his /her designee at the discretion of CITY Staff. 21 4.6.1 ADA Access: All CITY owned vehicles proposed for trolley service meet ADA requirements for public transit service. All vehicles are equipped with ADA compliant lifts and are configured to transport at least two (2) wheelchair passengers at any one time without requiring wheelchair passengers to transfer. 4.7 Vehicle Maintenance Plan and Practice: The CITY will perform general maintenance and coordinate major repairs of Trolleys with CITY approved service providers, Every effort will be made to schedule these maintenance duties with minimal interruption to service. However, drivers may be requested to exchange vehicles at the CITY Fleet Services Division, (FSD), 434 S. Swinton Avenue. 4.7.1 Daily Inspections: The passenger amenities and safety appliances listed below shall be functionally inspected by driver each calendar day on all vehicles which are dispatched for trolley service and/or extra service. Defects shall be remedied as an integral part of the inspection process and be reported to the FSD prior to dispatch or upon noting said deficiency. General illumination lights Headlights Indicator lamps Warning lamps HVAC -- Air Conditioning Upholstery condition Seat frames Windshield wipers Emergency lights Signage Wheelchair lift/ramp function Wheelchair securing devices Under no circumstance shall a vehicle be used for trolley service and /or extra service with any malfunctioning amenity or safety defect without the consent of the FSD. Malfunctioning amenities or safety defects must be immediately reported to the FSD which will determine the road worthiness of vehicles based on the reported issue directing the vehicle to continue providing service or be removed from service. In the event FSD is unavailable, the Project Manager shall be contacted. A record of all daily inspections shall be maintained by the VENDOR. A copy of daily inspection reports shall be submitted with invoices for the applicable period invoiced. 22 4.7.2 Air Conditioner Standards: All buses shall have working cooling systems which shall be operating during all times the bus is in service. Cooling systems are capable of maintaining the interior temperature of the bus at 77 degrees Fahrenheit and shall be set accordingly at all times. 4.7.3 Cleaning: All buses shall have had a minimum of a daily cleaning when dispatched for service. Refuse, newspapers and other recyclable material remaining on board shall be removed by the driver at the end of each trip, (Th Rail Station and Beach). Items become the property of the VENDOR if not claimed within 30 days. However, items of specific interest to the CITY and other authorities shall be retained as these entities request. The VENDOR shall make best efforts to conform to the CITY'S Lost and Found Policy. All personal property found by drivers shall be reported to the ro'ect manager. At least once weekly, primary vehicles used to provide trolley service under this Agreement must receive a detailed cleaning. Weekly cleaning is to be provided by VENDOR, and at a minimum, must include the following: Interior windows cleaned Mopping of non - carpeted floors with clean water and appropriate cleaning solution Vacuuming or sweeping of carpeted floors Wiping down of non - upholstered seats with clean water and appropriate cleaning solution Vacuuming of upholstered seats Wiping down of all hand rails with clean water and appropriate cleaning solution 4.8 Reporting and Recordkeeping Requirements: The VENDOR shall maintain complete and accurate records of all operator services and other Agreement activities carried out during the Agreement period. VENDOR shall maintain records of all applicable maintenance of primary vehicles. The VENDOR must supply the following reports to the CITY, The format of these reports shall be developed by the VENDOR and subject to the review and written approval of the CITY. 23 Immediately: • Loss of life, injuries, stoppage or major disruption of service. • Any accident whether with another vehicle or stationary object • Any damage to any trolley either by accident as noted above or vandalism noted during service hours or upon receiving vehicle at start of route. • Any order imposed by a competent regulatory authority which prevents the continuation of service. Daily: • VENDOR must record the bus number and number of passengers transported on each trip. Monthly: (by the seventh (7th) day of each month) • VENDOR shall provide all daily trip reports for each trolley service route for the previous month. • VENDOR shall provide a service summary for each trolley service route. This summary report will include: • Total passengers transported by trip each day • Total monthly passengers • Total revenue miles by each day • Total monthly revenue miles, by route • Total deadhead miles by each day • Total monthly deadhead miles. • Total monthly fuel consumption, by route Yearly: • Copies of paid invoices from a reputable drug testing facility verifying compliance with Drug Free Workplace policies as required in section 1 -14. • Updated insurance certificates 4.9 Service Modifications: The CITY may change the scheduled service at its discretion. When making such changes the CITY will, at a minimum, provide thirty (30) days written notice for permanent schedule changes and five (5) days written notice for temporary changes. VENDOR shall accept one time changes upon verbal notice by the CITY'S Project Manager. 24 4.10 Customer Service: Vehicle operators shall be familiar with their route and shall answer passenger questions in a courteous and informative manner. Vehicles providing trolley service stated herein shall maintain a supply of literature provided by the CITY including but not limited to bus and train schedules. Said literature shall be displayed in appropriate receptacles approved by the CITY and be available to passengers upon request. Operator is responsible for coordinating with the Chamber of Commerce, Downtown Development Authority and Project Manager to assure significant supply of materials for display on vehicles. 4.11 Marketing: The CITY will assume all responsibility for marketing the public use of the Delray Beach Trolley Service operations through advertisements or other promotions. VENDOR will place CITY approved promotional materials, public information notices and advertising materials in interior areas of the primary vehicles pursuant to procedures established by the CITY. 4.12 Advertising: VENDOR shall not utilize the interior or exterior of primary vehicles operated in trolley services for the display of any written or printed advertising, promotional material, or public information notices unless authorized by the CITY. 4.13 Damage to Property: VENDOR shall take care to not damage the CITY of Delray Beach Trolley customer's property (e.g. vehicles, bicycles) while performing transportation services. VENDOR shall be responsible for all damage to the CITY of Delray Beach Trolley customer's property caused by actions or inactions of the VENDOR. VENDOR shall take care to not damage the CITY of Delray Beach property (e.g. station signage, bus shelters, or Trolleys, etc.), while performing transportation services. VENDOR shall be responsible for all damage to the CITY of Delray Beach property caused by actions of the VENDOR. 4.14 Incorrect Procedures, Practices, and Repairs: In the event that the VENDOR is found to be in violation with the procedures and practices as defined in the Scope of Services, the VENDOR will be required to redo the incorrect work and consequential work at no additional charge to the CITY. 25 4.15 Project Manager: VENDOR shall designate a Project Manager who will oversee the complete operation of services detailed herein. Said Project Manager shall have at least five (5) years experience in transportation service operations. The VENDOR shall provide in resume format, background information on this individual to include his or her direct experience with similar projects. VENDOR must notify the CITY within one (1) business day if said Project Manager is removed from his/her duties under this Agreement. VENDOR must replace Project Manager with an interim Project Manager within one (1) business day if said Project Manager is removed from his /her duties under this Agreement. VENDOR shall make every effort to permanently fill vacant Project Manager position within thirty (30) days. Replacement Project Manager must be approved by the CITY. 4.16 Vehicle Operator Responsibilities: Responsibilities and Duties of Vehicle Operators include but are not limited to: • Operate the vehicles in a safe and timely manner; • Be courteous to all passengers and the general public; • Cooperate with the CITY project manager and CITY agents; • Distribute or collect handouts, surveys, etc. as may be required; • Be neat and clean and in proper uniform; • No acceptance of gratuities; • Have a thorough knowledge of route schedule and SFRTAITRI -RAIL schedule; • Make service announcements as requested by the CITY, • No smoking on vehicles allowed anytime, including passengers, drivers, or mechanics, agents or subcontractors • Do not permit loud or raucous behavior on the vehicles; • Count and record passengers boarding for each trip; • Announce route and destination before each departure from a train station and all stops where passengers board vehicle, • Provide service to all passengers; • Maintain route and timetable without deviation; • Inspect his /her vehicle for functionality prior to each departure from the garage or vehicle storage area; • Assist passengers boarding and alighting vehicle as needed; • Operate the wheelchair lift for passengers requiring or requesting such service (whether they are in a wheelchair or not); and • Secure wheelchair passengers using vehicle securing devices. 26 4.17 Communication: VENDOR shall provide a communications system that will allow for the timely and efficient dispatching, coordination and response necessary to operate the services stated herein. At a minimum, the communications system must allow immediate communication between the dispatcher and vehicle operator at all times. Vehicles will be equipped with a GPS (Global Positioning System) tracking system capable of providing real time tracking via the internet in addition to generating historic data reports. 4.18 Insurance: During the term of this contract with the CITY, except as otherwise stated in this contract, the VENDOR shall procure and maintain insurance and bonds, if required, of the types and to the limits and conforming to requirements as specified in "EXHIBIT B" attached hereto. No work under this contract shall begin until evidence of these insurances or financial guarantees is delivered as is directed under this contract. 4.19 Pricing: Quotations shall be for regular scheduled hours only. Non - service hours (travel time) shall not be an expense of the CITY. Proposed costs to the CITY shall be provided in hourly increments provided for years one (1) through five (5) separately. Hourly rates for additional, extra and emergency services shall be provided as a separate item and estimated for years one (1) through five (5). 4.20 Fees: VENDOR may be required to collect fees from passengers. If required, collections shall be facilitated utilizing equipment capable of generating revenue reports and passenger utilization. Monies collected must be secured in a fashion so revenue is unavailable to drivers as well as the general public. Reconciliation of fees shall be made by VENDOR'S supervisory staff. Revenue shall be posted against any fees due to VENDOR by CITY in the month collected. Please provide estimated costs for additional administrative costs for reconciliation of revenue if required. 4.21 Contract Period: The terms of the agreement shall be for a three (3) year period with two one (1) year renewal options at the mutual agreement between the VENDOR and the CITY. 27 4.22 Selection Process: The purpose of the rating procedures is to equitably judge the responses to the Request for Proposals. Each response will be scored and evaluated by the Selection Committee using the following scoring criteria: Evaluation Category Maximum Points Hourly cost 35 Experience, qualifications and past performance with similar municipal contracts 30 Financial solvency 20 Location of offices / storage 1 maintenance facilities 15 The selection committee will consist of two (2) representatives from the Community Redevelopment Agency, the Parking Facilities Manager , City Engineer and one (1) representative from the Finance Department. A numerical value will be determined for each category derived by dividing the maximum number of points in a category by the number of respondents received. The resulting point value will be deducted from the preceding respondents score in descending order with the best in each category receiving the maximum number of points allowed. (Ex. Five responses are received; each point category will be divided by five; using cost for this example. the respondent with the best cost estimate will receive 35 points; second best will receive 28 points; third best 21 points, etc). The system is designed to remove subjectivity as a factor for scoring points. "The CITY may require additional information and proposers agree to furnish such information. The CITY reserves the right, at its sole discretion, to award the contract to that proposer who will best serve the interests of the CITY. The CITY reserves the right, based upon its deliberations and its sole opinion, to accept or reject any proposal. The CITY reserves the right to waive minor irregularities or variations to the specifications and in the bidding process." Exhibit A Routes 1& 2 CffY of DELRAY BeACH 29 29 Exhibit "B" Indemnification: VENDOR shall defend, indemnify, save harmless, and exempt the CITY, COUNTY and CRA, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorney's fees resulting from injury to or death of persons or damage to property arising out of or resulting from the Contract or from work done by the VENDOR or subcontractors in the performance of the Contract except to the extent caused by the sole negligence of or breach of contract by the CITY or CRA. In connection with any legal proceedings arising hereunder, the CITY or CRA reserves the right to retain counsel of its choice and at its own expense, or, in the alternative, approve counsel obtained by the VENDOR, Nothing in this contract shall be deemed to adversely affect the rights, privileges and immunities of the CITY, COUNTY or CRA, as set forth in Florida Statute 768.28. VENDOR agrees to protect, defend, reimburse, save, indemnify and hold the CITY, COUNTY and CRA, their successors or assigns, and their respective directors, officers, employees, servants and agents, free and harmless at all times, and against any and all suits, actions, damages, liabilities, interest, attorney's fees, costs and expenses of whatsoever kind or nature arising out of its use, possession, operation and maintenance of the trolley buses or the Project, and whether directly or indirectly caused, occasioned or contributed to, in whole or in part, by reason of any act, omission, fault or negligence whether active or passive, of the CITY, COUNTY and CRA, or County, or anyone acting under the CITY's, CRA's, or COUNTY'S direction or control. The VENDOR further agrees to indemnify, defend, save and hold harmless the CITY, COUNTY and CRA, their successors or assigns, and their respective directors, officers, agents, servants and employees, from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of any conduct or misconduct of the VENDOR not included in the paragraph above and for which the CITY, CRA, or COUNTY, or their respective directors, officers, agents, servants or employees are alleged to be liable. VENDOR'S hold harmless and indemnity obligations described herein shall apply to the fullest extent permitted by law. VENDOR'S obligations hereunder shall include and encompass any liability which may inure or accrue to the CITY, CRA, or COUNTY. Any compromise or settlement of any claim or satisfaction of judgment by VENDOR for itself, CITY, CRA, or COUNTY shall not relieve VENDOR of its 'obligations to any entity not included within or made a party to such settlement or satisfaction. 30 Insurance Requirements Commercial General Liability Insurance: Shall be written on the most current ISO Occurrence Form, or equivalent, to cover legal liabilities arising from premises and operations, independent VENDOR'S, contractual (indemnification) agreement, products and completed operations, personal injury and XCU exposures as required by the work to be performed under this Contract, unless waived by the CITY, The combined bodily injury and property damage limit shall not be less than $1,000,000 per occurrence with an annual aggregate of $2,000,000. Automobile Liability Insurance: Shall be maintained in accordance with the laws of the State of Florida to cover the ownership, maintenance and /or use of all owned, non - owned, or hired vehicles as required by the work to be performed under this Contract. The combined bodily injury and property damage limit shall not be less than $5,000,000 per occurrence. Workers' Compensation Insurance: Shall be provided-and maintained in accordance with Statutory Requirements of the State of Florida. Included shall be Employee's Liability Insurance to protect against on-the-job injury or illness which may not fall within the provisions of the Florida State's Workers' Compensation Law. The limits shall be no less than $500,000 each accident and an occupational disease limit of $500,000 per employee/$500,000 aggregate. Additional Insured: The CITY of Delray Beach, CRA and County shall be included as an additional insured by way of the most current ISO endorsement, or its equivalent, on the vendor's liability insurance policies required under this contract. Evidence of Insurance: Prior to the commencement of any work by the VENDOR under this Contract the CITY must receive and approve Certificates of Insurance evidencing provision of the insurance coverage and requirements as required by this Contract. Certified copies of the policies will be provided if requested by the CITY. Renewal Certificates shall be provided to the CITY at least ten (10) days prior to the expiration of any policy. If at any time the VENDOR fails to maintain, or provide evidence of insurance coverage required by this Contract, all work may be halted by the CITY. Cancellation /Changes /Renewal: At least thirty (30) days written notice must be given to the CITY of any cancellation, intent to non - renew, or material reduction or change in insurance coverage. Named insured 1 Certificate Holders: The City, County and CRA shall be named as additionally insured and certificate holders on all insurance policies required for the performance of this contract. 31 Sample: Do not complete or substitute. Will be required at time of commencement of service. Attachment I ! of 3 (Front) -0-RD. CERTIFICATE OF LIABILITY INSURANCE ° "' """M PROLUGER THIS CERTIFICATE 1S ISSUED AS A NATMR OF INFORMATION ONLY AND CONFERS KO RIGHTS UPON THE CER7iF GATE H"DUR. THIS CERTIFICATE D4=5 NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY vir POLICIES EELOW, INSURERS AFFORDING COVERAGE NAiC 9 WGURW INSWERAc VIX86YE IMA=H INSLrRERa: INSURER 9: 6EFIERM1L LIABYJTY LNSUAE'it O: EAC}14CCHRHEHCE THE POLICIES WF INSUPbWGE LISTE.b BELOW HAVE BEEN ISSUED TO THE 1NBURE0 NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANL)Nc3 ANY RKUfREMENT, TERM OR CONCTION CF ANY CONTPACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THES CERTIFICATE NAY BE 185UEO OR MAY PERTAIN, THE INSURANCE AFFORDED 6Y THE POLICIES OCGM13ED HEREIN ES SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDrTtONS OF SUCH PCLIGIES. AGGREGATE LIMUS "WN MAY HAVE BEEN REDUCED BY CLAIMS. IN5N -LM AW, IR409 _PAID POLI6Y NULI8ER POLtCYlFYEOTWE VIX86YE IMA=H UW79 6EFIERM1L LIABYJTY EAC}14CCHRHEHCE COMtI6RCIAL GEN6RLL LIA$p.,11}' 1"T6 � CLaims PACE ❑ OCCUR i6Ep E%P M ms ei 5 PERS0NAL$ADVTNJIIRY S BEILF.FA1_AOflFiF.4.0.7E 5 GEN'LAGORBPATS WMITAPPLIES PER: PROpUCT3- COLP10PAGG i POUCY P d" L00 AUTOMOBILELIAGILTTY ANYAUip COMBINEDfU OLELIAUT IEA ncddenTi $ ALL OWNED AUTOSPAYINJUITY SCHUQUACOAUT03 BOOLYMJURY 01 ac 6.4 "Feb AUTOS NON -OWNED AUTOS Y�ERTY�AMA00 5 DARAGS LIABILTLY AU101 ONLY- EAACCIDEAT 9 OYHERTHAN _PAAOG AITTO ONLY: Miff 5 ANYAUTO 5 S ECE5$4VMSHSLLA LIABILITY EACHOCCURRENCE x' OCCUR p CLAISAME ABOREOATE S S S pEOUOTIBLE RETENTION 5 W DNKPJiBCONPERSATIDFiAND ' 1YC TA OTI-� EMPLOYEAS'tNTiIiSTY AHYPAO"E7OWPAR7HEMVaCQw1V&, LL EAC}I hCCipE7C S EL.p15EA5>: -E4 EMALOYLi $ OFFICEPJl..lFASBER E%CLU06M 11 os.d —Rl under 6 ECI.V. "ovaON9 ba3 N E,L. OlEFASE -POLICY U11JT 5 OTHER DESGRIPHON 0F OPERATIONS: ItWA7ION8 I VENICLEB I EYCLy9 ONS ADDED BY END ORSEMEW I5PHOIAL PRo"IONS This certificate is issued/ as required by Contract... (identify contract). Certificate holder is named as an additiOnal insured. cERTINCATE HOLDER CANCELLA70N UNDULP ANY OF THE ADOYE ❑E$CA1DBDPOGCIES DE OANCELLED BEFORE THE MWISATION DATE TRF8iE9F, THE 3S9UOIO Hisug i WILL DHCEAVCR TO NAIL �,-, DAYS wm TMN /. /y BEACH - CITY Of DELRAY BEACH N0TT95 TOTE€ CERTOICA -MU0 OSR NAMM TO THE L-FFT.HUT PAILURLFTO 0440 SHALL CITY HALL WPOBE ND OBLIOARON OA LUk OY DA ANY KIND UPOH THE PR41RER, BS AGENTS OH 100 NW 1U AVEUNE DELRAY BEACH, FL334" REPBPS¢Nrhrnee. AUTtIOK EOR{ MEHTATWE AG ©RA WD {zUU7f09) 32 W AULN{LJ QLRLF'UAAT 1U N 7 Ui1B s Attachment T, 2 of 3 (Bach) IMPORTANT H the oeMficata holder is an ADO(TIONAL INSVRED, the pdicyps) must be endorsed. A statement on this r,rMF tedoesnotconferrighlstothecertificateholderinf9txofsadiendommert (s), If $tf8RDGA -p0N IS WAIVED, subject to [bA terms and cortditiorm of the policy certain owes may requlm an endorsement A ublament ort this coriiFl to does n9l confer r�ghts to the ce6ficeta ho Idd< In Etau 0f such endamemant(4 Dt$CL.AIM1~R The C,editfita of Insurance on lbe mvge a sfd9 of this fans doss Stet wnstliutd is coanct between the Issuing insurgr(s), auttttxir4d represeglaUve or producer, and the cerdfloote holder, nor does It afftrasawdy or negatfvely amend, exlerui or afar the caverage afforded by the pot #des Ilsted thwecn. 33 ACtachment I, 3 of 3 POLICY NUMBER' COMMERCIAL GENERAL LIMILITY CG 21) 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REACT IT CAREFULLY. ADDITIONAL INSURED -- DESIGNATED PERSON OR ORGANIZATION This endorsement moTfles insurance provided under the rcllowing: .COMMERCIAL GENERAL L~ ABILITY COVERAGE PART SCFED )L� Or be Section it -- Who Is An Insured is amended to In- clude as an additional Insured the porson(s) or organl- zation {s} shown in the Schedule, but ❑nly with respect to liability for "bodlly injury , "property damage" or "p❑rsonal and advertlsing injury" caused, in whole or In part, by your acts or omissions or the acts or omis- slons of those aeting on your behalf: A. In the performance of your ongoing operations; or S. In con6cotlon with your premises owned by or rented to you. Cd 20 26 07 04 © 00 Properties, Inc., 2004 Page 9 of 1 D 34 EXHIBIT C Financial Disclosure Form AUTHORIZATION FOR RELEASE OF INFORMATION To whom it may concern: The undersigned hereby authorizes you to release to the City of Delray Beach any information in your possession regarding the undersigned either of a professional credit or personal nature including the statement of your opinions with regard to the undersigned's professional credit and personal character. NO STATE OF FLORIDA COUNTY OF PALM BEACH THE FOREGOING INSTRUMENT was acknowledged before me this day of , 2013, by who is personally known to me or who has respectively produced as identification and did not take an oath. (Seal) Name: Home Address: Home Telephone Number: Business Telephone Number: Fax Number: Date of Birth: Professional License Number: Notary Public: Print Name: Commission No: My Commission Expires: 35 RFP SIGNATURE FORM * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) RFP #: 2013 -22 Opening Date: February 21, 2013 RFP TITLE: Transportation services to Operate Trolley Routes in the CITY of Delray Beach CITY Limits COMPANY NAME: NAME/TITLE: ADDRESS: 11091A FEDERAL TAX I.D. #: - TELEPHONE: FACSIMILE ( ) *SIGNATURE STATE DATE: ZIP CODE VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: CONTACT NAME: TELEPHONE: ( ) 36 STATEMENT OF NO BID RFP # 2013-22 — Request For Proposals for Bus Trolley Services CITY of Delray Beach Limits If you are not bidding on this service /commodity, please complete and return this form to: CITY of Delray Beach Purchasing Office, 100 NW 1st Avenue, Delray Beach, FL 33444 or fax to (561) 243 -7166. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the CITY of Delray Beach. COMPANY NAME: ADDRESS: TELEPHONE: { } SIGNATURE: DATE: Minority Owned Business: ( ) Black ( ) Hispanic ( ) Woman ( ) Other (Specify) We, the undersigned have declined to bid on your RFP 42013 -22 For: Request for Proposals for Bus Trolley Services for CITY of Delray Beach CITY Limits Specifications too "tight ", i.e. geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent REMARKS: 37 Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) COMPANY NAME: ADDRESS: STATE: CONTACT PERSON: PHONE NUMBER: COMPANY NAME: ADDRESS: STATE: CONTACT PERSON: PHONE NUMBER: COMPANY NAME: ADDRESS: STATE: CONTACT PERSON: PHONE NUMBER: COMPANY NAME: ADDRESS: STATE: CONTACT PERSON: PHONE NUMBER: REFERENCES - RFP #2013 -22 38 ZIP: ZI P: ZIP: ZIP: Year 1: HOURLY RATE ADDITIONAL HOURS EMERGENCY VEHICLE PRICE QUOTE - RFP #2013 -13 Year 2: HOURLY RATE $ ADDITIONAL HOURS $ EMERGENCY VEHICLE Year 3: HOURLY RATE ADDITIONAL HOURS EMERGENCY VEHICLE Year 4: (if applicable) HOURLY RATE ADDITIONAL HOU EMERGENCY VEHICLE Year 5: (if applicable) HOURLY RATE $ ADDITIONAL HOURS $ EMERGENCY VEHICLE $ FEE COLLECTION If required) Equipment $ Fee Collection Administration (Hourly) $ 39 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: March 27, 2013 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF APRIL 2, 2013 WAIVER REQUEST / DELRAY PLACE ITEM BEFORE COMMISSION Consideration of a waiver to LDR Section 4.4.25(C)(2), "Alternative Processing ", for the establishment of an SAD zoning district, to allow second reading of Ordinance No. 41 -12 to occur greater than 180 days after first reading, but before July 18, 2013. The proposed Ordinance is to enact a privately - initiated rezoning from POC (Planned Office Center) to SAD (Special Activities District) for Delray Place, located at the southeast corner of Linton Boulevard and South Federal Highway (1801 and 1845 South Federal Highway). BACKGROUND The City Commission passed Ordinance No. 41 -12 on 1st reading on November 6, 2012. The SAD rezoning process requires that a site plan be included with an SAD rezoning ordinance and that SPRAB's review occur between first and second reading of the ordinance. The site plan for Delray Place was reviewed by SPRAB on December 12, 2012 and received denials on the Class V Site Plan, Landscape Plan, Architectural Elevations and six of the associated waivers. On December 14, 2012, the applicant submitted an appeal of the SPRAB decisions to the City Commission. This appeal was to be scheduled for January 3, 2013, in conjunction with the second reading of the SAD rezoning ordinance. On December 17, 2012, the applicant submitted a letter requesting that SPRAB reconsider its denials of the Class V Site Plan, Landscape Plan, Architectural Elevations and associated Waivers; and consider revised plans at a later date, based on the conditions that the appeal to the City Commission be withdrawn and that the revised Site Plan, Landscape Plan and Architectural Elevations be brought back before SPRAB no later than March 13, 2013. At its meeting of December 19, 2012, SPRAB moved to reconsider denial of the project subject to the two conditions. On December 20, 2012, the applicant submitted a letter requesting that the appeal be withdrawn and that the second reading of the ordinance be deferred. On January 3, 2013, the City Commission approved deferment of the second reading of the Ordinance to no later than May 5, 2013, which is the maximum 180 days allowed in LDR Section 4.4.25(C)(2), "Alternative Processing" for the establishment of an SAD zoning district. On March 13, 2013, SPRAB reviewed the revised site plan for the project. Issues concerning the location of the proposed bank building at the intersection of South Federal Highway and Linton Boulevard prompted the Board to defer approval of the site plan, landscape plan and architectural elevations to allow the applicant time to address its concerns. It is noted that the seven waivers for the project were either approved or received a recommendation for approval to the City Commission. While the applicant is in the process of modifying the site plan to address SPRAB's concerns, he has indicated that the time required to make the modifications, go back to SPRAB, and then to the City Commission for second reading of the Ordinance, will require City Commission action to occur later than the 180 days allowed in the LDRs. Therefore, the applicant has submitted a letter requesting a waiver to the 180 day time frame and an additional deferment. The applicant's letter states as follows: "We anticipate being placed in the City Commission's Regular Agenda for hearing as soon as possible. In an abundance of caution, this waiver is requesting the City Commission extend the time for second reading to occur by no later than the second City Commission meeting in July 2013 (tentatively July 16, 2013) " Please note that City Commission action on this waiver is only to allow second reading of the Ordinance to occur greater than 180 days from first reading, but before July 18, 2013. The actual timeframe for the deferment will require separate City Commission action which has been included as an additional agenda item for this meeting. 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. Since, this waiver only deals with the timeframe for the ordinance and does not involve any site plan specifics, its approval will not negatively affect the neighboring areas, significantly diminish the provision of public facilities or create an unsafe situation. While the time requirement specified in the SAD district regulations is unique, project reviews are regularly deferred by the various Boards and the City Commission to allow applicants time to address issues prior to consideration. Therefore, staff believes that the waiver would be granted to other projects on similar basis, and its approval will not result in the grant of a special privilege. Consequently, positive findings with respect to LDR Section 2.4.7(B)(5) can be made. RECOMMENDATION Move to waive LDR Section 4.4.25(C)(2), "Alternative Processing" for the establishment of an SAD zoning district, to allow second reading of Ordinance No. 41 -12 to occur greater than 180 days after first reading, but before July 18, 2013. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST EXTENDING THE TIMEFRAME FOR THE SECOND READING OF ORDINANCE 41 -12 PERTAINING TO DELRAY PLACE 1. This waiver request to allow an extension of the timeframe for the second reading of Ordinance 41 -12 pertaining to Delray Place came before the City Commission on April 2, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request to allow an extension of the timeframe for second reading of Ordinance 41 -12 pertaining to Delray Place. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. Ui%1 UI4 0 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 4.4.25(C)(2), "Alternative Processing" to allow the second reading of Ordinance 41 -12 pertaining to Delray Place to occur greater than 180 days after the first reading, by extending the timeframe until July 18, 2013. Does the waiver request to allow an extension of the timeframe for the second reading of Ordinance 41 -12 until July 18, 2013 meet all of the requirements of 2.4.7(B)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request to LDR Section 4.4.25(C)(2). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 2nd day of April, 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 2 Cary D. Glickstein, Mayor LAW OFFIcn WEINER, LYNNE & THOMPSON, P.A. VIA HAND- DELIVERYR March 21, 2013 4i Mr. Ron Hoggard, Senior Planner City of Delray Beach PLANNING & Z(: 1.00 N.W. 1 st Avenue Delray Beach, Florida 33444 Re: Waiver Request — Delray Place — Ordinance 41 -12 Second Reading Dear Ron: This written request for a Waiver is pursuant to Section 2.4.7(B)(2) of the Delray Beach Land Development Regulations ( "LDRs ") to the extent there is no other relief available as provided for in the LDR or Code of Ordinances. Our client seeks relief from LDR Section 4.4.25(C)(2) which requires the second reading of an ordinance to approve a Special Activities District (SAD) must occur no later than 180 calendar days after first reading. First reading of Ordinance 41 -12 occurred on or about November 6, 2012. Therefore, second reading would have to occur on or before Sunday, May 5, 2013, which is an impossibility. We anticipate being placed in the City Commission's Regular Agenda for hearing as soon as possible. In an abundance of caution, this waiver is requesting the City Commission extend the time for second reading to occur by no later than the second City Commission meeting in July 2013 (tentatively July 16, 2013). To support a waiver, LDR Section 2.4.7(B)(5) requires that the City make a finding that granting 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. We believe this request meets those criteria and therefore, we respectfully request the matter be supported by staff and placed before the next possible City Commission for hearing. Very truly yours, LYNNE J :m i O:1CAR0003Maiver Request re SAD Ordinance Timint;.docx PROFESSIONAL ASSOCIATION MICHAEL S. WEINER 10 SE 1 ` AVENUE, SMITE C TELEPHONE (561) 265 - 2666 JEFFREY C. LYNNE DELRAY BEACH, FLORIDA 3344.4 FACSIMILE (561) 272 - 6831 LAT.]RIE A. THOMPSON JLYNNE @ZONELAW.COM - JUSTIN M. CLAUD - - WWW.ZONELAW.CQM---- L. DIANA HILEMAN VIA HAND- DELIVERYR March 21, 2013 4i Mr. Ron Hoggard, Senior Planner City of Delray Beach PLANNING & Z(: 1.00 N.W. 1 st Avenue Delray Beach, Florida 33444 Re: Waiver Request — Delray Place — Ordinance 41 -12 Second Reading Dear Ron: This written request for a Waiver is pursuant to Section 2.4.7(B)(2) of the Delray Beach Land Development Regulations ( "LDRs ") to the extent there is no other relief available as provided for in the LDR or Code of Ordinances. Our client seeks relief from LDR Section 4.4.25(C)(2) which requires the second reading of an ordinance to approve a Special Activities District (SAD) must occur no later than 180 calendar days after first reading. First reading of Ordinance 41 -12 occurred on or about November 6, 2012. Therefore, second reading would have to occur on or before Sunday, May 5, 2013, which is an impossibility. We anticipate being placed in the City Commission's Regular Agenda for hearing as soon as possible. In an abundance of caution, this waiver is requesting the City Commission extend the time for second reading to occur by no later than the second City Commission meeting in July 2013 (tentatively July 16, 2013). To support a waiver, LDR Section 2.4.7(B)(5) requires that the City make a finding that granting 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. We believe this request meets those criteria and therefore, we respectfully request the matter be supported by staff and placed before the next possible City Commission for hearing. Very truly yours, LYNNE J :m i O:1CAR0003Maiver Request re SAD Ordinance Timint;.docx 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: March 27, 2013 SUBJECT: AGENDA ITEM MA1 - REGULAR COMMISSION MEETING OF APRIL 2, 2013 REQUEST TO DEFER / DELRAY PLACE ITEM BEFORE COMMISSION Consideration of a request to defer second reading of Ordinance No. 41 -12 to no later than the second City Commission meeting in July 2013 (tentatively July 16, 2013). The proposed Ordinance is to enact a privately - initiated rezoning from POC (Planned Office Center) to SAD (Special Activities District) for Delray Place, located at the southeast corner of Linton Boulevard and South Federal Highway (1801 and 1845 South Federal Highway). BACKGROUND On January 3, 2013, the City Commission approved deferment of the second reading of the Ordinance to no later than May 5, 2013, which is the maximum 180 days allowed in LDR Section 4.4.25(C)(2), "Alternative Processing" for the establishment of an SAD zoning district. This request for deferment is in concert with a waiver request to allow second reading of the Ordinance to occur greater than 180 days from first reading, which has been included as a separate agenda item for this meeting. While the applicant is in the process of modifying the site plan to address SPRAB's concerns, he has indicated that the time required to make the modifications, go back to SPRAB, and then to the City Commission for second reading of the Ordinance, will require City Commission action to occur after May 5, 2013. The applicant's letter states as follows: "We anticipate being placed in the City Commission's Regular Agenda for hearing as soon as possible. In an abundance of caution, this waiver is requesting the City Commission extend the time for second reading to occur by no later than the second City Commission meeting in July 2013 (tentatively July 16, 2013) " RECOMMENDATION Move to defer second reading of Ordinance No. 41 -12 to no later than the second City Commission meeting in July 2013 (tentatively July 16, 2013). LAW OFFIcn WEINER, LYNNE & THOMPSON, P.A. VIA HAND- DELIVERYR March 21, 2013 4i Mr. Ron Hoggard, Senior Planner City of Delray Beach PLANNING & Z(: 1.00 N.W. 1 st Avenue Delray Beach, Florida 33444 Re: Waiver Request — Delray Place — Ordinance 41 -12 Second Reading Dear Ron: This written request for a Waiver is pursuant to Section 2.4.7(B)(2) of the Delray Beach Land Development Regulations ( "LDRs ") to the extent there is no other relief available as provided for in the LDR or Code of Ordinances. Our client seeks relief from LDR Section 4.4.25(C)(2) which requires the second reading of an ordinance to approve a Special Activities District (SAD) must occur no later than 180 calendar days after first reading. First reading of Ordinance 41 -12 occurred on or about November 6, 2012. Therefore, second reading would have to occur on or before Sunday, May 5, 2013, which is an impossibility. We anticipate being placed in the City Commission's Regular Agenda for hearing as soon as possible. In an abundance of caution, this waiver is requesting the City Commission extend the time for second reading to occur by no later than the second City Commission meeting in July 2013 (tentatively July 16, 2013). To support a waiver, LDR Section 2.4.7(B)(5) requires that the City make a finding that granting 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. We believe this request meets those criteria and therefore, we respectfully request the matter be supported by staff and placed before the next possible City Commission for hearing. Very truly yours, LYNNE J :m i O:1CAR0003Maiver Request re SAD Ordinance Timint;.docx PROFESSIONAL ASSOCIATION MICHAEL S. WEINER 10 SE 1 ` AVENUE, SMITE C TELEPHONE (561) 265 - 2666 JEFFREY C. LYNNE DELRAY BEACH, FLORIDA 3344.4 FACSIMILE (561) 272 - 6831 LAT.]RIE A. THOMPSON JLYNNE @ZONELAW.COM - JUSTIN M. CLAUD - - WWW.ZONELAW.CQM---- L. DIANA HILEMAN VIA HAND- DELIVERYR March 21, 2013 4i Mr. Ron Hoggard, Senior Planner City of Delray Beach PLANNING & Z(: 1.00 N.W. 1 st Avenue Delray Beach, Florida 33444 Re: Waiver Request — Delray Place — Ordinance 41 -12 Second Reading Dear Ron: This written request for a Waiver is pursuant to Section 2.4.7(B)(2) of the Delray Beach Land Development Regulations ( "LDRs ") to the extent there is no other relief available as provided for in the LDR or Code of Ordinances. Our client seeks relief from LDR Section 4.4.25(C)(2) which requires the second reading of an ordinance to approve a Special Activities District (SAD) must occur no later than 180 calendar days after first reading. First reading of Ordinance 41 -12 occurred on or about November 6, 2012. Therefore, second reading would have to occur on or before Sunday, May 5, 2013, which is an impossibility. We anticipate being placed in the City Commission's Regular Agenda for hearing as soon as possible. In an abundance of caution, this waiver is requesting the City Commission extend the time for second reading to occur by no later than the second City Commission meeting in July 2013 (tentatively July 16, 2013). To support a waiver, LDR Section 2.4.7(B)(5) requires that the City make a finding that granting 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. We believe this request meets those criteria and therefore, we respectfully request the matter be supported by staff and placed before the next possible City Commission for hearing. Very truly yours, LYNNE J :m i O:1CAR0003Maiver Request re SAD Ordinance Timint;.docx 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: March 27, 2013 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF APRIL 2, 2013 CONDITIONAL USE REQUEST/ BREATHE RESTAURANT ITEM BEFORE COMMISSION The item before the City Commission is a conditional use request to establish a 24 -hour or late night business for an existing restaurant (Breathe) located at 401 West Atlantic Avenue, pursuant to LDR Section 4.33(VV)(2)(a). BACKGROUND Atlantic Grove is a mixed -use development completed in 2003 which includes commercial, office, residential, and townhouse uses within the entire development. The commercial uses are located on the ground floor of the three -story buildings fronting West Atlantic Avenue from NW 3rd Avenue to NW 5th Avenue. The subject commercial space for "Breathe" is centrally located on the ground floor within the building spanning from NW 4th Avenue to NW 5th Avenue. Located within the CBD (Central Business District) zoning district, the property is also located within the West Settlers Historic District which was established in 1997. The subject request is for the approval to extend the operating hours from midnight to 2:00 a.m.. seven days a week, which is required since the property is within 300' of residentially -zoned property (located on NW 6th Avenue). The Planning and Zoning Board held a Public Hearing in conjunction with the Conditional Use request at its March 18, 2013 meeting. The Board moved a recommendation of approval for the conditional use request (subject to conditions) on a vote of 3 -1, by adopting the findings of fact and law contained in the staff report. The recommended conditions of the request were as follows: 1. That a CCTV or camera is installed both outside and inside, with a revised floor plan and site plan indicating their locations; 2. That confirmation that security will patrol until 3:00am be provided; That confirmation be provided by the applicant that the consumption of alcoholic beverages on the premises after 2:00 a.m. is prohibited; 3. That no music or outdoor speakers will be allowed outside the building or tenant space; 4. That any live music (performances excluding DJs) will stop by midnight, on all nights of the week; and, 4. That the owner provide sufficient evidence that "Breathe" operates as a restaurant and meets the definition of restaurant, during all hours of operation. Additional background information and full analysis of the proposal can be found in the original Planning and Zoning Board staff report, dated March 18, 2013. REVIEW BY OTHERS The Downtown Development Authority (DDA) considered the subject request at its March 11, 2013 meeting, when a recommendation of approval was made noting that tenants in the building have raised concerns that the rear parking lot is too dim, and should be addressed to provide lighting levels that are perceived to create a safer feel. The West Atlantic Redevelopment Coalition (WARC) considered the subject request at its March 13, 2013 meeting; the Board did not express any specific concerns with the request. The Community Redevelopment Agency (CRA) considered the subject request at its March 14, 2013 meeting, when the consensus was to recommend approval subject to a vote of approval by the Condo Board and meeting the conditions of approval in the P &Z Board Staff Report, including that they show that they meet the definition of a restaurant. The Historic Preservation Board (HPB) considered the subject request at its March 20, 2013 meeting, when a recommendation was of approval was made to the City Commission, subject to the conditions contained in the Staff Report. RECOMMENDATION Commission's Discretion IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR BREATHE RESTAURANT AT 401 WEST ATLANTIC ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on April 2, 2013. This conditional use request is to establish a 24 -hour or late night business for Breathe Restaurant located at 401 West Atlantic Avenue. 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 Breathe Restaurant. All of the evidence is a part of the record in this case. Findings that are required pursuant to L.D.R. Section 3. 1.1 are made in Sections I and II below. I. COMPREHENSIVE PLAN a. Comprehensive Plan — Housing Element Policy A -11.3: This objective requires 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. Is this policy met? ► C7 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 1 Map. The subject property has a Future Land Use Map designation of General Commercial (GC) and is zoned Planned Commercial (PC). 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. 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. Has this requirement been met? 2 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 2nd day of April, 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin City Clerk 3 Cary D. Glickstein, Mayor EXHIBIT "A" Conditions Related to the Conditional Use Request for Breathe Restaurant 1. That a CCTV or camera is installed both outside and inside, with a revised floor plan and site plan indicating their locations; 2. That confirmation that security will patrol until 3:00 a.m. be provided; 3. That confirmation be provided by the applicant that the consumption of alcoholic beverages on the premises after 2:00 a.m. is prohibited; 4. That no music or outdoor speakers will be allowed outside the building or tenant space; 5. That any live music will stop by midnight, on all nights of the week; and, 6. That the owner provide sufficient evidence that "Breathe" operates as a restaurant and meets the definition of restaurant, during all hours of operation, prior to consideration of the request by the City Commission. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH -- -STAFF REPORT - -- MEETING DATE: March 18, 2013 ITEM: Conditional use request to allow an existing restaurant ( "Breathe ") located at 401 West Atlantic Avenue, Atlantic Grove, to operate past the hour of 12 :00 am and no later than 2:00 am, pursuant to LDR Section 4.3.3(VV)(2). GENERAL DATA: Applicant . ............................... 401 West Atlantic, LLC., Amjad Hammad Agent ...... ............................. .. HSQ Group, Inc., Jay Huebner Location ....... ............................... 401 West Atlantic Avenue Existing FLUM ........................... CC (Commercial Core) Current Zoning. ........................... CBD (Central Business District) Adjacent Zoning ............... North: CBD (Central Business District) and CF (Community Facility) East: CBD (Central Business District) South: CBD (Central Business District) West: CF (Community Facility) Existing Land Use ...................... Mixed -Use (Commercial, Office, Residential) Proposed Land Use .................... Mixed -Use (Commercial, Office, Residential) �r uti IIII■ 111111 ■ ■ 1�11� LIM � �Illii ii ■ _ III: nun ._ IIIIIIII�" �I I � II�III 1 � w ■� ��� ��� . i1011 OW����� MEE Em WE ITEM BEFORE THE BOARD The action before the Board is that of making a recommendation to the City Commission on a conditional use request to permit Breathe, located at 401 West Atlantic Avenue, to operate past the hour of 12 :00 am and no later than 2:00 am, pursuant to Land Development Regulations (LDR) Section 2.4.5(E). The subject restaurant is located on the ground floor within Atlantic Grove, a mixed -use development on the north side of West Atlantic Avenue between NW 4th and 5th Avenues. BACKGROUND'& PROJECT DESCRIPTION Atlantic Grove is a mixed -use development completed in 2003 which includes commercial, office, residential, and townhouse uses within the entire development. The commercial uses are located on the ground floor of the three -story buildings fronting West Atlantic Avenue from NW 3`d Avenue to NW 5th Avenue. The subject commercial space for "Breathe" is centrally located on the ground floor within the building spanning from NW 4th Avenue to NW 5th Avenue. Located within the CBD (Central Business District) zoning district, the property is also located within the West Settlers Historic District which was established in 1997. Regarding the subject tenant space, a letter was sent to the business owner or representative of "Saki Room" in October 2005 to indicate that Conditional Use approval would be required in order to operate past midnight as the property was determined to be within 300' of residentially zoned property. In July 2006, a Conditional Use request was submitted to the Planning and Zoning Department for the "Saki Room" restaurant for the aforenoted reason. However, the application materials were insufficient and the application was not further processed. In October 2011, "Breathe" was established in the "Saki Room" space when a Business Tax Receipt was granted by the City. The use listed on the license was "restaurant." It was recently discovered that the "restaurant" was operating until 2am without Conditional Use approval which was required since the rho erty is within 300' of residentially -zoned property, as required by LDR Section 4.13(V1/)(2)(a). A map which illustrates the 300' radius from both the property line and tenant space is attached. Therefore, the item before the Board is a conditional use request to allow Breathe to operate past the hour of 12:00 a.m. and no later than 2:00 a.m. "on busy nights of the week." The "restaurant" would like to extend the operating hours to 2:00 a.m. seven days per week. No modifications to the foot print of the existing space or alterations to the exterior architectural elevations of the building are proposed. The Conditional Use request for "Breathe" to operate past midnight and until 2am is now before the Board for consideration. NOTE: "Breathe" is licensed and approved to operate as a restaurant. However, research of both the business website and social media page, shows an emphasis on the "bar" use, as opposed to dining (see attachments). In addition, an employee of the business recently indicated that food is not served past 10pm, "but is limited to a few items after the dinner rush" as stated on the social media page. Further, an event flier for Saturday, March 9, 2012, posted on the business website indicates that the "doors open at 8pm — 4am." While stand -alone bars are permitted as a Conditional Use, when located within 300' of residentially zoned property, they are not permitted within 750' of an established stand -alone bar. The attached stand -alone bar map illustrates that the subject location is within 750' of the "Clearview Lounge ", located at 524 West Atlantic Avenue. Therefore, sufficient evidence that "Breathe" operates as a Planning and Zoning Board Staff Report; March 18, 2013 Conditional Use Request for Breathe Restaurant, 401 West Atlantic Avenue Page 2 restaurant and meets the definition of restaurant (See Appendix A), during all hours of operation shall be provided prior to consideration of the Conditional Use request by the City Commission. CONDITIONAL USE ANALYSIS Pursuant to LDR Section 4.3.3(VV)(1), 24 -Hour or Late Night Businesses, the purpose and intent of the regulations of this section are: (a) To promote the health, safety and general welfare of the citizenry; (b) To provide conditions upon the use of 24 -Hour or late night businesses in order to minimize impacts upon residentially -zoned properties from such uses. Pursuant to LDR Section 4.3.3(VV)(2), 24 -Hour or Late Night Businesses, Requirements, unless otherwise specified, the following regulations shall apply to 24 -Hour or late night businesses: (a) Conditional Use: Any 24 -Hour or late night business located or proposed to be located within a three hundred foot (300) straight line route from any residentially -zoned property shall obtain a conditional use permit from the City for the operation of such use. The distance shall be measured from the nearest point of the property on which the 24- Hour or late night business is or will be located to the nearest point of a residentially - zoned property. The subject property is within 300' of residentially -zoned properties (R -1 -A) located on NW 6th Avenue, thereby requiring the subject request to extend the hours of operation past midnight, to tam. The attached "Location Map" illustrates the proximity of the property to those on NW 6th Avenue, as well as the 300' radius of the tenant space of the subject business, which is not located within 300' of residentially zoned property. (b) Conditions: in addition to complying with Section 2.4.5(E) of the Land Development Regulations, all other applicable regulations, and with any conditions imposed through the conditional use process, the following conditions shall apply to all 24 -Hour or late night businesses which meet the requirements of subsection (2)(a): 1. Security Plan: A 24 -Hour or late night business shall submit a security plan detailing the manner in which the business intends to address the security of the establishment, its patrons, employees and nearby residents. A security plan shall include, at a minimum, a detailed description of the following: a. External lighting; and, b. Other external security measures, such as security cameras or other similar measures; and, c. Internal security measures, such as drop safes, silent alarms, security personnel or other similar measures. The submitted Security Plan states that "the restaurant currently has four security personal (sic) roaming the premise and two security persons at the front door checking IDs. The restaurant serves alcoholic beverages and provides either hand stamps or wrist bands to monitor patrons under the age of 21. For busy events the owner hires local off duty police officers to work security detail. This security plan is currently in use and has been sufficient to protect the health and safety of the restaurant patrons." This security plan would appear unusual for a restaurant operation and is more akin to a night club operation which is prohibited at this location. Planning and Zoning Board Staff Report; March 18, 2013 Conditional Use Request for Breathe Restaurant, 401 West Atlantic Avenue Page 3 Regarding safety and security, the CPTED (Crime Prevention Through Environmental Design) review conducted by the City's Police Department indicated that "It is important to include some sort of CCTV or camera security device. In the event of a crime, the cameras will aid with identification of the suspect, preventing repeat incidents. There is a security guard that patrols the Atlantic Grove Plaza, but it is unknown when the patrol ends. Security should remain until at least 230am to ensure all patrons have safely left the area." However, due to concerns for the safety of both the patrons and employees of the "restaurant", security should remain until at least 3:00am. The CPTED review also indicated that `there appears to be adequate natural surveillance for the area in question. Windows should provide a clear view of the parking lots, sidewalks and bike racks from inside the building. In addition, they should not be obstructed by signage or plant life." Further, the existing external lighting on the site was found to be sufficient. Given the above, it is recommended that if the approval is granted, it should be subject to the installation of either a CCTV or camera, and that confirmation that security will patrol until 3:00am be provided. The CCTV or camera should be installed both inside the tenant space, as well as outside to ensure adequate coverage of the tenant space exterior and adjacent parking area. These items have been added as recommended conditions of the request. 2. Buffering: A 24 -Hour or late night business shall provide adequate buffering to minimize the effects of noise and to act as a visual buffer to the property from nearby residential districts. While the property is within 300' of the residentially -zoned property, the tenant space is farther from those properties, and is contained within a building which faces West Atlantic Avenue. Therefore, a buffer of the use space is already provided. (c)Findings: In addition to any findings required by Section 2.4.5(E) of the Land Development Regulations, and any other required findings, the following specific findings shall be made in order for any 24 -Hour or late night business to be approved for a conditional use: 1. That the use will be consistent with Housing Element A -11.3 of the Comprehensive Plan of the City of Delray Beach, Housing Element Policy A -11.3 -- In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. if it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. 2. That the submitted security plan contains measures adequate to reasonably protect the safety of patrons, employees and nearby residents. 3. That the amount and type of proposed buffering is adequate to minimize the effects of noise impacts upon surrounding uses and nearby residential properties and to act as a visual buffer to the property from surrounding uses and nearby residential properties. Planning and Zoning Board Staff Report; March 18, 2013 Conditional Use Request for Breathe Restaurant, 401 West Atlantic Avenue Page 4 In review of the aforenoted Housing Element Policy, the stability of the neighborhood should not be impacted by a "restaurant" extending its hours of operation until tam. However, there is question as to whether the business meets the definition of restaurant, which is cause for concern; a stand -alone bar would not be appropriate due to the likelihood of a negative effect on the "stability of nearby neighborhoods." The traffic volumes and circulation patterns of a "restaurant" should not impact the neighborhood during the extended hours as all traffic would have easy access to West Atlantic Avenue without utilizing local streets. As previously indicated, the security plan is insufficient with respect to cameras and a detailed security patrol area. However, the buffering is deemed to be adequate solely due to the spacing between the tenant space and the residentially -zoned properties. However, it should be noted that the parking lot for Atlantic Grove (including Breathe) is within 300' of the residentially -zoned property on NW 6t" Avenue. Further, residential properties within the building (3`d floor) should not be subjected to night club aspects of the current use (i.e., loud music). Given the above review of the applicable Housing Element Policy, security plan, and buffering, positive findings can be made for the extended hours until tam of the "restaurant ", subject to the indicated conditions. Additionally, the condition that the operation be modified to eliminate those aspects which lend themselves to a nightclub (i.e., loud music, limited menu, etc.) is recommended, as well. Pursuant to LDR Section 2.4.5(E)(5), Findings, in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Ivor that it will hinder development or redevelopment of nearby properties. As a nightclub, this required finding cannot be made. However, as a restaurant, which does not play loud music and provides a full menu during all hours of operation, the impacts are minimal given the proximity to residential uses. It is noted that a "Calls for Service" report for 401 West Atlantic Avenue indicates 112 calls since January 1, 2012 through March 11, 2013. However, the Police Department has indicated that of the 112 calls, "there are only 12 potential crimes at the entire plaza. It will be less than that for the entire plaza because some can be civil matters and other incidents..." It was also indicated that Breathe was recently cited for serving alcohol at 4AM, a time of day when Breathe is neither permitted to be open nor to serve alcohol. The following zoning designations and uses border the roerty: Direction Zoning Use North CF (Community Facilities) Parking Lots (Public and Private: Associated with a developed parcel) South CBD (Central Business District) Commercial Uses (Retail, Office, Restaurant) West CF (Community Facilities) Fire Station East CBD (Central Business District) Atlantic Grove Development (Mixed -Use: Residential, office, commercial The chart above provides the zoning districts and uses immediately adjacent to the subject property. In consideration of this information, the extended hours until tam of the "restaurant" Planning and Zoning Board Staff Report; March 18, 2013 Conditional Use Request for Breathe Restaurant, 401 West Atlantic Avenue Page 5 should not have a "significantly detrimental effect upon the stability of the neighborhood" which includes the City's main fire station, parking lots, and other commercial uses. While there are residential units on the upper floor of the subject building as well as the building to the east, these units are located within the CBD, which is intended to provide a lively atmosphere, as opposed to the residentially zoned districts. Additionally, nearby development or redevelopment will not be hindered by the extended "restaurant" hours. Based upon the above, positive findings can be made with respect to the subject Section. It should be noted that given the upper -story residential units, the extended hours would not be appropriate for a night club or stand -alone bar. Pursuant to LDR Section 3.1.1 (Required Findings), 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 on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to consistency with the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the LDR. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC) and a zoning designation of Central Business District (CBD). The CBD zoning district is consistent with the FLUM designation of CC. As previously stated, the existing "restaurant" is an allowed use in the CBD zoning district, as is a 24 -hour or late night business, subject to conditional use approval. Based upon the above, positive findings with respect to the FLUM designation of the subject property can be made. 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. The development proposal involves an existing "restaurant ", and the conditional use request to allow the extension of operating hours from midnight until 2:00 a.m. will not affect the ability of the site to maintain concurrency. No significant increase in traffic demand, solid waste services or water and sewer will be created by this development proposal as a "restaurant." Therefore, positive findings with respect to Concurrency for the subject proposal can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. The applicable Housing Element Policy was reviewed above, and the proposal was found to be consistent with its intent. Further, the required findings of Chapter 3, and those of LDR Section 2.4.5(E)(5), were also found to be consistent. Therefore, positive findings with respect to Consistency of the subject proposal can be made. .REVIEW SY'OTHERS The Downtown Development Authority (DDA) considered the subject request at its March 11, 2013 meeting, when a recommendation of approval was made noting that tenants in the building have raised concerns that the rear parking lot is too dim, and should be addressed to provide lighting levels that are perceived to create a safer feel. Planning and Zoning Board Staff Report; March 18, 2013 Conditional Use Request for Breathe Restaurant, 401 West Atlantic Avenue Page 6 The West Atlantic Redevelopment Coalition (WARC) considered the subject request at its March 13, 2013 meeting; the Board did not express any specific concerns with the request. The Community Redevelopment Agency (CRA) considered the subject request at its March 14, 2013 meeting, when the consensus was to recommend approval subject to a vote of approval by the Condo Board and meeting the conditions of approval in the P &Z Board Staff Report, including they show that they are a restaurant. The Historic Preservation Board (HPB) will consider the subject request at its March 18, 2013 meeting, when a recommendation to the City Commission will be made. Courtesy notices were sent to the Neighborhood Advisory Council, Delray Citizen's Coalition, and the West Settlers HOA. Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection submitted prior to Board packet distribution are attached; all others submitted thereafter will be presented at the meeting. ASSESSMENT.AND CONCLUSION The proposed conditional use for "Breathe ", an existing approved and established "restaurant" use, to extend its hours of operation past midnight to 2am, should not negatively affect the surrounding neighborhood or adjacent businesses and developed properties, if it does in fact operate as such. There is a sufficient buffer and distance between the residentially -zoned properties and the subject tenant space. The CPTED review proved to be sufficient with respect to surveillance and lighting, However, the review pointed out that security cameras or a CCTV system should be provided in the case that a crime should occur, it can be recorded. Additionally, security should patrol the property until at least 3:00am in order to secure that all patrons and employees vacating the premises will be able to do so in a safe manner. Based on the above and provided that the conditions of approval are addressed, positive findings can be made with respect to LDR Section 2.4.7(8)(5), to recommend approval to the City Commission of the conditional use request to allow "Breathe" to operate as a restaurant past the hour of midnight and no later than 2:00 a.m., pursuant to LDR Section 4.3.3(W)(2)(c), However, based on concerns previously stated, confirmation that the business meets the definition of restaurant and is not operating as a stand -alone bar will be required prior to further consideration of the request by the City Commission. ALTERNATIVE ACTIONS A. Recommend denial to the City Commission of the conditional use request for a 24 -hour or late night business to operate at Breathe, 401 West Atlantic Avenue, based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings), and Section 4.33(VV)(2)(c) (24 -Hour or Late Night Business Findings), of the Land Development Regulations, and consistency with Housing Element Policy A -11.3. (Motion to be phrased in the affirmative. See above.) Planning and Zoning Board Staff Report; March 18, 2013 Conditional Use Request for Breathe Restaurant, 401 West Atlantic Avenue Page 7 B. Recommend approval to the City Commission of the conditional use request for a 24 -hour or late night business to operate at Breathe, 401 West Atlantic Avenue, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings), and Section 4.3.3(VV)(2)(c) (24 -Hour or Late Night Business Findings) of the Land Development Regulations, and consistency with Housing Element Policy A -11.3, subject to conditions: 1. That a CCTV or camera is installed both outside and inside, with a revised floor plan and site plan indicating their locations; 2. That confirmation that security will patrol until 3.00am be provided; 3. That confirmation be provided by the applicant that the consumption of alcoholic beverages on the premises after 2:00 a.m. is prohibited; 4. That no music or outdoor speakers will be allowed outside the building or tenant space; 5. That any live music will stop by midnight, on all nights of the week; and, 6. That the owner provide sufficient evidence that "Breathe" operates as a restaurant and meets the definition of restaurant, during all hours of operation, prior to consideration of the request by the City Commission. C. Continue with direction. D. Find that the facility appears to operate a night club, which is prohibited at this location, and as such, recommend denial to the City Commission of the conditional use request for a 24- hour or late night business to operate at Breathe, 401 West Atlantic Avenue, based upon failure to make positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings), and Section 4.3.3(V)(2)(a) (Uses Involving Alcoholic Beverages, Prohibitions by Frequency), of the Land Development Regulations, and consistency with Housing Element Policy A -11.3. (Motion to be phrased in the affirmative. See above.) RECOMMENDATION At the Board's Discretion Staff Report Prepared by: Amy E Alvarez, Historic Preservation Planner Attachments: • Site Plan • Floor Plan • Security Plan Planning and Zoning Board Staff Report; March 18, 2013 Conditional Use Request for Breathe Restaurant, 401 West Atlantic Avenue Page 8 APPENDIX A LDR DEFINITIONS The definition of Restaurant, as adopted by the City Commission via Ordinance 42 -05 on 6121105, is as follows: RESTAURANT (BONA FIDE): A bona fide restaurant shall mean an establishment engaged primarily in the service of food where the sale or service of alcoholic beverages is incidental to the sale and service of food. A cafeteria or fast food establishment shall be deemed a bona fide restaurant for the purposes of zoning classification. All other establishments must meet the following criteria: 1. A bona fide restaurant must, during all hours of operation, continually offer food service consisting of full course meals; a. Full course meals shall include a salad or vegetable, entree and dessert. 2. A bona fide restaurant must have full kitchen facilities, which are located in a completely enclosed room, under roof of the main structure, or in an interior court and food preparation staff capable of preparing and serving full course meals during all hours of operation. 3. A bona fide restaurant must have a customer service area consisting of tables, chairs or customer counters. The tables or customer counters within the customer service area must be of adequate size to accommodate the service of full course meals. 4. In order for tables, chairs or customer counters to be included in the customer service area, the service of full course meals must be available at each seat or chair at each table or customer counter in accordance with the following: a. The total number of seats or chairs at the tables, customer counters and bars within the customer service area must be sufficient to accommodate the maximum occupant load of the restaurant; b. The full occupant load shall be determined in accordance with the provisions of the standard Florida Building Code or its successor code. 5. A bona fide restaurant must have the appropriate license issued by the state as well as all municipal or county permits required by law, and must meet all local zoning requirements. The definition of Stand -Alone Bar, as adopted by the City Commission via Ordinance 42 -03 on November 18, 2003, is as follows: STAND ALONE BAR: Any licensed premises, including but not limited to, cocktail lounges, bars, nightclubs, dance clubs, piano bars and cigar bars, devoted during any time of operation predominantly or totally to serving alcoholic beverages, intoxicating beverages, or intoxicatin liquors, or any combination thereof, for consumption on the licensed premises, in which the serving of food if any, is merely incidental to the consumption of any such beverage; and the licensed premises is not located within, and does not share any common entryway or common indoor area with, any other enclosed indoor workplace, including any business for which the sale of food or any other product or service is more than an incidental source of gross revenue. A place of business constitutes a stand alone bar in which the service of food is merely incidental in accordance with this definition if the licensed premises derives no more than ten percent (10 %) of its gross revenue from the sale of food consumed on the licensed premises. -- OWrAL 8450 MAP SYSMY -- MAP REF: U: \AutoCAD \Mark \40? %'Jest Atlantic Avenue SUBJECT SUBJECT RADIUS RCSTJECT LOT AR�EIU �/�d 4 ®1 W. ATLANTIC AVENUE CANNING AND ZONING LOCATION MAP QE?ARTM£NT 300 -- OWrAL 8450 MAP SYSMY -- MAP REF: U: \AutoCAD \Mark \40? %'Jest Atlantic Avenue EPL1HU2-L-LT= LUTHER KING JR_ DRIVE �s1 I --,n r-nin r---i F--ior� . � � 111 �■ 1 � � � V Ti� r� � li1 ;11 W '■ J :;'fi i ■ � � + �Ai �A��i�iii�i� I �1 a + Illillll� 0 Lim L Mm IL mmll 1 r � 11 A V E N U E EW iLQ"G LAA TIC AV N BREATHE RESTAURANT ` STAND ALONE BAR AREAS CITY OF OELRAY BEACH. FL (750' RADIUS FROM PROPERTY CORNERS) PLANNING & ZONING DEPARTMENT JJf 1 _ �O a H d C-1 W � "<-4 0 a ME �o Q u) of w �i Ewe am �o k W _ . zg- " a �'i�� �4C'�? q3 °yQ&oat9$ �9 k ue 3�'Ek g9 0 3�,�m�`� L/ 6 �_ 8 _ z �g a N3 Y 1 O q a m� dz�gg z =? Oil � ¢ 2h & � 3!014 t � Yw a s �� 4 all o � E� 1' a � � S� �u6 j 4'.� � °z py'y� � pax ���jUU � NpQ ❑�, X F m ?pO K� I mi l z = 5:i 4 �� 35,Y 3a < 7' °s �'�4Yi � Bea �6 qua U �m; �I��°I�3'fl vt � � � W � "<-4 0 a ME �o Q u) of w �i Ewe am �o VCjZttO jd'x1tin0D "f )'VA9 W Iv.A )-Vr�7EO -so ujo 3nNzan',y af1rNV-UV 153(8 lot - a2 �9 'o n datdd d dt qqd d RAIN "a ' 'a 911 C CA R WLS S S�3 r r�� r rW gy g gyr � aka � ��n o u a a 4$»� M � gy � MIR �QaQa $ W W�T- -- � MR Truxell, Rebecca From: Marzia M <marziuccia3 @hotmail.com> Sent: Monday, March 11, 2013 7:50 PM To: PZmail@MyDelrayBeach.com Subject: Public notice # 2013 -103 Re: Public Notice # 2013 -103 Notice of conditinal use. The Planning and Zoning Board. My whole family is against allowing Breathe Restaurant and Lounge to extend its operating hours to 2 :00 a.m. As bud music is played already till 2:00 disturbing the sleep of the people on the third floor. The vibrations and the sound are so loud that it makes it impossible for anyone to sleep. Even though the subject property is zoned CBS, the third floor of the same building is zoned residential. Please take the necessary steps to ensure that no loud noise is made in the parking lot on the premises after 12 :00 p.m. Thanking you for your consideration in this matter, greetings, Mrs. Marzia Balestrieri 1 FAIRFAX FAMILY MEDICINE r R t,g „r X A Virginia Commompralth Univershy Residaw Program n 3650Josepb Siea,irk Drive, 4” Floor MAR fiei4,ix, Virginia 2203,3 MAR ?ol3 D4,003).391-2020 PLAN f,_ax: (70.3). 391 -1211 i�lhP �' 6r �@lil k March 6, 2013 Planning and Zoning Board c/o Planning and Zoning Department Office City of Delray Beach City Hall 100 NW 1gt Avenue Delray Beach, FL 33444 RE: Breathe Restaurant Conditional Use Request To whom it may concern: I am writing to comment negatively on the request by Breathe Restaurant to extend its operating hours from midnight to 2am seven days a week. I own one of the condominium units on the 3`d floor of that same building, Unit L -19. I have a tenant in my unit who has lived there for almost two years. Suffice to say, this building was always meant to be mixed use and, as such, all tenants are aware of the give -and -take required in that setting. However having businesses open until 2 am with residents trying to sleep with just one floor between the bar and their bedrooms is unacceptable. Described on one website as having a "sizzling late night crowd," I feel certain this will negatively affect the quality of life for the residents on the 3rd floor of 401 W. Atlantic Ave. sincerely, Maura J. 5ughrue, MD User: BELTRAN CITY OF DELRAY BEACH 03/14/2013 09;18:03 CALLS FOR SERVICE @ 401 W ATLANTIC AVE 1/1/2012 - 3/14/2013 r evlst3 Page 1 Prime Report # Date Time Nature 1,ocatian Unit D4. Close Tune 01103/2012 16:20 AUDIBLE ALARM 401 W ATLANTIC AVE A35 Al 01103/2012 16:32 :38 01/0312012 16:42 AUIIIBLI? ALARM 401 W ATLANTIC AVE C36 Al 01/03/2012 16:55:27 01/08 /2012 21 :24 TRAFFIC STOP 401 W ATLANTIC AVE D29 CIT 01/08/2012 21 :50:38 01/13/2012 22;38 SUSPICIOUS 401 W ATLANTIC AVE C36 CAD 01/13/2012 23:00:33 O 1/16/2012 07:30 RECKLESS 401 W ATLANTIC AVE BOLO 01/16/2012 07:36 :21 12001115 02/01/2012 15:06 ELEVATOR 401 W ATLANTIC AVE BAT 1R 02101/2012 15:16 :51 02/02/2012 16:31 ANIMAL 401 W ATLANTIC AVE A46 CAD 02/02/2012 16A7 :06 02/09/2012 23;20 DISTURBANCE P3 401 W ATLANTIC AVE C36 CAD 02/09/2012 23;28:47 12002060 02/1412012 17'24 ACCIDENT P2 401 W ATLANTIC AVE A96 3L 02/14/2012 21 :51:40 12001535 02114/21 012 18:31 PUBLIC ASSIST 401 W ATLANTIC AVE CAN 02/14/2012 18 :35:10 12001537 02/14/2012 19:10 PUBLIC ASSIST 401 W ATLANTIC AVE SQl IR 02/14/2012 19;23;11 12002237 02/18/2012 13:58 BURGLARY 401 W ATLANTIC AVE A34 I11 02/18/2012 15 :45:23 12001680 02/18/2012 14:36 BOX ALARM 401 W ATLANTIC AVE E2 IR 02/18/2012 14:57:27 02/18/2012 15 :18 NEED CRIME 401 W ATLANTIC AVE CAN 02/1812012 17:27:11 02/18/2012 15:43 NEED CRIME 401 W ATLANTIC AVE DUP 02/18/2012 15 :44 :36 12002455 02/23/2012 08:12 ASSAULT P3 401 W ATLANTIC AVE N15 1R 02/23/2012 10:27 :03 12001902 02/24/2012 17:54 MEDICAL, 401 W ATLANTIC AVE BAT IR 02/24/2012 18:59 :07 12002551 02/24/2012 17:54 SUSPICIOUS 401 W ATLANTIC AVE A36 IR 02/24/2012 19:42:33 03106/2012 23:57 DISTURBANCE P2 401 W ATLANTIC AVE D27 NR 03/07/2012 00:06:15 12003479 03/14/2012 16:46 LARC13NY P3 401 W ATLANTIC AVE C34 IR 03/14/2012 20 :18:33 12003556 03/16/2012 13:12 SUSPICIOUS 401 W ATLANTIC AVE A45 FIR 03/16/2012 13:29:50 0311,6/2012 19:24 DISTURBANCE P2 401 W ATLANTIC AVE C35 CAD 03/16/2012 19:49;10 12003679 03/19/2012 08;18 DONJESTIC 401 W ATLANTIC AVE N35 IR 03/1912012 09 :22 :06 03/19/2012 10:55 SILENT ALARM P1 401 W ATLANTIC AVE A34 Al 03119/2012 11:08 :12 12004131 03/28/2012 12:13 ASSAULT P3 401 W ATLANTIC AVE A35 IR 03/28/2012 13:53:50 12005575 04127/2012 17:28 FIIT AND RUN P3 401 W ATLANTIC AVE F61 IR 04/27/201218:24:27 05/05/2012 09:03 AUDIBLE ALARM 401 W ATLANTIC AVE A36 A4 05105/2012 09:19:08 12006434 05/18/2012 12 :19 DISTURBANCE P2 401 W ATLANTIC AVE A35 IR 05/18/2012 13;00 :50 05/24/2012 15:59 TRAFFIC STOP 401 W ATLANTIC AVE C42 CIT 05/24/2012 16;09:22 05/25/2012 01:48 CIVIL MATTER P3 401 W ATLANTIC AVE C33 CAD 05/25/2012 02 :11:41 05/30/2012 18;04 ANIMAL 401 W ATLANTIC AVE C32 CAD 05/30/2012 18:39;00 06/10/2012 01 :11 TRAFFIC STOP 401 W ATLANTIC AVE F63 VW 06/10/2012 01:16:54 06/15/2012 14:01 FOUDW UP 401 W ATLANTIC AVE A35 SUPP 06/15/2012 15 :12:.16 06/19/2012 20:11 ACCIDENT 1>3 401 W ATLANTIC AVE C34 CAD 06/19/201221:41:32 07/01/2012 21:41 SUSPICIOUS 401 W ATLANTIC AVE C35 CAD 07/01/2012 21 :51:20 071011201.2 23:26 EXTRA PATROL 401 W ATLANTIC AVE C35 S79 07/01/2012 23:30;07 12008532 07/05/2012 17:43 POLICE SERVICE 401 W ATLANTIC AVE, 1x62 FIR 07/05/2012 1.8 :20:42 08/02/2012 03:08 EXTRA PATROL 401 W ATLANTIC AVE C35 S79 08/02/2012 03 :20 :51 0811812012 12:57 ABANDONED 401 W ATLANTIC AVE A36 CAD 081181201213:20:25 08/18/2012 13 :20 EXTRAPATROL 401 W ATLANTIC AVE A36 CAD 08/18/2012 13:27 :26 08/21/2012 07:33 EXTRA PATROL 401 W ATLANTIC AVE A35 $79 08/21/2012 07:40:55 12010701 08/25/2012 17:34 DISTURBANCE P1 401 W ATLANTIC AVE C34 1R 08/25/2012 18:02:17 08/30/2012 08:14 EXTRA PATROL 401 W ATLANTIC AVE A35 S79 08/30/2012 08:20:27 09/01/2012 09;22 EXTRA PATROL 401 W ATLANTIC AVE A35 S79 09/01/2012 09;41;00 09/11/2012 12 :00 EXTRA PATROL 401 W ATLANTIC AVE A35 S79 09/I1/2012 12:04:09 09/1112012 20:02 AUDIBLE ALARM 401 W ATLANTIC AVE F61 Al 09/11/2012 20:28:31 12011568 09/14/2012 15:44 LOST AND FOUND 401 W ATLANTIC AVE G5 IR 09/14/2012 15;47 :07 r evlst3 Page 1 Report # Date Tine Nature Location Prime Unit Disp. Close Tithe 12008994 09/17/2012 10:25 PDX ALARM 401 W ATLANTIC AVE SQ1 IR 09117/2012 10 :36;34 10/03/201.2 OI:l2 DISTURBANCEP2 401 W ATLANTIC; AVE K92 CAD 10/03/2012 01;25;14 10/03/2012 O1:27 EXTRA PATROL 401 W ATLANTIC AVE C35 S79 10/03/2012 01:35:08 10/03/2012 03:04 CIVIL, MATTER P3 401 W ATLANTIC AVE C36 CAD 10/03/2012 03:20 :30 12012741 10/10/2012 01:15 PXTRA PATROL 401 W ATLANTIC AVE C35 ARR 10/10/2012 02 :53:16 12012743 10/10/2012 01:45 DISTURBANCE P3 401 W ATLANTIC AVE N36 IR 10/10/2012 03 :49 :07 12012744 10/10/2012 02 :35 DISTURBANCE P3 401 W ATLANTIC AVE C32 IR. 10/10/2012 02:35:32 10/12/2012 17:07 .EXTRA PATROL 401 W ATLANTIC AVE F65 CAD 10112/201217:39 :22 10/12/2012 21 :411 EXTRA PATROL 401 W ATLANTIC AVE F21 S79 10/1211012 22;29:09 10112/2012 22 :17 DISTURBANCE P3 401 W ATLANTIC AVE F61 CAD 10/1211012 22;46:59 10/14/2012 23 :10 DISTURBANCE P3 401 W ATLANTIC AVE F£5 CAD 10/14/2012 23:59:43 12012959 10/15/2012 02:29 DISTURBANCE P2 401 W ATLANTIC AVE F65 ARR 10/15/2012 03:29:13 10/15/2012 15:20 FOLLOW 10P 401 W ATLANTIC AVE F21 NR 10115/201215 :53;47 10 /16 /2012 02 :01 EXTRA PATROL 401 W ATLANTIC AVE 2039 S79 10/16/2012 02;17:55 10/19/2012 02 :29 EXTRA. PATROL, 401 W ATLANTIC AVE F65 CAD 10/1912012 02:30:52 12013275 10/22/2012 01:51 VANDALISM P3 401 W ATLANTIC AVE C45 IR 10/22/2012 02;54:56 10/28/2012 02:17 S'T'OLEN VEHICLE 401 W ATLANTIC AVE CAN 1 D/2912012 02:21;39 10/28/2012 19:48 DISTURBANCE P3 401 W ATLANTIC AVE F455 CAD 10/28/2012 20 :16:12 10/28/2012 22 :30 EXTRAPATROL 401 W ATLANTIC AVE C35 S79 10/28/2012 22:34 :51 11/02/2012 12:56 EXTRA PATROL 401 W ATLANTIC AVE A35 S79 ' 11/02/2012 12:57;54 12010556 11/03/2012 08:59 BOX ALARM 401 W ATLANTIC AVE Ml 1R 11/03/2012 09:23:08 12013930 11/06/2012 16 :51 HIT AND RUN P3 401 W ATLANTIC AVE X52 ACC 11/06/2012 18:53 :10 11/08/2012 07 :00 EXTRA PATROL 401 W ATLANTIC AVE A35 S79 11/08/201207:15:24 11/11/2012 21 :46 DISTURBANCE P3 401 W ATLANTIC AVE C35 CAD 1 1111120 12 22:58:45 1.1/12/2012 02:20 POLICE SERVICE 401 W ATLANTIC AVE C45 CAD 11/12/2012 02 :28 :27 12014556 11/21/2012 02 :04 VANDALISM P3 401 W ATLANTIC AVE C46 IR 11/21/2012 03:09:36 12015005 12/01/2012 01:02 TRESPASS P2 401 W ATLANTIC AVE W1037 ARR 12/01/2012 04:29;15 12/03/2012 20:19 AUDMLI; ALARM 401 W ATLANTIC AVE C45 A4 12/031201220:34:13 12015210 12105/2012 20:27 FORGERY /COUNT 401 W ATLANTIC AVE C35 1R 12/05/201221-3111 12011659 12105/2012 21:26 MEDICAL 401 W ATLANTIC AVE M1 lit 12/0512N222:13:03 12/11/2012 21:46 CIVIL MATTERP3 401 W ATLANTIC AVE C35 CAD 12/1112012 22:07:31 12015694 12/16/2012 19 :12 DRUNK 401 W ATLANTIC AVE C38 lk 1 2/16120 12 20 :05;44 12/24/2012 00:44 SUSPICIOUS 401 W ATLANTIC AVE W1008 CAD 12/24/2012 00:53,40 13040071 01/02/2013 15:17 LOST AND FOUND 401 W ATLANTIC AVE G17 IR 01/02/2013 15:19:13 01/03/2013 20:49 DISTURBANCE P2 401 W ATLANTIC AVE C35 COA 01/03/2013 21:01:49 01/14/2013 02:26 POLICE SERVICE 401 W ATLANTIC AVE C46 NR 01/14/2013 02:41:01 01/18/2013 23 :52 DISTURBANCE P3 401 W ATLANTIC AVE C45 CAI) 01/1912013 00 :21.35 01/19/2013 01 :35 EXTRA, PATROL 401 W ATLANTIC AVE C45 S79 01/19/2013 02:22 :10 01/2012013 01:56 EXTRA PATROL 401 W ATLANTIC AVE C45 S79 01/20/2013 02:31:23 01/23/2013 21:12 EXTRA PATROL 401 W ATLANTIC AVE X36 S79 01/23/2013 22:09:32 01/2412013 I I: I6 FOLLOW UP 401 W ATLANTIC AVE A34 NR 01/24/2013 11 :39:52 0112412013 14.19 EXTRA PATROL 401 W ATLANTIC AVE X35 S79 01/24/2013 14 :44:16 01/29/2013 02:38 DISTURBANCE 113 401 W ATLANTIC AVE C35 CAD 01/2912013 02:42:14 01/29/2013 03:07 DISTURBANCE P3 401 W ATLAN'T'IC AVE C35 CAD 01/29/2013 03;19:27 13001458 01/31/2013 17:18 VANDALISM P3 401 W ATLANTIC AVE C34 IR 01/31/2013 18:06.16 02/0112013 16 :19 LARCENY P3 401 W ATLANTIC AVE CAN 02/01/2013 16:43:20 02/01/2013 22 :36 EXTRA PATROL 401 W ATLANTIC AVE X36 S79 02/01/2013 23 :01;27 02101/2013 23:58 EXTRA PATROL 401 W ATLANTIC AVE F64 CAD 02102/2013 00:27 :47 02/03/2013 02:14 SUSPICIOUS 401 W ATLANTIC AVE C35 VW 02103/2013 02:23 :41. 13001657 02/04/2013 11:53 POLICE SERVICE- 401 W ATLANTIC AVE F62 1R 02/04/201313 :04;40 13001691 02/05/2013 09:23 LARCENY P3 401 W ATLANTIC AVE A35 IR 02/05/2013 10:05:22 CALLS FOR SERVICE @ 401 TYATLANTIC AYR Page 2 Report # pate Time NaWre Location 13003435 02/07/2013 16:52 SUSPICIOUS 401 W ATLANTIC AVE 02/14/2013 19 :29 EXTRAPA'TROL 401 W ATLANTIC AVE 02/1312013 06:37 EXTRA PATROL 401 W ATLANTIC AVE 02118/2013 09:51 EXTRA PATROL 401 W ATLANTIC AVE 02/20/2013 13:41 TRAFFIC 401 W ATLANTIC AVE 03/01/2013 15 :20 TRAFFIC STOP 401 W ATLANTIC AVE 03/03/2013 09:50 03/051201318;22,10 401 W ATLANTIC AVE 03/05/2013 04:45 EXTRA PATROL 401 W ATLANTIC AVE 03/05/2013 18,09 EXTRA PATROL 401 W ATLANTIC AVE 03/09/2013 04:15 EXTRA PATROL 401 W A'T'LANTIC AVE 03/09/2013 18:16 EXTRA PATROL 401 W ATLANTIC AVE 03/10/2013 03:19 DISTURBA14CE P2 401 W ATLANTIC AVE 03/11/2013 02:37 EXTRA PATROL 401 VII ATLANTIC AVE 03/11/2013 14:24 ASSAULT P3 401 W ATLANTIC AVE Total Nwnber of Events Listed: 112 Fume Unit Disp. Close Time C34 CAD 02/07/201317:11:10 C45 CAD 02/141201319:52:19 X35 S79 02/18/2013 06:50;00 X35 S79 02/18/2013 09:58 :05 X35 CAD 02/20/201313:59 :45 A34 CIT 03/01/201315 :37:46 DUP 03/0312013 09 :51:41 C35 CAD 03/05/2013 04 :59:05 C35 S79 03/051201318;22,10 C35 CAD 03/09/2013 04:21:53 05 S79 03/09/2013 1.8 :17:21 X36 CAD 03/10/2013 03 -26:31 336 CAD 03/11/2013 02:50:16 A35 IR 03/11/201315:34 :36 CALLNFOR NER DICE @ 401 W TLAN'fIC APF Page 3 ► V la 4 N I %" I Ir oig k Ll� ► sal T �y Qy F r� �1 aid f $ � ref s 0 ► ► ► ut m N C N m tr c E 0 c a v c O b o 4 sn v 4 � ro o Ry d 3 VI ID a ro � E c� aa sS c 4 o C 9J Ol v C t] D � v o ro a any ro R/ 7 aO/ C y q ri a of Qi Vi 'A CY : !'9 45 E 2 ■ . § ) k)) ! & \2} Cd 2 - ) \§ :\ \ §\ � : |� !\ {f\ §� Fa �ƒ� ] - #\�!\| :\ k]{ | JI ■ +I « ; � 7 ƒ k � ► ! / � A � ) � ,# � 1 � 9 \ & 2 \ k / ƒ \ : � \ ■ ;. � J � ` y \ # 7 j 2 § � $ � \ k § \ � + E � \ E CL C3co 92 \ \ \ � 5 � ƒ \ \ § - \� � L) C -@ \}$ °� . °e=r %bGSm §¥ ±$! \ / /ww WM� \E §E3E/ `fer aw` CL §\((# 3AJ ( / \u. 2\Qf§ 2 »[§ (© \0W§ yC3M \ \jn(j§ & Q1 lei 1 W 1 Cl 41 ? i l�l O _ i N 1 b `1�- �1 �d ai r Ln a w : v � of ^ r° ro cu t� u c v � v a Z,, mopo-' a }i � "n..� u ©f3 w i v L fq C p N E" EL 1 d �ll L GJ c 'A N 1. d 4FI E $ .S is C p V' 7 Q ro O o 0 u a c— v a. kA Z5 r�l ki L ' wE °� O ru ° o°c1O inro CC n 4Y E r0 C Dl rtl llJ �n rn L L7. C 4 t� m vl tiy- rn E 'rA �`• � -. . J CU M Vi CL M LA t� 0U- m �v. a. U1 0. aV) a LiU vJ�� � � U1u �T E� r. N i a r i.L H r+ C a J o r�� p o a D C U 7 �1 J7 7J O r N -0 tm a V 47 �, v cn a �' u 9' vi O ] U1 O OI L p LL 0 vi 0 p iA ill kli 7 C Q '� N 4 :z r6 7 [� 17 V) Ln kA -A R V [] h = t7 I- = 0 vi a � ii w n U S ,n� ji fu • w KU N b 1 ti 0 �f. C1 a CL 3 m ru :3 ) - c rn u •l v cl o C 2 SO In fu u W C ¢���i 7 ,Vi Cl aJ - a yam` $ b u c Vf ' I C w a ,_ E _ a m Er _ c ro v„t M C Q 7 1+ to ul - 7 L O } c ui �� �k: a `N nl �' 0,�3/1�raw �t .a 41 W > rr V I R ,�„ w ... . _. 4J 0 C J p - 7 Q .... u1_ d) 2 ME Q in {{ _ ' E rG � .Q p i� a 7C .a C i= e cc E vi J W raj ry n`1 y�m�r lab "7 V Intl L ur y tiL, a -0 'Y UUall v a a E I� 0 0 t� CL Vl v v tiJ vi a v dJ cn re lJ �. M N fV ¢Jj 1 rs ri BREATHE RESTAURANT 401 W. ATLANTIC AVENUE DELRAY BEACH, FLORIDA 561- 330 -4526 March 21, 2013 Amy Alvarez Planning and Zoning Department City of Delray Beach 100 NW 1 ST AVENUE DELRAY BEACH, FL 33444 RE: BREATHE RESTAURANT — CONDITIONAL USE 401 W. ATLANTIC AVENUE Ms. Alvarez: The owner of the Breathe restaurant has been operating a successful upscale restaurant business located at 401 W. Atlantic Avenue. The owner wishes to operate after midnight on the busy nights of the week. The City Land Development Regulations section 4.4.3 (w) allows for late night businesses or 24 hour business operations under a conditional use approval. The owner is requesting a conditional use approval to operate between the hours of midnight and 2 AM. This restaurant is a theme restaurant that provides a unique experience for the restaurant patrons by providing themes such as Mediterranean, Latin and international nights. In an effort to compete with other restaurants in the Palm Beach area that already stay open past midnight and in many cases outside of the city limits stay open past 2AM, the restaurant needs to capability to stay open until 2AM. The restaurant currently offers a full menu of food items to include appetizers, salads, soups, seafood's, steaks and a variety of deserts. Please see attached menu for full description of international flavor of meals. This menu is available at all times the restaurant is open and will continue to be served until 2AM if the conditional use is granted and on the nights the restaurant is open past midnight. The restaurant provides a renowned chef and associate food prepares that work at the restaurant until closing. Please feel free to stop by at any time for dinner or call me to discuss in more detail. Sincerely, i Amjid Hammad Owner MEMORANDUM TO: Mayor and City Commissioners FROM: Richard J. Reade, Sustainability Officer /PIO THROUGH: Douglas E. Smith, Interim City Manager DATE: March 29, 2013 SUBJECT: AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF APRIL 2, 2013 FEDERAL LEGISLATIVE & EXECUTIVE LOBBYING SERVICES ITEM BEFORE COMMISSION Request direction on the City moving forward to select a firm to provide Federal Legislative & Executive Lobbying Services. BACKGROUND Recently, City staff completed the process of preparing and requesting proposals to provide the City with Federal Legislative & Executive Lobbying Services. This process included the development of a Request for Proposals (RFP) and an advertisement in the local news media (March 7, 2013). As a result, the City received four (4) responses. The RFP specifications included the following evaluation criteria: Provide qualifications to provide federal and executive lobbying services Provide references from similar communities and issues Provide a list of federal lobbying clients Provide the approach that would utilized to represent the City before Congress, the Administration and federal agencies, in particular, to secure funding for beach renourishment and housing and community development issues Provide examples of successful legislative lobbying efforts Provide information on how the firm communicates and updates their clients Provide information on how the firm proceeds with securing federal funding for their clients, including Congressional appropriations, federal grants, incentives, etc. and avoiding federal unfunded mandates that may impact the City Please Note - The proposed term that was included with the RFP specifications was for one (1) year with up to three (3) one year renewals upon consent by both parties Prior to proceeding forward, staff is requesting direction from the City Commission on whether to move ahead with this selection process. If the Commission determines it is necessary to proceed, the following steps will be taken immediately: Select a Staff Review Committee — 5 members Establish the Committee's selection evaluation criteria (utilize the criteria included in the RFP) Establish and post the Committee's meeting location, time and date (must post for 5 calendar days prior to meeting) Notify the Inspector General's Office of the proposed meeting location, time and date Provide a recommendation to the City Commission City Commission makes final selection Negotiate agreement with selected firm It should also be noted that the current FY 2012 -2013 budget does not provided funding for these services. If approved, staff will include the requisite funding within the upcoming mid -year budget adjustments, which will be presented to the City Commission for approval at a later date. RECOMMENDATION Request direction on whether the City should move forward to select a firm to provide Federal Legislative & Executive Lobbying Services. k E 0 — o / § �§ o L LU 0 0 E v �§ 2 a § 2 2 a ® E v 0 2 o 2 0 6 -W � CL 04 W k © LO O 2 9 � > I c 0 2; w g § 0 U- 0 0 2 0 O N O �m �� �> t 0 ■ _ � ■ E � © 2 z ■ z ° ■ co % 0 2 § U ■ F- ° Q c © % E E c _ � 04 > 2 P.: 0 Z_ 2 k O Z ;a m w Co co 2 Lii 2 k k k V C/) q > _ q q w 2 �� q °� �0 o k L o V; 0 2 w 2 •- A2 o U) o> c° 0 CD 0 2 CD 0 0�� ©2 �c 2� 02 ■ 1k 04 k�k �k w 0 D w L U 0 0 o 0 t Q q q q E R J c ƒ \ 2 0 / O C/) � C 0 0 % cn �_ k k 2 ■ § 0 ® > a. U- 0 7 O k o m U) a LL u \ m Q > ADVERTISEMENT CITY OF DELRAY BEACH PROFESSIONAL FEDERAL LOBBYING SERVICES RFP No. 2013 -34 PURPOSE: The purpose and intent of this "RFP" is to obtain qualifications and enter into a contract with a qualified lobbying firm interested in serving as a Federal lobbyist for the City of Delray Beach for a period of one (1) year, with up to three (3) one year renewals upon consent by both parties. The City reserves the right to expand this service at a later date. Sealed Proposals in duplicate, one (1) unbound original and three (3) copies) will be received by the undersigned at the office of the Purchasing Officer, City Hall, 100 NW 1st Avenue, Delray Beach, Florida, 33444, until 1:00 PM on March 27, 2013 at which time they will be publicly opened and read aloud. Copies of the specifications may be downloaded from www.DemandStar.com, phone (800) 711 -1712, or may be obtained in hard copy from the Purchasing Office, City Hall, 100 N.W. 1St Avenue, Delray Beach, Florida, 33344 or requested via email nadal _mydelraybeach.com Any bid received after time and date specified will not be considered. One contract will be awarded for all work outlined above and described in the Request for Proposal. The City of Delray Beach, Florida reserves the right to reject any and all bids, to waive informalities, to re- advertise and to award the Contract in its best interest. Advertisement Date City of Delray Beach, Florida Thursday, March 7, 2013 By: Patsy Nadal, Purchasing Manager Palm Beach Post AFB -1 CITY OF DELRAY BEACH 100 NW 0 AVENUE, DELRAY BEACH, FL 33444 RFP No. 2013 -34 PROFESSIONAL FEDERAL LOBBYING SERVICES MAYOR VICE MAYOR DEPUTY VICE MAYOR COMMISSIONER COMMISSIONER INTERIM CITY MANAGER - THOMAS F. CARNEY, JR. -ADAM FRANKEL - ANGELETA GRAY - AL]ACQUET - CHRISTINA MORRISON - DOUGLAS E. SMITH Purchasing Division +Finance Department ♦(561) 243 - 7161/7163 ♦Fax (561) 243 -7166 CITY OF DELRAY BEACH INVITATION TO BID RFP No. 2013- 34 AGREEMENT FOR PROFESSIONAL FEDERAL LOBBYING SERVICES Table of Contents Invitation to Bid 2 General Conditions, Instructions and Information 3-6 Indemnity /Hold Harmless Agreement 7 Cone Of Silence 8 Insurance Requirements 9 Insurance Form Samples 10 Standard Form of Agreement 11 -15 Corporate Acknowledgment 16 Certificate (If Corporation) 17 Schedule of Pricing 18 Drug Free Workplace Certification 19 References 20 Bid Signature Form 21 Statement of No Bid 22 Evaluation Criteria 23 -30 Attachments 31 -35 Exhibits 36 -39 Page 11 CITY OF DELRAY BEACH PURCHASING OFFICE 100 N.W. 1st AVENUE DELRAY BEACH, FL 33444 (561) 243 - 716117163 Fax: (561) 243 -7166 RFP No: 2013 -34 DATE: March 7, 2013 TITLE: PROFESSIONAL FEDERAL LOBBYING SERVICES BIDS MUST BE RECEIVED ON OR BEFORE: WEDNESDAY, MARCH 27, 2013 @ 1_:00 P.M. at which time all bids will be publicly opened and read. This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: The purpose and intent of this "RFP" is to obtain qualifications and enter into a contract with a professional federal lobbying firm for the purpose of providing federal lobbying services for the City. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed, or delivered to the City of Delray Beach, Purchasing Office, 100 NW First Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: BID NUMBER TITLE AND DATE OF BID OPENING OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE (1) UNBOUND ORIGINAL AND FIVE (5) COPIES OF REQUIRED BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. Copies of the specifications may be downloaded from wv�- ';.1)es, €410Ar,%,om, phone (800) 711 -1712, or may be obtained in hard copy from the Purchasing Office, City Hall, 100 N.W. 1s' Avenue, Delray Beach, Florida, 33344. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 10 of General Conditions. The Proposer understands that this RFP does not constitute an offer or a contract with the Proposer. An official contract or agreement is not binding until proposals are reviewed and accepted by appointed staff; approved by the City Commission and executed by the parties. All servicelwork performed shall be in accordance with the terms of this RFP pertaining thereto, which may be examined at the office of the Purchasing Division, 100 N.W. 1'5' Avenue Delray Beach, Florida, 33444. Call Purchasing at 561 -243 -7161 or email; nadal m delra beach.com for information. THE City of Delray Beach reserves the right to add, delete or drop -out of any services from this RFP or resulting contract when deemed to be in the best interest of the City. The awarded vendor will be requested to submit a quote on any additional services to be performed to be added to the contract. The City of Delray Beach, Florida reserves the right to accept and/or reject any and all proposals, to waive informalities, to re- advertise and to award the Contract in its best interest. Page 12 GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION DEFINITIONS: For the purpose of this Request for Proposal (RFP): "Proposer" shall mean contractors, consultants, agencies, organizations, firms, or other persons' submitting a response to the RFP. Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to RFP. Proposer should prepare their proposal simply and economically providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. INQUIRIES: Interested Proposer may contact the City's Purchasing Manager regarding questions about the proposal at 100 NW 1s' Avenue, Delray Beach, Florida 33444 at (561) 243 -7161. Please submit written requests for clarification or questions concerning the meaning or interpretations for this RFP, no later than February 22, 2013. These requests may be faxed to the Purchasing Division at (561) 243 -7166 or emailed to naaaln.my�eIraybea lixom. The City may record its responses to inquiries and any supplemental instructions in the form of a written addendum. The City may issue a written addendum before the date fixed for receiving the proposal. No oral explanation may be given. All Proposers are expected to carefully examine the proposal documents. Any ambiguities or inconsistencies should be brought to the attention of the City through written communication prior to the opening of the proposals. The City may delay scheduled due dates if it is to the advantage of the City to do so. The City will notify Proposers of all changes in scheduled due dates by written addendum. AS SPECIFIED: A Contact and Purchase Order will be issued to the successful Proposer with the understanding that all items /services delivered must meet the specifications herein. Items /services delivered not as specified, will be returned at no expense or penalty to the City of Delray Beach. SELECTION PROCESS: In its discretion the City may require any Proposer to make an oral presentation of the proposal. These presentations provide an opportunity for the Proposer to clarlfy the proposal for the City. The City wilt schedule any such presentation, if required. 1. SUBMISSION AND RECEIPT OF RFPs: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated In the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Request for Proposal. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. PRICES: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. Page 13 D. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DELIVERY: A. All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. B. Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified on bid form. 5. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 6. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 7. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 8. LIABILITY, INSURANCE, LICENSES, AND PERMITS: A. LICENSES: Proposer's, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of Florida at the time of the RFP receipt. The proposal of any Proposer that is not fully licensed and certified shall be rejected. B. LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rating no less than A -, VII or better. If you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City's Risk Management Office at (561) 243- 7150. See page eight (8) for Insurance Requirements. A "sample" certificate has been attached. SPECIFICATIONS: A. For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully compiles with our specifications. B. Any omissions of detail specifications stated herein that would render the materiallservice from use as specified will not relieve the bidder from responsibility. C. The issuance of a written addendum(s) is the only official method whereby interpretation, clarification, changes, or additional information is provided by the City. It shall be the sole responsibiiity of each bidder, during and prior to Bid submittal to determine if addendum(s) were issued to any particular RFP and to obtain a copy of said addendum(s) from demandstar.com or by contacting the Purchasing Department @ (561) 243 -7169 or 7163. NOTE: The City will make every effort to notify registered bidders by email that an addendum has been made to the Bid. The City shall not be responsible for providing notice of addenda to potential bidders who received a Bid package from other sources. Page 14 10. AWARD OF CONTRACT: The low monetary proposal will not in all cases be awarded the contract or purchase order. Contracts or purchase orders will be awarded by the City to the best responsible Proposer whose qualifications represent the most advantageous to the City, price and other factors considered. Evaluation of the RFP's will be made based upon the evaluation factors and standards heretofore set forth. The City reserves the right to reject any and all RFP's and to waive technical errors as heretofore set forth. In the event of a Court challenge to an award by any Proposer, damages, if any, resulting from an improper award shall be limited to actual RFP preparation costs incurred by the challenging Proposer. In no case will the award be made until necessary investigations have been made into the responsibility of the Proposer and the City is satisfied that the best responsible Proposer is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. 11. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified upon request. State Sales Tax Exemption Certificate No. 85- 8012621559C -4 appears on each purchase order. 12. FAILURE TO BID: If you do not bid, return "Statement of No Bid Form" and state reason. Otherwise, YOUR NAME "MAY" BE REMOVED FROM OUR MAILING LIST. 13. EXCEPTIONS TO CONDITIONS: Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 14, RENEWAL: The parties may renew the contract, at the same terms, conditions; and prices, for up to three (3) consecutive terms of one (1) year if agreed to by both parties in writing. 16. TERMINATION OF AGREEMENT: The obligation to continue series under th,s Agreement may be terminated by cause by either party upon seven (7) days written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. City shall have the right to terminate this Agreement or suspend performance thereof without cause upon fourteen (14) days written notice to proposed, and Proposer shall terminate or suspend performance of services on a schedule acceptable to the City or at the end of the fourteen (14) day period day period, at the option of the City. In the event of termination or suspension, City shall pay Proposer for all services performed through the date of notice of termination or suspension. Proposer shall provide City with a complete file of all accounts notified, up to the termination date, which remains unpaid. 16. ANTI - COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 17. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of Federal and State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of its' branches. Page 15 18. CITY POLICIES: Awarded contractor shall comply with the City of Delray Beach Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Delray Beach Human Resources Division. Violations of these policies may result in cancellation /termination of the contract. 19. NON - DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and appiicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 20. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 21. BID PROTEST: The time limit for filing a protest is five (5) calendar days from the date bid results become public information. A protest will only be considered to have merit if it can be proven that an action or lack of action by the City gave a bidder an unfair competitive advantage. In order to be considered, protest concerning the bid, RFP or RFQ solicitation or award must be filed in writing with the Purchasing Officer and may only be filed by the bidders who may be aggrieved the solicitation or award. Protest shail be addressed to: City of Delray Beach Purchasing Manager 100 NW 1St Avenue Delray Beach, FL 33444 Page � 6 1NDEMNITYIHOLD HARMLESS AGREEMENT Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there -from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this lndemnification ciause shall be borne by the Contractor The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. Contractor's Name Signature Page 17 COME OF SILENCE Bidders are advised that a bidder or anyone representing the bidder cannot communicate with any City Commissioner, or any City employee, other than the City employees located in the Purchasing Department regarding its bid, Le,, a "Cone of Silence ". The "Cone of Silence" is in effect from the date /time that the bid is placed on "Demandstar" by the City. The "Cone of Silence" will terminate upon the bid opening. However, bidders may communicate with City employees who are present at the mandatory pre -bid meeting during the actual pre -bid meeting. Once the pre -bid meeting is over, bidders may only communicate with employees of the Purchasing Division, Contractor's Name Signature Page 18 INSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of $100,000 each accident. 2. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $100,000,000. per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and /or Operations. c) Independent Contractors d) Products and /or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. Business Auto Policy - Coverage must be afforded an a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non -Owned Vehicles. d) Employer Non - Ownership. 4. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this bid and section and the above paragraphs in accordance with which such insurance is being furnished, and shall state that such insurance is required by such paragraphs of this contract. The successful bidder will include the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any Bind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate ". Page 19 Attachment I, I of 3 .ACORD. CERTIFICATE OF LIABILITY INSURANCE 6ATE(tAMmDYYYY, r'Raa11tER Good Insurance, Inc. P.O. Box A-1 Best City, USA 00000 THIS CERTIFICATE IS ItSUED AS A MATTER OF INFORMATION ONLY AND C40NFERS NO RIGIATS UPON TtiE CERTIFICATE F[OLnER, THIS CERTIFICATE 00U NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 8Y THE POLICIES BELOW. INSURERS AFFORDING COVCRAGE NAIL I. tNSUpE� Willing Workers Assoc. ABC give Anytown, USA 00001 INSUREIiA: Ptlf1GY HUMBER. 915UR5g$1 i'ODC t7U'iRATEUH FKSUKRC; TM INSURER U: rlmropf"�Lm COV tKAU Eb BELQW HAVE SEEN W$UEV TC THE INSURF0 NAMED ABOVE FOR THE POLICY PERIOD INDICATEC. NOTWITHSTANDING THE PDUCISS OF INSURANCE LISTED TERM OR CONOMON of ANY CDNTRACT OR 0-MLR DOCUMENT WrrH RESPECT TD WHICH THIS CERTIFICATE MAY BE ISSUED dR ANY RECKAREMENT, MAY AERTAAN, THE INSURANCE AFFORDED BY THE POLJUES DESCRIBED HEREIN I$ 8L)BJECT TO ALL THE TPYMS, EXCLUMNS AND CONDMONS DF SUCH POUGIES_ AGGREGATE UMITS SHOWN MAY HAVE BEEN RFDIJCEO GY PAID C.AIMS. MSR tl Ptlf1GY HUMBER. P4 CY EFFCC'RUE i'ODC t7U'iRATEUH l.IM1M TM SR rlmropf"�Lm E~cHOCGGRRENC>: : 500,000 WNEW.LIARILPrY GLP077604 01/01/10 01 /01 /1J. E ISES Ea�anuiJ i A CORe ffSiGIN- GENERAE L�ADfG,ITY AfEO I�CP iAitY mn .xvn S GxJd1AS 1.(0.GE � dC:C1A7 PERSON44.4ADV]NJURY S ' CENEPALAOCREG4TE t1'UQU'UUU Gr rF[,AG sREGA72l�TAPrI.lES PEA; PRQOUGFR•fl07+tF�jPRGG ; POLICY PFIQ LOG AUTCMOWXUA9%M (O [gSIK-'nSENGF.ELIMIT 3 .,300,000 A X ANYAUTO ALP077606 01/01/10 01/01/11 B001YIN.lURY f ALLOWNE'OAUPC3i gCHEDULEUAUTOS (IurporTOn7 .. -..-. SODILYrNJURY {ParaxidarK} S h4REOAUTOS NON-UNiT1EO AUTOS .. PROFERTYDA AGE (Fbf ncadnN} 4ARAOEifAP1UTY .. AUTO ONLY -EA ACCICE4T ¢ OTHS47HA4 ANY AISTO i Atil'OONLY: ACS E=r.."NMHRIELLALtA81LTTY EAC40CG MF"CE S AGGREGATE S OI.:CAiR GLNNS MACE i ; OTOUCTIBL£ S RETe *'N s v.cs A oTw• S WCNKLfW GOMFERUA -MM AND GUPLOYFWUAJDH wl;PO77606 03/01/10 03/01/11 E.L EACH ACCIDCOT Is 100,000 RFXaLUl>ED ECS]1'iVE EL MSEASE•EAFJAPLOYEE 3 100,000 pF`YriC6WM E.I..pISTJsSE- POLICYUMiT S ]BOO OOO 1{yb�,tSma;VauRds S$£t =1Al. P4avlsin4^.a aa11Wl USHER UEE VOFT[ON OF OPERATIO461 LOGA710HGlLLFHCLE8f F.XCLUS}0113 ADDED BY ENDOm.ENENTf BPECfALYITOV7310N3 THIS INSURANCE APPLICABLE TO (state project) *CITY OF DELRAY BEACH IS ADDITIONAL INSURED � q see attacYied endorsement. CITY OF DELRAY BEACH. -. 100 ,NW Ist AVENUE DELRAY BEACH, FL 33444 "OULD ANYOFTKE A80YE DESCIRMEa FUUMO NE CANCELLED BEFORFTHE EXPIRATION DATE Tit[RE-0F, TiG 161"DIIIG pi6l]RFR MLL ENDEAVOR Y0 MAIL 30 PAYy WRrTT£H 14CMC[To THE CFFrr4I0ATE HOLDER NAMED TO THL IWr. 8UF FXORE TO DO EO EL[ALL BarPOSE kit OBLIGATION OR LU'WLTTY CF AHY ICRD UPON THE LMALK, fry AGENTS OR RFPRESE4TATNE 0 ACORD CORPORATION 788 Page 110 STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of between the CITY OF DELRAY BEACH (hereinafter called CITY) and (hereinafter called CONTRACTOR). WITNESSETH: 20_, by and WHEREAS, the CITY prepared a Request for Qualifications (RFP #2013 -34) for Professional Federal Lobbying Services; and WHEREAS, the CONTRACTOR submitted a Proposal to the CITY and was selected by the CITY as the best and most qualified applicant; and WHEREAS, the CITY and CONTRACTOR have negotiated mutually satisfactory terms for the execution of this Project. NOW, THEREFORE, in consideration of the promises set forth in the Agreement and for other good and valuable consideration, the receipt of which is hereby acknowledged, and intending to be legally bound, the parties further hereto agree as follows- 1 . CONTRACTOR agrees to provide federal lobbying services by representing the CITY'S interests before the Federal Administration and/or applicable Federal Agency and U.S. Congress (House of Representatives and Senate) in accordance with the Detailed Scope of Work specifically stated in Exhibit "1 ". 2. The Contract between the CITY and the CONTRACTOR shall include the following documents which are attached hereto and incorporated herein by reference: CONTRACT DOCUMENTS PAGE NUMBERS Invitation to Bid 2 General Conditions, Instructions and Information 2-7 Indemnity /Hold Harmless Agreement 8 Cone of Silence 9 Insurance Requirements 10 Insurance form Samples 11 Standard Form of Agreement 12 -16 Corporate Acknowledgment 17 Certificate (If Corporation) 18 Schedule of Pricing 19 Paged/ Drug Free Work Place Certification 20 References 21 Bid Signature Form 22 Statement of No Bid 23 Lvaluation Criteria 24 -32 Attachments: A. Vendor's List 33 B Lobbyist Registration Form 34 C, Litigation History 35 D. Non- Collusion Statement Form 36 Exhibits: 1. Detailed Scope of Work 37 -38 2. Federal Subject Areas /issues 39 -40 3 Qualifications 41 3. The term of this contract shall commence upon execution by both parties and extend until one (1) year from the date of the execution of the contract. The parties may agree to renew the contract, at the same terms, conditions and price(s) for up to three (3) consecutive terms of one (1) year. 4. 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. 5. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses to: As to City: City of Delray Beach, Florida Attn: Finance Department 100 N.W. 1St Avenue Delray Beach, Florida 33444 As to Contractor: 6. 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. Page 112 7. The CITY and the CONTRACTOR each binds himself /herself, his/her partners, successors, assigns and legal representatives to other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 8. The CONTRACTOR for good and valuable consideration shall indemnify, defend and save harmless the CITY, its officer's, agents and employees from or on account of any claims, damages, received or sustained by any person or persons resulting from CONTRACTOR'S work; or by or in consequence of negligence in connection with the same, or by or on account of any act or omission of the said CONTRACTOR or his subcontractors, agents, servants or employees. CONTRACTOR agrees to defend, indemnify and save harmless the CITY, its officers, agents and employees, against any liability arising from or based upon 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, its officers, agents, or employees from all such claims, fees, and from any and all suits and actions that may be brought against the CITY, its officers, agents, or employees 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 their 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, its officers, agents, or employees which may result from the operations and activities under this contract whether the work be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. Page 113 9. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the OWNER. 14. This Agreement may be terminated by cause by either party upon seven (7) days advanced written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. CITY shall have the right to terminate this Agreement or suspend performance thereof without cause upon fourteen (14) days written notice to CONTRACTOR, and CONTRACTOR shall terminate or suspend performance of services on a schedule acceptable to the CITY or at the end of the fourteen (14) day period, at the option of the CITY. In the event of termination or suspension, the CITY shall pay CONTRACTOR for all services performed through the date of notice of termination or suspension. CONTRACTOR shall provide CITY with a complete file of all accounts notified, up to the termination date, which remains unpaid. 11. The CONTRACTOR shall furnish, on an annual basis, as required by the CITY an audited financial statement of CITY collection activity. 12. The CONTRACTOR shall notify the particular contact person for the CITY as determined by the CITY and based upon the information required. 13. The contract documents constitutes the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. Page 1 14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. "01021 City Clerk Approved as to form: City Attorney I►JIIa041* &qqj (Print or type name and title) CITY OF DELRAY BEACH, FLORIDA Thomas F. Carney, Mayor CONTRACTOR: (Print or type name and title) (SEAL) Page 115 CORPORATE ACKNOWLEDGMENT COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by (name of officer or agent, title of officer or agent), of (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 (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Pap 16 CERTIFICATE (IF CORPORATION) STATE OF FLORIDA } SS COUNTY OF I HEREBY CERTIFY that a meeting of the Board of Directors of , a corporation under the laws of the State of held on was duly passed and adopted: 20_, the following resolution "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 ". 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) Page 117 f SCHEDULE OF PRICING RFP NO. 2013 -34 Professional Federal Lobbying Services Pricing is to be all inclusive of costs and expenses to be paid monthly to CONTRACTOR within thirty (30) days of submission of any invoice to the CITY. COMMENTS: Vendor Name: (per month) ADDITION /DELETION OF ITEMS: The City of Delray Beach reserves the right to add or delete any item(s) from this bid or resulting contract when deemed to be in the best interest of the City. The awarded vendor will be requested to submit a quote on any new areas to be added to the contract. Page 118 DRUG FREE WORKPLACE CERTIFICATION RFP No. 2013 -34 Professional Federal Lobbying Services 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 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 workpiace through implementation of this section. Contractor's Name Sianature Page; 19 WORK REFERENCES RFP No. 2013 -34 Professional Federal ,Lobbying Services Please complete this page or attach your reference page to this sheet. Agency /Company Address City, State, Zip Contact Person Telephone Date(s) of Service Type of Service Comments: Address City, State, Zip Contact Person Telephone Date(s) of Service of Service Comments: Agency/Company Address city. State, ZIP Contact Person Telephone Date(s) of Service Type of Service Comments: Contractors Name: Page 120 CITY OF DELRAY BID SIGNATURE FORM RFP No. 2013 -34 Professional Federal Lobbying Services PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) The undersigned bidder certifies that this bid package is submitted in accordance with the specification hi its entirety and with full understanding of the conditions governing this bid. `Name of Bidder (Firm Name as Registered with their State of origin) Business Address: Street Address (P.O. Box Address is not permitted) City, State, Zip Mailing Address: ❑ Check if Same as Business Address above Street Address City, State, Zip Authorized Signature (Written) Print Name and Title of Person Signing this Form Date Telephone 1 Fax No. Email Address of Authorized Signee: VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER CONTACT NAME: TELEPHONE: EMAIL ADDRESS: Thank you for your interest in the City of Delray Beach Page 121 CITY OF DELRAY STATEMENT OF NO BID RFP No. 2013 -34 Professional Federal Lobbying Services If you are not bidding on this service /commodity, please complete and return this form to: City of Delray Beach Purchasing Department, 100 NW 1 st Avenue, Delray Beach, Florida 33444. Failure to respond may result in deletion of vendor's name from the qualified bidders list for the City of Delray Beach. VENDOR NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: Minority Owned Business: ❑ Black ❑ Hispanic ❑ Woman ❑ Other We, the undersigned have declined to bid on Bid No. 2013 -34 due to the following reason(s): Please Check below: ❑ Specifications too "tight ", i.e., geared toward brand or manufacturer only (explain below) ❑ 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 in detailed scope of work ❑ Unable to meet qualifications ❑ Specifications unclear (explain below) ❑ Other (specify below) Remarks /Other: SIGNATURE: DATE. Page 122 Evaluation Criteria With regard to the Evaluation criteria, each firm has a continuing obligation: to provide the City with any material changes to the information requested. The City reserves the right to obtain additional information from interested firms. CITY OF DELRAY Evaluation Criteria Provide answers below. If you are submitting a RFP No. 2013 -34 response as a joint venture, you must respond to each question for each entity forming the joint venture. When an entire response cannot be Project - Specific Criteria entered, a summary, followed with a page number reference where: a complete response can be found is acceptable. 1. List the names, titles, and describe the experience, qualifications, and other vital information of all key personnel that will be assigned to work on City of Delray Beach matters. Key personnel include all partners, managers and other professional employees that will perform work or services on this project, Your answer should include an outline of each key person's area of federal lobbying responsibility, including any relevant lobbying experience on federal legislative or executive branch issues or projects performed for City of Delray Beach or other similar urban local governments. (Refer to Exhibits 1 -3 in considering your response). If the firm intends to use any subcontractors to perform services identified in Attachment A, then identify the services to be subcontracted, the person or firm that will be providing such services and describe in detail federal lobbying experience, qualifications and its specific engagement role in this project. (Refer to Exhibits 1 -3 in addressing the expertise and qualifications of any proposed subcontractor) 2. Describe the firm's past performance and experience in representing comparable government (e.g., medium -sized urban cities). Address the qualification issues in Exhibit 3 to the RFP. 3. Provide a description of three (3) contracts performed by the firm that are similar to this project, whether ongoing or completed in the last three years, excluding City of Delray Beach, The description should include the following information: a) Client name; b) Description of work performed; c) Contract dollar value; d) Dates covering the term of the contract; e) Name of primary contact, phone number, and E -mail f) Results of the services/ project performed, 4. Provide a complete list of the firm's clients during the past three (3) years, including clients represented before the City of Delray Beach City Commission, regardless of whether the firm was the prime contractor or a sub- contractor. If the firm did not represent clients before the City Commission, please indicate so. 5. Describe any other federal experience in representing City and/or municipal governments before the legislative and executive branch of the federal government relevant to the qualification issues in Exhibit 3 of this RFP. Page 123 6. Describe the firm's understanding of, and experience with, major urban City issues and discuss at least three (3) key City of Delray Beach issues (refer to Exhibits 2 and 3, Paragraph 2), and describe the unique qualities the firm can provide to the City which differentiate the firm from other potential proposers. 7. Discuss the firm's specific experience and successes on major urban City issues. Provide at least three (3) issues that are different from Question 6. 8. Describe the firm's approach (including any techniques, management strategy, assignment of specific personnel, scheduling and prioritizing of work, reporting, etc.) to be used in representing City of Delray Beach before Congress, the Administration and federal agencies. 9. Using the following 2 issues: Beach Renourishment and Housing and Community Development, please describe the firm's approach /strategy for lobbying the issues selected before the Administration or applicable federal agency and Congress on behalf of Ci of Delray Beach, 10. Provide an example of legislation (e.g., bill, amendment, report language, etc.) the firm prepared (wrote) on behalf of a comparable local government client for introduction in Congress. 11. Provide an example of a successful legislative and executive branch project undertaken for a government or private client during the past three (3) years; and provide an example of written documentation prepared for presentation before a legislative committee and Executive Branch agency. 12. Describe in detail the firm's federal level experience (Legislative and Executive Branch) relating to the following fields: a) Appropriations & Grants b) Transportation c) Human Services Issues /Funding d) Housing and Community Development g) Energy, Environment, and Natural Resources h) Economic Development and Trade (Consider Exhibit 3 when providing. your response) 13. Describe the method(s) the firm uses to communicate with a client on its projects and issues, and provide examples of such communication with a comparable government client on an issue before Congress and the Executive Branch. 14. Describe how the firm plans to establish, maintain, and enhance working relationships between City officials and staff and key members of Congress, committee staff and key officials of the Administration and federal agencies. 15. Describe how the firm would enhance the City's financial position with respect to obtaining Congressional appropriations, Federal grants, incentives, etc. and avoiding federal unfunded mandates that may impact the City. Page 124 CITY OF DELRAY Provide answers below. When an entire response cannot be entered, a summary, followed with a Evaluation Criteria page number reference where a complete RFP No. 2013 -34 response can be found is acceptable. Company Profile 1. Supply legal firm name, headquarters address, local office addresses, state of incorporation, and key firm contact names with their phone numbers, E -mail addresses,_and firm website address. 1 Supply the interested firm's federal ID number and Dun and Bradstreet number. 3. Is the interested firm legally authorized, pursuant to the ❑ YES ❑ NO requirements of the Florida Statutes, to do business in the State of Florida? 4. All firms are required to provide their financial statements at the time of submittal in order to demonstrate the firm's financial capabilities. Failure to provide this information at the time of submittal may result in a recommendation by the Purchasing Manager that the response is non - responsive. Each firm shall submit its most recent two (2) years of financial statements for review. The financial statements are not required to be audited financial statements, With respect to the number of years of financial statements required by this RFP, the firm must fully disclose the information for all years available; provided, however, that if the firm has been in business for less than the required number of years, then the firm must disclose for all years of the required period that the firm has been in business, including any partial year -to -date financial statements. The City may consider the unavailability of the most recent year's financial statements and whether the firm acted in good faith in disclosing the financial documents in its evaluation. Any claim of confidentiality on financial statements should be asserted at the time of submittal. (see below) * * ** *ONLY "IF" claiming Confidentiality * * * ** The financial statements should be submitted in a separate bound document labeled "Name of Firm, Attachment to Proposal Package, RFP# - Confidential Matter ". The firm must identify the specific statute that authorizes the exemption from the Public Records Law. CD or DVD disks included in the submittal must also comply with this requirement and bidder must separate any materials claimed to be confidential. Failure to provide this information at the time of submittal and in the manner required above may result in a recommendation by the Purchasing Manager that the response is non - responsive. Furthermore, proposer's failure to provide the information as instructed may lead to the information becoming public. Page 125 5. Litigation History Requirement: The City will consider a vendor's litigation history information in its review and determination of responsibility. All vendors are required to disclose to the City all "material" cases filed or resolved in the three (3) year period ending with the solicitation response due date, whether such cases were brought by or against the vendor, any parent or subsidiary of the vendor, or any predecessor organization, If the vendor is a joint venture, the information provided should encompass the joint venture (if it is not newly- formed for purposes of responding to the solicitation) and each of the entities forming the joint venture. For purpose of this disclosure requirement, a "case" includes lawsuits, administrative hearings and arbitrations. A case is considered to be "material" if it relates, in whole or in part, to any of the following; 1. A similar type of work that the vendor is seeking to perform for the City under the current solicitation; 2. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation; 3. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract; 4. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary); or 5. A criminal proceeding or hearing concerning business- related offenses in which the vendor or its principals (including officers) were /are defendants. Notwithstanding the descriptions listed in Paragraphs 1 — 5 above, a case is not considered to be "material" if the claims raised in the case involve only garnishment, auto negligence, personal injury or a proof of claim filed by the vendor. For each material case, the vendor is required to provide all information identified in the form attached as Attachment "J ". A vendor is also required to disclose to the City any and all case(s) that exist between the City and any of the vendor's subcontractors, and or, subconsultants proposed to work on this project. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the vendor being deemed non- responsive. Prior to making such determination, the vendor will have the ability to clarify the submittal and to explain why an undisclosed case is not material. Page �26 6. Has the interested firm, its principals, officers or ❑ YES ❑ NO predecessor organization(s) been debarred or suspended each question for each entity forming the joint from bidding by any government during the last three venture. When an entire response cannot he (3) years? If yes, provide details. reference where a complete response can he 7. Has your company ever failed to complete any work ❑ YES ❑ NO awarded to you? If so, where and why? The standard terms and conditions for the resulting ❑ YES (Agree) S. Has your company ever been terminated from a ❑ YES ❑ NO contract? If so, where and why? If no, you need to specifically identify the terms Page l27 Provide answers below. If you are submitting a Legal Requirements response as a joint venture, you must respond to each question for each entity forming the joint venture. When an entire response cannot he entered, a summary, followed with a page number reference where a complete response can he ound is acceptable. 1. Standard Agreement Language: The standard terms and conditions for the resulting ❑ YES (Agree) contract are provided at page 12 -16. ❑ NO If no, you need to specifically identify the terms and conditions with which you are taking exception since they will be discussed with the Selection Committee. Please be aware that taking to the Qq,'s terms exceptimis standard be and conditions m viewed unfavorably-by impact the Selection Committee and intimately the „ .,li of s..h.. ktnl evaluation your 2. Additional Standard Agreement Language: Lobbying Prohibition: A lobbying firm selected to ❑ YES (Agree) represent the City, including its officers, employees, or agents, is prohibited from representing any person or ❑ NO (Exception) entity, irrespective of compensation, before the City please be aware that taking exception to this Commission during the term of the agreement. The term may be viewed unfavorably by the prohibition shall apply to all direct lobbying before the Selection Committee and ultimately impact the Commission, and any communication, whether verbal or overall evaluation of your submittal. written, with any member of the Commission, in the representation of a client on any matter that is scheduled for or pending consideration before the Commission. during the proscribed period, or on any matter that is reasonably foreseeable to be the subject of consideration or action by the Board. This limitation shall not apply when the United States Congress is in recess. State whether the firm can or cannot agree to this prohibition. Page l27 3. Additional Standard Agreement Language: Conflict of Interest: In providing services to City of Delray ❑ YES (Agree) Beach, 'a selected firm may not have any personal financial interest, direct or indirect, with any member of the Commission or any City employee. In addition, the Ei NO (Exception) firm may not represent any client whose interest is currently adverse to the interests of City. If, during the Please be aware that taking exception to this term of the Agreement, the firm determines that a client term may be viewed unfavorably by the it represents has or may potentially have an interest Selection Committee and ultimately impact the adverse to the interest of City, or firm is notified by the overall evaluation of your submittal. Firm's Contract Administrator of an existing or potential adverse interest with a client of the firm, then firm shall disclose such conflicting interste required -by the agreement. Additionally, before proposing, advocating, or otherwise advancing any legislation, administrative rule, regulation, or policy on behalf of a client, where such legislation, rule, regulation, or policy may potentially impact the City of Delray Beach and its operations, the firm shall disclose the representation and provide a copy of the legislation, administrative rule, regulation, or policy to the Contract Administrator. The firm further agrees that, if any conflict of interest arises, it will disclose, in writing, such interest to the City within three (3) days from the date the conflict arises, or within three (3) days after the firm receives verbal or written notification from the firm's Contract Administrator of an existing or potential adverse interest with a client of the firm. The written disclosure must provide sufficient information concerning firm's conflict including, but not limited to, name of the client presenting the conflicting position, the nature of the conflict, and the extent to which the firm is unable to provide the services described in the agreement. State whether the firm can or cannot agree to this prohibition. 4. Cone of Silence: This City's ordinance prohibits certain communications among vendors, City staff, and Selection Committee members. Identify any violations of this ordinance by any members of the responding firm or its joint venturers. The firm(s) submitting is expected to sign and notarize the Cone of Silence Certification (Attachment L). 5. Public Entity Crimes Statement: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit an offer to perform work as a consultant or contract with a public entity, and may not transact business with City of Delray Beach for a period of 36 months from the date of being placed on the convicted vendor list. Submit a statement fully describing any violations of this statute by members of the interested firm or its joint venturers. See, Section 287.133, Florida Statutes. Page. � 28 5, No Contingency Fees: By responding to this solicitation, each firm warrants that it has not and will not pay a contingency fee to any company or person, other than a bona fide employee working solely for the firm, to secure an agreement pursuant to this solicitation. For Breach or violation of this provision, City shall have the right to reject the firm's response or terminate any agreement awarded without liability at its discretion, or to deduct from the agreement price or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration. Submit an attesting_ statement warranting that the_ Responder has not and will not pay a contingency fee to any company or person, other than a bona fide employee working solely for the firm, to secure an agreement pursuant to this solicitation. 7. DRUG FREE WORKPLACE: 1, Do you have a drug free workplace policy? 1, ❑ YES ❑ NO 2. If so, please provide a copy of your drug free workplace policy in your proposal. 3. Does your drug free workplace policy comply with 3 ❑ YES ❑ NO Section 287.087 of the Florida Statutes? 4. If your drug free workplace policy complies with Section 287.087 of the Florida Statutes, please complete 4 ❑ YES ❑ NO the Drug Free Workplace Policy Certification Form. 5. If so, please complete the attached Drug Free Workplace Policy Certification Form, 5. ❑YES ❑ NO Failure to provide a notarized Certification Form in your proposal indicating your compliance or willingness to comply with the Drug Free Workplace requirements may result in your firm being ineligible to be awarded a contract. 8, Non - Collusion Statement: By responding to this solicitation, the vendor certifies that this offer is made independently and free from collusion. Vendor shall disclose on the "Non- Collusion Statement Form" (Attachment D) to their best knowledge, any City of Delray Beach officer or employee, or any relative of any such officer or employee as defined in Section 112.3135(1) (c), Florida Statutes (2012), who is an officer or director of, or had a material interest in, the vendor's business, who is in a position to influence this procurement. Any City of Delray Beach officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the City. of Delray Beach City Code. Page 129 Page 130 Provide answers below. If you are submitting a response as a joint venture, you must respond to each question for each entity forming tite joint Tiebreaker Criteria venture. Furthermore, to receive credit for a tiebreaker criterion, each entity forming the joint venture must meet the tiebreaker criteria. When an entire response cannot be entered, a summary, followed with a page number reference where a complete response can be found is acceptable. LOCATION in CITY OF DELRAY BEACH L. Is your from located in City of Delray Beach? l ❑ YES ❑ NO 2. Does your firm have a valid current City of Delray Beach Local Business Tax Receipt? 2. ❑ YES ❑ NO 3. Has your firm (a) been in existence for at least six (6) 3 ❑ YES ❑ NO months prior to the proposal opening (b) providing services on a day to day basis (c) at a business address physically located within the limits of City of Delray Beach (d) in an area zoned for such business and (c) the services provided from this location are substantial component of the services offered in the firm's proposal? If so, please provide the interested finn's business address in City of Delray Beach, telephone number(s), email address, and evidence of the City of Delray Beach Local Business Tax Receipt. Page 130 Required Forms to be Returned (Forms that follow this Title Page that need to be returned, i.e. Attachments A, B, C, etc.) Balance of Page Left Blank Intentionally Page 131 Attachment "A" - Vendor's List (Non- Certified Subcontractors and Suppliers Information) THIS FORM SHOULD BE SUBMITTED WITH THE RFP. Provide this information for any sub vendor(s) other than the entity responding to this RFP who will provide a service to the City for this solicitation. This includes major suppliers as well. 1. Firm's Name: 2. Firm's Address: 3. Firm's Telephone Number: 4. Firm's Website address: 5. Contact Name and Position: 6. Alternate Contact Name and Position: 7. Alternate Contact Telephone Number: 8. Bid /Proposal Number: 9. Type of Wor]dSupplies Bid: Firm's E -mail Address: Email Address: Contracted Amount: Award Date: 10. Please list all major Bills your Firm was involved with in the last Legislative Session and the result. 1 certify that the information submitted in this report is in fact true and correct to the best of my knowledge Signature Title Date Note: the information provided herein is subject to verification by the Purchasing Uivision. Use additional sheets for more subcontractors or suppliers as necessary. Page 132 Attachment "B" - Lobbyist Registration Form Fill out the information requested and return original completed form to the address below. It is the duty of each lobbyist to continually update this information. Application does not expire until a Paid Lobbyist Withdraw Form is submitted. A Fee of $25.00 is due upon registration of each principal or government entity, payable by cash or check. You may also register at PBCGOV.eom on line registration. Name of Lobbyist: Lobbyist Email: Firm Name. (if applicable) Business Address (Street /P.O. Box, City, Zip Code) Description of nature and extent of any direct business association or partnership with any current Government Entity Commissioner, Council Member, Advisory Board Member or Employee: Principal Represented Principal Contact Name: Principal Contact Email: Principal Firm Name: Address: Legislative Interest of Principal: Represented in the following Government Entities: In compliance with Palm Beach County Lobbyist Registration Ordinance, Palm Beach County Code, Chapter 2, Article VIII, as amended, I hereby submit this registration form, and state that the information contained herein is true and correct. Registrant /Lobbyist is authorized to represent the above principal X 1 Principal Signature Lobbyist Retained Date X _ J Registrant /Lobbyist Signature Date Return original completed form to: Todd Bonlarron, Legislative Affairs Director 301 N. Olive Avenue, Suite 1 101 West Palm Beach, FL 33401 (563) 355 -345I Page 133 Attachment "C" - LitilZation History NAME OF COMPANY: Page_ 134 ❑ Vendor: RFP #: ❑ Vendor's Parent Company: MATERIAL CASE SYNOPSIS ❑ Vendor's Subsidiary Company: ❑ Vendor's Predecessor Organization: Party Plaintiff ❑ - Defendant ❑ Case Name Case Number Date Filed Name of Court or other tribunal Civil ❑ Administrative /Regulatory ❑ Type of Case Criminal ❑ Bankruptcy ❑ Claim or Cause of Action and Brief description of each Count Brief description of the Subject Matter and Project Involved Disposition of Case Pending ❑ Settled ❑ Dismissed ❑ Judgment Vendor's Favor F] (Attach copy of any applicable Judgment, Settlement Agreement and Satisfaction of Judgment Against Vendor ❑ Judgment.) If Judgment Against, is Judgment Satisfied? Yes ❑ No ❑ Name: Opposing Counsel Email: Phone number: NAME OF COMPANY: Page_ 134 Attachment "D" - Non - Collusion Statement Form By signing this offer, the vendor certifies that this offer is made independently and free from collusion. Vendor shall disclose below, to their best knowledge, any City of Delray Beach officer or employee, or any relative of any such officer or employee as defined in Section 112.3135 (1) (c), Fla. Stat. (2012), who is an officer or director of, or has a material interest in, the vendor's business, who is in a position to influence this procurement. Any City of Delray Beach officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor. Failure of a vendor to disclose any relationship described herein shall be reason for debarment. NAME RELATIONSHIP (Vendor Signature) (Print Vendor Name) In the event the vendor does not indicate any names, the City shall interpret this to mean that the vendor has indicated that no such relationships exist. (Form is to be signed even if no names are listed) Page 135 Exhibit "1" - Detailed Scope of Work 1. Provide a full range of professional lobbying services and advocacy before legislative and executive branches of the federal government and their respective departments, agencies, offices, committees, and other federal governmental units with respect to all matters contained within City's federal legislative program, assigned executive branch projects and other issues or projects of the City as assigned by the City Commission, City Manager, and/or City Manager's designee, 2. Prepare the City's Federal Legislative Agenda/Priorities which may include development of a professional document and/or brochure outlining the City's priorities. 3. Advocate the City's federal legislative program, secure sponsors for necessary bills, amendments, and resolutions, monitor legislation and administrative rules and regulations and identify other areas of interest and concern to the City. 4. Identify grants and other types of funding which may be available to assist the City in its infrastructure and programmatic investments and advocate those interests and concerns on behalf of the City. On the City's behalf, establish and maintain contacts with federal agencies, supervise and monitor City handing application under consideration by such agencies. 5. Confer with City Commissioners, the City Manager, Department /Division Directors and such other City personnel as the City Manager, or his /her designee, may designate on any legislative or executive matter which may impact the City and take any necessary action, as determined by the City Commission or City Manager. 6. Confer with the City regarding any proposed formula changes in federal programs to determine their impact on the City and take the necessary steps, including advocating formula changes for the City, as determined by the City Commission or City Manager, 7, Arrange meetings for City Commissioners and City staff with members and officials of the Legislative and Executive Branch of the federal government and other entities as appropriate, including members of Congress in leadership positions, key legislative committee members, executive branch leaders, and key officials within the Administration and federal agencies. K Identify opportunities for City of Delray Beach officials to appear before Congressional committees and members of Congress to testify or discuss issues of concern to the City and to provide research materials, written testimony, or other assistance, if requested, for use by City officials in conjunction with their appearances or meetings. 9. Monitor and review federal executive proposals, proposed and adopted administrative rules and regulations, legislation under consideration and other developments for the purpose of advising the City on items that may impact City policies and/or programs or which may potentially benefit the City. 10. Be available during any congressional session and at other times as requested to; assist in writing, interpreting, and monitoring legislation, agency rules and regulations; drafting legislation., amendments, report language, position papers, testimony and other documents; obtaining documentation and research materials; and securing sponsors for bills, amendments, resolutions, report language and other legislation, as necessary to accomplish the City's federal legislative and executive branch goals, 11. Upon request of the City Commission or City Manager, as applicable, draft, review and comment on the City's proposals which are being prepared for submission to Congress, the Federal Administration, and /or federal agencies. 12. Prepare and submit written reports, as required by the City Commission, City Manager, and /or designee, regarding the status of assigned issues and projects, and describing the activities undertaken and progress made to achieve such matters, including weekly or monthly legislative updates, status reports, end -of- session reports, and/or issue - specific reports, in conjunction with weekly telephone calls relating to any City federal legislative or executive branch issue or project assigned. Page 136 13. Provide such other services and representations as are typically performed or provided by governmental lobbyists, as designated by the City Commission or City Manager, as applicable. Such services may include, but are not limited to, participation in associations or coalitions with similar objectives as the City, including the National League of Cities (NLoQ and coordinating activities with lobbying representatives of other public or private entities where issues of common interest exist and such a coordinated lobbying effort will benefit the City. 14. Provide list of work efforts with all monthly invoices prior to payment. 15. Meet with City Commission in- person, on a regular basis and/or when needed, including to provide Start of Session, Mid - Session (may result in multiple updates) and End of Session Reports. Page l37 Exhibit "2" - Federal Subject Areas /Issues a) Appropriations/Project Funding b) Transportation Issues /Transit Funding /Permitting c) Environmental Policy Issues /Permitting Human Services Issues /Funding,_ e) Justice and Public Safety f) Business Development /Green Initiatives g) Finance and Taxation h) Consumer Services and Insurance Issues i) Beach Renourishment/Shore Protection Project Funding /Policy issues j) Public Works - General /Funding k) Water & Wastewater Infrastructure Projects Funding 1) Local Government Preemption m) Economic Development /Int'l. Trade Issues n) Tourism /Commerce o) Hurnan Resources /Employee Benefits p) Health Care Policy and Funding /Medicaid q) Housing & Community Development r) Telecom muni cat ion s /E- Commerce s) Unfunded Mandates /Home Rule Authority Protection t) Solid Waste /Recycling /Waste to Energy u) Emergency Management /Disaster Preparedness and Recovery /Funding v) Federal Courts Issues /Funding w) Parks and Recreation x) Sustainability /Climate Impacts /Policy Issues/Funding y) Air /Water Quality Issues /Funding z) Immigration Policy aa) Energy IssueslFunding bb) Arts and Culture IssueslFunding cc) Homeland Security IssueslFunding dd) Water Resources Development Act (WRDA) Legislation Page 138 Exhibit "3" - Qualifications The Contractor should, at a minimum, possess the following qualifications: a) a strong working knowledge of the legislative., administrative and regulatory processes at the federal level; b) a clear understanding of urban areas, including specific knowledge of the City of Delray Beach, federal programs administered by the City and a knowledge of the funding needs and policy issues important to the City of Delray Beach; c) a history of successful lobbying experience at the federal level; d) a clear strategy for representing the City at meetings with key legislators and members of the Executive Branch; e) the ability to liaise with members of Congress, the White House and /or federal agencies; f) sufficient expertise to provide legal and legislative research upon request; g) resources to attend congressional and administrative hearings, monitor legislative and administrative developments, and to provide appropriate reports to the City; h) experience in identifying and securing various sources of federal funding; i) experience in coordinating communications and meetings with members of Congress and the Administration; j) experience in working with Senate and House Committees; k) resources to help facilitate meetings with, and communications between all areas of the federal government, including, committee leadership and senior staff, 1) the ability to provide timely notice of congressional and agency hearings; and m) the ability to provide written and verbal reports. The Contractor should also possess knowledge and /or involvement with, national organizations or associations (and their legislative policies or recommendations) in which urban City governments, like the City of Delray Beach, participate, including the National League of Cities. In addition to the minimum qualifications in Paragraph 1, the Contractor should possess substantial working knowledge and experience with the following specific areas, including the identification of grant /appropriations programs in such areas and successful experience in securing grants /appropriations from such programs: International Trade, Commerce, and Tourism Issues — a) extensive knowledge and experience to assist City of Delray Beach's efforts to promote its international trade, commerce, and tourism issues; b) working knowledge of existing and proposed fees or tariffs on the industry; c) working knowledge of, or involvement with, the International Trade Administration's activities, legislative policies, or recommendations; d) established relationships with the Office of the U.S. Trade. Representative and other key senior officials in related Executive Branch agencies, including the Department of Homeland Security, U.S. Customs and Border Protection, TSA, Department of Agriculture, and other federal agencies responsible for trade and tourism programs. Public Transportation/Transit Issues — a) transit policy issues and funding; b) working knowledge of policy issues and funding for light rail /street car transit systems, and related transit infrastructure improvements; c) involvement with Federal Transit Administration's legislative policies and recommendations; d) established relationships with key officials and staff at the U.S. DOT and FTA. Energy. Environment, and Natural Resources — a) energy, environment, and natural resources issues for large urban counties, including a working knowledge of City of Delray Beach's existing programs and initiatives; b) substantial knowledge and experience with beach nourishmentishore protection funding and policy issues; c) knowledge of comparable local governments' sustainability, renewable energy, climate protection, and green activities, initiatives and legislative actions; d) established relationships with key members of Congress in leadership positions, senior staff and key Administration officials including, but not limited to, the U,S. Departments of Energy, Agriculture, Commerce, Transportation, Housing and Urban Development, Environmental Protection Agency and the U.S. Army Corps of Engineers. Health and Human Services — a) substantial knowledge and experience with health care and human services related programs and policy, including the Patient Protection and Affordable Care Act and implementation, HIPPA, mental health and substance abuse, Community Services Development Block Grant, Supplemental Nutritional Assistance Program, and the Americans with Disabilities Amendments Act; b) established relationships with key members of Congress in leadership positions, particularly the Chairman and Ranking Members of committees with oversight over health and human services issues, senior staff of such committees, and key officials in the Administration, the U.S. Department of Health and Human Services and its operational divisions such as ACF, CMS, CDC, HRSA and SAMSHA, and the U.S. Department of Agriculture. Page l39 MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: March 26, 2013 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF APRIL 2, 2013 ORDINANCE NO. 07-13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and quasi-judicial hearingto consider a privately- initiated rezoning from AC (Automotive Commercial) to PC (Planned Commercial) for Delray Marketplace (former Ralph Buick Dealership property), located at 2501 South Federal Highway. (Quasi Judicial Hearing) BACKGROUND At the first reading on March 19, 2013, the Commission passed Ordinance No. 07 -13. RECOMMENDATION Recommend approval of Ordinance No. 07 -13 on second and final reading. ORDINANCE NO. 07 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT TO PC (PLANNED COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED AT THE NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY (U.S. HIGHWAY NO. 1) AND FLADELL' S WAY (AVENUE "F "), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY, 2012 "; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated January 2012 as being zoned AC (Automotive Commercial) District; and WHEREAS, at its meeting of February 25, 2013, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 1 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of PC (Planned Commercial) District for the following described property: Lots 12 through 22, inclusive, less the west 38 feet thereof, Block 22; Lots 23 through 33, inclusive, Block 22; all of Block 23, less the west 38 feet thereof, Lots 1 through 10, inclusive, and Lots 57 through 66, inclusive, Block 35; and Lots 12 through 33, inclusive, Block 36, all lying in "Del -Raton Park ", according to the Plat thereof as recorded in Plat Book 14, Page 9, Public Records of Palm Beach County, Florida. Together With That portion of Frederick Boulevard lying adjacent to and east of the east line of Lots 11 through 20, Block 23, and Lots 23 through 33, Block 22, and adjacent to and west of the west line of Lots 1 through 10, Block 35, and Lots 12 through 22, Block 36, of "Del -Raton Park ", according to the Plat thereof as recorded in Plat Book 14, Page 9, Public Records of Palm Beach County, Florida. Together With That part of the right -of -way of Avenue "E ", according to the Plat of "Del -Raton Park ", recorded in Plat Book 14, Page 9, Public Records of Palm Beach County, Florida, said part being bounded as follows: On the west by the present easterly right -of -way of U.S. Highway 1 (S.R.5); on the east by the westerly right -of -way line of Florida Boulevard, as shown on said plat; on the north by Blocks 22 and 36 of said Plat by a portion of the abandoned right -of -way of Frederick boulevard; on the south by Blocks 23 and 35 of said Plat and by a portion of the abandoned right -of -way of Frederick Boulevard. Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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 this ordinance shall become effective immediately upon passage on second and final reading. 2 ORD NO. 07 -13 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. ATTEST City Clerk First Readi Second Reading MAYOR ORD NO. 07 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, FCP, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 13, 2013 SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF MARCH 19, 2013 ORDINANCE NO. 07-13 ITEM BEFORE COMMISSION Page 1 of 2 The action request of the City Commission is consideration of a privately a privately- initiated rezoning from AC (Automotive Commercial) to PC (Planned Commercial) for Delray Market Place (formerly Ralph Buick) located on the east side of Federal Highway and west of Florida Boulevard at 2501 South Federal Highway. BACKGROUND The subject property is located on the east side of Federal Highway and the west side of Florida Boulevard west of the intersection of Florida Boulevard and Dogwood Drive. The property is the former location of Ralph Buick, and measures 6.18 acres which contains 3 existing unoccupied buildings. In October 2005 a rezoning request was submitted by New Century Development Group. At its meeting of January 2, 2006, the City Commission approved the rezoning of the Ralph Buick property from AC (Automotive Commercial) to GC (General Commercial). The approval of the rezoning was associated with a development proposal for a mixed -use development, which was to be known as Royal Palm Club that consisted of 13,781 square feet of retail floor area, 13,900 square feet of office floor area, 16 condominium dwelling units, and 59 townhouse dwelling units. The stand -alone townhome component of that project was a conditional use within the GC district, and was approved by the City Commission at its April 4, 2006 meeting. At its May 24, 2006 meeting, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan to establish the Royal Palm Club project. The construction of this project never commenced and the site plan and Conditional Use approvals expired. At its meeting of April 15, 2008, the City Commission approved the rezoning of the Ralph Buick property from GC back to AC. This rezoning was sought to remarket the site for automotive use. At its meeting of September 7, 2010, the City Commission considered and approved on first reading an ordinance to rezone the property from AC back to GC. This privately initiated rezoning was associated http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 6590 &MeetingID =405 3/26/2013 Coversheet Page 2 of 2 with a proposed Wal -Mart on the subject property. The applicant withdrew the application prior to second reading of the ordinance and the property retains the AC zoning designation. At its meeting of September 20, 2012, the City Commission adopted the South Federal Highway Redevelopment Plan. The plan indicates that a commercial shopping center or a mixed -use development and a zoning designation of PC is appropriate for this property. REVIEW BY OTHERS At its meeting of February 25, 2013, the Planning and Zoning Board considered the application to rezone the property from AC to PC and recommended approval by a 5 — 1 vote (Franciosa dissenting, Pierre -Louis absent). There were several people that expressed concern with respect to the proposed rezoning indicating opposition to a potential flea market. A specific development plan is not part of this request and a PC versus AC zoning is more appropriate for this parcel. Further, if a specific use follows, required findings would have to be made at that time. Further, in the case of a flea market a Conditional Use Approval in addition to a site development approval is required. RECOMMENDATION Move approval of the privately initiated rezoning from AC to PC for the subject property, 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 South Federal Highway Redevelopment Plan and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 6590 &MeetingID =405 3/26/2013 x C7 x — ALLAMANDA DRIVE J 7 Q ltl J X m I- � Q BANYAN DRIVE AVE, C CYPRESS DRIVE P. " DOGWOOD DRIVE ,n w N DE 's Q WAYw,w EVERGREEN .1 TRANSPORTATIO N a= LN. AVENUE G > Ld J Q FERN DRIVE LA _MAT AVENUE z LA -MAT AVENUE °o m ARDENIA DRIVE Y U bi w AVENUE H ° x ° U_ J m HYACINTH DRIVE Q cr O J_ Q F -- DIG17AL BASE MAP SY57EM -- MAP REF: S: \Planning & Zoning \DBMS \File — Cab \Z —LM 1001- 1500 \LM13B2 —Ralph Buick — Delray Marketplace N RALPH BUICK- DELRAY MARKETPLACE PROPERTY PLANNING AND ZONING DEPARTMENT LOCATION MAP .... liril�i��ii ■I eflum \_■ y. - SUBJECT ��•;"''. RALPH l MARKETPLACE PROPERTY 17 Y.0 J 1" e t DEPARTMENT MAP .: .. 0. Eiulck—Delroy Marketplace PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE AGENDA ITEM: February 25, 2013 IV.A. -- -STAFF REPORT - -- ITEM: Rezoning from AC (Automotive Commercial) to PC (Planned Commercial) for a 6.18 acre Parcel of Land Located on the northeast corner of South Federal Highway and Fladell's Way, formerly Ralph Buick Dealership. GENERAL DATA: Owner ...... ............................... Delray Auto Investors 1, Inc. Agent/ Applicant ...................... Bonnie Miskel, Esq. Location ... ............................... Northeast corner of South Federal Highway and Fladell's Way Property Size .......................... 6.18 Acres Land Use Map Designation.... General Commercial Existing City Zoning ................ AC (Automotive Commercial) Proposed City Zoning ............. PC (Planned Commercial) Adjacent Zoning ............ North: PC (Planned Commercial) and RM (Medium Density Residential) East: RM South: SAD (Special Activities District) and RM West: AC Existing Land Use .................. Vacant buildings (prior auto dealership) Proposed Land Use ................ Rezoning of the parcel from AC to PC Water Service,.... .................... Available via connection to an existing 16" along Federal Highway and 10" water main within Florida Boulevard. Sewer Service ........................ Available via connection to an existing 8" sewer main within Florida Boulevard. IV.A. The action before the Board is making a recommendation to the City Commission on a privately- initiated rezoning from AC (Automotive Commercial) to PC (Planned Commercial), pursuant to LDR Section 2.4.5(D). The subject property is located on the east side of Federal Highway and west of Florida Boulevard at 2501 South Federal Highway and measures 6.18 acres. Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. The subject property is located on the east side of Federal Highway and the west side of Florida Boulevard west of the intersection of Florida Boulevard and Dogwood Drive. The property is the former location of Ralph Buick, and measures 6.18 acres with 3 existing buildings. The buildings are not occupied. In October 2005 a rezoning request was submitted by New Century Development Group. At its meeting of January 2, 2006, the City Commission approved the rezoning of the Ralph Buick property from AC (Automotive Commercial) to GC (General Commercial). The approval of the rezoning was associated with a development proposal for a mixed -use development, which was to be known as Royal Palm Club that consisted of 13,781 square feet of retail floor area, 13,900 square feet of office floor area, 16 condominium dwelling units, and 59 townhouse dwelling units. The stand -alone townhome component of that project was a conditional use within the GC district, and was approved by the City Commission at its April 4, 2006 meeting. At its May 24, 2006 meeting, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan to establish the Royal Palm Club project. The construction of this project never commenced and the site plan and Conditional Use approvals expired. At its meeting of April 15, 2008, the City Commission approved the rezoning of the Ralph Buick property from GC back to AC. This rezoning was sought to remarket the site for automotive use. At its meeting of September 7, 2010, the City Commission considered and approved on first reading an ordinance to rezone the property from AC back to GC. This privately initiated rezoning was associated with a proposed Wal -Mart on the subject property. The applicant withdrew the application prior to second reading of the ordinance and the property retains the AC zoning designation. An application has been submitted to rezone the property from AC to PC, in association with a proposal to establish a flea market/merchandise mart type of retail use. This use will require an additional approval of a conditional use and is not part of this rezoning request. The proposal is to change the zoning designation of the property from AC (Automotive Commercial) to PC (Planned Commercial). The proposed rezoning would allow for the redevelopment of the property to numerous uses such as commercial plazas, retail, restaurant, IV.A. P & Z Staff Report — February 25, 2013 Ralph Buick (Delray Market Place) — Rezoning from AC to PC Page 2 and office uses. Several types of Conditional Uses are also allowed, however, these will require additional approval processing. IN REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. 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 (FLUM) designation of GC (General Commercial and is currently zoned AC (Automotive Commercial). The proposed PC (Planned Commercial) zoning designation is consistent with the GC Future Land Use Map designation and would allow for numerous commercial uses. Based upon the above, positive findings can be made with respect to Future Land Use Map Consistency. Concurrency: Concurrency as defined pursuant to Objective B -2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs 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 in order to maintain the Levels of Service Standards established in Table CI -GOP -1 of the adopted Comprehensive Plan of the City of Delray Beach. The proposal involves amending the zoning designation from AC to PC. The property is approximately 6.18 acres. The proposed rezoning will have impacts on adopted concurrency standards. Concurrency findings with respect to Water and Sewer, Drainage, Parks and Recreation, Solid Waste, Schools, and Traffic are discussed below; Water & Sewer: Water and sewer service is currently available to the subject property. The Delray Beach Water Treatment Plant and the South Central County Waste Water Treatment Plant both have adequate capacity to serve the City at build out. An existing 16" main along Federal Highway and a 10" water main along Florida Boulevard, and an 8" sewer main are available along Florida Boulevard. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: With a rezoning request drainage plans are not required. The storm water retention will be reviewed during the site plan application process. There are no problems anticipated with retaining drainage on site and obtaining a South Florida Water Management District permit. Parks and Recreation: 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 IV.A. P & Z Staff Report — February 25, 2013 Ralph Buick (Delray Market Place) — Rezoning from AC to PC Page 3 to meet the adopted standards." A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each dwelling unit for parks and recreation purposes. A development proposal has not been submitted concurrent with the rezoning. Thus, if future redevelopment of the property would include a residential component this fee would apply. The applicant has indicated that a "retail center" is proposed, but no details on this development have been submitted. Solid Waste: The former use as an automotive dealership produced 440.40 tons of solid waste. As noted above, a development proposal has not been submitted concurrent with the rezoning application. Therefore, a comparative analysis cannot be conducted at this time and will need to be conducted at the time a development proposal is submitted. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021, thus a positive finding with respect to this level of service standard can be made. Schools: The Palm Beach County School District must approve the concurrency of a development that contains a residential component with the adopted Level of Service for School Concurrency. This development proposal has not yet been submitted and a finding of concurrency will need to be made at the time a development proposal is received if a residential component is proposed. Traffic: The applicant needs to provide a site specific traffic study when a development proposal is submitted. Based on the average daily trip volume, verification needs to be submitted at the time of site plan approval that the specific development does not exceed a Level of Service "D" for Federal Highway. The applicant needs to also provide a traffic impact analysis for Linton Boulevard and S.E. 10th Street intersections. Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. Section 3.2.2 (Standards for Rezoning Actions) : Standards A and B are not applicable, The applicable performance standards of Section 3.2.2 are as follows: (C) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial zoning developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. N.A. P & Z Staff Report — February 25, 2013 Ralph Buick (Delray Market Place) — Rezoning from AC to PC Page 4 The following table identifies the zoning designations and uses that are adjacent to the subject property: Zoning Designation North: Planned Commercial (PC) and Medium Density Residential (RM) South: Special Activities District (SAD) and Medium Density Residential (RM) East: Medium Density Residential (RM) West: Automotive Commercial (AC) Use: Dumar Shopping Plaza and Residential Commercial and Residential Multi - Family Developments Automobile Dealerships The proposal will rezone 6.18 acres from AC to PC. Since the FLUM designation for the subject property and the surrounding areas to the west, north, and south is GC, there are no compatibility issues. The PC zoning district allows for a variety of uses such as retail, office, residential, and restaurants. As noted previously, the applicant has not submitted a development proposal for the property. Since the City has included residential as an allowed use in the PC district, it is recognized that residential uses are not inherently incompatible with this zoning district. It is intended that compatibility can be achieved through compliance with the City's buffering requirements within the Land Development Regulations. Further, given the size and depth of the property, it is unlikely that strip commercial development will result from the rezoning of the property. Based upon the above, positive findings with regard to LDR Section 3.2.2(C) and (D) can be made. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; C. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement, which states the following: `Delray US1 Marketplace, LLC ( "Petitioner) proposes to develop a retail center to house individual commercial tenants ( "Project") on the +A 6.18 acre former Ralph Buick site at 2501 S. Federal Highway, located generally on Federal Highway south of Linton Boulevard ( "Property') within the City of Delray Beach ( "City'). The Property is currently zoned AC (Automotive Commercial) and.the Future Land Use Designation is GC (General Commercial). In order to develop the Property with the Project, Petitioner proposes a zoning change to PC (Planned Commercial). On September 20, 2012, the City Commission adopted the South Federal Highway Redevelopment Plan ( "Plan'), which specifically targets the Property as one that is ripe for redevelopment through a zoning W.A. P & Z Staff Report -- February 25, 2013 Ralph Buick (Delray Market Place) — Rezoning from AC to PC Page 5 change to PC (Planned Commercial). The Plan states, "Staff still feels that the best zoning for this parcel is PC (Planned Commercial) and that recommendation has been included as a component of this Plan," (Plan Implementation, p. 17). The purpose of the Plan is to guide future development in order to meet the intent of the Future Land Use Element Policy C -1,12, while also providing for the type and intensity of uses that are appropriate based upon the location of the property and the nature of surrounding uses. This Rezoning request complies with the intent and purpose of the Plan, and provides for the redevelopment of a vacant car dealership with a retail center that will enhance the South Federal Highway corridor while also increasing the City's tax base with the addition of an exciting, new commercial development. In accordance with Land Development Regulations Sec. 2.4.5(D)(2), Petitioner will demonstrate (1) that there has been a change in circumstances which makes the current zoning inappropriate and (2) the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the Property based upon circumstances particular to the site and /or neighborhood. (1) There has been a change in circumstances which makes the current zoning inappropriate. There has been a change in circumstances which makes the current zoning inappropriate. In response to the downturn in the economy, several car dealerships within the City have struggled and even closed their doors. These vacant parcels become dumping grounds for debris, as well as the source of code violations. Prior to the Petitioner taking control of the site, the Property was overgrown, subjected to graffiti with vagrants occupying the Property. The adoption of the Plan envisioned the vacant properties within the City, most of which are part of automotive dealerships which have either closed or no longer need portions of their property (Existing Conditions, p. 9), to become more vibrant retail areas serving residents along the South Federal Highway Corridor. The former Ralph Buick is one of these blighted parcels. In order to respond to changing circumstances and the adoption of the Plan, Petitioner requests this Rezoning to allow redevelop of the Property with a use that is more appropriate to the current economic climate. The Project will serve the residents of the City, as well as attract visitors to the City because of the prime location near the Interstate 95 and Linton Boulevard Interchange. (2) The requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the Property based upon circumstances particular to the site and /or neighborhood. The requested zoning is of similar intensity as allowed under the Future Land Use Map. As noted above, the Property has a Future Land Use Designation of GC (General Commercial). According to the City's Comprehensive Plan, property with a GC designation should be developed for general commercial purposes, e.g_ retail, office, services. Petitioner's Project is a retail use and thus the type of development encouraged within the GC district. Further, the PC zoning designation is more appropriate for the Property based upon circumstances particular to the site and neighborhood. As previously noted, the AC zoning designation is no longer appropriate for the Property. The Property has been vacant for over five (5) years as a result of the limitations of the current AC zoning designation. As such, Petitioner requests the PC designation in order to have increased flexibility in redeveloping the Property, more specifically, the ability to develop the Property with the proposed retail center. Residents in the surrounding neighborhood will be able to utilize the proposed retail development, while a vacant and blighted parcel will be redeveloped into an attractive commercial center" As the applicant states, there does appear to be at feast a short -term deficiency in demand for automotive sales facilities by evidence that the dealership has remained vacant for an extensive period of time. The City Commission recently adopted the South Federal Highway Redevelopment Plan. The plan indicates that a commercial shopping center or a mixed -use development and a zoning designation of PC is appropriate for this property. Thus, the proposed rezoning complies with reasons "b" and "c" given market trends, implementation of the redevelopment plan, and consistency with the Future Land Use Map designation. N.A. P & Z Staff Report — February 25, 2013 Ralph Buick (Delray Market Place) -- Rezoning from AC to PC Page 6 COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted. Future Land Use Element Objective A -1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. The proposed rezoning of the property to PC will allow many uses which can be developed with intensities that are appropriate with respect to the soil, topography, or other applicable physical considerations. As noted previously, there are no compatibility concerns relating to permitted uses under this zoning district with respect to the surrounding commercial properties along Federal Highway. Future uses as currently suggested by this applicant and allowed only as Conditional Uses will be assessed on a case -by -case basis during the Conditional Use approval process. The City's Land Development Regulations do contain buffer requirements that help address potential nuisances that the commercial property may generate to adjacent residential neighborhoods. It is noted that these development regulations are better addressed as part of the site plan process. Required Findings concerning compatibility for the rezoning can be made at this time with findings relating to specific uses deferred to site specific proposals as part of the conditional use or site plan processes. Policy A -2.4: Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, the following apply: 4) Automobile dealerships shall be directed in the following areas: • North of George Bush Boulevard, between Federal and Dixie Highway; • East side of Federal Highway north of the north property line of the Delray Swap Shop /Flea Market; • South of Linton Boulevard, between Federal and Dixie Highway; • Between the one -way pairs (Federal Highway), from S.E. 4th Street to S.E. 10th Street; and from N.E. 5th Street to George Bush Boulevard; • On the north side of Linton Boulevard; between 1 -95 and S.W. 10th Avenue, and Wallace Drive. The proposed rezoning of the property to PC would support this policy since it would remove the AC zoning designation from the east side of Federal Highway. While the above policy does not prohibit auto uses in this area, it does not identify this area as a preferred location for this type of use. This rezoning is also consistent with the stated direction of the South Federal Highway Redevelopment Plan. Based on the above, a finding of consistency can be made with respect to the Delray Beach Comprehensive Objectives, Policies, and Goals. As stated previously, the proposed rezoning is consistent with the South Federal Highway Redevelopment Plan goal of transitioning away from auto related uses to more sustainable commercial and mixed uses. IV.A. P & Z Staff Report — February 25, 2013 Ralph Buick (Delray Market Place) — Rezoning from AC to PC Paae 7 ➢ Neighborhood Advisory Council ➢ Progressive Residents of Delray (PROD) ➢ Presidents Council ➢ Captain's Walk ➢ Eastview Village ➢ Tropic Bay ➢ Tropic Harbor ➢ Tropic Isle Civic Association ➢ Tropic Palms ➢ Pelican Harbor ➢ Pelican Pointe Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Any correspondence regarding the proposed rezoning, will be presented to the Planning and Zoning Board. _S SMIT �6 The proposed rezoning from AC to PC is consistent with the goals, objectives and /or policies of the City's Comprehensive Plan, LDR Sections 2.4.5(D)(5), 3.1.1 and 3.2.2(D). The rezoning is also consistent with the recommendations of the South Federal Highway Redevelopment Plan adopted by the City Commission on September 20, 2012. Positive findings can be made with respect to Concurrency and Compatibility with the surrounding land uses. As discussed previously with regard to LDR Sections 2.4.5(D)(5) and 3.2.2(C) and (D), the proposed rezoning of the subject property to PC is appropriate. The subject property is located within an area containing a mix of uses including commercial, automotive related, and residential. The proposed rezoning would coincide with the current development area and it will also be consistent with the Comprehensive Plan and FLUM designation of GC. Based upon the above, a recommendation of approval should be made to the City Commission for the proposed rezoning. N- A. Continue with direction. B. Move a recommendation of approval to the City Commission for the privately initiated rezoning from AC to PC for the subject property, 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 South Federal Highway Redevelopment Plan and meets the IV.A. P & Z Staff Report — February 25, 2013 Ralph Buick (Delray Market Place) — Rezoning from AC to PC Page 8 criteria set forth in Sections 2.4.5(D)(5), 3.11 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the privately initiated rezoning from AC to PC for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. a Move a recommendation of approval to the City Commission for the privately initiated rezoning from AC to PC for the subject property, 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 South Federal Highway Redevelopment Plan and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Location /Zoning Map Report prepared by: Scott Pape, Senior Planner IV.A. 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: March 27, 2013 SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF APRIL 2, 2013 ORDINANCE NO. 06-13 ITEM BEFORE COMMISSION Consideration of a privately- initiated Future Land Use Map (FLUM)- Small Scale amendment and Rezoning for MD Now Delray Beach. The proposed requests include changing the existing FLUM designation from MD (Medium Density Residential 5 -12 du /ac) to GC (General Commercial) and rezoning from RM (Medium Density Residential) District to GC (General Commercial) District. BACKGROUND On January 9, 1978, the 0.49 acre property which contained a single family residence was annexed into the City with the R -1 -A zoning designation. The property contains 0.49 acres. With the adoption of the Southridge /S.W. 4th Avenue Redevelopment Plan on June 13, 1999, the property was designated Redevelopment Area #3 on the Future Land Use Map however the R -1 -A (Single Family Residential) zoning designation was retained as a "holding" zone until a specific development proposal was submitted. On January 3, 2006, the City Commission approved a City- initiated rezoning, Ordinance 59- 06 rezoning the property from R -1 -A (Single Family Residential) district to RM (Medium Density Residential) district. The proposal for redevelopment of the property is to accommodate a 4,795 sq. ft. medical office building which is not allowed under the current Future Land Use Map designation or within the RM zoning district. REVIEW BY OTHERS At its meeting of March 18, 2013, the Planning and Zoning Board held a public hearing associated with the GC(General Commercial) Future Land Use Map amendment, and GC (General Commercial) rezoning request. They had no concerns with the requested Future Land Use and Zoning designations. After a brief discussion, the Board recommended approval of the proposed FLUM and Rezoning on a 4- 0 vote. RECOMMENDATION Approve on first reading Ordinance 06 -13 for aFuture Land Use Map amendment from MD (Medium Density Residential 5 -12 du/ac) to GC (General Commercial) District and Rezoning from RM (Medium Density Residential) to GC (General Commercial) District, 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 does meet the criteria set forth in LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), 2.4.5(D)(5)(Rezoning Findings). Attachments: - Location Map - Ordinance No. 06 -13 - Planning & Zoning Board Staff Report of March 18, 2013 ORDINANCE NO. 06 -13 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 GC (GENERAL COMMERCIAL), PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT ", FLORIDA STATUTES SECTION 163.3187, FOR A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF LINTON BOULEVARD 660 FEET WEST OF SW 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND REZONING AND PLACING SAID LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012 "; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act "; and WHEREAS, via Ordinance No. 82 -89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida "; and WHEREAS, Lee Burke, is the fee simple owner of a 0.49 acre parcel of land located on the north side of Linton Boulevard, 660 feet west of SW 4m Avenue. WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation of MD (Medium Density Residential 5- 12du /ac); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from MD (Medium Density Residential 5- 12du /ac) to GC (General Commercial); and WHEREAS, the property hereinafter described is shown on the "Zoning District Map of the City of Delray Beach, Florida, dated January 2012 ", as being zoned RM (Medium Density Residential) District; and WHEREAS, at its meeting of March 18, 2013, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0 to recommend that the Future Land Use Map designation and zoning classification be changed for the property hereinafter described, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Future Land Use Map of the City of Delray Beach, Florida be amended to reflect the revised Future Land Use Map designation; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial). Section 3. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act." Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of GC (General Commercial) District for the following described property: That part of the South half of the South half of the Southwest Quarter of the Southeast Quarter of Section 20, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: 2 ORD NO. 06 -13 Commence at the Southwest corner of the South half of the Southwest Quarter of the Southeast Quarter of Section 20, Township 46 South, Range 43 East; thence run Easterly along the South boundary of said tract (same being the South line of Section 20) a distance of 499 feet; thence Northerly parallel to the West boundary of said Tract, a distance of 30 feet to the Point of Beginning of this description: thence continue Northerly, along the same course, a distance of 178 feet; thence Easterly parallel to the South boundary of said tract, a distance of 139 feet; thence Southerly parallel to the Westerly boundary of said tract a distance of 178 feet; thence Westerly parallel to the South boundary of said tract and 30 feet therefrom a distance of 139 feet to the Point of Beginning; less the South 23 feet deeded to the County of Palm Beach as recorded in Official Records Book 1694, Page 803, of the Public Records of Palm Beach County, Florida. Section 5. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 4 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. 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 8. That this ordinance shall become effective as follows: thirty -one (3 1) days after adoption, unless the Comprehensive Plan amendment is timely challenged. If timely challenged, the effective date of this Ordinance shall be the date a final order is issued by the State Land Planning or the Administration Commission, finding the adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. ATTEST MAYOR 3 ORD NO. 06 -13 City Clerk First Reading Second Reading ORD NO. 06 -13 CHURCH � HrT PINE GROVE ELEMENTARY SCHOOL DR. I I J,`�� I S. W. 11 FALL RIDGE OF DELRAY 3i THE GROVES OF DELRAY LIN TON RIDGE CONDO CiRC<f SOUTHRIDGE RD. Z EDE v R AVE. BENJ WALLACE ^ SOUTHRIDGE Q DODGE VILLAGE 3 CONDO co N N ALLACE SOUTHRIDGE W NISSAN CONDO L I N T 0 N M 3 GULF STREAM COMMERCIAL CENTRE WATERPROOF HOLDINGS COUNTY ^A VA TIO SANITATION FAVA T SECURITY SELF STORAGE TIRES XOTIC B O U L E V A R D _ N PLANNING AND ZONING DEPARTMENT SUBJECT PROPERTY D MD NOW DELRAY BEACH LOCATION MAP -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \Fil — Cab \Z —LM 1001 - 1500 \LM1383_MD Now Delray Beach PLANNING AND ZO BOARD CITY OF DELRAY BEACH -- -STAFF REPORT-- - MEETING March 18, 2013 DATE: AGENDA ITEM: VLA ITEM: Privately- initiated Future Land Use Map amendment (small scale) from MD (Medium Density Residential 5 -12 dulac) to GC (General Commercial) and Rezoning from RM (Medium Density Residential) District to GC (General Commercial) District for a 0.49 acre parcel of land located on the north side of Linton Boulevard, 660 feet West of SW 41h Avenue (Quasi- Judicial Hearing). GENERAL DATA: Owner .......... ............................... Lee Burke Applicant ...... ............................... MD Now Agent.- ...... ........ ...... Christopher P. Barry, Jon E. �C Em Schmidt & Associates, Inc. Location ....... ............................... Located on the north side of i Linton Boulevard, 660 feet west of SW 4th Property Size .............................. am ME. ME ME, 0.49 acres Existing FLUM.. .......... ............ MD (Medium Density Residential 5 -12 ��� du /ac) Proposed FLUM .................. GC (General Commercial) Adjacent FLUM ......... North: GC (General Commercial) East: GC (General Commercial) South: GC (General Commercial West: CF (Community Facilities) Current Zoning ............................ RM (Medium Density Residential) , District Adjacent Zoning ..................North: GC (General Commercial) East: GC ( General Commercial) South: GC (General Commercial) West: CF (Community Facilities) Existing Land Use ...................... Single Family Residence Proposed Land Use .................... Medical Office Water Service... .......................... Via main along Linton Boulevard Sewer Service ................ Extension of sewer main from SW 40 Avenue to be coordinated with the proposed shopping center to the east. ul.A.. �C Em =p l i 7 am ME. ME ME, If1111111111111111���� ��� llllll ltlllll , 1, 1 ;�Ii ■i ■ilwn- ■ ul.A.. ITEMS BEF`OR;E: THE BOARD The item before the Board is that of making a recommendation to the City Commission on a privately - initiated small -scale Future Land Use Map (FLUM) amendment and rezoning for MD Now Delray Beach, located on the north side of Linton Boulevard, 660 feet west of SW 4 t Avenue (601 Linton Boulevard). The proposed requests include changing the existing FLUM designation from MD (Medium Density Residential 6 -12 du/ac) designation to GC (General Commercial) and rezoning from RM (Medium Density Residential) District to GC (General Commercial) District. Pursuant to Section 2.22(E)(6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to Future Land Use Map changes or the rezoning of any property within the City. "B A.0 K'G R O lJ N >D` ANAL 1(S k S On January 9, 1978, the property containing a single family residence was annexed into the City with the R-1 -A zoning designation. The property contains 0.49 acres. With the adoption of the Southridge /S.W. 4t" Avenue Redevelopment plan on June 13, 1999, the property was designated Redevelopment Area ##3 on the Future Land Use Map however the R -1 -A (Single Family Residential) zoning designation was retained as a "holding" zone until a specific development proposal was submitted. On January 3, 2006, the City Commission approved a City - initiated rezoning, Ordinance 59 -06 rezoning the property from R -1 -A (Single Family Residential) district to RM (Medium Density Residential) district. The proposal for development of the property is to accommodate a 4,795 sq. ft. medical office building which is not allowed under the current Future Land Use Map designation or within the RM zoning district. Thus the small -scale Future Land Use Map amendment and rezoning, currently before the Board, are necessary to accommodate the proposed use. FUTURE.;;L?AND U.S E.M`AP AM:EiVD.MENT ANALYSIS:',' Current Land Use Designation: The current Future Land Use Map designation for the property is MD (Medium Density 5 -12 du /acre). Requested Land Use Designation: The requested Future Land Use Designation is GC (General Commercial). REQUIRED FINDINGS LAND DEVELOPMENT REGULATIONS CHAPTER 3 -- PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development Planning & Zoning Board Staff Report — March 18, 2013 MD Now Delray Beach — Small -Scale Comprehensive Plan Amendment and Rezoning Page 2 application. These findings relate to the Future Land Use Map (PLUM), Concurrency, Comprehensive plan Consistency, and Compliance with the Land Development Regulations. ❑ 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 proposed Future Land Use Map amendment is being processed as a small scale Comprehensive Plan amendment. Florida Statutes F.S. 103.3187 provides a small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer; (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year; (c) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site - specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section; (d) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). The proposal involves a 0.49 acre parcel, and as this is the first amendment for 2013 there is no cumulative annual acreage for all small scale amendment, and thus the maximum of 120 acres has not been exceeded. The proposed FLUM amendment does not involve a text change to the goals, policies, and objectives of the Comprehensive Plan. The request is to process a change to the Future Land Use Map for a site - specific medical office development. The subject property is not located within an area of critical state concern, and does not include the construction of affordable housing units. Thus, the proposed FLUM amendment can be processed as a small scale amendment because it complies with all of the above conditions, The proposed land use change is to accommodate General Commercial uses for future development of the parcel. The existing RM (Medium Density Residential) zoning accompanied with the existing MD (Medium Density Residential) FLUM designation does not allow commercial uses. The GC (General Commercial) zoning allows more flexibility in the development of the property. Development under the proposed zoning and land use designation would be more in line with existing developments and associated land use patterns along Linton Boulevard. Planning & Zoning Board Staff Report -- March 18, 2013 MD Now Delray Beach — Small -Scale Comprehensive Plan Amendment and Rezoning Page 3 ❑ Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Concurrency as defined pursuant to Objective B -2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs (including public schools), of the requested land use and/or development application, will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision of needed capital improvements to maintain the Levels of Service Standards established in Table CI -GOP -1 of the adopted Comprehensive Plan of the City of Delray Beach. Traffic: An analysis of the traffic impacts associated with the maximum development potential of both the existing and proposed Future Land Use Map designations were conducted. The existing development potential under the Medium Density Residential is 5 dwelling units. This would result in 35 adt (average daily trips) with a 5 peak hour (a.m.) traffic generation and 6 peak hour (p.m.) traffic generation. The traffic to be generated by the proposed development (4,795 sq. ft. medical office facility) is 156 daily trips with 10 peak hour (a.m.) traffic generation and 18 peak hour (p.m,) traffic generation. Based on these traffic peak hour volumes only the directly accessed link is in the radius of development influence. The traffic study concludes that the redevelopment will have an insignificant impact on all links within the project's radius of development influence. Water The site is already served by water. Municipal water service is provided via connection to an 8" water main located on the south side of the property within the Linton Boulevard right -of -way. Fire protection is provided by one fire hydrant located at the southwest corner of the adjacent Fire Station parcel to the west. Water treatment is provided by the City of Delray Beach at the Water Treatment Plant_ Water demand projections for the City's Water Service Area were calculated based on the City's population projections multiplied by the projected per capita demands. Potable water demand projections, credits for the use of reclaimed water and the total excess /deficit for the years 2010 through 2030 are given in the following table. The City's Utilities Department has indicated that adequate capacity exists to service the subject property at its maximum development potential with the FLUM Amendment to GC (General Commercial). Planning & Zoning Board Staff Report — March 18, 2013 MD Now Delray Beach — Small -Scale Comprehensive Plan Amendment and Rezoning Page 4 Potable Water Demand Projections Year 2010 2015 2020 2025 2030 Service Area Population 69,335 74,504 81,114 82,233 82,556 Per Capita Use ( pd) 240 240 240 240 240 -Avg. Daily Demand (MG) 16.64 17.88 19.47 19.74 19.81 Permit Base Condition (MGD ) 19.00 19.00 19.00 19.00 19.00 Excess /(Deficit) (MGD) 1 2.36 1 1.12 1 (0.47) (0.74) (0.81) Alternative sources Reclaimed Water Credits for Ground Water Demand Removal 1.08 1.895 1.895 1.895 1.895 Potable demand removal 0.39 0.84 0.84 0.84 0.84 Total Excess /Deficit 3.83 3.85__t_ 2.27 2.00 1.92 Notes 1. Population projections based on Palm Beach County 2007 Population Allocation Model using March 2008 BEBR Population Projections. 2. Per capita use assumes a 10% reduction from current permitted values achieved through conservation. 3. Permit base condition as provided by SFWMD per ground water availability rule. Sewer: Sewer service is not readily available to the subject property and will involve either the extension of the sewer main from SW 4h Avenue and/or coordination of the sewer main extension proposed with the development of the Lintco property to the east. Wastewater from the City is treated at the South County Regional Wastewater Treatment Plant (SCRWWTP). The current plant has adequate capacity to service the City's projected population beyond the year 2025. The City's Utilities Department has indicated that adequate wastewater treatment capacity exists to service the subject property at its maximum development potential with the PLUM amendment and associated rezoning. Since adequate capacity is available in the City's water and wastewater systems to meet the increased demand, the proposed FLUM amendment will not impact the level of service standard for these facilities. Drainage: The adopted LOS standards for drainage is the SFWMD standard to meet storm water quality and quantity requirements for a minimum of a 10 yr. /24 hr. storm event. Further sites with parking lots are required to retain a 5 year 1 hour storm (3.2 ") in addition to meeting the water quality criteria (1" or 2.5 x % impervious). Drainage is reviewed during the site plan application process for individual projects. Within this area of the City, drainage is usually accommodated on site via exfiltration trench systems or swale retention areas. There are no problems anticipated with obtaining South Florida Water Management District permits within Planning & Zoning Board Staff Report -- March 18, 2013 MD Now Delray Beach — Smail -Scale Comprehensive Plan Amendment and Rezoning Page 5 the area and any additional impacts caused by increased impervious area will not affect the level of service standard. Parks & Recreation: 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." The LOS standard for open space and recreation in the city is 3 acres per 1,000 residents. The amount of land currently provided in activity based recreation facilities, the municipal beaches, and the two public golf courses, establishes a level of service of 6.2 acres per 1,000 residents (2007), far exceeding the general guideline. A park impact fee is collected to offset any impacts that new development may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each residential unit. The potential density under the MD (Medium Density Residential 5 -12 du /ac) and GC (General Commercial) land use designations are 12 units per acre so there will be no net increase in the potential number of residential units that could be accommodated. Since there is no net increase in the residential development potential on this site with the proposed FLUM Amendment, this level of service standard is not affected. Education School Concurrent : Since there is no net increase in the residential development potential on this site with the proposed FLUM Amendment, this level of service standard is not affected. Solid Waste: As shown on the following table, with the proposed amendment, the development of the property would result in a net increase of 8.42 tons per year in solid waste generation. Ekis' ingL. Maximum, Development Proposed;Office Development PiDtential 5 MF Units @.52 tons /year = 2.6 tons /y 4,795 SF Medical Office @4.6 Ibs /sf = 11.02 tons) ear In its annual capacity letter, dated January 7, 2013, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J -5- 005(4)." Based on population projections, waste generation rate projections, waste reduction, and recycling, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2046. Based on the above analysis, positive findings can be made at this time with regard to concurrency for all services and facilities. ❑ Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. Planning & Zoning Board Staff Report — March 18, 2613 MD Now Delray Beach — Small - Scale Comprehensive Plan Amendment and Rezoning Page 6 The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Policy A-1.7: Amendments to the FLUM must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's Advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the Advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM . amendments, The Applicant has provided the following statement "First, based on the population projections found in the Future Land Use Element it appears that the population of the City of Delray Beach will increase by 11,316 between 2010 and 2020 (from 65,781 in 2010 to 77,097 in 2020). As such there will be an increased demand for non - residential uses to support the growing population. Amending the FLUM designation to GC will provide additional non- residential square footage to service the current and future residents of the City of Delray Beach. Next, the subject property is the only property fronting Linton Boulevard between SW 4th Avenue to the east and 1 -95 to the west that supports a single family residence. While the property's FLUM designation is for Medium Density Residential it is unlikely that the property would be development for multi- family residential given its size. As such, it would be timely and appropriate to change the FLUM designation to GC to be consistent with the majority of other properties fronting on Linton Boulevard." The requested GC FLUM designation will allow commercial uses, whereas only residential uses are currently allowed on the subject parcel. The proposed land use map change is more consistent with the existing character of the commercial nature of Linton Boulevard. These circumstances demonstrate a need for the requested zoning and FLUM change. Future Land Use Element Objective A -1: Property shag 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. Planning &Zoning Board Staff Report — March 18, 2013 MD Now Delray Beach — Small -Scale Comprehensive Plan Amendment and Rezoning. .Page 7 There are no significant environmental characteristics to the subject property. The existing use of the property is a single family residence. The proposed medical office use will be compatible with the adjacent land uses, which consists of a proposed shopping center to the east and north, retail to the south and the Fire Station to the west. Polic y C -1.13 The following pertains to the Linton Boulevard area, from 1.95 east to Federal Highway. In FY 2010111, the City's Planning & Zoning Department shall review existing land uses in this area and shall create a redevelopment plan, overlay district or other development tool to promote and guide future redevelopment of the area. Redevelopment of the parcel to commercial /office use is more appropriate than the existing single family use given its location and surrounding land uses. ❑ Compliance with LDRs: Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Whenever an item is identified elsewhere in these Land Development Regulations (LDRs), it shall specifically be addressed by the body taking final action on a land development application /request. Such items are found in Section 2.4.5 and in special regulation portions of individual zoning district regulations. The applicant has submitted a development proposal for a medical office buildirrg which will be reviewed for compliance with the provisions and requirements of the Land Development Regulations_ ❑ Compatibility: The requested designation will be compatible with the existing and future land uses of the surrounding area. As demonstrated in the following "Rezoning Analysis" section, the requested GC (General Commercial) zoning and FLUM designation will be compatible with existing and future land uses of the surrounding area. REZONING k ALY-sr Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDR were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.2 (Standards for Rezoninq Actions): Standards "A ", "B ", and "I`" are not applicable with respect to this rezoning request. Standard "C" requires that zoning changes that would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. With the proposed GC zoning district there is a potential that the property could be developed as a strip commercial center. However, give the small size of the property Planning & Zoning Board Staff Report --- March 18, 2013 MD Now Delray Beach --- Small - Scale Comprehensive Plan Amendment and Rezoning Page 8 is it unlikely that a strip commercial center is a viable development option. Additionally, the property owners have submitted a site plan request to redevelop the property for a medical office. The property to the north of the site is also zoned commercial however, it is under different ownership and subject to development as a shopping center (recently approved). Therefore increasing the depth for this commercial development is not an option. Standard "D" requires that the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed, or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following identifies the surrounding land uses: LAND USE ANALYSIS: Existing land uses Subject Property - Residential (Zoning District: RM; FLUM: MD) North —Vacant, (Proposed Commercial) (Zoning District: GC; FLUM: GC) South — Retail (Zoning District: PC; FLUM: GC) East —Vacant, Proposed Commercial (Zoning District: GC; FLUM: GC) West — Fire Station (Zoning District: CF; FLUM: CF) Proposed land uses Subject Property — Commercial (Zoning District: GC; FLUM: GC) North — Vacant, (Proposed Commercial) (Zoning District: GC; FLUM: GC) South — Retail (Zoning District: PC; FLUM: GC) East —Vacant, Proposed Commercial (Zoning District: GC; FLUM: GC) West — Fire Station (Zoning District: CF; FLUM: CF) The subject property is bordered on the north and east by vacant parcels which are proposed to be developed as a commercial shopping center (Lintco). Across Linton Boulevard, to the south is a compatible retail and commercial uses (New Century Commons) that includes tenants such as Pet Smart, Sports Authority, PNC Bank). Located to the west is the Delray Beach Fire Station. It is noted that the proposed Future Land Use Designation of GC (General Commercial) is shared with the proposed retail shopping center to the north and east along with the existing shopping center to the south. Based upon the above, this request does not result in an incompatible land use, thus, the proposed development can be found to be in compliance with LDR Section 3.2.2 (D). Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D)(5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or Planning & Zoning Board Staff Report -- March 18, 2013 MD Now Delray Beach — Small -Scale Comprehensive Plan Amendment and Rezoning Page 9 (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The Applicant has provided the following justification statement: Per Section 2.4.5(D)(2) of the City of Delray Beach Land Development Regulations (LDR's) a Rezoning application must be justified based on one of the reasons in the code. The agent feels that the requested rezoning to GC is justified since there has been a change in circumstances which_ makes the current zoning (R -1 -A) inappropriate. The subject property is the only property fronting Linton Boulevard between SW 4th Avenue to the east and 1 -95 to the west that supports a single family residential use. It is likely that at one time single family residential was more prevalent along Linton Boulevard but the stretch upon which the subject property fronts is primarily a commercial (with the exception of properties that support institutional and multi - family residential uses). As such, it would be timely and appropriate to change the zoning designation to GC to be consistent with the majority of other properties that front Linton Boulevard between SW 4th Avenue to the east and 1 -95 to the west. Furthermore, the rezoning will not negatively impact existing services and facilities and concurrency will be met. Additionally, the basis for which the rezoning should be granted relates to the item (c) above, indicating that the requested zoning of GC is of similar intensity as allowed under the proposed Future Land Use Map Designation of GC which is also being requested. Further, a GC zoning designation is more appropriate for the property given its location along a major east -west commercialized thoroughfare. Because of its location, the parcel would better serve the needs of the general public as a commercial use. The existing single family residence brings to question its appropriateness as an isolated residential use along Linton Boulevard. Under these circumstances the rezoning to GC is more appropriate. Based upon these positive findings, the proposed development is in compliance with LDR Section 2.4.5(D)(5). R E V I E W; B, Y. G T HE R S The proposed land use and rezoning request is not in a geographic area requiring review by either the Downtown Development Authority (DDA), or the Community Redevelopment Agency (CRA). Courtesy Notices: A special courtesy notice was provided to the following homeowners and civic associations: • Neighborhood Advisory Council • Southridge • Delray Citizens' Coalition . Southridge Village • Linton Ridge • The Vinnings IPARC Notice: On February 21, 2013, notice of the Comprehensive Plan Amendment was provided to the Interlocal Plan Amendment Review Committee ( IPARC) which distributes the information to adjacent municipalities. No objections have been received to date. Planning & Zoning Board Staff Report — March 18, 2013 MD Now Delray Beach -- Small -Scale Comprehensive Plan Amendment and Rezoning Page 10 Public Notices: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and/or support, if any, will be presented at the Planning and Zoning Board meeting. ASSES'SM>EN- T!.AN`D` CONC"L`USION Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, rezoning of the subject property from RM to GC, and a small scale FLUM amendment from MD to GC, can be recommended for approval, based on the findings outlined herein. AL,T "E.RN:ATIVE ACT "IO;NS A_ Postpone with direction. B. Move a recommendation of approval to the City Commission for the request for the small scale Future Land Use Map amendment from MD (Medium Density Residential 5 -12 dulac) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to GC (General Commercial) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the request for the small scale Future Land Use Map amendment from MD (Medium Density Residential 5 -12 dulac) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to GC (General Commercial) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. STAFF RECOMME "N;'DATI"ON Staff recommends that the Planning and Zoning Board move to recommend approval to the City Commission for the request for the small scale Future Land Use Map amendment from MD (Medium Density Residential 5 -12 du /ac) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to GC (General Commercial) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: ■ Location Map = Applicant's Rezoning Justification Statement ■ Existing and Proposed Zoning Maps ■ Existing and Proposed Future Land Use Maps CHURCH Q PINE GROVE UE MAP ELEMENTARY SCHOOL o J W O 3 N j < < S. LON AL ALM OR S.W. 13TH ST. REIGLE' o FALL RIDGE o OF DELRA Y s I G E � vi vi STERLING AVENUE SETTIA DRfVE THE DOUGLAS AVENUE GROVES SOUTHRIDGE ROAD OF DELRAY w z EET w JJF' GULF STREAM a BESSIE sr. i CDMMERCIAL CENTRE o� o JE RD °� WATERPROOF ELLA ST.`S HOLDINGS LlNTON RIDGE z P CONDO " COUNTY SUtsOY �1RC SANITATfON [� XCAVATIO ,y�oE SOUiWRIDGE RD. ZEDER AVE. BENJAMIN AVE. __j - �� SECURITY PRECIS WALLACE SOUTHRIDGE Q SELF STORAGE TUN DODGE VILLAGE co CONDO 16 ALLACE OUTHRIDGE v NISSAN CONDO - TIRES XOTI C L I N T O N B O U L E V A R D a � a LAVER'S C J H P � Vi .S a ate' w vj 4 • N SUBJECT NOW DELRAY BEACH PLANNING AND ZONING DEPARTMENT LOCATION -- DIGITAL RASE MAP SYSTEM --- MAP REF: S: \Plonning & Zoning \DBMS \FI— Ca6 \Z —LM 1001 - 1500 \LM1363_MD Now Delray Beach PROPERTY MAP _ CHURCH ~ FINE GROVE 0 ELEMENTARY SCHOOL F o - v z S. LONG AL LM DR. S.W. 11TH 7. o� FALL RIDGE 3 OF v v STERUNG AVENUE $EYTIA DRIVE MD THE GROVES DOUGLAS AVENUE OF DELRAY SOUTHRIDGE ROAD w z P a GULF STREAM a RESSIE ST. z y °P COMMERCIAL CENTRE a R\o�E WATERPROOF h vi Q ELLA S7. LINTON HOLDINGS RIDGE CONDO L & A �XC LA' COUNTY SANITATION TIO C SOUTHRID .SECURITY PRECIS WALLACE SOUTHRIDGE SELF STORAGE TUN ALLACE DODGE VILLAGE CONDO 3 OUTHRIDGE" CMR NISSAN CONDO �:" TIRES XOTIC L f N T G N B O U L E V A R D N LAVER'S a P GC GC IND o c/R F C a' y- MD C1f'tiE G� RAI o N SUBJECT MD NOW DELRAY BEACH PROPERTY PLANNING AND ZONING DEPARTMENT EXISTING FUTURE LAND USE MAP DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \Rl — Cab \Z —LM 1001 - 1500 \LM1383_.MD Now Delray Beach FLUM N PLANNING AND ZONING DEPARTMENT SUBJECT PROPERTY 0 MD NOW DELRAY BEACH PROPOSED FUTURE LAND USE MAP -- DIGITAL BASE MAP SY57EM -- MAP REF: S: \Plonning & Zoning \DBMS \F1 — Cab \Z —LM 1001- 1500 \LM1383_MD Now Wray Beach Zoning N SUBJECT MD NOW DELRAY BEACH PLANNING AND ZONING PROPERTY EXISTING ZONING MAP DEPARTMENT -- DIGITAL BASE MAP SY57EM -- MAP REF: S: \Plonning & Zoning \DBMS \F1 — Cab \Z —LM 1001- 1500 \LM1383_MD Now Wray Beach Zoning 'lei N —2911111,1111— PLANNING AND ZONING DEPARTMENT SUBJECT PROPERTY D MD NOW DE LRAY BEACH PROPOSED ZONING MAP -- DIGITAL BASE MAP SYSTEM -- MAP REF: S* \Planning & Zoninq \DBMS \Fl - Cab \Z -LM 1001 -- 1500 \LM1383_MD Now Delray Beach Zoning G r,. Jon E. Schmidt and Associates Land Planning and Landscape Architecture Justification Statement MD Now Delray Beach City of Delray Beach Rezoning Application Submittal Original Submittal: February 1, 2013 Request The 0.49 -acre subject property (PCN 12- 43- 46- 20- 01- 008 -0080) is located on the north side of Linton Boulevard approximately 670 lineal fee west of SW 4th Avenue and 1,150 lineal feet east of SW 10th Avenue. Currently the subject property supports a Future Land Use (FLU) designation of Medium Density 5 -12 dwelling units per acre (MD) and is currently within the Single Family Residential (R -1 -A) Zoning District. The property is currently occupied by a 2,405 square foot (according to the Property Appraiser of Palm Beach County's [PBC] web site), 2 -story single - family residence_ MD Now is requesting a Rezoning from the R -1 -A Zoning District to the General Commercial (GC) Zoning District for the purposes of constructing a 4,795 square foot medical office on the subject property. Concurrent applications are being filed for (1) FLUM Amendment from MD to General Commercial (GC) and (2) Site Plan Review & Appearance Board ( SPRAB) (Class V) with a Waiver. Justification Per Section 2.4.5(D) (2) of the City of Delray Beach Land Development Regulations (LDR's) a Rezoning application must be justified based on one of the reasons in the code. The agent feels that the requested rezoning to GC is justified since there has been a change in circumstances which makes the current zoning (R-1 -A) inappropriate. The subject property is the only property fronting Linton Boulevard between SW 4th Avenue to the east and 1 -95 to the west that supports a single family residential zoning district. It is likely that at one time single family residential was more prevalent along Linton Boulevard but the stretch upon which the subject property fronts is primarily a commercial (with the exception of properties that support institutional and multi - family residential uses). As such, it would be timely and appropriate to change the zoning designation to GC to be consistent with the majority of other properties that front Linton Boulevard between SW 4th Avenue to the east and 1 -95 to the west. Furthermore, the rezoning will not negatively impact existing services and facilities and concurrency will be met as detailed below. a. Traffic: Please see Insignificant Traffic Statement prepared by Simmons & White dated January 31, 2013. b. Mass Transit: The nearest Palm Tran bus routes are Route 70 and Route 80 and the closest Tri -Rail connection is the Delray Beach Tri -Rail Station. c. Potable Water and Wastewater: The property will connect to the water main that runs in the Linton Boulevard right -of -way. For wastewater the proposal is to connect to the gravity sewer that will be installed on the property to the east and north. Please refer to the Conceptual Paving, Drainage, Water & Wastewater Plan prepared by Simmons & White dated January 28, 2012 that is being included in the SRPAB (Class V) application 2247 Palm Beach Lakes Blvd. Suite 101 West Palm Beach, Florida 33409 Tel. (561) 684 -6141 Pax. (561) 684 -6142 E- mail:Jschmidt @jesla.com Justification Statement MD Now Delray Beach City of Delray Beach Rezoning Application Submittal Original Submittal: February 1, 2093 Page 2 of 2 submittal package. Drainage: Legal positive outfall is available to the site via discharge to the Linton Boulevard drainage system along the south side of the property. The proposed project will meet all applicable rules and regulations for that outfall. Please refer to the Conceptual Paving, Drainage, Water & Wastewater Plan prepared by Simmons & White dated January 28, 2012 that is being included in the SRPAB (Class V) application submittal package. Fire Rescue: The nearest City of Delray Beach Fire - Rescue station is Station 3 located at 651 W. Linton Boulevard, which is directly adjacent to the subject property. MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Assistant Director Planning and Zoning Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: March 27, 2013 SUBJECT: AGENDA ITEM 12.B. - REGULAR COMMISSION MEETING OF APRIL 2, 2013 ORDINANCE NO. 08 -13 ITEM BEFORE COMMISSION Approval of a city - initiated amendment to the Land Development Regulations (LDRs) that will require the same parking requirement for call centers located in the CBD commensurate with those allowed elsewhere throughout the city. BACKGROUND Call centers can fit as many as eight (8) or more agents per 1,000 sq. ft., where a conventional office has an average of four (4) employees per 1,000 sq. ft. Where these facilities have opened up, it has become clear that the conventional office use parking requirement that existed was inadequate. An LDR amendment was approved (Ord. 22 -11) in mid 2011 that created a defmition of Call Center, and further specified a parking ratio of two (2) spaces per 1,000 sq. ft. of gross floor area, plus one (1) space per work station as shown on the related floor plan. When the initial amendment for Call Centers was processed, the requirement did not apply to all areas of the CBD. For example, in the Central Core of the CBD, minimum required parking in the area bounded by Swinton Ave to the west, North 2nd Street and South 2nd Street to the north and south, respectively, and the Intracoastal Waterway to the east, is one (1) space per 300 sq. ft. of gross floor area, except for restaurants, hotels and motels, and business and professional offices. The same situation occurs in the West Atlantic Overlay District, where call centers have the same one (1) space per 300 sq. ft. of gross floor area. In each of these areas, call centers were not added to the list of uses that are to be considered under higher requirements. Given the intensity of this type of use it should have been, and this amendment addresses this. The proposed amendment will require the same parking requirement for call centers wherever they are located, including the Central Core and West Atlantic Neighborhood sections of the CBD. REVIEW BY OTHERS The Planning and Zoning Board reviewed the item at their March 18, 2013 meeting and a unanimous recommendation of approval was made. RECOMMENDATION By motion, approve Ordinance No. 08 -13 on first reading for a city- initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 08 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT ", SUBSECTIONS 4.4.13 (G)(1) "CENTRAL CORE AND BEACH AREA SUPPLEMENTAL REGULATIONS AND 4.4.13 (G)(2) "WEST ATLANTIC NEIGHBORHOOD SUPPLEMENTAL DISTRICT REGULATIONS" TO PROVIDE FOR PARKING REGULATIONS GOVERNING CALL CENTERS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on March 18, 2013, and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.13 "Central Business (CBD) District ", Subsection 4.4.13 (G), "Supplemental District Regulations ", Subsection (1) "Central Core And Beach Area Supplemental Regulations" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (1) Central Core And Beach Area Supplemental Regulations (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south, the parking requirements for all non - residential uses, except restaurants, hotels and motels, aad business and professional offices, and call centers, shall be one space for each 300 square feet of gross floor area or fraction thereof. The parking required for the creation of new floor area, shall also include the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the Central Core and Beach Area within the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this Subsection (G)(1). (b) When the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. (c) If the required parking is not or cannot be provided on -site or off -site, the in -lieu fee option provided in Section 4.6.9(E)(3) may be applied. (d) For all property located from Swinton Avenue on the west to NE /SE 5th Avenue to the east, between Atlantic Avenue and the east -west alleys on the north and south sides of Atlantic Avenue, as shown on the Town of Linton Plat (P.B. 1, P.G. 3), the parking requirement for restaurants is established at 12 spaces per 1,000 square feet of gross floor area up to 6,000 sq. ft. and then 15 spaces per 1,000 sq. ft. of gross floor area over the initial 6,000 sq. ft., with the exception of Old School Square. The parking requirement for restaurants in the balance of the Central Core and Beach Area is established at six (6) spaces per 1,000 sq. ft. of gross floor area. (e) The parking requirement for hotels and motels within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and 12 spaces per 1,000 square feet of gross floor area up to 6,000 sq. ft. and then 15 spaces per 1,000 sq. ft. of gross floor area over the initial 6,000 sq. ft., for restaurants and lounges within a hotel or motel on property located from Swinton Avenue on the west to NE /SE 5th Avenue to the east, between Atlantic Avenue and the east -west alleys on the north and south sides of Atlantic Avenue, as shown on the Town of Linton Plat (P.B. 1, P.G. 3). In the balance of the Central Core and Beach Area, the minimum parking requirement is six (6) spaces per 1,000 sq. ft. of gross floor area devoted to restaurants and lounges within the hotel or motel. 2 ORD. NO. 08 -13 (f) The parking requirements for residential units in multi - family structures and mixed -use buildings shall be as follows: • Efficiency dwelling unit 1.0 space /unit • One bedroom dwelling unit 1.25 Spaces /unit • Two or more bedroom dwelling unit 1.75 spaces /unit • Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 spaces /unit - for units 21 -50 0.30 spaces /unit - for units 51 and above 0.20 spaces /unit (g) Within Townhouse and Townhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. (h) Location of Guest Parking Spaces: Guest parking spaces must be accessible to all visitors and guests and may be centralized or located near recreational features within a development project. (i) The parking requirement for business and professional offices within the following portions of the CBD is established at one (1) space per 300 sq. ft. of net floor area. 1. The portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south; 2. The portion of the CBD bounded by N.E. 5th Avenue on the west, N.E. 6th Avenue on the east, N.E. 2nd Street on the south and George Bush Blvd. on the north; and 3. The portion of the CBD bounded by S.E. 5th Avenue on the west, S.E. 6th Avenue on the east, S.E. 2nd Street on the north and S.E. 4th Street on the south. Section 3. That Section 4.4.13 "Central Business (CBD) District ", Subsection 4.4.13 (G), "Supplemental District Regulations ", Subsection (2) "West Atlantic Neighborhood Supplemental District Regulations" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (2) West Atlantic Neighborhood Supplemental District Regulations: The following supplemental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B): 3 ORD. NO. 08 -13 (a) Commercial structures are limited to a maximum depth of 150 feet from the ultimate right -of -way of Atlantic Avenue, unless the parcel has frontage on N.W. 5th Avenue or S.W. 5th Avenue. Accessory uses such as parking areas, landscaping, and drainage retention areas may extend beyond the 150 foot limit. Establishment or expansion of structures beyond the 150 foot limit may be allowed as a conditional use, subject to the required findings of Section 2.4.5(E)(5). (b) There is no restriction on repair and /or reconstruction of non - conforming single family residences located a minimum of 150 feet from Atlantic Avenue. (c) Six (6) parking spaces per 1,000 square feet of gross floor area are required for restaurants and one (1) parking space per 300 square feet of gross floor area is required for all other non - residential uses, except hotels and motels, ftPA business and professional offices -, and call centers. Parking spaces for residential uses are required at the rates established in Section 4.6.9(C)(2). (d) The parking requirement for hotels and motels is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. (e) If the required parking is not or cannot be provided on -site or off -site, the in -lieu fee option provided in Section 4.6.9(E)(3) may be applied. (f) Parking areas and accessways to parking lots must be located to the rear of commercial structures that have frontage on Atlantic Avenue. Where locating parking to the rear of the structure is impossible or inappropriate, the Site Plan Review and Appearance Board may approve an alternate location. (g) The parking requirement for business and professional offices is established at one (1) space per 300 sq. ft. of net floor area. 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 immediately upon its passage on second and final reading. ORD. NO. 08 -13 PASSED AND ADOPTED in regular session on second and final reading on this the day of 2013. ATTEST City Clerk First Readi Second Reading MAYOR ORD. NO. 08 -13 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: MARCH 18, 2013 AGENDA NO: VI. C. AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.4.13(G) "SUPPLEMENTAL DISTRICT REGULATIONS ", SUBSECTIONS (1) AND (2), TO APPLY THE SAME PARKING REQUIREMENT FOR CALL CENTERS IN THE CBD AS THEY ARE REQUIRED THROUGHOUT THE CITY. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a city - initiated amendment to Land Development Regulations (LDRs) that will require the same parking requirement for call centers located in the CBD commensurate with those allowed elsewhere throughout the city. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND /ANALYSIS On June 20, 2011, the Planning and Zoning Board recommended approval of an amendment that added a definition for Call Center, and assigned a ratio of two (2) spaces per 1,000 s. ft. of gross floor area, plus one (1) space per work station as shown on the related floor plan. Ordinance 22- 11 was subsequently adopted by the City Commission on July 19, 2011. The amendment was processed because such uses were known to house an increased number of employees in smaller office spaces (cubicles) than more typical office uses. Call centers can fit as many as eight (8) or more agents per 1,000 sq. ft., where a conventional office has an average of four (4) employees per 1,000 sq. ft. Where these facilities have opened up, it has become clear that the conventional office use parking requirement that existed was inadequate. When the initial amendment for Call Centers was processed, the requirement did not apply to all areas of the CBD. For example, in the Central Core of the CBD, minimum required parking in the area bounded by Swinton Ave to the west, North 2nd Street and South Second Street to the north and south, respectively, and the ICW to the east, is one (1) space per 300 sq. ft. of gross floor area, except for restaurants, hotels and motels, and business and professional offices. The same situation occurs in the West Atlantic Overlay District, where call centers have the same one (1) space per 300 sq. ft. of gross floor area. In each of these areas, call centers were not added to the list of uses that are to be considered under higher requirements. Given the intensity of this type of use it should have been, and this amendment addresses this. The proposed amendment will require the same parking requirement for call centers wherever they are located, including the Central Core and West Atlantic Neighborhood sections of the CBD. Planning and Zoning Board Meeting, March 18, 2013 LDR Amendment - Parking for Call Centers in the CBD REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and the following objective supports this proposed amendment: Future Land Use Element Objective A -5 states that "the City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlined processes including, but not limited to, building permit processes for residential developments and to accommodate mixed -use developments, and other innovative development practices." This amendment will add the parking requirements specific for call centers to the Central Core and the West Atlantic Neighborhood consistent with what has been enacted for the balance of the city. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council • Progressive Residents of Delray (PROD) Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION Adoption of this ordinance will clarify the original intent to include the same parking requirements for call centers throughout the entire city. The use will continue to be permitted in the CBD, but will have to provide sufficient parking based upon that specific use. The omission of these increased parking requirements within the CBD area, where parking is limited, was an oversight which is being corrected with this amendment. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.4.13(G) "Supplemental District Regulations ", Subsections (1) And (2), To Apply The Same Parking Requirement For Call Centers In the CBD As They Are Required Throughout The City, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) 2 Planning and Zoning Board Meeting, March 18, 2013 LDR Amendment - Parking for Call Centers in the CBD C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.4.13(G) "Supplemental District Regulations ", Subsections (1) And (2), To Apply The Same Parking Requirement For Call Centers In the CBD As They Are Required Throughout The City, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 4.4.13(G) "Supplemental District Regulations ", Subsections (1) And (2), To Apply The Same Parking Requirement For Call Centers In the CBD As They Are Required Throughout The City„ by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: • Ordinance No. 08 -13 3