Loading...
05-21-13 Regular MeetingCity of Delray Beach Regular Commission Meeting Tuesday, 21, 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 ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. APPROVAL OF MINUTES: A. April 16, 2013 - Regular Meeting 5. PRESENTATIONS: A. Life Saving Award Presentation recognizing Jude Diaz and Rachel Diaz B. Recognizing and commending Delray Medical Center for being designated as a Level 1 Trauma Center by the State of Florida 6. COMMENTS AND INQUIRIES ON AGENDA AND NON - AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 7. AGENDA APPROVAL 8. CONSENT AGENDA: City Manager Recommends Approval A. FINAL SUBDIVISION PLAT APPROVAL /GULFSTREAM VILLAS AT HERITAGE LANDINGS: Approve a final plat for a proposed fifteen (15) unit townhouse development being platted as Gulfstream Villas at Heritage Landings, located at the southwest corner of Gulfstream Boulevard and Webb Avenue. B. REQUEST FOR A SIDEWALK DEFERRAL /511 SEAGATE DRIVE: Approve an agreement to defer installing a sidewalk along Seagate Drive for the property located at 511 Seauate Drive. C. PAYMENT/ CSX TRANSPORTATION, INC. (CSXT): Approve a payment to CSX Transportation, Inc., (CSXT) in the amount of $56,263.00 for additional costs related to the reconstruction of the S.W. 101h- Street railroad crossing. Fundinm is available from 334 - 3162 -541 -46.90 (General Construction Fund: Repair & Maintenance Services /Other Repair /Maintenance Costs). D. MODIFICATION TO THE JOINT PARTICIPATION AGREEMENT (JPA)/ FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/ DOWNTOWN ROUNDABOUT TROLLEY: Approve a modification to the Joint Participation Aureement (JPA) for the Florida Department of Transportation (FDOT) to provide additional Lyrant fundinLy for the Downtown Roundabout Trollev. E. INTERLOCAL AGREEMENT/ SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY, (SFRTA): Approve an Interlocal Agreement with the South Florida Regional Transportation Authority (SFRTA), to accept rant funding in an amount not to exceed $75,000.00 per year for two (2) years for the Downtown Roundabout Shuttle Bus service. AGREEMENT /ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES (ACCF): Approve an agreement between the City and the Achievement Centers for Children and Families (ACCF) in an amount not to exceed $120,000.00 for a summer camp with reading enhancements to help further third grade reading proficiency through the campai2n for trade level reading. Funding is available from 118- 1931 -562- 82.09 (Neighborhood Services: Aid to Private Organization /Community Child Care Center). G. RESOLUTION NO. 29 -13: Approval to amend Resolution No. 47 -08, adopted by the City Commission on September 16, 2008, authorizing the issuance of City of Delray Beach, Florida Revenue Improvement Bonds, Series 2008 (Taxable) (the "Bonds ") for the sole purpose of extending the final maturity of the bonds to September 1, 2013; authorizing the proper officers of the City of Delray Beach, Florida to do all things deemed necessary or advisable in connection with such amendment. H. SPECIAL EVENT REQUEST/ 4th OF JULY FESTIVITIES: Approve a special event request for the 4th of July Festivities, including granting a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from the east side of N.E. /S.E. 7th Avenue to Ocean Boulevard, and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard from 2:00 p.m. to midnight; to waive Code of Ordinances Sections 101.25, "Commercial Enterprises ", and 101.32 "Assemblies" to allow assembly on the beach and vendors; to allow all beach parking lots to remain open until approximately midnight; and to approve staff support for security and traffic control, street barricading and banner hanging, large stage set up and use, EMS support, use of City generator, signna e, and clean up and trash removal. I. PROCLAMATIONS: 1. Civility Month - May 2013 2. Knights of Pythagoras Mentoring Network's Ladies of Distinction Day — May 11, 2013 3. CJ Foundation — May 11, 2013 4. National Emergency Medical Services Week — May 19 -25, 2013 5. Water Reuse Week — May 19 -25, 2013 6. National Public Works Week— Mav 19-25.2013 7. National Missing Children's Day —May 25, 2013 8. Juneteenth — June 15, 2013 J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 6, 2013 through May 17, 2013. K. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Lawn Wizard in the amount of $63,449.00 for landscape maintenance at three (3) I -95 Interchanges. Funding is available from 119 -4144- 572 -46.40 (Beautification Trust Fund: Repair & Maintenance Services /Beautification Maintenance). 2. Bid award to Rust Wizard, Inc. in an amount not to exceed of $43,000.00 for anti - rust chemicals in the City's irrigation systems. Funding is available from 119- 4144 -572 -52.21 (Beautification Trust Fund: Operating Supplies /Chemicals). 3. Purchase award to multiple vendors in the amount of $1,468,363.00 for the purchase of forty -four (44) replacement vehicles and the installation of equipment in thirty -one (31) of those replacement vehicles. Funding is available from 501- 3312 -591 -64.20 (Garage Fund: Machinery /Equipment /Automotive) and 501 -3312- 591 -64.25 (Garage Fund: Machinery /Equipment /Heavy Equipment). 4. Purchase award to International Surveillance Technolouv, Inc. in the amount of $188,336.37 for replacement of the a2in2 covert surveillance vehicle. Funding is available from 501- 3312 -591 -64.25 (Garage Fund: Machinery /Equipment Heavy Equipment). REGULAR AGENDA: A. WAIVER REQUEST/ ED MORSE CADILLAC: Consider approval of a waiver request to Section 2.4.6(F), "Temporary Use Permit ", to allow a temporary office trailer for Ed Morse Cadillac, located at 2300 South Federal Highway. (Quasi- Judicial Hearin B. UTILITY SERVICE LINE WARRANTY PROGRAM AGREEMENT, RESIDENT LETTER & FEES: Consider approval of the proposed Aureement with Utility Service Partners (d /b /a Service Line Warranties of America) to offer a voluntary utility service line warranty program to homeowners. C. PROPOSAL /PUBLIC FINANCIAL MANAGEMENT GROUP: Consider a proposal with Public Financial Management (PFM) Group for BudMet Model ForecastinM. Funding is available from 334 - 6111 -519 -66.10 (General Construction Fund: Books /Publications /Software). D. OFFICE OF INSPECTOR GENERAL: Discuss a lawsuit filed against Palm Beach County contesting the funding mechanism the County set up for the Inspector General. E. CITY MANAGER EVALUATION F. CITY ATTORNEY EVALUATION G. APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to serve a two (2) year term ending April 22, 2015 to the Police & Firefighters Retirement System Board of Trustees. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). H. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one (1) regular member to the Public Art Advisory Board to serve an unexpired term plus a two (2) year term ending July 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). I. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority to serve an unexpired term plus a four (4) term ending July 14, 2017. Based upon the rotation system, the recommendation for appointment will be made by Commissioner Jacquet (Seat #2). J. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to the Police Advisory Board to serve an unexpired term plus a two (2) year term ending July 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). K. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) regular member to the Financial Review Board to serve an unexpired term plus a two (2) year term ending July 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). L. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: one (1) regular member to the Downtown Development Authority Board to serve an unexpired term ending July 1, 2014. Based upon the rotation system, the appointment will be made by Mayor Glickstein (Seat #5). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 10 -13: Consider an amendment to Chanter 33. "Police and Fire- Rescue Departments ", Section 33.62, `Benefit Amounts and Eligibility ", and Section 33.64, "Contributions ". 11. FIRST READINGS: A. NONE 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission Margo Vinik, 824 Lago Rd., Delray Beach, FL 33445, 561- 542 -5428, mvinik3 @gmail.com Topic: The City of Delray Beach Must Join Its Neighbor Boca Raton in Offering Its Citizens Fluoride Free Drinking Water Honorable Mayor, City Council Members and all those in attendance: The City of Delray Beach began fluoridating its water in 1991 when the following information was not readily available over the internet. According to a 1996 United States Public Health Service study of the dental records of 39,000 children ages 5 -17, from 84 areas in the United States, water fluoridation is not effective in reducing tooth decay. A New Zealand Department of Health study done on 60,000 children ages 12 -13 also showed water fluoridation has no effect on tooth decay. In 1993, the National Research Council found that up to 80% of children in water fluoridated areas have a condition called fluorosis which is tooth deformity. A 1995 study called the "Effects of Fluoride Exposure on the Intelligence of Children," showed children in nonfluoridated municipalities had higher IQ's than the children in fluoridated municipalities. A 1998 study by the medical journal "Brain Research " showed low doses of fluoride were linked to the brain degeneration found in alzheimer's disease and dementia. A 1 990 to 1992 study by the American Medical Association showed that fluoride was linked to osteoporosis, hip fracture and bone fragility. Studies by Proctor and Gamble, National Cancer Institute, Bateile Research Institute and the New Jersey Department of Health all show a link to fluoride and cancer. The phosphate industry has turned disposal of its toxic fluoride waste that the EPA has deemed illegal to pump into the air, into a multibillion dollar industry selling it to the municipalities. The City of Delray Beach must follow the example of its next -door- neighbor, Boca Raton and not fluoridate its drinking water. I urge you discontinue water fluoridation immediately for the sake of all of us, and the ones we have already lost, thank you for your time and attention to this regard. APRIL 16, 2013 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, April 16, 2013. 1. Roll call showed: Present- Commissioner Shelly Petrolia Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent - Commissioner Alson Jacquet Also present were - Louie Chapman, City Manager Robert A. Barcinski, Assistant City Manager Brian Shutt, City Attorney Lanelda D. Gaskins, Acting City Clerk 2. The opening prayer was delivered by Reverend Kathleen Gannon with St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPROVAL OF MINUTES: Mrs. Petrolia moved to approve the Minutes of the Special/Workshop Meeting of January 8, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 0 vote. Mrs. Gray moved to approve the Minutes of the Regular Meeting of March 19, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 0 vote. 5. PROCLAMATIONS: S.A. Paralyzed Veterans Association (PVA) Awareness Month — April 2013 Mayor Glickstein read and presented a proclamation hereby proclaiming April 2013 as PVA Awareness Month in the City of Delray Beach. Tim Warner came forward to accept the proclamation and gave a few brief comments. 04/16/13 5.B. National Arbor Day — April 16, 2013 Mayor Glickstein read and presented a proclamation hereby proclaiming April 16, 2013 as Arbor Day in the City of Delray Beach. Lula Butler, Director of Community Improvement came forward to accept the proclamation and gave a few brief comments. 5.C. "A Day to Remember" — April 27, 2013 Mayor Glickstein read and presented a proclamation hereby proclaiming April 27, 2013 as "A Day to Remember" at Church of the Palms. Reverend Laurie Ann Leach came forward to accept the proclamation and gave a few brief comments. 5.D. Delray Beach Police Department Month — May 2013 Mayor Glickstein read and presented a proclamation hereby proclaiming May 2013 as Delray Beach Police Department Month. Pam O'Brien, Chief Strianese and Assistant Chief Goldman came forward to accept the proclamation. Assistant Chief Goldman came forward and gave a few brief comments. 5.E. National Travel and Tourism Week — May 4 -12, 2013 Mayor Glickstein read and presented a proclamation hereby proclaiming May 4 -12, 2013 as Travel and Tourism Week. On behalf of the residents, Shirley Talbert came forward to accept the proclamation. 6. PRESENTATIONS: 6.A. Presentation of African Art — Sister Cities Committee David Schmidt, President of Delray Beach Sister Cities Committee, gave a brief presentation of the African Art. 7. Comments and Inquiries on Agenda and Non - Agenda Items from the Public Immediately Following Presentations 7.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. 7.B. From the Public. 7.B.1. Carol Anderson, 1441 East Bexley Park Drive, Delray Beach, FL 33445 (Outreach Director of S.A.F.E.), commended the Commission for recognizing Paralyzed Veterans Awareness (PVA) Month. Ms. Anderson stated she recently walked 2 04/16/13 the downtown sidewalks with a paralyzed veteran who emphasizes his abilities rather than his disabilities. However, she stated they could not make their way in Pineapple Grove and on Atlantic Avenue without moving or asking others to move tables, chairs and signs. Ms. Anderson quoted LDR Section 6.3.3(F)(2), 6.3.3.(F)(5), 6.3.3(F)(5)(7) and 6.3.3(17)(5)(7)(12). She stated the sidewalk cafe ordinances should be strongly enforced with penalties. Ms. Anderson stated all the sidewalk cafes are due for renewal on July 1, 2013 and urged the Commission to warn all the permitees that their renewal applications must comply fully and that the law will be enforced. 7.B.2. Onu Hogue, 1600 North Federal Highway #112, Delray Beach, FL 33483, (owner of Southgate Motel), stated his project was in front of the Commission last month and he does not understand what was wrong with his project. He stated he is trying to demolish an old hotel and is willing to do everything the Commission wants him to as long as he can put up a new building. 7.B.3. Bob Currie, Currie Sowards Aquila Architects, 185 NE 4th Avenue Suite 101, Delray Beach, FL 33483, stated the owner is ready to demolish the existing motel and create a proper venue there. 7.B.4. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, stated Stockton, California is the largest U.S. City to file for bankruptcy and now the bondholders of that city and the Police and Fire Unions are fighting over who takes the biggest hit. Mr. Blum stated the Stockton Gazette recently ran a headline "Beautification Project Put on Hold" and feels this is the opposite of Delray Beach. He stated the City of Delray Beach is going to spend approximately $13 million (25% of annual ad valorem taxes) on narrowing Federal Highway, widening the sidewalks and planting trees. Mr. Blum stated to borrow $13 million today for beautifying Federal Highway is not the proper thing to do. 7.B.5. Lisa Bright, 12358 Foxmoor Drive, Riverview, FL, read a brief statement into the record explaining in detail the reasons why she requested the audit of the Delray Beach Community Redevelopment Agency (CRA) for the Palm Beach Legislative Delegation. In 2011, Ms. Bright stated she filed a whistle blower lawsuit against the City of Boynton Beach. As part of that action, Ms. Bright stated the CRA defense counsel subpoenaed the Executive Director of the Delray Beach CRA for her deposition in September 2012 and her sworn testimony was the rationale for Ms. Bright's request of an audit of the Delray Beach CRA. Ms. Bright stated after her request for the audit became public on April 1st and 2nd she received several text and voice messages from political consultant Richard McDermott and she informed him that what prompted her to contact him was the deposition of the Executive Director of the Delray Beach CRA. Ms. Bright stated it is well within her civil rights to request all pertinent information to restore her good name in her upcoming trial. 7.B.6. Carolyn Patton, 1020 Tamarind Road, Delray Beach, FL 33483 and owns her late mother's house at 65 Palm Square and the lot immediately south of it in the Marina Historic District (President of the Marina Historic District Homeowners' Association), requested that the issue of "Resident Only Parking" in the 3 04/16/13 Marina Historic District be placed on the May Workshop agenda. She stated they were informed last week by City personnel that a traffic parking study would now be required before any ordinance could be considered. Mrs. Patton distributed photographs of the area some from the weekend after the Delray Affair when the season is supposed to be winding down. After 30 years of her mother living here she stated none of the cars in the photographs belong to residents of the Marina District including the truck. Mrs. Patton stated a driver had to pull off to allow the Range Rover to pass because there is not enough room for two cars to pass each other when these cars are parked like this in a row. Mrs. Patton stated the City has a severe parking problem. The photos depict what the Historic Marina District looks like daily during the season and 4 -5 times or more a week during off season this is not just an hour or so of noise and inconvenience; many days it starts around lunchtime and runs until the early morning hours (i.e. 2:00 a.m.). Mrs. Patton stated there are many precedents for cities and towns granting "Resident Only Parking" in residential neighborhoods that abut popular commercial districts. She stated the Arlington, Virginia parking permit ordinance has been upheld by the United States Supreme Court in 1977 as valid and constitutional and the Supreme Court held that cities have the responsibility to protect residential areas from overflow commercial parking (434 U.S.5). She stated there is a precedent in Delray Beach with the boat owners that were given public parking spaces for their parking without any studies. Secondly, Mrs. Patton thanked City staff who have helped to re -route trucks out of their area and urged the Commission to place this issue on the agenda. Also, Mrs. Patton thanked Amy Alvarez, Historic Preservation Planner, for nominating the Marina Historic District to the National Register. 7.B.7. Denise Alexander, 603 Lakewoode Circle West, Delray Beach, FL 33445, congratulated Mayor Glickstein and Deputy Vice -Mayor Shelly Petrolia in winning a hard fought campaign. Ms. Alexander stated she is present this evening because of the same kind of concerns that they had addressed in their election campaigns. She stated a golf course renovation and expansion is planned in the Hamlet community by the Seagate Hospitality Group and is slated to commence on May 1, 2013 but they do not know if the required permits have been obtained or if the City's approval has been given for required zoning changes. She stated they do not know that what is planned is even permitted under the agreements with the Hamlet Residents' Association or under City planning rules. Ms. Alexander stated The Seagate is planning a major expansion of the golf course and this will include a reconfiguration of the course and the removal of more than 60 mature trees without the consent of the homeowners. 7.B.8. Barbara Kovel, 600 Pine Lake, Delray Beach, FL 33445 (has lived at the Hamlet for 2 years), stated they chose the Hamlet because of its unique features including that it is a wonderful eco system supporting hundreds of wild birds and other majestic wildlife. Mrs. Kovel stated last year the Seagate Hospitality Group bought the country club and they are planning to cut down a minimum of 100 mature trees on the golf course that surrounds their home. In addition, the Seagate is planning at least a six (6) month renovation of golf course which will include re- routing water drainage, installing artificial rock curbs and other work that will change the natural typography of 4 04/16/13 more than several hundred acres of an established eco system. Mrs. Kovel stated this golf course directly opens onto private property and requests that all workers have a State photo ID and all persons entering their gates are screened and identified on every entry past their gate as she is. Mrs. Kovel stated if she rides her bicycle past the gate upon returning she must submit a State issued photo ID to a guard she has known for two years. Mrs. Kovel formally requests that all Seagate personnel and contracted employees including day laborers follow the same procedure every time they enter the gate. 7.B.9. Gloria Hulnick, 604 Lakewoode Circle West, Delray Beach, FL 33445 (lived at the Hamlet for 21 years), stated residents are distressed over the Seagate's proposal of a major renovation of the golf course starting May 1, 2013. Mrs. Hulnick stated they do not feel that the can rely on the Hamlet Residents Association (HRA) to provide them with much information. She stated residents are concerned with the number of trees that will be taken down due to arrange for the new playground. Mrs. Hulnick expressed concern that the proposal will destroy the natural beauty of the property behind them. She urged the Commission to intervene before it is too late. 7.B.10. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, congratulated Commissioner Petrolia and Mr. Chapman. Mr. Warner expressed concern over the parking issue and stated there was a parking study completed three (3) years ago that had very straight forward conclusions. He would like to hear comments tonight about the Commission's thought on that. 7.B.11. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, expressed concern over Item 10.A. and stated there were no disclosure of fees involved with starting up a bond, what the exact costs were, what the payback is, what the penalties are and why we need to narrow Federal Highway if we do not have the money. Secondly, Ms. Morrison stated she is getting significant pushback from clients indicating that they do not know if they want to come to Delray Beach because we are so hard to deal with getting building permits because of the way the LDRs are written and the procedures that we have in place. Ms. Morrison suggested that the City rewrite the LDRs to meet the 2013 vision of the City in going forward. In addition, Ms. Morrison suggested doing online submittals and updates. 7.B.12. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated he spoke two weeks on the need for the City to retain the sworn officers that we have. He stated on any given day the City is down approximately 25 officers out of 158 officers. Dr. Kirson stated he received no comments from the City Manager and it has been in the past appropriate for the City Manager to comment on public speaking and received one comments from the City Commission. Dr. Kirson stated he has been speaking on PBA issues for four (4) years and it is now down to about 133 sworn officers per day. 5 04/16/13 8. AGENDA APPROVAL. Mr. Frankel requested that Item Item 9.F., Special Event Request /2nd Annual Wine and Seafood Festival 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: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Frankel — Yes. Said motion passed with a 4 to 0 vote. 9. CONSENT AGENDA: City Manager Recommends Approval. 9.A. LANDSCAPE MAINTENANCE AGREEMENT /120 SOUTHRIDGE ROAD: Approve a Landscape Maintenance Agreement with R. Scott Buchanan for landscape installation within the right -of -way at 120 Southridge Road. 9.11. ADDITIONAL SCOPE/RANDOLPH & DEWDNEY CONSTRUCTION, INC.: Approve additional scope to Randolph & Dewdney Construction, Inc. in the amount of $16,670.14 for the Fire Station No. 1 Storm Hardening Project. Funding to be paid out of the Contract's Undefined General Allowance. 9.C. RESOLUTION NO. 25 -13: Approve Resolution No. 25 -13 assessing costs for abatement action required to remove nuisances on 29 properties throughout the City of Delray Beach. The caption of Resolution No. 25 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. 6 04/16/13 (The official copy of Resolution No. 25 -13 is on file in the City Clerk's office.) 9.D. REVISIONS TO THE COMMISSION RULES OF PROCEDURE: Approve revisions to the Commission Rules of Procedure to allow public comment not to exceed 3 minutes on special agenda items which are part of a workshop meeting. 9.E. SPECIAL EVENT REQUEST /ON THE AVE: Approve a special event request to endorse On the Ave to be held on May 9, 2013 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of N.E. /S.E. 5th Avenue, Railroad Avenue from Atlantic north to 150 feet north of the east/west alley, and to the alleys north and south of Atlantic on N.E. /S.E. 1st Avenue, N.E. /S.E. 2nd Avenue, S.E. 3rd Avenue, and N.E. /S.E. 4th Avenue and the southeast quadrant of the Delray Beach Center for the Arts grounds; and to authorize staff support as outlined in the staff report; with payment of costs to the City per the Special Event Policies and Procedures. 9.F. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 10.A.A. 9.G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 1, 2013 through April 12, 2013. 9.H. AWARD OF BIDS AND CONTRACTS: 1. Multiple awards to listed vendors for the purchase of Chemicals and Fertilizers through the Co -Op annual contract Bid No. 2013 -20 on an "as needed basis" at an estimated annual cost of $205,000.00. Funding is available from Beautification Trust Fund /Parks Maintenance, DB Municipal Golf Course, Lakeview Golf Course, Beautification Trust Fund and General Fund/Parks and Recreation Operating Supply Budgets. Mrs. Gray moved to approve the Consent Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 11. PUBLIC HEARINGS: 1LA. ORDINANCE NO. 06 -13: Consider 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 7 04/16/13 (General Commercial) for MD Now Delray Beach, located on the north side of Linton Boulevard, west of S.W. 4th Avenue at 601 Linton Boulevard. (Quasi- Judicial Hearing) The caption of Ordinance No. 06 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL -SCALE FUTURE LAND USE MAP AMENDMENT FROM MD (MEDIUM DENSITY RESIDENTIAL 5 -12 DU /AC) TO 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, (The official copy of Ordinance No. 06 -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. Mayor Glickstein read the City of Delray Beach Quasi - Judicial rules into the record for this item and all subsequent Quasi - Judicial items. Lanelda D. Gaskins, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission had no ex parte communication to disclose. Mark McDonnell, AICP, Assistant Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -096 CPA -CCA into the record. Mr. McDonnell stated the subject parcel is on the north side of Linton Boulevard west of S.W. 4m Avenue and east of Fire Station #3. He stated this is a 8 04/16/13 privately- initiated land use and rezoning to go from MD (Medium Density) and GC (General Commercial) land use. Mr. McDonnell stated the intent is to build a 4,795 square foot medical office which is not allowed under the current land use or zoning and the parcel measures 0.49 acres. At its meeting of March 18, 2013, the Planning and Zoning Board recommended approval with a 4 to 0 vote. The City Commission approved the ordinance on first reading on April 2, 2013 and asked that there be a comment from the Fire Chief on whether or not she had any opposition to the land use rezoning of the future site plan and she did not. Mr. McDonnell stated the discussion about acquiring land from this property is 4 years ago and it was a discussion based on having a grant application being ready and it was a hypothetical situation so it is no longer relevant. He stated the Fire Chief was hoping that discussion would not hold up any positive action on this item. Jon E. Schmidt, Schmidt & Associates, Inc., Agent for the Applicant, stated he believes this is a good fit for this area and is present for any questions the Commission may have. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of Ordinance No. 06 -13, to please come forward at this time. Carol Anderson, 1441 East Bexley Park Drive, Delray Beach, FL 33445 (Outreach Director of S.A.F.E.), stated there is too much "spot zoning" in Delray Beach. Ms. Anderson stated the City's map and LDRs should say what they mean or mean what they say. She stated property owners should know what is permitted and developers should be able to do what is permitted without months of reviews but should not feel free to propose structures and uses which are at radical odds with the existing zoning. Ms. Anderson suggested that the City have a blue ribbon panel which would be a complete review and re- visioning of the City's present and future appearance from the Interstate to the Intracoastal. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483 (speaking on behalf of the petition), commented about this being an emergency medical center next to a fire house. Ms. Morrison stated the present zoning of RM (Medium Density Residential) on Linton Boulevard is outdated and noted this is really a commercial parcel. She urged the Commission to support this change. Jim Smith, 1225 S. Ocean Blvd., #202, Delray Beach, FL 33483 (Chairman of S.A.F.E.), suggested that the City have a Blue Ribbon Panel as like the Charter Review to do a complete review in re- visioning of the City's present and future appearance. Mr. Smith stated several of the Commission members and Board members with education and experience in City planning and development should serve on the panel along with past Mayors and Commissioners; and, encourage city -wide participation. He stated new standards can and should incorporate the provisions for safe walking, bicycling, expanded transportation to benefit initiatives and that is the key for all these developments that come in. Mr. Smith suggested that the Blue Ribbon Panel 9 04/16/13 have a deadline of six (6) months to present a proposed route map and rules and definitions to the Commission and the Commission should have a deadline of another two (2) months to discuss review and adopt the new requirements. Mr. Smith requested that the Commission look at the entire area and stated Delray is about quality of life. There being no one else from the public who wished to address the Commission, the public hearing was closed. There was no cross - examination or rebuttal. Jon Schmidt, Agent for the Applicant, stated they looked at how it fits into the neighborhood and there is commercial to the east and also to the north. Mr. Schmidt stated two sides are commercial as well as across the other side of Linton Boulevard. He stated they are trying to work with Lintco and if they do not join them their architecture will be very similar in look and there will be a nice consistent look through this area. Mrs. Petrolia inquired if the adjacent parcel to the north is already zoned commercial. Mr. Schmidt stated that is part of Lintco's property. Mrs. Petrolia asked if that is going to be part of the shopping plaza. Mr. Schmidt stated if they do not end up joining them they will be an out parcel. Mr. Frankel stated he supports this project. Mrs. Gray stated she supports this project as well and noted this has been vacant for years. Mayor Glickstein stated he is in support of the zoning change. He stated residents and developers are understandably frustrated because of the lack of context and clarity of the City's LDRs relative to where this town is today. Mrs. Gray moved to adopt Ordinance No. 06 -13 on Second and FINAL Reading, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 0 vote. 1LB. ORDINANCE NO. 08 -13: Consider a city- initiated amendment to the Land Development Regulations (LDR) Section 4.4.13, "Central Business (CBD) District ", Subsection 4.4.13 (G)(1), "Central Core and Beach Area Supplemental Regulations ", to provide for parking regulations governing call centers. The caption of Ordinance No. 08 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT 10 04/16/13 REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT ", SUBSECTION 4.4.13 (G)(1) "CENTRAL CORE AND BEACH AREA SUPPLEMENTAL REGULATIONS" TO PROVIDE FOR PARKING REGULATIONS GOVERNING CALL CENTERS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 08 -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. Mark McDonnell, AICP, Assistant Director of Planning and Zoning, stated on April 2, 2013, the Commission had passed Ordinance No. 08 -13 with direction to staff to remove the West Atlantic Redevelopment area from the increased parking requirement. Mr. McDonnell stated the change that Commission directed has been reflected in this revised ordinance for second reading. He stated it will enjoy the same parking standard; one (1) space per 300 square feet as other businesses in the CBD and the central beach. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 08 -13, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 08 -13 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 0 vote. 11.C. PURCHASE AND SALE AGREEMENT: OLD SCHOOL SQUARE GARAGE RETAIL, SPACE: Consider approval of a contract by resolution authorizing the sale and purchase of interior space on the first floor of the Old School Square Parking Garage. i1.C.1. RESOLUTION NO. 08 -13: Provides for the sale to the Law Offices of Kanner & Pintaluga, P.A., in the amount of $2,500,000.00 for 10,400 square feet of interior space on the first floor of the Old School Square Garage Retail Space. The caption of Resolution No. 08 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, 11 04/16/13 AUTHORIZING THE CITY TO SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 08 -13 is on file in the City Clerk's office.) 11.C.2. RESOLUTION NO. 09 -13: Provides for the sale to S &F Acquisitions, Inc., a related entity of Schmier & Feurring Properties, Inc. in the amount of $2,500,000.00 for 10,400 square feet of interior space on the first floor of the Old School Square Parking Retail Space. The caption of Resolution No. 09 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 09 -13 is on file in the City Clerk's office.) 11.C.3. RESOLUTION NO. 24 -13: Provides for the sale to The Law Offices of Kanner & Pintaluga, P.A. in the amount of $1,000,000.00 for 5,385 square feet of interior space on the first floor of the Old School Square Garage Retail Space. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. 12 04/16/13 (The official copy of Resolution No. 24 -13 is on file in the City Clerk's office.) 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 there are three (3) resolutions and an updated Letter of Intent from the Arts Garage. The City Attorney stated Resolution 08 -13 is from Kanner & Pintaluga, P.A., for $2.5 million and the City would provide them twenty (20) assigned parking spaces; thirty (30) parking passes and that is for the entire space of 10,289 square feet; Resolution No. 09 -13 is from Schmier & Feurring Properties, Inc. in the amount of $2.5 and the City would provide fifteen (15) parking spaces and twenty - five (25) parking passes. There is also a provision in the agreement that they would allow the Arts Garage to enter into a lease agreement and they would stay there for ten (10) years in order to allow them to come up with the money to purchase the space so they would have right of first refusal; Resolution No. 24 -13 from Kanner & Pintaluga, P.A., which is for the space that is currently occupied by the Puppetry Arts Center and is about 5,300 square feet for $1 million and the City would provide them ten (10) parking spaces and fifteen (15) parking passes. The City Attorney stated the latest Letter of Intent from the Arts Garage provides that they would like to purchase the entire space for up to $2.5 million and requested that the City extend their lease agreement with the CRA for a period of three (3) years to allow them five (5) years in order to obtain adequate funding. Mayor Glickstein declared the public hearing open. Alan Schlosber2, 200 MacFarlane Drive, Delray Beach, FL 33483, stated the Arts Garage has been an asset for both Pineapple Grove and Delray Beach with magnificent entertainment including music, theatre, art and community outreach it has become a main attraction to visitors coming from all over South Florida. He stated this has generated thousands for Delray Beach and has been responsible for increasing the value of its current occupied space for $2.5 million. Mr. Schlosberg stated Delray residents want the Arts Garage to remain in the space they currently occupy. He stated the CRA has 35 acres of space they are looking to develop on West Atlantic Avenue and feels this area would be a more appropriate area for the law firm. Mr. Schlosberg stated the Arts Garage is a proven enterprise valuable to the economy of Delray Beach and most popular with its residents. He urged the Commission to approve the sale of the Arts Garage space that they currently occupy for the $2.5 million so they can guarantee an extended lease. Drew Tucker, 4812 W. Bexley Park Dr., Delray Beach, FL 33445 (Education Director of the Arts Garage), stated they have been able to touch numerous children in the past two years and have been able to affect the entire community. Mr. Tucker stated they appreciate the current location of the Arts Garage because it provides them the most access to the children that need them the most. Joyce Winston, 5122 Corbel Lake Way, Boynton Beach, FL 33437, stated the Arts Garage is a great venue and became a volunteer, joined the Guild and is 13 04/16/13 now a member of the Executive Board. Ms. Winston stated as a widow she found the Arts Garage to be warm and friendly that she starting coming on a regular basis and has been involved ever since. She urged the Commission to keep the Arts Garage where it is and stated the Arts Garage funds scholarships for underprivileged children to attend the Arts Academy run by Drew Tucker. Ms. Winston stated people come from all over South Florida for the music and the theatre. She urged the Commission to vote to keep the Arts Garage in its current location. Joann Larocca, 1600 N.W. 22"d Avenue, Delray Beach, FL 33445, stated she goes to the Arts Garage on Saturdays and noted it is a pleasure to go downtown and walk around and listen to the most beautiful music from superb musicians. She stated the Arts Garage belongs downtown and believes that it is imperative that we advance the arts because it is what advances society. Gary Eliopoulos, 205 George Bush Boulevard, Delray Beach, FL 33483, briefly spoke about the history of Pineapple Grove and stated the spirit of the people came together because of the Arts. He stated local architects and landscape architects put Pineapple Grove on the map and there were artists, art walks and incentive plans for developers to do sculptures on their projects. Mr. Eliopoulos stated Old School Square is about the Arts and urged the Commission to consider what the best use for this space is. Susan Schwartzfarb, 7365 Carmela Way, Delray Beach, FL 33446, stated there is no financial risk to the City of Delray Beach by having Schmier & Feurring's proposal accepted. Ms. Schwartzfarb stated she has been acquainted with Louis Terrell, Arts Garage Theatre Director since 1980 and feels Delray Beach is very lucky that he is here and would like to see him remain. She stated she would like to see Arts Garage remain where it is and does not feel Delray Beach needs another commercial space. Bill Timmis, President of the Board of Directors of the Puppetry Arts Center, stated they were in their space before the Arts Garage and noted that third caption on the Agenda for Resolution No. 24 -13 that references 5,385 square feet and stated that is the Arts Garage space not the Puppetry Arts Center. Mr. Timmis stated the Puppetry Arts center is only 4,800 square feet and asked for clarification on what space that is talking about. Mr. Timmis stated they just had their lease extended until May 2014 by the CRA Board and he would like to make sure that both parties are going to honor that lease. He stated the weekend of the Delray Affair they had 500 walk -ins that looked at their museum. Allen Glass, 919 N.W. 23''d Lane, Delray Beach, FL 33445, stated there is no place like the Arts Garage within the entire State of Florida and its venue is exciting. Mr. Glass stated he has become President of the Arts Garage and urged the Commission to come to some finality regarding the Arts Garage. Alyona Ushe, 180 N.E. 1s' Street, Delray Beach, FL, stated the Arts Garage has brought in over $2 million annually in the first two years of existence. Ms. 14 04/16/13 Ushe stated she has been in the arts administration business for 20 years and it is almost impossible to get an organization to be that successful that quickly and with that much support. She stated when you change locations it does not mean it is going to get bigger and better and there is a lot of risk involved in that. Ms. Ushe urged the Commission to keep these factors in mind and noted they are only going to get bigger and better. Marijo Beckman, 921 Spanish Circle #334, Delray Beach, FL 33483, (representing the raging grannies), stated they support the Arts Garage and put their protest to music into the record. Robert Schmier, 1008 Vista Del Mar Drive, Delray Beach, FL 33483 Board member of the Arts Garage), stated the proposal that should be considered is the lease to the Arts Garage and giving them the opportunity to buy and within in five years when its success is even greater and has the ability to raise the funds. In the meantime, capital can be used for renovations to building and upgrading and the intent is to honor the lease to the Puppetry Center through the Arts Garage if it is the decision of the Commission to sell the property to his firm they will honor what is stated in the lease. Mr. Schmier stated the purpose of his offer was to protect the Arts Garage ability to stay in the space. Paul Shoetec, lives in Hollywood, FL (professional musician), stated he travels all over the world and noted the Arts Garage is a unique place and it is bringing a lot of attention to Delray Beach. Mr. Shoetec stated when something is in a stage of incredible growth when you move it that can kill the growth. Mariorie Waldo, 4550 Ellwood Drive, Delray Beach, FL 33445 (Principal of Tomorrow's Promise Community School and used to be Delray Youth Vocational), stated this is a school for at risk students who have been denied through no fault of their own in most cases opportunity for things like the arts. Ms. Waldo stated they are grateful for Drew and everyone at the Arts Garage and hopes to have continued opportunity to do it. Mayor Glickstein thanked Ms. Waldo for the remarkable job she is doing at the school with how little she has to work with in terms of finances. Alan Konopski, writes a review for an online magazine called "Jazz and Blues ", stated a world renowned saxophonist Ed Kia told him the other night that the Arts Garage is the best place in the world that he likes to perform. Mr. Konopski stated another musician mentioned to him that there is no piano in South Florida that compares to the piano at the Arts Garage and that the sound system in spite of a glass wall is incredible. Mr. Konopski stated the Arts Garage is a treasure and urged the Commission to keep it in its current location. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, stated the Arts Garage is fantastic and everyone who is in the Chambers tonight raves about it. Mr. Warner stated if we count the 87% of the voters in town who did not vote we do not know how they feel about the Arts Garage. He stated the money for the Old School 15 04/16/13 Square Garage came from the Bond Issue that was supposed to finance in addition the Western Community Center. Mr. Warner stated selling this space would allow the City to pay back the loan and if the City sells it to Mr. Schmier it would become a tax generating entity and the Arts Garage could remain. Mr. Warner stated if the City opens the door to this Letter of Intent concept he feels the Commission is going way down the wrong road and urged the Commission to keep the Arts Garage. Pablo Del Real 521 Southrike Road, Delray Beach, FL 33444 (Founder of Auroras Voice a non - profit organization devoted to continuing the work of Martin Luther King and Mahatma Gandhi, stated the arts are critical to a healthy society and is an important cultural institution. Mr. Del Real urged the Commission to not move the Arts Garage because that will affect its success. Jill Perri, 65 N.E. 4th Avenue #H, Delray Beach, FL 33483, wholeheartedly supports the Arts Garage. She stated there is more space on the first floor to the west of the where the Arts Garage is and suggested that the Attorneys take this space rather than take the space that has been so successful as the Arts Garage. Dina Schwartz, 1065 Del Haven Drive, Delray Beach, FL 33483, stated the Arts Garage epitomizes what Delray Beach is about and hopes that the Arts Garage remains. Ms. Schwartz stated she was blown away by the performance Saturday night and proud to live in Delray. Brian Rosen, 106 N.E. 16th Street, Delray Beach, FL 33444 (member of the Executive Board of the Arts Garage), stated this location is the bridge between East Atlantic Avenue and the Pineapple Grove Arts District and noted it is amazing what has been achieved over the last two years. Mr. Rosen stated there is currently no office allowed on the first floor of East Atlantic Avenue because they do not want street fronts to be dark at night. Aniska Flower, 2105 Spring Harbor Drive, Delray Beach, FL, stated her daughter is a senior in the IB Program at Atlantic High School and noted she is a very accomplished jazz vocalist. Ms. Flower stated her performance has skyrocketed and she is gigging all over Delray Beach from restaurants to Old School Square, the Crest Theatre, and most recently she opened for Natalie Cole at the benefit concert last month held at Lynn University. She stated her daughter has excelled with her career this past year because of the workshops and opportunities that were offered to her through the Arts Garage and the mentoring that they gave her the understanding that she was able to do this. Susan Brender, 235 N.E. 1St Street #406, Delray Beach, FL 33444, stated she travels the world telling people what a joy it is to live in Delray Beach and she attributes that to the Puppetry Arts Center and the Arts Garage. Cecelia Boone, 239 N.E. 1St Avenue, Delray Beach, FL 33444, stated the Arts Garage is awesome and it is about the tenant mix. Ms. Boone stated she is proud to live in Delray Beach and feels this provides a great opportunity for children. She urged 16 04/16/13 the Commission to keep the Arts Garage where it is and stated it is Delray's flagship location and entrance to Pineapple Grove. Rosa Torres - Tumazos, Vice President of Finance for the Creative City Collaborative /the Arts Garage and a member of the Financial Review Board (FRB), stated if the Commission supports the Arts Garage staying where it is the option that they have described in the Letter of Intent is to give them five years of an extended lease. Ms. Torres - Tumazos stated every art organization receives private contributions as well as support and to go in two years to incurring a $2.5 million liability is what they would be incurring through Mr. Schmier's generous offer; however, she stated it is a much more costly option to incur and still survive these next few years. She stated they rely on a third of their funding from private contributions as well as public contributions from the CRA. Marilyn Horvic, lives in Parkland, FL, stated she was introduced to the Arts Garage this past November when her oldest son took an interest in arts, drama, vocal and acting. Ms. Horvic stated she drives to Delray Beach and spends 15 hours a week here because of his interest in the Arts Garage. She supports the Arts Garage and feels it is a safe community and great location. Unidentified Male, 5295 Grand Palm Circle, Delray Beach, FL 33484, in Detroit he had a series of Chamber music concerts (120 concerts a year /3 concerts per week) and the Detroit Symphony called them to asking for his help. He stated the Arts Garage is not where he would like it to be with regard to classical music and offered to help Alyona Ushe with the classical music in Delray Beach. He stated he is disappointed that Commissioner Jacquet is not present this evening and noted that there are two costs to this: (1) the Commission is elected by the people and (2) informed the law firm that they will picket to make sure they do not get a single customer. Jim Knight, 10 S.E. 1s' Avenue, Delray Beach, FL (represents the broker ), stated there is an existing lease with the Arts Garage that runs through 2015. Mr. Knight stated this property was put out to bid a long time ago and commented there is approximately $300,000 that is being funded to the Creative City Collaborative (CCC) every year. He stated if the City wants to guarantee that the Arts Garage stays there forever he suggested that the City give the Arts Garage the space. Mr. Knight stated the CRA purchased a 15,000 square foot building up the street and the Arts Garage could grow into that as well. Jenson Grant, Attorney at Kanner and Pintalum P.A., and lives at 4045 Village Drive Unit "D ", Delray Beach, FL 33445, stated unless they are given the additional space in downtown Delray they will probably be looking at moving outside the City of Delray Beach. Mr. Grant stated when he started working at the law firm in 2006 Kanner and Pintaluga had about 12 employees and now they have 94 employees. He stated they would make this space their headquarters which has become a southeast multi -state law firm and bring more people as the Arts Garage to downtown Delray at its current location. 17 04/16/13 There being no one from the public who wished to address the Commission regarding the Purchase and Sale Agreement for the Old School Square Garage Retail Space, the public hearing was closed. Mrs. Gray stated she believes Kanner & Pintaluga, P.A. was one of the first proposals that the City received on this property and asked prior to that have there been any other proposals or interest. Ingrid Kennemer, Real Estate Agent, stated they started the conversation with Kanner & Pintaluga, P.A. the beginning of summer 2012 and noted this was the first real offer since the turn of the economy and the Hyatt Place opening. She stated they did receive offers and interest prior to the economy slowing down. She stated at the time they had a lower price on the property because it was tied to an old appraisal. Ms. Kennemer stated this property sat dormant for a couple of years and that is why the agreement with the CRA was put into the space. She stated when the interested party came to them and suggested that they were interested that triggered their coming to the Commission and the Commission asked for a new appraisal. Mr. Frankel made reference to a memorandum from the City Attorney dated October 9, 2012 (City Commission Workshop meeting) and stated there were two offers; Marcus & Millichap for $1.7 million and Kanner & Pintaluga for $2 million and the balance on the line of credit was $2,479,000 and believes the Commission turned it down because they wanted to recoup the money. Mrs. Gray commented about the public funds that are actually given to the Creative City Collaborative (CCC) or Arts Garage and asked where they would get the funding if the City were to pull the $300,000 and how long does the CRA plan to supplement them. Diane Colonna, Executive Director of the Community Redevelopment Agency (CRA), stated there is a process that all the non - profits go through to evaluate whether or not what they are doing is consistent with the CRA's mission. Ms. Colonna stated in the CRA's Plan they have arts initiatives for economic development and was a Plan that was adopted by the CRA Board and adopted by the City Commission. She stated the CRA believes that everything that they are finding is consistent with those obj ectives. Mrs. Gray supports the arts and reiterated her concerns about the funding. She stated she is also in support of jobs and supports Kanner & Pintagula having the Puppetry space and the Arts Garage remaining where they are now. The City Attorney stated there is nothing in the agreement that requires them to actually move into the space. He stated the City wanted to try and put something in the agreement and staff could not negotiate that. The City Attorney clarified that on the Schmier & Feurring Properties, Inc. offer the Puppetry Center portion could be flipped; the City has language in the agreement on the current location of the Arts Garage that it does appear to be a ten year commitment. 18 04/16/13 Mrs. Gray stated someone from the public mentioned that there was office space that is available. The City Attorney confirmed that space has been leased to the Chamber of Commerce. Mrs. Petrolia expressed concern over what the space does for our city and the importance of what it brings to the city. She believes that if that space transitioned into something else we would lose a greater amount than we ever would have had in selling this space. Mrs. Petrolia suggested that the City stay in control of that space and stated there are other spots available. She stated she received information that there is a call center up the road that might be a great space for this law firm to look at. Mrs. Petrolia stated the City still has this space as an asset to sell if for some reason this did not go down the right path. Mrs. Petrolia suggested that the best situation is to allow the City to offer the 100% of the space to the party that is currently in it. Mr. Frankel asked residents in the audience by a show of hands how many of them were in fear of losing this space and stated he is disappointed in the campaign of fear that the Arts Garage put out. In his opinion, Mr. Frankel stated this is not an issue of making the Arts Garage move; it is how the City can accommodate both. He stated their position is they offered to go to West Atlantic Avenue near the Courthouse and they were pushed away. Ms. Colonna stated per State Statute when the CRA sells property they have to issue a Request for Proposal (RFP) and evaluate the proposals that come in and everything is analyzed by consultants with regard to what kind of economic impacts the use will have, etc. Ms. Colonna stated the CRA does not close or sell their property until the buyer has building permits. She stated the community is so involved in what they want to see in this area of West Atlantic Avenue (i.e. charettes, plans, visioning exercises, a real desire for community based uses). Ms. Colonna stated office could be one of those uses; however, more neighborhood retail has been what is desired. She stated the CRA does not want to sell property before they are going to know that they are going to use it for what they say they are going to use it for. Ms. Colonna stated it takes months to review the proposals that come in and vet them and time to negotiate the purchase, and time for them to go through the process (i.e. site plan review, building permits, etc.) and then they close on the property. Ms. Colonna stated when Kanner & Pintaluga came to see the CRA one of their main concerns was that they had a 1031 exchange issue where they sold a building and they needed to reinvest that money and needed to close in June. Per the CRA's process, Ms. Colonna stated they could meet that timeframe. Mr. Frankel stated he would like to see that the Arts Garage remains as is as well as the City getting their money back which is Option C2 which is Schmier & Feurring Properties, Inc. proposal. Mayor Glickstein briefly spoke about the history of the Old School Square Parking Garage and stated from the land acquisition through the bond offerings, the development of the 2006 Strategic Plan, creation of the Creative City Collaborative (CCC) and numerous public meetings that followed revealed three consistent themes regarding the Old School Square Garage space: (1) that it be used as a public gathering 19 04/16/13 place, (2) that the use generate traffic to and from Pineapple Grove, and (3) that it be used as a Cultural Arts Center. Mayor Glickstein stated in not one instance did he see traditional offices articulated as a stated objective for this space over a span of many years. He stated proposals are appreciated and the City is happy to help them find another location for their law firm. Mayor Glickstein briefly highlighted the statistics of the success of the Arts Garage. Mayor Glickstein there is no urgency to repay the $2.6 million line of credit that would otherwise be repaid by selling the space now. He stated the Arts Garage is a cornerstone of tourism in the community. Mayor Glickstein stated the Arts Garage would like an extension of their lease in a purchase agreement that provides them with certainty and time to complete a capital campaign to purchase the entire space and he supports that approach and $2.5 million contract sales price and a closing date not to exceed 2' /z years from the date of execution. Mayor Glickstein stated the job creation and the economic driver of an arts and cultural organization in that space far surpasses anything remotely that they could expect from a law firm and feels it would be a tragedy to sell that space to any commercial user. Mayor Glickstein asked Ms. Colonna to explain the support that the CRA provides for Old School Square, the Library, or Spady Museum. Ms. Colonna stated in the low $300,000 range and the CRA's funding represented about 30% of the Arts Garage's overall revenues (i.e. ticket sales, donations, and received the Knight Arts Center grant). Ms. Colonna stated the City gave a lot of support to Old School Square and the CRA stepped in when the property tax revenues were creating issues for the City. She stated Spady Museum receives about $95,000 a year from the CRA and Old School Square is an anchor for the downtown area. Ms. Colonna stated there have been very positive impacts from it all. She stated the funding that the CRA gives the Delray Beach Library enables them to stay open on Sundays during various parts of the year. Mr. Frankel asked Alyona Ushe to briefly explain their budget. Ms. Ushe stated they opened their doors in April 2011 and they were receiving 75% of their funding which was $250,000 from the CRA so the Arts Garage was only able to raise about 25 %. She stated this year the Arts Garage budget is projected to be $1.2 million and 75% is coming from the Arts Garage and the CCC not the CRA. Ms. Ushe stated the Arts Garage is doing an extensive amount of work in terms of fundraising. She stated any non - profit organization that is successful relies to some extent on individual support, foundations, corporations, and government funding (i.e. Federal, State, County, and local). Ms. Ushe stated the Arts Garage has approximately $45,000 in the bank right now and at the end of this fiscal year their revenue excluding the CRA portion is going to be over $700,000. Mayor Glickstein stated in terms of the line of credit it is important to note that we are cash positive because of the lease; the interest rate is very low primarily because it is associated with tax exempt bonds and to sell to a true third party does not make sense because we are now in an improving economy. Mayor Glickstein reiterated that with the new addition of the offer from the Arts Garage he would like to see the City structure a deal with the Arts Garage. Mayor Glickstein stated he is not supporting a five (5) year period for the Arts Garage to raise the money. Mayor Glickstein stated for whatever reason if something did not come together with the Arts Garage the City owns 20 04/16/13 and controls the asset in an improving economy, and there may be other capital events to allow the City pay off that line of credit, and the City is no longer capped at selling it at what we are talking about now. Mrs. Petrolia stated this is a valuable piece of land and she concurs 100% with Mayor Glickstein's comments. Mrs. Gray asked when the City has to pay back the line of credit. The City Attorney stated there is no timeframe when the City has to pay the line of credit back; the current interest that the City is paying on the taxable line of credit is due in June and the City will go back out to renew that and that is when the interest rate will go back up to 3 or 4% (approximately $60,000/$70,000). The City Attorney stated the City is currently paying approximately $25,000/$26,000 a year on the interest on the $2.6 million taxable line of credit (1 %). Brief discussion between Commissioner Gray and Ms. Kennemer followed Mrs. Petrolia moved to deny Resolution No. 08 -13, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion to DENY Resolution No. 08 -13 was passed with a 4 to 0 vote. Mrs. Petrolia moved to deny Resolution No. 09 -13, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Frankel — No. Said motion to DENY Resolution No. 09 -13 was passed with a 3 to 1 vote, Commissioner Frankel dissenting. Mrs. Petrolia moved to deny Resolution No. 24 -13, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion to DENY Resolution No. 24 -13 was passed with a 4 to 0 vote. Mrs. Gray asked if the Puppetry Center moves out and another tenant moves into that space who receives the revenue from those dollars. The City Attorney stated the CRA would receive those dollars because the current lease is with the CRA until January 2015. The City Attorney pointed out that the City had a survey done and square footage is 5,300 not 4,600. Mrs. Petrolia stated if the Arts Garage takes over the space in 2'/2 years and decides to flip the property and that the City have some mechanism in the contract in place such as a "first right of refusal" at the $2.5 million. After brief discussion, it was the consensus of the Commission to direct staff to proceed forward to develop a contract with the Arts Garage and allow 2' /z years from the execution date of the contract for $2.5 million; and, that the City works with the 21 04/16/13 CRA on extending the lease to cover the 2' /z year timeframe. 12. FIRST READINGS: A. None 10. REGULAR AGENDA: 10.A.A. SPECIAL EVENT REQUEST /2ND ANNUAL WINE AND SEAFOOD FESTIVAL: Approve a special event request for the 2nd Annual Wine and Seafood Festival, sponsored by Greater Delray Beach Chamber of Commerce proposed to be held on November 9, 2013 from 11:00 a.m. to 10:00 p.m., and November 10, 2013 from 11:00 a.m. to 8:00 p.m.; grant a temporary use permit per LDR Section 2.4.6(F) for closure and use of Atlantic Avenue from the west side of Bronson to the east side of the Intracoastal from 4:00 p.m., Friday, November 8, 2013 through approximately 10:00 p.m. Sunday, November 10, 2013; and authorize staff support as outlined in the staff report; contingent upon the conditions of approval listed in the staff report. The event producer is required to pay 100% of all City costs, plus the administrative fee. Robert A. Barcinski, Assistant City Manager, stated late this afternoon he received a modified closure request from the event manager. Mr. Barcinski stated the event sponsor is now looking for a small portion of one of the side streets. Nancy Stewart - Franczak, Event Sponsor, stated originally she originally requested if they could start set -up starting at 4:00 p.m. on Friday and there is one area where they are asking that they still have the opportunity to set -up on Gleason Street south of Atlantic Avenue where they set up their wine and food tent. She stated they are going to be doing actual cooking and they have to set up kitchens much like what they do for the Garlic Fest and there is more work involved. Brief discussion by the Commission followed. Mr. Frankel stated the City is receiving numerous complaints from the merchants about closing Atlantic Avenue and this event is just before season. Mr. Frankel stated he would like to know from the BPOA and the merchants if they support this event. Mayor Glickstein concurred with Commissioner Frankel. Mr. Frankel moved to approve the Special Event Request for the 2" d Annual Wine and Seafood Festival subject to the conditions listed in staff's memo and the only exception to the 2:00 a.m. is Gleason Street on the east side south of Atlantic Avenue on Friday, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 0 vote. 22 04/16/13 10.A. RESOLUTION NO. 23-13/BEACH RENOURISHMENT PROJECT /FEDERAL HIGHWAY BEAUTIFICATION PROJECT: Consider approval of Resolution No. 23 -13; authorizing the issuance of a bond up to $22,250,000.00 in Delray Beach Bond Anticipation Revenue Improvement Notes, Series 2013, for the purpose of financing all or a portion of a Beach Renourishment Project and a portion of a Federal Highway Beautification Project. The caption of Resolution No. 23 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $22,250,000 IN AGGREGATE PRINCIPAL AMOUNT OF BOND ANTICIPATION REVENUE IMPROVEMENT NOTES, SERIES 2013, OF THE CITY OF DELRAY BEACH, FLORIDA FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF A BEACH RENOURISHMENT PROJECT FOR AN ESTIMATED PROJECT COST OF NOT TO EXCEED $9,500,000 AND A PORTION OF A FEDERAL HIGHWAY BEAUTIFICATION PROJECT FOR AN ESTIMATED PROJECT COST OF NOT TO EXCEED $12,750,000, INCLUDING FOR BOTH PROJECTS ALL INCIDENTAL AND NECESSARY COSTS RELATING THERETO; DETERMINING THE NEED FOR A NEGOTIATED SALE OF SUCH NOTES TO TD BANK, N.A. (THE "BANK "); PROVIDING FOR THE TERMS AND PAYMENT OF SAID BOND ANTICIPATION REVENUE IMPROVEMENT NOTES, SERIES 2013, AND THE RIGHTS, REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SAID BOND ANTICIPATION REVENUE IMPROVEMENT NOTES, SERIES 2013; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF A CLOSED -END LINE OF CREDIT AGREEMENT AND A NOTE PURCHASE AGREEMENT BOTH WITH THE BANK; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF SAID BOND ANTICIPATION REVENUE IMPROVEMENT NOTES, SERIES 2013; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 23 -13 is on file in the City Clerk's office.) Rebecca S. O'Connor, Treasurer, stated this is a request for Commission approval of Resolution No. 23 -13 authorizing the issuance of up to $22,250,000 in Delray Beach Bond Anticipation Revenue Improvement Notes. Mrs. O'Connor stated these notes which are in the form of a line of credit will be issued for the purpose of providing 23 04/16/13 for interim financing for the Beach Renourishment Project in the amount of $9,500,000 and in -part the North Federal Highway Beautification Project $12,750,000. She stated this resolution authorizes the sale of these notes to TD Bank and the terms include a variable interest rate based on 75% of the 30 day LIBOR plus 64 basis points a term of three (3) years and no penalty of pre - payment. The current rate is .7932 %. On February 28, 2013, the Finance Department sent out an RFP for the financing. On March 22, 2013, Finance received six (6) bids and an analysis was made and TD Bank came in with the lowest cost. Mrs. O'Connor stated TD Bank came in with the lowest cost of approximately $260,000 as well as the best terms. The cost is based on an estimated payback from federal, state and local grants as well as a three (3) year term. Mayor Glickstein inquired about the June 16, 2013 maturity date. Mrs. O'Connor stated the City will have the option to opt for a 10 -year note and is an option to convert at the end of the three (3) years. Mayor Glickstein asked if any unreimbursed balance would be rolled over to a General Obligation Bond. Mrs. O'Connor stated it would more than likely be the same source of collateral; however, the way the resolution is written the City can ask for the option but the bank can turn the City down. She stated it was not bid that way; the bank offered it that way so in three (3) years most likely the City will go out for a competitive bid. Mayor Glickstein stated he believes there is a misunderstanding based on some earlier public comments as to exactly what we are doing here; of the $14,000,000 in terms of this short-term borrowing the only part that the City is coming out -of- pocket for is about $1,757,000, the Citi Bank financing and the contingency are the only two line items that the City is not getting reimbursed out of the entire $14,000,000. He stated of the total line of $22,500,000 it is City funding of approximately $4,000,0000; of the $22,500,000 $3.1 is what the City is coming out of pocket. Mayor Glickstein commented about the borrowing capability and asked if this would spread the debt service over a 20 year period. Mrs. O'Connor stated the debt service will most likely be spread over a 10- 15 year period. Brief discussion between Mayor Glickstein and Mrs. O'Connor continued. Mrs. Petrolia asked Mrs. O'Connor to explain the dollar amount. Mrs. O'Connor stated the City will have to borrow $5.5 million on the Federal Highway Beautification Project of which the Community Redevelopment Agency (CRA) will pay $3.6 million. Mrs. O'Connor stated on the Beach Renourishment side that will also be $5.5 million; however, the City may receive the $4 million from the Corp of Engineer. Mrs. Petrolia asked for clarification regarding fund 448 and 442. Mrs. O'Connor stated Fund 448 is the City's Stormwater Fund and 442 is the City's Water and Sewer Renewal and Replacement Fund and parts of the project will incorporate stormwater and water and sewer type projects. Mrs. Petrolia asked if there is any benefit in keeping these two funds together. Mrs. O'Connor stated the rate is the same but it is less cost in issuance costs. Mrs. Petrolia asked if this would impact the City in a negative way. Mrs. O'Connor stated this is being done for the efficiency of cost. Mrs. Petrolia asked if there is anything in the budget so that the City does not have to go out and look for money. Mrs. 24 04/16/13 O'Connor stated during the budget process the project was turned down and with the way the debt service is currently the City would be able to place that debt relative to that project without impacting the total General Fund. Mrs. Petrolia stated this is something the City may want to consider because it is something that has to be revisited often. Mrs. O'Connor stated the City does this project every ten (10) years. Mrs. Gray asked if the City has all the dollars needed for the Federal Highway Project and is most of this covered by the grant dollars. Mrs. O'Connor stated the City's piece is $1.8 million as well as another $1.2 in other funding sources (Fund 448 and 442); the remaining is funded by Federal, State, and the CRA. Mr. Frankel asked if the money being borrowed is only going to be used for the Beach Renourishment Project and the Federal Highway Project. Mrs. O'Connor stated the City has upfront costs and once the City receives all the grant funding then whatever is left the City will convert to long -term financing. For the benefit of the public, Mr. Frankel stated the money that the City will hopefully get from the State, the Federal Government and the CRA will be used to pay this off. Mr. Frankel moved to approve Resolution No. 23 -13, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 0 vote. 10.B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ( SPRAB) DECISION: ENTERPRISE RENT -A -CAR: Consider an appeal of the Site Plan Review and Appearance Board ( SPRAB) decision to deny a flat wall sign with corporate colors for Enterprise Rent -A -Car, located at 14832 South Military Trail. (Quasi- Judicial Hearing) Mayor Glickstein asked the Commission to disclose their ex parte communications. Mayor Glickstein stated he received email from an Enterprise representative but he did not communicate back. Mrs. Petrolia and Mr. Frankel received an email. Mrs. Gray stated she did not see the email. Lula Butler, Director of Community Improvement, entered the project file into the record. Lula Butler, Director of Community Improvement, stated this item is a review of an appeal of the decision by the Site Plan Review and Appearance Board ( SPRAB) to deny a flat wall sign with corporate colors for Enterprise Rent -a -Car located at 14832 S. Military Trail (southeast shopping center at Military Trail and Atlantic Avenue). On September 12, 2012, the applicant went to the Site Plan Review and Appearance Board ( SPRAB) and they wanted to do an amendment to the Master Plan for this particular sign and the current Master Plan requires that all non - anchor tenants have a specific red channel letters. Mrs. Butler stated SPRAB had six (6) members there and they could not come to a consensus and tabled the meeting. However, the Board gave direction that he needed to submit a full amendment to the Master Sign Program. Mrs. 25 04/16/13 Butler stated the applicant came back on November 28, 2013 and offered a different amendment request to allow for the use of corporate colors on any sign that came in. She stated the Board expressed concern that the applicant was trying to piecemeal his request and not presenting a full amendment to the Master Sign Program. The applicant came back to the Board on February 13, 2013 and resubmitted what he submitted on September 12, 2013 and the Board denied the whole request by a 7 to 0 vote. Mrs. Butler stated the applicant is asking that he be allowed to use his green and white corporate colors and staff recommends that the Commission uphold SPRAB's decision based on their vote to allow for him to deny the sign. Jake Korthals, 231 N.E. 16th Street, Regional Operations Supervisor for Enterprise Rent -A -Car (applicant), stated the Board only had six (6) members and it was tied with a 3 to 3 vote and it was tabled to be discussed at another meeting after some clarification because at the next meeting Mrs. Butler was going to go over the sign approval process. Therefore, they wanted to wait until they had an odd numbered Board and they wanted to listen to Mrs. Butler's discussion about the sign approval process. Mr. Korthals stated in- between then and the second meeting they went back and forth with staff a few times and it was determined that the best course of action would be to then change the entire Master Sign Program for the plaza. He stated he was acting as the owner's agent and at that meeting SPRAB brought forth their idea that he needs to address the entire plan. Mr. Korthals stated there is only a size restriction on the logo not on a trademark. Jim Knight, 10 S.E. 1St Avenue, Delray Beach, FL (member of SPRAB ), stated he is pro - development and is one of the people that voted in favor of it on a 3 to 3 vote. Mr. Knight stated the language in the code states that the landlord has a right to change the sign code and commented that all signs have to come either through staff or through the Site Plan Review and Appearance Board ( SPRAB). He stated he concurs with staff's comments and feels that staff needs to look at the Master Sign Program with regard to the large shopping centers, etc. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, stated if the Commission allows one person to slip out of the pattern of the signage they are opening up a can of worms. Mrs. Finst stated the shopping center looks neat, clean and orderly and you are allowed to have a corporate sign in the window. Michael Grosh, Senior Property Manager and Representative for the owner, resides in Boynton Beach, stated they have made great improvements to this property and it is consistent. Mr. Grosh clarified that red is the color for the non - national tenants; CVS is red because that is their trademark. He stated everyone else in the shopping center other than Edward Jones Financial are not regionals; they are all very red and match the exact color. Mr. Grosh stated they are not asking carte blanche privileges for every other tenant but they only want the regional tenants which it states in the criteria. 26 04/16/13 There being no one else from the public who wished to address the Commission, the public hearing was closed. For clarification, Mrs. Butler stated when you do a Master Sign Program whatever the Board establishes it does not matter what is in the document that the owner presented because from the minutes of SPRAB staff captures what the Board actually approved that qualifies it as a Master Sign Program and what the parameters are. Mrs. Butler stated if the Commission is concerned about setting a precedent it is a simple for the owner(s) to come back to the City and suggest what they would like to see changed about the Master Sign Plan. Mr. Korthals stated the language "the landlord may relax or enforce" and noted that is put in to allow other tenants; it is not asking them to change it to re -write the entire sign code. He stated as long as the sign is allowed by all the other aspects of the code he can enforce or relax the restrictions set forth in the Master Sign criteria and trademarks or logos are permitted. Mr. Korthals stated the only restriction on the logo not on a trademark. Mr. Korthals stated he is asking for the rules of the LDRs and according to the statement in the LDRs he should be able to have his trademark as his flat panel sign. He stated suggested that the City send the message that they welcome national businesses into the City not just local. Mayor Glickstein asked what the problem is with amending the Master Program to accommodate the tenant. Mr. Grosh explained that they did this in 2006 with the approval of the City and now that the document is not acceptable to the City they want them to review it again and revise it. Mr. Grosh stated now that the City does not like it they have to do new criteria. Mrs. Butler stated the Master Sign Program that they presented that got approved allowed for the use of logos; however, all the other part of the sign had to be red. Mrs. Butler stated the Master Sign Program was submitted by the owner in 2006 the City did not do. Mayor Glickstein asked if the applicant is using that approval to apply for this sign. Mrs. Butler stated when Enterprise came in they found they could use their green logo but not use their white lettering and that is what he is appealing. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to approve the Board Order denying the appeal (upholding SPRAB's decision), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion to DENY the appeal was passed with a 4 to 0 vote. 27 04/16/13 10.C. PROPOSAL FOR SETTLEMENT IN ELIZABETH BROWN/ BARRETTE BROWN v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the total amount of $225,000.00 in Elizabeth Brown /Barrette Brown v. City of Delray Beach. Staff recommends denial. The City Attorney stated this is a trip and fall case that is currently in litigation and the Plaintiff has approximately $55,000 in medical expenses and claiming $8,000 in lost wages that they are alleging was a result of a trip and fall on the brick paver sidewalks down from the Snappy Turtle on the south side of Atlantic Avenue. Staff recommends denial of the proposal for settlement in the amount of $225,000. Mr. Frankel moved to deny the Proposal for Settlement in the amount of $225,000, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Frankel — Yes. Said motion passed with a 4 to 0 vote. 10.D. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one (1) regular member to the Public Art Advisory Board to serve an unexpired term plus a two (2) year term ending July 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). Due to his absence, Mr. Jacquet's appointment will be deferred to the next regular meeting of May 7, 2013. 10.E. APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to serve a two year term ending April 22, 2015 to the Police & Firefighters Retirement System Board of Trustees. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). Due to his absence, Mr. Jacquet's appointment will be deferred to the next regular meeting of May 7, 2013. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 13.A. City Manager The City Manager informed the Commission that there is currently a suspicious package concern at the County Courthouse parking garage and is being responded to by the Police Department and County Bomb squad. Secondly, the City Manager stated he would like to defer his comment about the Police Department until the next regular meeting when Dr. Kirson is present. 28 04/16/13 13.B. City Attorney The City Attorney stated on the sober house legislation which will hopefully pass the House and Senate, he stated the House and Senate will ask DCF to come up with a plan, talk about funding and get comments from DCF based on the City's proposed legislation whether it involves licensing or registering of sober house homes and they want that by October 1, 2013. The City Attorney stated staff hopes by going through this process that there will be a favorable outcome for next year's legislative session. 13.C. City Commission 13.C.1. Mrs. Petrolia Mrs. Petrolia stated it was a great Goal Setting Session yesterday. Secondly, Mrs. Petrolia stated the issue with the trees in the Hamlet is worthy of looking into. She stated she is glad that Commissioner Frankel commented on the festivals /events and she feels that this will be great to address at a Workshop meeting. Lastly, she commented about the audio in the Chambers and asked if this can be checked. 13.C.2. Mrs. Gray Mrs. Gray asked for an update on the beach pavilion. Secondly, Mrs. Gray asked for an update on the Grade Level Reading and suggested that Lula Butler and Janet Meeks be present at a Workshop meeting. The City Attorney stated he attended a meeting last week and the bid will be going out for the construction of the beach pavilion. Victor Majtenyi, Interim Director of Environmental Services, stated this is going to be advertised Sunday, April 21, 2013 and will be a 30 day advertisement. on the USTA. Mrs. Gray thanked Bob, Roseanne, Chris Bean and everyone who worked Lastly, Mrs. Gray reminded everyone to get their FED Cup tickets. 29 04/16/13 B.C.3. Mr. Frankel Mr. Frankel stated with regard to the Workshop meeting the Commission held last week, there was a lot of positive feedback from people who had the ability to watch at home. Secondly, Mr. Frankel stated it was brought to his attention although it has not been a problem in a year there has been four instances of the 911 dispatchers falling asleep at the job. 13.C.4. Mayor Glickstein Mayor Glickstein stated in terms of presentation times and the like he asked how we are going to go about implementing that in our own procedure timing wise as well as educating the public that the rules have changed in particular engineers, lawyers and architects that are making presentations. He stated it would not be fair for them to prepare for a 20 minute presentation and be told it is only 10. The City Attorney stated staff can bring it back to the Commission and noted this is in the Quasi - Judicial rules not in the rules of procedure. Mayor Glickstein asked when the implementation date is. The City Attorney stated if the Commission wishes he can bring it forward at the next meeting when they adopt it under the Consent Agenda and if the Commission desires it can be effective right then. The City Attorney stated staff would have to get word out that if there are any Quasi - Judicial Hearings coming up at that particular meeting staff can notify them in advance that their timeframe is 10 minutes not 20 minutes. The City Manager stated a meeting format change will take approximately three (3) weeks because it requires that staff go back to its vendor to change the computer format. The City Manager also commented about the 3- minute timer and stated he requested that it be present at three places: (1) the Mayor's spot, (2) the City Clerk's space, and (3) somewhere else on the dais. The City Manager stated the City Clerk is aware of a few systems that exist that give people prior warning when their 3 minutes is about to expire. Mayor Glickstein stated with regard to comments expressed by Commissioner Frankel regarding the Federal Lobbyist the Commissioner cut that off too soon because the context of how they were talking about it was in a much broader role of a Federal Lobbyist. Mayor Glickstein stated he would like staff to go out with a very tight specific whatever it is for an RFP for a Federal Lobbyist just for this issue. He stated it gives this Commission the ability to say "yes" or "no" to something specific. Mayor Glickstein stated the Commission needs to demonstrate to the taxpayers that the City is doing everything that is feasible. 30 04/16/13 The City Attorney stated changing the ADA is probably not going to happen; however, HUD administers the Fair Housing Laws and there could be things in that administration the way they currently view certain things. The City Manager reminded the Mayor that according to his prior discussion he would like the City Attorney to go out for an RFP. Mayor Glickstein suggested that the Police Chief address the Commission or that the City Manager looks into this issue and report back to the Commission. Mayor Glickstein stated with regard to Commissioner Gray's comment about the Grade Level Reading Janet Meeks, Education Coordinator will speak at the next Workshop meeting. He commented about the parking issue in the Historic District and suggested that this be a Workshop item and stated he would like the Police Chief to be part of that discussion. Mayor Glickstein asked the City Manager to look into the Hamlet issues. He commented about the LDR issue and how we can get it under control. Lastly, Mayor Glickstein concurs with Commissioner Petrolia's comments regarding the Goal Setting Session and noted he spoke to Lyle Sumek and the City Attorney that based on their experience with prior Commissions that was one of the more productive meetings they ever had. There being no further business, Mayor Glickstein declared the meeting adjourned at 10:29 p.m. ATTEST: MAYOR City Clerk 31 04/16/13 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 April 16, 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. 32 04/16/13 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the Site Plan Review and Appearance Board's denial of a request to amend the Master Sign Program at Bed Bath & Beyond Plaza located at 14832 S. Military Trail came before the City Commission on April 16, 2013. 2. The Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the Site Plan Review and Appearance Board's denial of the request to amend the Master Sign Program associated with Bed Bath & Beyond Plaza. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsection I. I. LDR REQUIREMENTS A. Pursuant to LDR Section 4.6.7(F)(2)(b), "Master Sign Program ", 1. Master Sign Program: A Master Sign Program shall be approved by the Site Plan Review and Appearance Board or if the project is in a historic district or historically designated site, by the Historic Preservation Board. After approval of a Master Sign Program, individual signs consistent therewith shall be administratively approved. The applicant appeared before SPRAB, requesting an amendment to the approved Master Sign Program for the Plaza (attached hereto as Exhibit "A "), on February 13, 2013 not acting as an agent for the plaza and proposed a sign with a height of 2'1 '/4 ", length of 10' 3 ", and total square footage of 21'6 ". While the size of the sign is allowed by code, the applicant's proposed corporate colors green, black and white do not meet the approved Master Sign color of red. The "E" in the proposed sign for the word "Enterprise" is green with the balance of the letters being white with black returns. SPRAB voted to deny this sign by a vote of 7 -0. It is now before you on appeal. Is the Applicant's proposal consistent with the approved Master Sign Program for the Bed Bath & Beyond Plaza? Yes No ✓ City Commission Meeting on April 16, 2013; Item 1 0.B. 3. The City Commission has applied the LDR requirements in existence at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies ✓ the appeal and hereby adopts this Order this 16th day of April, 2013, by a vote of 4 in favor and 0 1 oppose( ATTEST: J - a� Chevelle Nubin City Clerk 2 City Commission Meeting on April 16, 2013; Item 1 0.B. MEMORANDUM TO: Mayor and City Commissioners FROM: Captain Curtis Jepsen, Fire Department Public Information Officer THROUGH: Danielle Connor, Fire Chief DATE: May 17, 2013 SUBJECT: AGENDA ITEM 5.A. - REGULAR COMMISSION MEETING OF MAY 21, 2013 LIFE SAVING AWARD PRESENTATION ITEM BEFORE COMMISSION Life Saving Award Presentation recognizing Jude Diaz and Rachel Diaz BACKGROUND In honor of EMS week Delray Beach Fire - Rescue will be honoring two first responders for their efforts on a call on April 12th. Jude and Rachel Diaz demonstrated exceptional effort and went truly above and beyond in their efforts on a critical call on I -95. The Diaz family witnessed a motor vehicle drive off the road and come to a stop against a fence hundreds of feet from the roadway. The family stopped to render aid and ended up performing CPR as well as assisting DBFR crews in the treatment and movement of the patient to the transport Medic Unit. Their actions on this call were truly amazing and improved the quality of care for the patient. For their efforts, both Jude and Rachel Diaz will be given the Life Saving Award from Delray Beach Fire - Rescue. This award is the highest award possible for a civilian from Delray Beach Fire- Rescue. DBFR would like to invite all media to cover this event, showing the importance of first responders in the EMS Chain of Survival. MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: May 13, 2013 SUBJECT: AGENDA ITEM 5.B. - REGULAR COMMISSION MEETING OF MAY 21, 2013 DELRAY MEDICAL CENTER RECOGNITION ITEM BEFORE COMMISSION This item is before Commission recognizing and commending Delray Medical Center for being designated as a Level 1 Trauma Center by the State of Florida. 'DELRAY Medical Center For Immediate Release CONTACT: Ryan Lieber PR Manager 561- 386 -0721 ryan.lieberktenethealth. com Delray Medical Center Named Level I Trauma Center by the State of Florida Delray Beach, FL. (Dec. 2012) — Following the completion of the last phase of the state's Level I Trauma Center approval process, Delray Medical Center will begin operating as a Level 1 Trauma Center on January 1, 2013. This is the highest level trauma service designated by the Florida Department of Health and elevates Delray Medical Center to a select group of trauma research centers in the state. "Delray Medical Center is dedicated to ensuring its trauma services meet the highest standard of care," said Chief Executive Officer, Mark Bryan. "This designation represents the culmination of our efforts and our commitment by the skilled team of physicians and staff at Delray Medical Center. We are proud to provide the community with the highest level of trauma care in Palm Beach County." Delray Medical Center is one of 22 verified trauma centers in Florida, and will be one of only four Level 1 Trauma Centers in South Florida. Under circumstances when transfer time is critical to trauma patients due to the life threatening nature of the injuries, Delray Medical Center is now the Level 1 Trauma Center most readily accessible to the residents of Palm Beach County. After years of experience as a Level II Trauma Center, the Level 1 Trauma Center status reflects that Delray Medical Center meets strict additional requirements, which includes pediatric trauma patient care services that are separate and distinct from adult trauma patient care services, adult and pediatric trauma intensive care units, and cardiac surgery. In addition, one of the major responsibilities Delray Medical Center has as a Level 1 trauma center is to continually expand the body of knowledge in the field of trauma through clinical and basic research programs, apply this new knowledge to the treatment of the injured patient, and disseminate the knowledge throughout the medical community. Delray Medical Center is committed to serve as a leader and resource to Level II trauma centers, pediatric trauma referral - centers and general hospitals by providing trauma care outreach, education and quality- improvement initiatives. For the past six years, Delray Medical Center has been ranked one of Healthgrades America's 50 Best Hospitals, as well as being a recipient of the Healthgrades Critical Care Excellence Award for the past two years. Delray Medical Center was also named one of Healthgrades 100 Best Hospitals for General Surgery for two consecutive years. About Delray Medical Center For over 30 years, Delray Medical Center, a 493 -bed acute care hospital, has served the communities of South Palm Beach County. As both a community hospital and Provisional Level I Trauma Center located on a 42 -acre medical plaza, Delray Medical Center has the ability to offer several specialized services including cardiac care, orthopedics, rehabilitation, neurosciences, emergency care and more. For the past six years, Delray Medical Center has been named one of America's 50 Best Hospitals ( Healthgrades), as well as a state designated Comprehensive Stroke Center and Primary Stroke Center by the Joint Commission. Delray Medical Center has also been acknowledged as a United Healthcare Center of Excellence for Orthopaedic, Cardiac and Spine services; a UnitedHealth Premium Specialty Center for Total Joint Replacement, Surgical Spine, Cardiac Surgery, Cardiac Rhythm Management and Interventional Cardiac care; and a Blue Distinction Center for Spine Surgery, Hip and Knee Replacement, and Cardiac Care by Blue Cross and Blue Shield. In addition, the hospital earned the Get With the Guidelines - Heart Failure Gold Plus Achievement Award and the Get With the Guidelines Stroke Gold Plus Award from the American Heart Association. Pinecrest Rehabilitation and Outpatient Hospital at Delray Medical Center has received 3 -year accreditation status as a Comprehensive Integrated Inpatient Rehabilitation Program from CARF International. Delray Medical Center is one of only 269 hospitals ranked in the top 5% in the nation for patient outcomes according to a study by Healthgrades, a leading independent healthcare ratings organization, achieving the Healthgrades Distinguished Hospital for Clinical Excellence AwardTM. The hospital is one of just 13 hospitals in South Florida, and just one of five in Palm Beach County that received the recognition for its clinical performance. Delray Medical Center was also named one of the nation's 100 Top Hospitals® by Thomson Reuters in 2012. In addition, the hospital was one of only 12 hospitals nationwide to earn the Everest Award for achieving both the highest current performance and the fastest long -term improvement over five years. In 2012, Delray Medical Center was named one of the nation's Top Performers on Key Quality Measures by The Joint Commission for the second year in a row. MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: May 14, 2013 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF MAY 21, 2013 FINAL SUBDIVISION PLAT APPROVAL /GULFSTREAM VILLAS AT HERITAGE LANDINGS ITEM BEFORE COMMISSION The item before the City Commission is the certification of the final plat for a 15 -unit townhouse development being platted as Gulfstream Villas at Heritage Landings. The 1.312 acre subject property is located on the west side of Webb Avenue, south of Gulf Stream Boulevard. BACKGROUND At its meeting of September 28, 2005 the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan, landscape plan, and architectural elevations associated with the construction of a 14 fee - simple townhouse units on this site. On March 21, 2006, the City Commission approved the plat for Gulf Stream Villas, and the plat was recorded on April 6, 2006 in Plat Book 107 Pages 117 -118 of the Public Records of Palm Beach County. The project was never built, but the 16 multifamily units that were built in 1982 and previously occupied the site were demolished on November 12, 2007. Since that time, the property has remained vacant. The site is zoned RM (Multiple Family Residential — Medium Density). On March 20, 2013, the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan and Architectural Elevations to construct fifteen (15) fee - simple townhouse units in three (3) two -story buildings. The proposed plat, which is required to implement the approved site plan, is a replat of the original plat for Gulf Stream Villas. The replat will subdivide the subject property into (15) townhouse lots and two tracts (Tracts B -1 and B -2). These tracts, which provide common open space and additional guest parking for the development, will be dedicated to the Homeowner's Association. The plat includes a 14.5' general utility easement along the west side of the development and a 5' general utility easement along the east side of the development (adjacent to Webb Avenue). A 5' sidewalk easement is located along Gulf Stream Boulevard. Two (2) 12' x 42' drainage easements have been provided on Tracts B -1 and B -2 to accommodate exfiltration systems under the guest parking lots. As requested by FPL, two additional 10' wide General Utility easements have been indicated on the plat. Plat Anal, City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. As shown in the attached Planning and Zoning Board staff report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. REVIEW BY OTHERS The Planning and Zoning Board reviewed the Plat at its meeting of April 15, 2013, and recommended approval by a vote of 6 to 0. Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizen's Coalition To date, no letters of objection or support for the Plat have been received. Any future letters of support or objection will be presented at the City Commission meeting. RECOMMENDATION Move approval for the Gulfstream Villas at Heritage Landings Plat, by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3. 1.1 (Required Findings) of the Land Development Regulations. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH -- -STAFF REPORT - -- MEETING DATE: April 15, 2013 ITEM: V. A. Gulfstream Villas at Heritage Landings Plat — The Construction of a 15- Unit Town House Development. The property is located on the southwest corner of Gulf Stream Boulevard and Webb Avenue. GENERAL DATA: Applicant ............................... D. R. Horton Homes Agent . ............................... Jeff S. Hodapp, PSM Perimeter Surveying and Mapping, Inc. Location ... ............................... On the southwest corner of Gulfstream Boulevard and Webb Avenue. I Property Size .......................... 1.312 acres I Future Land Use Map ............. TRN (Transitional) Zoning Designation ................. RM (Multiple Family Residential) Adjacent Zoning......... North: Boynton Beach - Planned Unit Development (PUD) East: Mixed Industrial and Commercial (MIC) South: Multiple Family Residential — Medium Density (RM) West: Single Family Residential (R1 -AA) Existing Land Use ................... Vacant site I Proposed Land Use............ Water Service ....................... Townhouse Development Water services will be provided via service lateral connections to the existing 8" water main along Webb Avenue. Sewer Service ........................ Sewer services will be provided via service lateral connections to the existing 8" sanitary sewer main along Webb Avenue. GULF STREAM BOULEVARD Q GULF STREAM DRIVE m m w DECARIE STREET ° LC0 Q W EACREST SOCCER 3 COMPLEX AND HILL TOPPER FIELD z X O TRACK FIELD U O -- �� 4 Z FL N.E. w 22ND STR. Li z N.E. 21ST ST. ITEM BEFORE THE BOARD The item before the Board is that of approval of a preliminary plat and certification of a final plat for a new townhouse development being platted as Gulfstream Villas at Heritage Landings. The subject property is located on the west side of Webb Avenue, south of Gulf Stream Boulevard. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND The 1.312 acre subject property is a replat of the plat for Gulf Stream Villas, as recorded on April 6, 2006 in Plat Book 107 Pages 117 -118 of the Public Records of Palm Beach County. The former 16 multifamily units that were built in 1982 and previously occupied the site were demolished and removed on November 12, 2007. Since that time, the property has remained vacant. The site is zoned RM (Multiple Family Residential — Medium Density). At its meeting of September 28, 2005 the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan, landscape plan, and architectural elevations associated with the construction of a 14 fee - simple townhouse units on this site. That project was never built. On March 20, 2013, the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan and Architectural Elevations to construct fifteen (15) fee - simple townhouse units in three (3) two -story buildings. This replat is required to implement the approved site plan. PLAT DESCRIPTION The replat will subdivide the subject property into (15) townhouse lots and two tracts (Tracts B -1 and B -2). These tracts provide common open space and additional guest parking for the development. The plat includes a 14.5' general utility easement along the west side of the development and a 5' general utility easement along the east side of the development (adjacent to Webb Avenue). A 5' sidewalk easement identified as a "right -of -way easement has been indicated along Gulf Stream Boulevard. This easement should be relabeled as a sidewalk easement and the dedication language modified accordingly. Two (2) 12' x 42' drainage easements have been provided on Tracts B -1 and B -2 to accommodate exfiltration systems under the guest parking lots. PLAT ANALYSIS Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) - Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be P &Z Board Staff Report, Meeting of April 15, 2013: Gulfstream Villas at Heritage Landings Plat Paqe 2 consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of TRN (Transitional) and is zoned Medium Density Residential (RM). Pursuant to LDR Section 4.4.6(B)(3), within the RM zoning district, multiple family structures up to 12 units per acre are allowed as a permitted use, subject to compliance with the performance standards of LDR Section 4.4.6(1), which were discussed previously in the Site Plan Review staff report. As the proposed density is 11.43 units per acre, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (B) — Concurrency: Pursuant t o pursuant to Objective B -2 of the Future Land must be met and a determination made that land use and /or development application will and provide, or to require the provision following areas: Water and Sewer. Section 3.1.1(B) Concurrency as defined Use Element of the Comprehensive Plan the public facility needs of the requested not exceed the ability of the City to fund of, needed capital improvements for the Water and sewer services will be provided via service lateral connections to the existing 8" water and sanitary sewer mains along Webb Avenue r -o -w. Fire protection is proposed to be provided by one fire hydrant located on the northeast corner of Building #3 and one fire hydrant located on the northeast corner of Building #1. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standard. Streets and Traffic: The applicant has not submitted a traffic statement indicating the peak hour trips that will be generated by the development or the impact that the development would have on the Average Daily Trips (ADT). Based upon the Palm Beach County Trip Generation Rates, the new trips generated for the development will be 105 total daily trips (7 trips generated per unit x 15 townhomes = 105 ADT). These trips can be accommodated in the adjacent roadway. Due to the size of the proposed development (15 townhouse units) the 105 average daily trips that will be generated create no concerns with respect to traffic concurrency. However, a condition of approval is being attached that a letter from Palm Beach County Traffic Division indicating that the project meets the traffic performance standards of Palm Beach County shall be provided. Once this condition of approval is addressed, positive findings with respect to this level of service standard can be made. Parks and Recreation Facilities: The proposed 15 residential dwelling units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $7,500 will be required of this development for parks and recreation purposes. Solid Waste: The proposed 15 residential units will generate 7.80 tons of solid waste per year (15 units x 0.52 tons = 7.80 tons). The Solid Waste Authority has indicated that its facilities have sufficient P &Z Board Staff Report, Meeting of April 15, 2013: Gulfstream Villas at Heritage Landings Plat Paqe 3 capacity to handle all development proposals until the year 2046, thus a positive finding with respect to this level of service standard can be made. Drainage: Drainage will be accommodated on site via sheet flow into the open space areas in Tracts B -1 and B -2. Drainage for the guest parking lots is provided via an exfiltration trench system. There should be no impact on drainage as it relates to this level of service standard. Schools: The applicant has not submitted a letter from the School District of Palm Beach County indicating that the project meets School concurrency. Thus, a condition of approval is being attached that a letter from the School District of Palm Beach County indicating that the proposed development meets school concurrency must be provided. Once this condition of approval is addressed, positive findings with respect to this level of service standard can be made. Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and /or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A ", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (D) - Compliance with the Land Development Regulations: • LDR Section 4.3.3(0)(2) (Plat Required): Each townhouse or townhouse type development shall be platted. As the proposed townhouse development will be of fee simple ownership and involves reconfiguration of lot lines, a subdivision plat is required. • LDR Section 4.3.4(K) (Development Standards Matrix): Building height, open space, maximum lot coverage, and minimum floor area for the townhouse units were addressed with approval of the site plan for the project. • LDR Section 4.3.3(0)(3) (Setbacks for Townhouses or Townhouse Type Development) Building setback requirements, pursuant to this section, were addressed with approval of the site plan for the project. • LDR Section 5.3.1(Right -of -Way Dedication): While no additional right -of -way is required, a 5 feet sidewalk easement along Gulf Stream Boulevard will be dedicated by this plat. A complete review of the proposed site plan for compliance with the Land Development Regulations was included as part of the Site Plan Review process. P &Z Board Staff Report, Meeting of April 15, 2013: Gulfstream Villas at Heritage Landings Plat Page 4 Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan was conducted with Site Plan approval and all applicable objectives or policies along with a discussion on how they were addressed is attached as Appendix "C ". TECHNICAL ITEMS Technical comments from the Planning and Zoning and the Environmental Services Departments are attached as Appendix "B ", and must be addressed prior to scheduling of the plat for City Commission. While there are remaining comments, they are minor in nature and will not impact the general plat diagram. REVIEW BY OTHERS Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizen's Coalition Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed plat is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. The plat will require minor technical modifications, as listed in "Appendix "B" - Technical Items" section of this report, before it can advance to the City Commission. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for Gulfstream Villas at Heritage Landings, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately D. Deny the preliminary plat and final plat with basis stated. P &Z Board Staff Report, Meeting of April 15, 2013: Gulfstream Villas at Heritage Landings Plat Page 5 STAFF RECOMMENDATION Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for Gulfstream Villas at Heritage Landings, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: 1. That all comments under the "Technical Items" section (Appendix "B ") of the report be addressed prior to scheduling the plat for City Commission action. Attachments: • Appendix A • Appendix B • Appendix C • Location Map • Reduced Plat P &Z Board Staff Report, Meeting of April 15, 2013: Gulfstream Villas at Heritage Landings Plat Paqe 6 APPENDIX - A STANDARDS FOR PLAT ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent X This standard will be met once the conditions of approval for the site plan have been addressed. B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D -1 and D -2 of the Transportation Element. Not applicable X Meets intent of standard Does not meet intent C. Open space enhancements as described in Policies found under Objective B -1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent P &Z Board Staff Report, Meeting of April 15, 2013: Gulfstream Villas at Heritage Landings Plat Paqe 7 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will neighborhoods. Factors such as noise, odors, dust, patterns shall be reviewed in terms of their potential habitability and stability of residential areas. If it i development will result in a degradation of any neig modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent have on the stability of nearby traffic volumes and circulation to negatively impact the safety, s determined that a proposed hborhood, the project shall be I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable Meets intent of standard X Since the project only contains 15 units, this requirement was waived by SPRAB during the site plan review process. Does not meet intent P &Z Board Staff Report, Meeting of April 15, 2013: Gulfstream Villas at Heritage Landings Plat Paqe 8 APPENDIX - B TECHNICAL COMMENTS The following comments must be addressed prior to scheduling the plat for City Commission: Plat Comments: 1. Change the 5 -foot right -of -way dedication easement on Gulf Stream Boulevard to a sidewalk easement and modify the dedication statement accordingly. 2. A digital copy of plat to be recorded in AutoCAD dwg or dxf format will be required prior to issuance of a permit from the Building Department. 3. Provide per LDR Section 2.4.3 (F)(4), a Composite Utility Plan that shows the location of all existing and proposed utilities (water, sewer, drainage, gas, power, telephone and cable). The Composite Utility Plan needs to be signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services. 4. Correct name of plat in the "City of Delray Beach Approval of Plat" section 5. Provide a letter from Palm Beach County Traffic Division indicating that the project meets the traffic performance standards of Palm Beach County. 6. Provide School Concurrency Application & Service Provider Form signed by the School District of Palm Beach County indicating that the proposed development meets school concurrency. 7. Provide a response letter with a detailed description of how each of these comments has been addressed with next submittal of revised plans. In addition, please ensure a complete set is provided for the City of Delray Beach Engineering Division. P &Z Board Staff Report, Meeting of April 15, 2013: Gulfstream Villas at Heritage Landings Plat Paqe 9 APPENDIX - C COMPREHENSIVE PLAN POLICIES Future Land Use Element Objective A -1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. The property is currently vacant and there are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed multiple - family townhouse development. The Housing Element of the Comprehensive Plan calls for the provision of infill housing as well as the development of property to provide a variety of housing types. This development proposal fulfills these needs. The property is adjacent to a residential zoning district with a lower density located along the west property line. Consequently, the development proposal has increased the required side interior setback and enhanced the landscaping along the property line to the west in order to buffer the existing single family units along this property line. In addition, a 6' high wood shadow box fence will be installed along the west property line. Housing Policy A -11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The adjacent commercial development to the east (Smith Southern Inc.) is zoned MIC (Mixed Industrial and Commercial), which allows warehouse, office, industrial, and commercial development. The adjacent development to the west is zoned R1 -AA (Single Family Residential) and consists of several parcels of land with single family units. To the north is Gulf Stream Boulevard and a City of Boynton Beach residential area zoned PUD (Planned Unit Development). The adjacent property immediately to the south is zoned RM and contains a duplex. The property is adjacent to a residential zoning district with a lower density located along the west property line. Consequently, the development proposal has increased the required side interior setback and enhanced the landscaping along the property line to the west in order to buffer the existing single family. In addition, a 6' high wood shadow box fence will be installed along the west property line. The development will not increase noise, odor, or dust. The applicant has not submitted a traffic statement indicating the peak hour trips that will be generated by the development or the impact that the development would have on the Average Daily Trips (ADT). Based upon the Palm Beach County Trip Generation Rates, the new trips generated for the development will be 105 total daily trips (7 x 15 = 105). These trips can be accommodated in the adjacent roadway. Based upon the above, the proposed development will not negatively impact the stability of the adjacent residential areas. Due to the size of the proposed development (15 townhouse units), staff does not anticipate any major problem with street and traffic concurrency. However, a condition of approval is being attached that a letter from Palm Beach County Traffic Division indicating that the project meets the traffic performance standards of Palm Beach County shall be provided. Thus, this was added as a condition of approval of the site development plan. P &Z Board Staff Report, Meeting of April 15, 2013: Gulfstream Villas at Heritage Landings Plat Paqe 10 Open Space and Recreation Element Policy A -3.1: Tot lots and recreational areas, serving children from toddlers to teens, shall be a feature of all new housing developments as part of design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. The City may require a monetary contribution in -lieu of the provision of on -site facilities where appropriate. The proposed development has only 15 townhouse units. Due to the size of the lot and its configuration, it is not feasible to accommodate a larger range of recreational facilities. Because the proposed development has fewer than 25 units it is reasonable to exempt this development from this standard. 0 Zoe Q =- T r ~ 19 11 M 4M�QJ WL16 �0 Cc o NdW Z �qc 130 o11 ZO �cm0 � C4 Cl LU fa A N IL iE 1-u �OF 3W Qm N LJ6 ZW i Wo=y� � j4 hM.Q Ow �aQvQ �OF _ I* ° �w° CIO, 3sviiai �a v si v�s3„ 8 d. R and aati,- ,o -wNm ,os o z66 aavnainoa wvaais :iino µ�bzo�s - - - - - o o ww=0. �iq d >M- ,a -we�ti sz stud 9ti z« 3 £S tizo69N I � -,NII,l w W OO m I aE901 M.EZbbaBBS _ _ _ _ N L J Q N m m .£P601 .W£ZbbeR85 m O W w�/ w! F ii _ a II U � 61101 .EZ64eeB5 I I m � I -- .� HJ W Q�WI� N M. ZbboBB£ ry I NO o �s-BI d£ P- NOZO V_ _ --------- � ---- o -- -- �Om� �H W I ��1 M�abbe BBS I I WI J 0 wmmM - -- H O O w� AN � t0 J o j.4 co �I I MEZbb,BB£ mlm WI " 3 wW Z Q M W �3 ,Nn — Ada, a e s1 MEHbb 9B5 0 O m %I P O - � � 44 W J w w�O wed �s i?nd Z£6LL M SS bZo685 naaovw • a3a nvm- �o -i�in os J I F o u vi aniaa wvaais acne - - - WQ 0Zy� QJ Q�_— siv,ld s�lz� aesrozo6aN _ M.F °,`bz��es ,denssa cos 3.E5 nd�6'&J $,o -- -- - dZ16 M.�66vaes g0'B9 aM£Zb 01e10.S J Q Ln I L 01 $ 04 M£d66eBB5 Q o � � o N � a moa�m�oaaaaaa� gg I r £61�6I \M.£Zbbe8B5 �� wsz M 91 tz.69S i wea aH vla a 0 Wao�� -LL ma u,ry y� I bZ NaiS� be 11 'd I i tlJ 3b4 d �MdV I GULF STREAM BOULEVARD . w j � Q Z W Q GULF STREAM DRIVE m � m w � Z Q w u o ► E:ZE STREET ° 0 a- _J Q U W LZ EACREST SOCCER S P COMPLEX AND LUOO PRA HILL TOPPER FIELD w P MEN 0L o � S TRA CK FIELD Ne M Q 22ND �qNF VOL w w c� c� 0 0 z z -cl MAROON VOL VO N.E. 22ND STR. Lq z -- GULFSTREAM VILLAS DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1375 — Gulfstream Villas Town Homes . � \ N � SUBJECT PROPERTY TOWN HOMES '�' PLANNING AND ZONING DEPARTMENT � LOCATION MAP lkt- t i r e .a. i ti f MEMORANDUM TO: Mayor and City Commissioners FROM: Candi N. Jefferson, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: Louie Champman, Jr., City Manager DATE: May 14, 2013 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF MAY 21, 2013 REQUEST FOR A SIDEWALK DEFERRAL/ 511 SEAGATE DRIVE ITEM BEFORE COMMISSION The item before the City Commission is the approval of a sidewalk deferral for the property located at 511 Seagate Drive. BACKGROUND The subject property is 0.30 acres and contains an existing single family residence. It lies within the Seagate Overlay District and is located on the east side of Seagate Drive between Bucida Road and Melaleuca Road. The property is zoned Single Family Residential (R -1 -AAA) and the applicant proposes to demolish the existing home and construct a new single family residence. The owner wishes to defer construction of a five foot (5') sidewalk adjacent to the right -of -way. No other sidewalks exist on the east side of Seagate Drive. At its meeting of February, 7, 2013, the Development Services Management Group (DSMG) supported the sidewalk deferral. Pursuant to the agreement, the owner will construct the sidewalk along Seagate Drive at its sole cost and expense at a later date, after being requested to do so by the City. The agreement has been reviewed by the City Attorney and has been approved as to form. RECOMMENDATION Move approval of the agreement to defer construction of the sidewalk along Seagate Drive for the property located at 511 Seagate Drive. Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N. W. 1 st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this �_ day of ` , , 20, between the City of Delray Beach (hereinafter the City) and `H ' M 19 LL (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along L \,� `- juntil such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within theC:' 3 � J\% ri g ht -of -wa y immediatel y abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(13)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. Page I of 3 WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: OT 3 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the . right -of -way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 20 ATTEST: City Clerk Approved as to form and sufficiency: City Attorney Page 2 of 3 CITY OF DELRAY BEACH, FLORIDA Mayor WITNESSES: L (Please type or print name) STATE OF T�— ) COUNTY OF y- BEFORE ME personally appeared C� W 1 C-�J✓1 who [ ]) [are] ersonal y cno o me or [has] [have] produced [and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this day of 20 My commission expires: , "A'o otary Public (signature) agt /sidewalk deferral agreement Page 3 of 3 (Seal) ,K YY •'1 r!j d" I urn►: rr,' 5� a y•� y 4.Y n {r J Ell iJr Y y/u • lam "F Y � � _ - w.Mimi 4 . f a � � ~ '•�� \ 4` Y � � • �� Lam. u i � "}C.' - . S -a l-Z c:> � rrree �� `HDv3>3 va�aa 3AV.LSI ISCLT 0 �r 00 s? = S3WOH 3lznrMvH H - � 0 gp.1A "l—a �.p(l k ? a - 3AIXG 3.LVDV3S III H.LVIS33ARIQ H:LVOV3S e e V1 g g t � 0 �r 00 \\ TJ II II I II I II 11 L o� 8 I n n 0 w e e cn vo — \WJ tltl W-1 = yxg I MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Environmental Services Director Randal L. Krejcarek, P.E. THROUGH: Louie Chapman, Jr., City Manager DATE: May 1, 2013 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF MAY 21, 2013 PAYMENT/ CSX TRANSPORTATION. INC. ITEM BEFORE COMMISSION Requesting approval of payment to CSX Transportation, Inc, (CSXT) for additional costs in the amount of $56,263, related to for the reconstruction of the SW 10th Street railroad crossing. Project No. 2008- 047. BACKGROUND On 12 June 2012, a tri -party agreement between Florida Department of Transportation (FDOT), CSXT and the City of Delray Beach for the rehabilitation of SW 10th Street crossing was executed. This past February CSXT completed the rehabilitation of this crossing. This agreement included a cost estimate to complete these improvements. Under the current tri -party agreement the City is responsible for providing maintenance of traffic (MOT), which includes law enforcement. During the pre - construction meeting the City requested that CSXT coordinate the MOT portion. This request was made in an effort to minimize coordination efforts during construction. The final cost to rehab this crossing has not been invoiced to the City, but is expected not to exceed $259,896. Known costs that have caused this increase included: materials exceeded estimate by $6,088 (due to price increases), labor exceeded estimate by $21,375 (due to construction taking longer than expected) and the MOT cost was $28,800. Once approval is granted, CSXT will send the City a final invoice detailing increased costs. Attached are the following; emails from HDR, Inc. explaining reason for additional costs, and original tri -party agreement. FUNDING SOURCE Funding is available in 334 - 3162 -541- 46.90. RECOMMENDATION Staff recommends approval. Page 1 of 9 CITY OF DELRAY BEACH SOUTH FLORIDA RAIL, CORRIDOR ONLY Financial Project I.D. Road Name or Number County Name Parcel & R/W Number FAP Number SW 101' St. Palm Beach 1 (X & S R) THIS AGREEMENT, made and entered into this day of , 20 by'and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTAtION, hereinafter called the DEPARTMENT, and CSX TRANSPORTATION, INC., a corporation of Virginia, with its place of business in the City of Jacksonville, County of Duval, STATE OF FLORIDA, and authorized to do business in the State of Florida, hereinafter called CSXT. and the CITY OF DELRAY BEACH, a political subdivision of the State of Florida, hereinafter called tiie G[TY. WITNESSETH: .WHEREAS, the CITY is constructing, reconstructing or otherwise changing a portion of the Public Road system,. designated as Job No. CSX OP# 171-1472., on SW 101h Street, which crosses at grade the tate Rail Corridor and CSXT. Property at Railroad MP: 5X 988.63 FDOT /AAR Crossing Number 628159 -H, at or near the CITY OF DELRAY BEACH, as shown on Plan Sheet No. 628159 -H, attached hereto as a part hereof; and WHEREAS, the DEPARTMENT and CSXT entered into a Purchase. and Sale Agreement for the South Florida Rail Corridor, hereinafter called SFRC described herein on May 11, 1988, at which time the DEPARTMENT became the owner of said property and CSXT retained an -Easement for Rail Freight Operations within the SFRC, and under which CSXT manages and maintains the property on behalf of the DEPARTMENT pursuant to the Phase A Operating and Management Agreement, hereinafter called Phase A Agreement entered into on May 11, 1988 by CSXT and the DEPARTMENT and made a part of this Agreement by reference thereto, and WHEREAS, in the event of termination of the aforesaid Phase A Agreetbeent as therein provided, the parties hereto desire that the provisions of the Phase B Agreement will thereafter govern CSXT's conduct of rail freight and intercity rail passenger operations over the State Property in a manner consistent with the other uses of the State Property. Upon the Comrimencement Date hereof, CSXT shall transfer to the DEPARTMENT the administration by CSXT (pursuant to Section 4.10 of the Phase A Agreement) of all agreements pertaining to the maintenance, repair and operation of existing roadway and highway crossings, crossing protection devices and railway interlocking and interchange facilities on the State Property, and NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: 1. The CITY shall be responsible for the cost to maintain the said Road at grade, and necessary approaches thereof, across the DEPARTMENT'S right -of -way, over its tracks Page 2 of 9 and through the Railroad Easement retained by CSXT at the ' hereinabove- referenced location. 2. If the CITY so requests, CSXT shall provide, furnish or have furnished, all necessary material required for, and will construct at CITY'S expense a Standard Railroad Crossing Type CONCRETE in accordance with the DEPARTMENT'S Standard Index No. 560 by reference made a part hereof, as well as automatic railroad grade crossing traffic control devices' at said location in accordance with (1) the attached detailed statement of the work, plans, and specifications; (2) the DEPARTMENT'S Plans and Standard Index Number 17882, and (3) FHPM 1 -4 -3 and [=HPM 6- 6 -2 -1, or Rule 14- 46.002. F.A.C. all of which by reference. are made a part hereof. The CITY shall be responsible for the costs of Maintenance of Traffic during the construction period. Upoh'com,p`letion of the crossing, CSXT shall be responsible for the maintenance of said crossing in accordance with the Phase A Agreement and the CITY shall be responsible for the maintenance cost of the highway roadbed and surface outside the railway ties and the crossing surface. However, it is expressly understood and agreed that if said area is not being maintained in accordance with the D.epartment's roadway standards, by the CITY, than the DEPARTMENT or CSXT shall provide the CITY with written notice of such improper maintenance and the CITY shall have thirty (30) days from the receipt of said notice to properly maintain the area, or the DEPARTMENT or CSXT, at their option, shall perform such maintenance work and bill the CITY directly for costs thus incurred that are the responsibility of the CITY. It is further expressly understood and agreed that if the opinion of the DEPARTMENT or CSXT an emergency repair becomes necessary,. the CITY shall be promptly notified of such emergency. If the CITY is unable to perform or.cause to be performed the emergency repairs, then the DEPARTMENT or CSXT, at their option, shall perform such maintenance work and bill the CITY, directly for costs thus incurred that are the responsibility of the CITY. 3. The DEPARTMENT at its discretion may arrange for the synchronization of the railroad crossing devices with existing or proposed highway traffic control devices at SW 10�' Street, and attendant installation of Type IV, Class IV (FLASHING SIGNALS WITH CANTILEVER AND GATES — MUILTIPLE TRACKS). None of the parties shall disconnect sequence without prior notice to the other. Each party shall maintain it's interconnect cable. After installation of said signals is completed, fifty (50) percent of the expense thereof in maintaining the same shall be borne by the CITY and fifty (50) percent of the cost shall be borne, pursuant to the Phase A Agreement, as enumerated by the Schedule of Annual Cost of Automatic Highway Grade Crossing Traffic Control Devices attached hereto and by this reference made a part hereof and subject to future revision. After said signals have been installed and found to be in satisfactory working order by the parties hereto, the same shall be immediately put into service, operated and maintained by CSXT so long as said CSXT or successors or asslgns shall operate the said signals at said grade crossing; or until it is agreed between the parties hereto that the signals are no longer necessary, or until the said crossing is abandoned; or legal requirements occur which shall cease operation of signals thereat. CSXT agrees that any future relocation or adjustment of said signals shall be performed by CSXT but at the expense of the party initiating such relocation. Upon relocation, the maintenance responsibilities shall be in accordance with the provisions of this Agreement. It is further agreed that the Page 3 of 9 cost of maintaining any additional or replacement signal equipment at the same location will be shared as provided above. 4. All work contemplated at this crossing shall at all times be subject to the approval of the DEPARTMENT and Chief Engineer or his representative. CSXT'S Division Engineer and /or Superintendent shall receive at least seventy -two (72) hours notice prior to the performance of any work within the limits of the railroad right -of -way. 5. Unless otherwise agreed upon herein, the CITY agrees to ensure that the advance warning signs and railroad crossing pavement marking will conform to the Department of Transportation Manual on Uniform Traffic Control Devices within thirty (30) days of notification that the railroad signal improvements have been completed and that such signs and pavement markings will be continually maintained at an acceptable level. 6. The CITY will reimburse CSXT for the cost of watchmen or flagging service when the CITY'S contractor is performing work that requires movement of equipment, employees or trucks across the tracks of the DEPARTMENT, or when at times CSXT and /or. the DEPARTMENT agree that such a service is necessary. 7. All contractors working in the SFRC are required to have Railroad Protective Public Liability and Railroad Protective Property Damage Liability insurance in a combined amount of $5,000,000.00, for all personal injuries, death or property damage, per occurrence arising during the policy period. The maximum dollar amounts of coverage to be reimbursed by Federal funds, with respect to bodily injury, death or property damage is limited to a combined amount of $10,000,000.00 per occurrence unless approval for larger amounts by the FHWA Division Administrator is made a part of this Agreement. Contractor will furnish CSXT a Certificate of Insurance showing that the contractor carries liability insurance (applicable to the job in question) in the amount of $5,000,000.Oa for all personal injuries, death or property damage, per occurrence arising during the policy period. Such insurance is to conform with the requirements of 23 C.F.R., Subchapter G, Part 646, Subpart A, and any supplements thereto or revisions thereof. 8. The CITY CITY will bear the cost of relocation of any utility (wire or pipe) due to CITY requested improvements to the roadway right -of -wadi, that has compensable interest on the right=of -way occasioned by the construction of said crossing and occupancy of the DEPARTMENT'S property, unless the original agreement creating the occupation of such utility requires the Utility to relocate said line_ 9. CSXT hereby agrees to install andlor adjust the necessary parts of its facilities in accordance with the provisions set forth in the: DEPARTMENT Procedure 725- 080 -002 Appendix D.4 and Rule 14- 46.002 "Responsibility for the Cost of Railroad- Highway Crossing ", Florida Administrative Code and /or the Federal Highway Administration's Federal Aid- Highway Policy Guide, 23 C.F.R. Subchapter B, Part 140, Subpart 1; and 23 C.F.R. Subchapter G. Part 646, Subpart B. and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. CSXT further agrees to do all such work with its own forces or by a contractor paid under a contract held by CSXT Page 4 of 9 under the supervision and approval of the DEPARTMENT, and the Federal Highway Administration, when applicable. 10. Attached hereto, and by reference made a part hereof, are plans and specifications of the work to be performed by CS)(T pursuant to the terms hereof, and an estimate of the cost thereof in the amount of $201633.00. All work performed by CSXT pursuant hereto, shall be performed according to these plans and specifications as approved by the DEPARTMENT. 11. All labor, services, materials, and equipment furnished by CSXT in carrying out work to be performed, shall be billed by CSXT directly to the CITY. Separate records as to costs of contract bid terms_ and force account items performed for CSXT shall be furnished by CSXT to the CITY. 12. CSXT has determined that the method to be used in developing future relocation or installation cost shall be actual and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. 13. If the DEPARTMENT and CSXT concur that an upgrading and /or betterment of the crossing beyond that contemplated in this Agreement ' is desirable, then any cost associated with such upgrading or betterment shall be paid from the maintenance account provided for in the Phase A Agreement. If the CITY wishes to upgrade and /or better the crossing, such upgrade or betterment shall be paid for by the CITY. 14. Upon completion of the crossing improvements, all billing for future maintenance and modifications, which are the responsibility of the CITY, will be as .follows: CSXT shall, within one hundred eighty (180) days, fumish the CITY with two (2) copies of its final and complete billing of all costs incurred in connection with the work performed hereunder, such statement to follow as closely as possible the order of items contained in the estimate attached hereto. The totals for-labor, overhead, travel expense, transportation, equipment, material and supplies, handling casts and other services shall be shown in such a manner as will permit ready comparison with the approved plans and estimates. Materials shall be itemized where they represent major components of cost in the relocation following the pattern set out in the approved estimate as closely as possible. Salvage credits from recovered and replaced permanent and recovered temporary materials shall be reported in said bills in relative position with the charge for the replacement or the original charge for temporary use. 15. The final billing shall show the description and site of the- Project, the date on which the first work was performed, or, if preliminary engineering or right -of -way items are involved, the date on which the earliest item of billed expense was incurred; the date on which the last work was performed or the last item of billed expense was incurred; and the location where the records and accounts billed can be audited. Adequate reference shall be made in the billing to where the records and accounts billed can be audited. Adequate reference shall be made in the billing to CSXT'S records, accounts and other relevant documents. All cost records and accounts shall be subject to audit by a representative of the CITY. Upon receipt of invoices, prepared in accordance with the provisions of the above - indicated: Reimbursement Policy, the CITY agrees. to reimburse CSXT in the amount of such actual costs approved by the CITY. auditor. Page 5of9 Payment shall be made only after receipt and approval of goods and services unless the .State.. Comptroller under Section 215.422 (14), Florida Statutes, authorizes advance payments. - 16. In accordance with Section 287.058, Florida Statutes, the following provisions are in this Agreement: if this Contract involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to' payments. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 17. In accordance with Section 215.422 Florida Statutes, the following provisions are in this Agreement_ Contractors providing goods. and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the' DEPARTMENT has five (5.) working days to inspect and _approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMENT has twenty (20) working days to deliver a request for payment (voucher) to the Department of Banking and Finance. The twenty (20) days are measured from the latter of the date the invoice is received, or the date the goods or services are received, inspected, and approved. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422(3)(b), Florida Statutes, will be due and payable in addition to the invoice amount, to the Contractor, interest penalties of less than one (1) dollar will not be enforced unless the Contractor requests payment. Invoices, which have to be returned to a Contractor because of Contractor preparation errors; will result in a delay in the payment.. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of the individual include acting as an advocate for contractors /vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413 -5516. 18. Records of costs incurred under terms of this Agreement for future projects shall be maintained and made available upon request to the CITY and the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made_ Copies of these documents and records shall be furnished to the CITY and the DEPARTMENT upon request. Records of costs incurred includes the Con'tractor's general accounting records and the project records,. together with supporting documents and records of the Contractor's general accounting records and the project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractor considered necessary by the CITY and the DEPARTMENT for a proper'-audit of costs. 19. In the event this contract is for services in excess of TWENTY -FIVE THOUSAND DOLLARS ($25,000.00) and a term of more than one year, the provisions of Section 339.135(6)(x), Florida Statutes are hereby incorporated; Page 6 of 9 The DEPARTMENT during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditures of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that such funds are available prior to the entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods, exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY -FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. 20. In accordance with Section 287.133(2)(a), Florida Statutes, the following provisions are included in this Agreement: A person or affiliate who has been placed on the convicted vendor list following a conviction for a pudic entity crime, may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public . entity in excess of the threshold amount provided in s.287.017 f& CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 21. In accordance with Section 287.134 (2)(a), Florida Statutes, the following provisions are included in this agreement: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public .entity; and may not transact business with any public entity. 22. In accordance with Section 287.0582, Florida Statutes, the following provision is included in this Agreement: The DEPARTMENT'S obligation to pay under this section is contingent upon an annual appropriation by the Florida Legislature. 23. The DEPARTMENT reserves the right to unilaterally cancel this Agreement .for refusal by the contractor or CSXT to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement. Page 7 of 9 24. Should the use of said crossing be abandoned due to removal of the roadway then all rights hereby to the CITY shall thereupon cease and terminate and the CITY will, at its sole cost and in a manner satisfactory to the DEPARTMENT remove said crossing and restore the DEPARTMENT'S property to the condition previously found, provided that the DEPARTMENT may, at its option, remove the said crossing, and restore its property, and the CITY will, in such event, upon bill rendered, pay to the DEPARTMENT the entire cost incurred by it in such removal and restoration, provided such costs are accrued as specified in Paragraph 9. .. -- - -. -... .. ... .... .- _ r .. - .. 26. CSXT shall: a. Utilize the U. S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by CSXT during the term of the contract; and b. Include an express requirement in any subcontract that subcontractors performing work or providing services pursuant to the state contract utilize the U. S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 27. Any notices, consents and approvals required or permitted by this Agreement shall be in writing and shall be deemed delivered by hand, sent by recognized overnight courier (such as Federal Express) or mailed, by certified or registered mail, return receipt requested, in a postage - prepaid envelope, and addressed as follows: If to the Department: Florida Department of Transportation 3300 West Commercial Boulevard Ft. Lauderdale, Florida 33309 Att: Rail Coordinator (954) 777 -4401 If to the Company: CSX Transportation, Inc. 500 Water Street J -301 Jacksonville, FL 32202 Att: Hal Gibson (904) 359 -1048 If to the City: City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Att: Randall Krejcarek — City Engineer (561) 243 -7322 Page 8of9 28_ Upon execution this maintenance agreement shall supersede all provisions, relating to said crossing, contained in any previous maintenance agreement and shall become the permanent maintenance agreement of record. 29. Provision twenty -five (25) was deleted by all parties prior to the agreement execution. Page 9 of 9 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers the day and year first written above. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION r By: C' ;ect�r it r!Sou, 4t cry Guvv!ai �e�t TITLE: ATTEST: CIT i TitlE PAUL R. HITCHCOCK CORPORATE SECRETARY ° \n - ATT ST: }� \ -� \--a City Clerk Legal TITLE Page 1 of 3 - • 11mill INN Force Account Worksheet ACCT. CODE : 709 - FL -1472 Pub ES - FL EB3 (FL) ESTIMATE SUBJECT TO REVISION AFTER: 2/19/2012 DOT NO.: 628 159H CITY: Delray Beach COUNTY: Palm Beach STATE: FL DESCRIPTION: Install new crossing surface @ SW 10th Street - #1 Mine Line (West Track) DIVISION: Jacksonville SUB -DIV: Miami MILEPOST_ SX 988.63 DRAWING NO.: 628159H DRAWING DATE: 6/24/2010 AGENCY PROJECT NUMBER: PRELIMINARY ENGINEERING; provided under separate agreement 200 Labor (Non Contract) 0 Days @ 270.00 $ - 200 Additive 31.34% $ - 230 Expenses $ - 212 Contracted &. Administrative Engineering Services $ 2,500 Subtotal $ 2,500 CONSTRUCTION ENGINEERING /INSPECTION: 200 Labor (Non Contract) 3 Days @ $ 270.00 $ 810 200 Additive 31.34% $ 254 230 Expenses $ 141 212 Contracted & Administrative Engineering Services $ 9,863 Subtotal $ 11,068 FLAGGING SERVICE: {Contract Labor} 70 Labor (Conductor- Flagman) 0 Days @ $ 350.00 $ - 50 Labor(Foreman /Inspector) 5 Days@ $ 336.00 $ 1,680 70 . Additive 71.09% (Transportation Department) $ - 50 Additive 95.98% (Engineering Department) $ 1,612 230 Expenses (Engineering Department) 5 Days @ $ 75.00 $ 375 230 Expenses (Engineering Department) 5 Days @ 45.00 $ 225 Subtotal $ 3,892 COMMUNICATIONS WORK: Temporary (Details Attached) $ - Permanent (Details Attached) $ - Subtotal $ - TRACK: LABOR 50 Install Cross Ties 0 MAN -HRS $ 36.00 $ - 50 Remove Existing Crossing 126 MAN -HRS $ 36.00 $ 4,536 50 Install Cross Ties approach 24 MAN -HRS $ 36.00 $ 864 50 Renew Rail 0 MAN -HRS $ 36.00 $ - 50 Install OTM 42 MAN -HRS $ •36.00 $ 1,512 50 Install Field Welds 38 MAN -HRS $ 36.00 $ 1,368 50 Install Temp Jt bars (136#/115 #) 20 MAN -HRS 36.00 $ 720 50 Buffer Rail #136 20 MAN -HRS $ 36.00 $ 720 50 Install Ballast 40 MAN -HRS $ 36.00. $ 1,440 50 Line and Surface 98 MAN -HRS $ 36.00 $ 3,528 50 Flash butt welds 2 ea 36 MAN -HRS $ 36.00 $ 1,296 50 Install Bituminous Pavement 0 MAN -HRS $ 36.00 $ - 50 Construct Track Panels 160 MAN -HRS $ 24.00 $ 3,840 50 Install Track Panels 168 MAN -HRS $ 36.00 $ 6,768 50 Install Transition Rail 25 MAN -HRS $ 36.00 $ 900 Force Account Worksheet -tom Page 2 of 3 Force Account Worksheet ACCT. CODE: 709- FL -1472 Pub EB - FL EB3 (FL) 50 Clean -Up 0 MAN -HRS $ 24.00 $ - 50 Additive 95.98% $ 26,387 230 Per.Dlem 82 MAN -DAY $ 90.00 $ 7,380 Subtotal $ 61,259 TRACK: MATERIAL 220 Cross Ties, Main Line Borate Thru Trans Rail 10 EA $ 39.00 $ 390 220 Cross tie - approach Borate 30 EA $ 83.50 $ 2,505 220 Cross -tie - Borate 0 EA $ 56.00 $ - 220 Crossties, 10' Length 82 EA $ 46.00 $ 3,772 220 Tie plates 136# 164 EA $ 10.51 $ 1,724 220 Rail, 136RE, New 240 LF $ 21.00 $ 5,040 220 Misc. OTM 1 LOT $ 3,797.00 $ 3,797 210 Transition Rail (136#1115#) 2 EA $ 1,200.00 $ 2,400 210 Buffer Rail 136# 60 LF $ 21.00 $ 1,260 - 220 Ballast - Car load 0 NT $ 12.00 $ - 220 Ballast - Trucked in 243 NT $ 45.00' $ 9,585 220 Field Welds Ther 136# 6 136 #, 2 115# 8 EA $ 100.00 $ 800 220 Joint Bars 136# 6 EA $ 180.00 $ 1,080 220 Temp Joint Bars 4 EA $ 180.00 $ 720 210 Concrete Full Width for 136# 89.375 TF $ 250.00 $ 22,344 210 End Caps 1 SET $ 550.00 $ 550 210 Rubber Crossing, Full Depth 0 TF $ 325.00 $ - 21.0 Timber /Asphalt Crossing (CSX Standard) 0 TF $ 42.00 $ - 210 Bituminous Material 0 NT $ - 210 Sales Tax on Material 0.00% $ - 210 Material Handling 5.00% $ 2,798 211 Shipping Conc Panels 1 LS $ 9,500.00 $ 9,500 Subtotal $ 68,265 CONTRACT: 215 Asphalt Paving (In Place) by Agency 0 NT $ - 215 Saw cut Asphalt, by Agency 0 LF $ - 241 Disposal of Waste Materials by CSX 1 LS $ .2,000.00 $ 2,000 215 Maintenance of Traffic by Agency 0 DAY $ 350.00 $ - Subtotal $ 2,000 241 EQUIPMENT RENTAL: Subtotal $ 27,492 50 WORK TRAIN- 0 DAY $ 2,100.00 $ - Subtotal $ - SALVAGE: 228 Rail 7 NT $ 65.00 $ (455) 228 OTM 2 NT $ 75.00 $ (150) Subtotal $ (605) SIGNAL WORK: 210 Material - Field & Consurnables $ - 210 Material - Sales Tax $ 220 Material - Shop $ 60 Construction Labor $ - 65 Shop Labor $ ° Force Account Worksheet NOTE: Estimate is based on FULL CROSSING CLOSURE during work by Railroad Forces. This estimate has been prepared based on site conditions, anticipated work duration periods, material prices, labor rates, manpower and resource availability, and otherfactors known as ofthe date prepared. The actual cost for CSXT work may differ based upon the agency's requirements, their contractor's work procedures, andfor other conditions that become apparent once construction commences or during the progress of the work Office of Assistanf Chief Engineer Public Projects — Jacksonville, Florida Estimated prepared by: RL Ice Approved by: H. A. Gibson CSXT Public Project Group DATE: REVISED: 8123/2011 DATE: 10128/2011 Form Revised 05- 05- 2011•LLS Force Account Worksheet CSX TRANSPORTATION, INC. Page 3 of 3 FORCE ACCOUNT ESTIMATE ACCT. CODE: 709- FL -1472 Pub EB - FL EB3 (FL) 230 Per Diem $ 200 RR Engineering, Preliminary $ 200 RR Engineering, Construction $ - 60 Additives to Construction Labor $ - 65 Additives to Shop Labor $ 200 Additives'to Engineering $ 241 Equipment Expense $ 241 Waste Management $ 212 Contract Engineering $ - 211 Freight $ 216 AC Power Service $ 228 Salvage $ 900 Other $ 5,500 Subtotal $ 5,500 ACCOUNTING & BILLING: 40 Labor 11.5 Clays @ $ 200.00 $ 2,300 40 Additive 63.03% $ 1,450' Subtotal $ 3,750 PROJECT SUBTOTAL:. $ 185'121 g00 CONTINGENCIES: 10.00% $ 18,512 GRAND TOTAL *` *� *� $ 203,633 DIVISION OF COST: Agency 100.00% $ 203,633 Railroad 0.00% $ - TOTAL * *� *�xxxFn= �* H r rte* $ 203,633 NOTE: Estimate is based on FULL CROSSING CLOSURE during work by Railroad Forces. This estimate has been prepared based on site conditions, anticipated work duration periods, material prices, labor rates, manpower and resource availability, and otherfactors known as ofthe date prepared. The actual cost for CSXT work may differ based upon the agency's requirements, their contractor's work procedures, andfor other conditions that become apparent once construction commences or during the progress of the work Office of Assistanf Chief Engineer Public Projects — Jacksonville, Florida Estimated prepared by: RL Ice Approved by: H. A. Gibson CSXT Public Project Group DATE: REVISED: 8123/2011 DATE: 10128/2011 Form Revised 05- 05- 2011•LLS Force Account Worksheet RAILROAD COMPANY CSX Transportation A. JOB DESCRIPTION & LOCATION: X -ing reconstruction of #1 main track only (west track) B. TYPE bF ROADWAY FACILITY: 4 Thru Lanes - Urban Collector C. FDOT /AAR XING NO.: 628159 -H RR MILE POST TIE: SX 988.63 D. TYPE CROSSING PROPOSED: Type C - Modified DOT INDEX: 560 E. STATUS AND PROPOSAL: 1. EXISTING CROSSING (See Agreement dated 9115/1994 _ ) a. XX To be improved as permanent public road crossing_ b. To be (used - improved) for temporary (haul- detour) operation, Pit. No. C. To be relocated (See above for new location) Existing crossing will: (1 } remain in place for local use_ (2) be abandoned and removed by (State - Railroad) forces. d. To be eliminated - Remarks F G. H. I. I! 2. NEW CROSSING a. XX To be constructed as permanent public road crossing_ b. To be constructed for temporary (haul- detour) operation, Pit No. _ C. Relocated from elsewhere (See 1.c. above, Re: Existing Crossing). d. Requires Public Hearing (State Statute 335.141 & 120.57) VERTICAL ALIGNMENT: 1. ' XX Meeting elevation of existing rails. 2. Track adjustments necessary. Rails to be (raised - lowered) CROSSING PROTECTION: DRAINAGE ITEMS: COMMUNICATION AND /OR POWER LINE ADJUSTMENTS 1. XX By Others (.CITY or Contractor 2 N/A By Railroad Company. L feet. (Signal Sheet attached: O Yes No.) (Drainage Sheet attached: 0 Yes Q No.) Company.) AUTHORITY REQUESTED: (Draft attached: Q Yes 0 No.) 1. XX Agreement (Third Party Participating City of Delray Beach 2. Supplemental Agreement No. 3. Crossing Permit. 4. Estimate for Change Order No- 5. Letter of Authority. 6. Letter of Confirmation (No Cost to Department). K. OTHER REMARKS: Negotiations to be completed by. Reconstruct #1 main track only (west track), ##2 main track in good condition. a''V7 OjVf)OaLSIin -- iy3wiS WO MS 0.4$ � w W 4 c 4 z I Z v i T I I I ,OS 2 f fr � �l� m -�m- I Wa \oO I I v zmi! � Q 0 0 5 O O m < s sa �1 m m = O Q Lu o o y > Q ® L zF j jLij Z a o a a o ao i 1 ❑� w 1 ❑3 j I I T o i 1 ❑: I 1 x I I � I / N � w 4i 1 flits M" \ i Z v i T j ,09 I ,OS 2 f fr � �l� m -�m- Wa I r oLD z zmi! � Q 0 0 5 O O m < s sa �1 m m 417 Z Z v v C$zrn W ' - 2 f fr � �l� m -�m- Wa oLD z zmi! Q 0 0 5 O O m < s sa �1 m m = O Q Lu o o y > Q ® L zF j jLij Z a o a a o ao Wz `b u z o ,A giiC 3NIf! OITO Ls'b3 -- _---- 199tUS 910 htSS ti F Y � z 0 9iQa 4 w 4 O b � 9xy i _ W r x i mss„ i a wi =4 o�i uuC w� 1 q• 3NIf! OITO Ls'b3 -- _---- 199tUS 910 htSS ti F Y � z 0 9iQa 4 w 4 O b � 9xy i _ W r x i mss„ i a wi =4 o�i uuC w� 1 q• o° B6 p � 4 ti "� w z ti w I � 7 � 3 �5Y15 '.%7 I I 1 1 , , , se 'r U ti 2 m_ I .I I ti O S � N I 1 O I I 1 1 I{ I 1 4t t H • � 91I 1 I I U 1 � I i 1 o I 1 I i s sr 1 dUtl 'W I 1 1 7 f 1 . i 1 I 1 f i 1 i I I I _ I I U ti. 2 I I � y j I I w N fII{ !4l D 2 f I 1'I'► I ( i { � 1 1 ( � q i I � � �' y y � � I 2 2 . I "• ' 's• I �q Q �w HO �a' w �z Ld z° N ti l7 3[l � O Q _-J C1. 1 to _ O 1xi � J J 2 w D m� � U jGi Q u�a i P � � O u q O * D ¢ OW J Q lRap°j, �S 4 1 2 r�ti g b O FVO If °w w N w ci o° B6 p � 4 ti "� w z ti w I � 7 � 3 �5Y15 '.%7 I I 1 1 , , , se 'r U ti 2 m_ I .I I ti O S � N I 1 O I I 1 1 I{ I 1 4t t H • � 91I 1 I I U 1 � I i 1 o I 1 I i s sr 1 dUtl 'W I 1 1 7 f 1 . i 1 I 1 f i 1 i I I I _ I I U ti. 2 I I � y j I I w N fII{ !4l D 2 f I 1'I'► I ( i { � 1 1 ( � q i I � � �' y y � � I 2 2 . I "• ' 's• I I .I I ti O S � N I 1 O I I 1 1 I{ I 1 4t t H • � 91I 1 I I U 1 � I i 1 o I 1 I i s sr 1 dUtl 'W I 1 1 7 f 1 . i 1 I 1 f i 1 i I I I _ I I U ti. 2 I I � y j I I w N fII{ !4l D 2 f I 1'I'► I ( i { � 1 1 ( � q i I � y j I I w N fII{ !4l D 2 f I 1'I'► I ( i { � 1 1 ( � q i STATE OF FLORIDA DEPARTMEW OFTRMSPORTATION RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES 7254WAI RAIL OGG -01111 FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & RItNNUMBER FAP NUMBER . NIA SW 10th Street PALM BEACH 1 (X & S R) COMPANY NAME: CSX Transportation, INC I South Florida Rail Corridor A_ FDOTIAAR XING NO.. 628159 -H RR MILE POST TIE: SX 98$.63 B. TYPE SIGNALS PROP©SED IV CLASS IV DOT INDEX: 17882 SCHEDULE OF ANNUAL COST OF AUTOMATIC H16HIYAY GRADE CROSSING TRAFFIC CONTROL DEVICES Annual Maintenance Cost Exclusive of Instal lation. CLASS DESCRIPTION COST" Flashing Signals - One Track $2,256.00 II Flashing Signals - Multiple Tracks $2,985.00 II1 Flashing Signals and Gates - One Track $3,402.00 ly( Flashing Signals and Gates - Multiple Tracks $4,272.00 AUTHORITY: FLORIDA ADMINISTRATIVE RULE 14- 57.011 Public Railroad- Highway Grade Crossing Costs EFFEGTIVE.DATE: July 22, 1982 GENERAL AUTHORITY: 334.D44, F.S. SPECIFIC LAW IMPLEMENTED: 335.141, F.S. *This schedule will become effective July 1, 2011 and will be reviewed every 5 years and revised as appropriate based on the Consumer Price Index for all Urban Consumers published by the U.S. Department cf Mahar. a � a Rg�g �m ��c a Zas w �4 a.g 3 '3N wl {h MA s F (n° s $ a g 7YJr i i t ay aga €t IFE —1 Rb IN R � $s NIN -4 a� a } r W :l 4 a �, d :R t. g lifd ?a 2.gd c Its 3: ay aga €t IFE —1 Rb IN R � $s NIN -4 a� a } r W :l 4 a �, d lip g�4 €ggg3. F p E wr I z I si �S'S I I 4O v q a a� -0 R=. V } ' w k T 4i 3d l �L •wP WA �6 mgpaA t t ao Q Q b o .aw Romgj ?lt lip g�4 €ggg3. F p E wr I z I si �S'S I I 4O v q a a� -0 R=. V } ' w k T 4i 3d l �L •wP WA �6 t t A za �: m� y. � FMi N ti 9rd lit H 3� a pBc ati v �$QRt b C E e o 'tom P:.d �� y$ 9s 't- a 34 — 4t- r ai 72 - in rEe E F < wn$ 5t `p d &3 a vut S t , a I � n - n t -" g i 16- �ry'µ _ CJ fi Q � $q� e 4 `t N l it it H b y o0 o. aQ — +C — h �o a wwa a hi y mr � H � 1p vEi o P h m gyyp tle aa��pp 4 i no mom to�trrutau��r�otr R rU. ra lrtnri .rti�n inr rear NONE ti i otutunru000tot G 3 ISSUE a Ails O � G 3 ISSUE a r �n 12 Q i Y ° a a z tu Z a w v N,37 Ile 4 g h 6 � i N \ (} •max s-,� •uur a-s - 8 a o gm nM �Y�Ta.atim'g H CITY OF DELRAY HEREH DELRAY BEACH buft" CITY CLERK 100 N.Vd, 1si AVENUE DELRAY BEACFI, FLORIDA 33444 e 561/243-7000 All- America City 1993 CER'T'IFICATION 200 1 — I CHT— NELLE, D,. NUEII-T, MIKC, k ity Cleric of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 03 -12, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 15t day of May 2012. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 14th day of May 2012. Chevelle D. Nubin, MMC City Clerk City of Delray Beach, Florida E-f:Vi_Ct i Er +C)k ,1, ,A1\?CE t' -:.I,, t E( -1 F �- ESPONSICLE ` 1'' N0VATT V[- LL!'LLE /,r�VdoPIC RESOLUTION NO. 0342 A RESOLUTION OF TI-IE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PROPER CI'T'Y OFFICIALS TO EXECUTE A TRI -PAR Y AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), CSX TRANSPORTATION, INC. AND THE CI'IA" OF DELRAY BEACH TO PROVIDE FOR THE RECONSTRUCTION OF FLORIDA DEPARTMENT OF TRANSPORTATION'S CROSSING NUMBER 628159 - -H, WHICH CROSSES SW 10"�" STREET; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY'IHE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the appropriate City officials of the City of Delray Beach are authorized to execute a.Tri- l'arty Agreement :attached hereto as Exhibit "A ", on behalf of the City Nvith the State of Florida Department of Transportation a. nd CSX Transportation, Inc., to provide for CSX Transportation, Inc. to rebuild the Department's crossing number 628159 -H, which crosses SW 10"' Street in the City of Delray Beach, The City Manager and City Attorney are authorized to rnake i.nirtor revisions to such Agreement as are deemed necessary andproper for the best interests of the City. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such. conflict. Section 3. That this Resolution shall be in .full force and effect immediately upon its adoption. PASSED AND ADOPTED in. regular session on this the I" day of May, 2012. MAYOR ATTEST: City Clerk Krejcarek, Randal From: Lalla, Clinton <Clinton.Lalla @hdrinc.com> Sent: Wednesday, May 01, 2013 8:31 AM To: Krejcarek, Randal Subject: RE: FL1726; Delray Beach, Palm Beach County, FL; SW10th Street Additional Fund Request Attachments: FL1726 unbilled charges as of 5- 1- 13.xls Mr. Krejcarek, we are unable to provide an invoice, as we do not bill over the authorized amount without approval; however, CSXT is able to provide the attached spreadsheet which shows all of the outstanding /unbilled charges on the project, totaling $50,633.33. 1 am requesting additional funds of $56,263 which will cover the outstanding charges and leave, $5,629 to account for the closing process at CSXT and any late charges that may show up. Any funds not used will be refunded to the City. Hopefully the attached will meet your requirements. Please let me know if you require any additional information. CLINTON LALLA, PE HDR Engineering, Inc. Project Manager - Rail CEI 200 W Forsyth Street, Suite 800 1 Jacksonville, FL 32202 904.598.89211 f: 904.598.8988 1 cell: 904.894.3304 clinton.lalla @hdrinc.com I hdrinc.com Follow Us — Architizer I Facebook Twitter YouTube Flickr From: Krejcarek, Randal [mailto :Krejcarek @mydelraybeach.com] Sent: Wednesday, May 01, 2013 7:40 AM To: Lalla, Clinton Subject: RE: FL1726; Delray Beach, Palm Beach County, FL; SW10th Street Additional Fund Request Thank you. As soon as I get it I will prepare a Commission agenda item. Randal L. Krejcarek, P.E. LEED AP, GISP Delray Beach, FL Ph: 561.243.7322 Fx: 561.243.7060 kreicarek(caMyDelrayBeach.com From: Lalla, Clinton [ mailto :Clinton.Lalla(a�hdrinc.com] Sent: Wednesday, May 01, 2013 7:40 AM To: Krejcarek, Randal Subject: RE: FL1726; Delray Beach, Palm Beach County, FL; SW10th Street Additional Fund Request I'll request that info from CSXT. CLINTON I HDR Engineering, Inc. LALLA, PE Project Manager - Rail CEI 200 W Forsyth Street, Suite 800 1 Jacksonville, FL 32202 904.598.89211 f: 904.598.8988 1 cell: 904.894.3304 clinton.lalla @hdrinc.com I hdrinc.com Follow Us — Architizer I Facebook Twitter YouTube Flickr From: Krejcarek, Randal [ mai Ito: KreicarekCa�mydelraybeach.com] Sent: Tuesday, April 30, 2013 4:00 PM To: Lalla, Clinton Subject: RE: FL1726; Delray Beach, Palm Beach County, FL; SW10th Street Additional Fund Request I will need to take this to Commission for approval. Can you send an invoice that has everything listed? Randal L. Krejcarek, P.E. LEED AP, GISP Delray Beach, FL Ph: 561.243.7322 Fx: 561.243.7060 kreicareka- MyDelrayBeach.com From: Lalla, Clinton [ mailto :Clinton.Lalla(a�hdrinc.com] Sent: Tuesday, April 30, 2013 9:31 AM To: Krejcarek, Randal Subject: RE: FL1726; Delray Beach, Palm Beach County, FL; SW10th Street Additional Fund Request Typically this is included in the MOT which is the responsibility of the Agency, in this case the City. However, during the precon, the City requested that CSXT line up law enforcement, which caused the invoice to be sent directly to CSXT. Hope that answers your question. CLINTON LALLA, PE HDR Engineering, Inc. Project Manager - Rail CEI 200 W Forsyth Street, Suite 800 1 Jacksonville, FL 32202 904.598.89211 f: 904.598.8988 1 cell: 904.894.3304 clinton.lalla @hdrinc.com I hdrinc.com Follow Us — Architizer I Facebook Twitter YouTube Flickr From: Krejcarek, Randal [ mai Ito: KreicarekCa�mydelraybeach.com] Sent: Tuesday, April 30, 2013 9:24 AM To: Lalla, Clinton Subject: RE: FL1726; Delray Beach, Palm Beach County, FL; SW10th Street Additional Fund Request The cost for officers was also an over run or was it not included in the original estimate? Randal L. Krejcarek, P.E. LEED AP, GISP Delray Beach, FL Ph: 561.243.7322 Fx: 561.243.7060 kreicareka- MyDelrayBeach.com From: Lalla, Clinton [ mailto :Clinton.Lalla(a)hdrinc.com] Sent: Monday, April 29, 2013 10:50 AM To: Krejcarek, Randal Subject: RE: FL1726; Delray Beach, Palm Beach County, FL; SW10th Street Additional Fund Request Over -run can be accounted for in the following categories: Materials Exceeded estimate by $6,088; prices are rising and there are increasing freight costs. Law Enforcement officers For safety full -time law enforcement officers were utilized during closure, cost was $28,800. Labor Exceeded estimate by $21,375. Construction took a little longer than expected. Please advise if you need additional information. CLINTON LALLA, PE HDR Engineering, Inc. Project Manager - Rail CEI 200 W Forsyth Street, Suite 800 1 Jacksonville, FL 32202 904.598.89211 f: 904.598.8988 1 cell: 904.894.3304 clinton.lalla @hdrinc.com I hdrinc.com Follow Us — Architizer I Facebook Twitter YouTube Flickr From: Krejcarek, Randal [ mai Ito: KreicarekCa�mvdelravbeach.com] Sent: Friday, April 26, 2013 3:31 PM To: Lalla, Clinton Subject: RE: FL1726; Delray Beach, Palm Beach County, FL; SW10th Street Additional Fund Request Please provide more detail on the cost over runs. I have to get City Commission approval for this additional expenditure. Thank you. Randal L. Krejcarek, P.E. LEED AP, GISP Delray Beach, FL Ph: 561.243.7322 Fx: 561.243.7060 kreicarek(WyDelrayBeach.com From: Lalla, Clinton [ mailto :Clinton.Lalla(a�hdrinc.com] Sent: Friday, April 26, 2013 8:38 AM To: Krejcarek, Randal Cc: Dement, Kim; Olsen, Eva Subject: FL1726; Delray Beach, Palm Beach County, FL; SW10th Street Additional Fund Request Mr. Krejcarek, please see the attached additional fund request to complete and close out this project. The project over- run is due to increase labor cost, material cost and law enforcement cost during the closure. We are requesting an additional $56,263 increasing the previously approved FAE from $203,633 to $259,896. Please contact me with any questions. CLINTON I HDR Engineering, Inc. LALLA, PE Project Manager - Rail CEI 200 W Forsyth Street, Suite 800 1 Jacksonville, FL 32202 904.598.89211 f: 904.598.8988 1 cell: 904.894.3304 clinton.lallaPhdrinc.com I hdrinc.com Follow Us — Architizer / Facebook Twitter YouTube / Flickr 0) W N p U OO Ln In 00 OO In 00 OO In 00 � (6 WrrWWrwwr -w 00 -0,,m Q Q Q Q Q Q Q Q Q Q In —Lo >, N In In In In In In In In In In O O O M t N E U U U U U U U U U U 00 o o N O N Z Z Z Z Z Z Z Z Z Z O <<<<<<<<<<>>>::]§o U Z Z Z Ll U C C 7 O E Q m N N V 0 r : N 0 In N r In O N V OO LO — O O N N— N V r O m O In M 00 M O 00 N In M N V M V (O r M M 00 00 (O (O M O r M O O N 00 O Ef3 Ef3 V V 00 00 r M M r M M U) In 01 � EA EA EA EA EA EA EA EA EA EA O n U U U Y Y N N N N N N N N N N N N N 2E W W 3 3 3 3 3 3 3 3 3 3 O > W > W 0 0 0 0 0 0 0 0 0 0 7 7 7 00 W N O O W W W W W In V N T r N _ M (O LO N O 7 U V Z U Q Q Q U Q H U Z Z 2E J Z Z J (n Z J U J W W Lu W J d Q J J Q J J Q 0 d J Lu c) Z w Z Q W 2 Q Q 2 Ir Q= U W Ir — z 0 w U 2 of 0 U- O O z p — � W W Ir Ir W Ir w z I W Q J z O w � Q z Z Q Q Z J Q Z Z J Z Q p >,2 0 2 2 0 W 2 0 r W Q 0- U00HUUHOf0 mED ��Z LL m C7 Q m m Q m m Q� C� m p2 2 0U M M M M M M M M M M M M M M M E M M M M V V V V V r U NN N N N N N N N N N U) Of Of Of 0-1 ry 0 00 00 0 Z > U Q Q Q Q Q Z U U U U U U U U 0 0— U) Z Q Q Z J J J J J E E p W W U— Z p p Z p p Z p W W 0f Q 0 0 0 0 Q Q Q Z Z U J J p 2 2 2 2 2 2 W H H H H H Z Z a a�QQ =���������zZm J J LL J W W J W W J W U U dS C» of Ll Ll d d Ll d d Ll d w w of Q Q Q � � w��° J° ° J° O O O O O O O O M M 2E 0 0 Z Z W W H H U(nQQQQQQQQQQof ry W W p p p p p p p p p p Z Z Z Z Q Q Q Q Q Q Q Q Q Q 0 0— a) Q Q O O O O O O O O O O D U 2E E J J of of of of of of of Of of Of W W W Z W W of of of of of of of Of of U_ U_ U_ Y 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W U U m m m m m m m m m m > >> M��QQQQQQQQQQZzz U U U U U U U U U U U U U U U U N N N N N N N N N N N N N N N m LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL Z Z Z Z Z LO Oro r O O O N V r LO (6 r N O Q m N O Q m N O m m � U � U LO N i co � N i co � N i N N r 0 F 77 r 0 F r 0 F � r � r > J 0 > J 0 > J 0 > J E E a)> J a) Z LL U s Z LL U s Z LL U s Z L.L E z L.L E Z Z Z Z Z LO Oro r 0 M O (O M N V r LO O V Cl) V LO z z N N J J J EA EA � z z z z z U U U U U C C C C C N N N N N Ir Ir Ir Ir Ir U U U U U O O r 0 M LO Oro O (O M N V r LO O V N V N N ' Z Z Z Z Z O O O O O 2E 2E 2E 2E 2E LL LL LL LL LL z z z z z J J J J J z z z z z N N N N N Q Q Q Q Q Ir Ir Ir Ir Ir z z z z z O O O O O M M M M M r 00 00 00 00 Z Z Z Z I Ir of O Q O U) Q 0 0 J 0 J 0 W Q W Q W 2 ob 2 ob 2 0 of 0 Ir 0 W J W J W L H L H LL LL LL LL U U U U U U U U U U 2E 2E 2E 2E 2E LL LL LL LL LL U U U U U O O O O O z z z z z N N N N N J J J J J LL LL LL LL LL N N 'b 0 0 W W W W W W W W W W W W W W r ob E -O O— . Cl) Cl) Cl) Cl) Cl) Cl) Cl) Cl) Cl) Cl) Cl) co co co Cl) Cl) Cl) Cl) Cl) Cl) Cl) Cl) co co co co co co cu J O fp j N O O O O O O O O O O O O O O LL O m va Q O M O O O O O O O O O O O O O O N (n N O N N N N N N N N N N N N N N 0 O n O N U C 0 0 Q' 0 Q' 0 Ir Q' 0 Q' 0 Q' 0 Q' 0 Q' 0 Q' 0 Q' 0 Q' 0 Q' Ir Q' O U t� 2� O .� m Cl) M W M W M W M W M W M W M W M W M W M W M W M W M W M W In U_ O r fp O N LO _ LO _ LO _ LO _ 0 _ 0 _ 0 _ 0 _ 0 _ 0 _ 0 _ 0 _ 0 _ 0 _ > U J NO '�> H> H> H> H> H> H> H> H> H> H> H> H> H> H Z E2 N mU UUd�: QzOzOzOzOzOzOzOzOzOzOzOzOzOzO O O O O W W N EA U C N 3 U O O W W N M W U_ ry W M ry D U W U Z O U z 2 O M N Ll r N V V V V V r r r N N N N V V 0 M V V V V V N N N M M M M V V In Ln M (O (O (O (O (O LO LO LO LO LO LO LO (O (O V r Cl) (O (O (O (O (O N N N r r r r M M Cl) Cl) 69 69 69 EA EA 69 69 69 69 69 EA EA ER (O 69 O LO 69 U U U U U U U U U U U U U U C C C C C C C C C C C C C C Y Y N N N N N N N N N N N N N N W W 3 3 3 3 3 3 3 3 3 3 3 3 3 3 W W U U U U U U U U U U U U U U V V V V V r r r N N N N V V V V V V V N N N Cl) co co co V V M M M M M Ln Ln Ln Ln Ln Ln Ln (O (O (O (O (O (O (O N N N r r r r M M Q Z_ 2E > 2 J d Q W M �O Of Of W H J � Q Z = O Y U m m m C� Cl) Cl) (6 (6 0') 0') N N M M M M M M M M M M M M M M M M M M M M M M M M M M M U U U U U U U U U U U U U U U U U U U U U U U U U U U Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q ( (n (n U U U U U U U U U U U U U U U U U U U U U U U U U U U Z cn U U U U U U U U U U U U U U U U U U U U U U U U U U U Q Z Z (D Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 0 0 0 — — — — — — — — — — — — — — — — — — — — — — — — — — — U' U' (n o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o Z Z Z U O O O O O O O O O O O O O O O O O O O O O O O O O O O O J J J J J J J J J J J J J J J J J J J J J J J J J J J Q Q O MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Victor Majtenyi, Interim Director of Environmental Services THROUGH: Louie Chapman, Jr., City Manager DATE: May 10, 2013 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF MAY 21, 2013 MODIFICATION TO THE JPA/ FDOT/DOWNTOWN ROUNDABOUT TROLLEY ITEM BEFORE COMMISSION The item before the City Commission is to approve the Mayor to sign a modification to Joint Participation Agreement, (JPA), AQN52 with the Florida Department of Transportation, (FDOT). BACKGROUND Attached please find an amended JPA AQN52 with the FDOT increasing funding for Downtown Roundabout Trolley service in the amount of $525,000 appropriated as $150,000 Capital Expenditure and $375,000 for operations through December 15, 2015. The $150,000 Capital funding will be used to purchase a 4th trolley to extend the life expectancy of the fleet and is provided at 100 %, no matching funds required. The $375,000 Operational funding is provided requiring 50% matching funds, which, will be matched through the combined funding of the CRA in the amount of $300,000 and the recently secured SFRTA grant of $75,000 included in this meeting's agenda. Upon ratification of this agreement, the revised funding for the Downtown Roundabout Trolley Service from this JPA will total $1,098,515 comprised of the original $198,515, the additional $525,000 plus required match of $375,000). It is noted the CRA has committed an additional $300,000, pending approval of its Board of Directors, in the amount of $300,000 to be paid by December 31, 2013. Staff continually seeks grant money for the continued provision of this valuable service. REVIEW BY OTHERS The City Commission, at its meeting of March 19, 2013, approved staff to pursue additional funding from the FDOT to support the Downtown Roundabout Trolley Service. FUNDING SOURCE The Downtown Roundabout is funded through various grants from the FDOT, CRA and SFRTA, (South Florida Regional Transportation Authority) and is administered through account 001- 3151 -545- 49.20, General Fund /Parking Facilities /Tri -Rail Trolley Services. RECOMMENDATION By motion, recommend approval for the Mayor to sign amended JPA AQN52 with the FDOT to provide additional grant funding for the Downtown Roundabout as described in the aforementioned staff report. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 01 725- 030 -07 PUBLIC TRANSPORTATION 6111 Page 1 of 3 Financial Project No.: Fund: DPTO FLAIR Approp.: 088774 427853- 1 -84 -01 /427853- 1 -94 -01 Function: 680 FLAIRObj.: 750013 (item- segment - phase- sequence) Federal No.: N/A Org. Code: 55042010429 Contract No.: AQN52 DUNS No.: 80- 939 -7102 Vendor No.: F59600030802 CFDA Number: N/A CSFA Number: 55.013 / 55.012 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and City of Delray Beach 434 S. Swinton Avenue, Delray Beach, FL 33444 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 22 nd day of May , 2012 entered into a Joint Participation Agreement-, and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto-, and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $ 723.515.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended Funding for the transit and route improvements and enhancements along Old Germantown Road and transit areas within the City of Delray Beach. 725- 030 -07 PUBLIC TRANSPORTATION 6111 Page 2 of 3 2.00 Project Cost: Paragraph 3.00 of said Agreement is 0 increased O decreased by $ 900,000.00 bringing the revised total cost of the project to $ 1,098,515.00 Paragraph 4.00 of said Agreement is 0 increased O decreased by $ 525,000.00 bringing the Department's revised total cost of the project to $ 723,515.00 3.00 Amended Exhibits: Exhibit(s) A & B of said Agreement is amended by Attachment "A ". 4.00 Contract Time: Paragraph 18.00 of said Agreement 05/29/2015 . 5.00 E- Verify: Vendors /Contractors: 1. shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Vendor /Contractor during the term of the contract-, and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 725- 030 -07 PUBLIC TRANSPORTATION 6111 Page 3 of 3 Financial Project No. 427853- 1 -84 -01 / 427853- 1 -94 -01 Contract No. AQN52 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated 05/22/2012 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY City of Delray Beach AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE Financial Project No. Contract No. AQN52 Agreement Date 427853- 1 -84 -01 /427853- 1 -94 -01 ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and City of Delray Beach 434 S. Swinton Avenue, Delray Beach, FL 33444 dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): Funding for trolly purchase, transit and route improvements and enhancements along Old Germantown Road and transit areas within the City of Delray Beach. Fund will be utilized to purchase the 4th trolley, extend service to Tri Rail in the evening and run a 2nd trolley during weekends. Funds are combined by $150,000.00 Transit Corridor funds for capital at 100% and $375,000.00 Service Development funds for operating at a 50 %/50% match. As Approved As Amended Project Cost $198,515.00 $1,098,515.00 As Approved As Amended II. Fund DPTO DPTO Department Transit Corridor & Service Funds: $198,515.00 $723,515.00 Agency: $ 0 $ 375,000.00 Federal: $ $ Total Project Cost Comments $198,515.00 $1,098,515.00 Net Change $ 900,000.00 Net DPTO $525,000.00 $ 375,000.00 $ 900,000.00 SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. 1.) Please submit quarterly reports through TranSCIP. 2.) Please send an invoice every three months. 3.) Upload any route data, maps, ridership logs into TransCIP under the appropriate project number. 4.) On -site visits may be required by District FDOT project manager. Page 1 of 2 RESOLUTION NO, 23-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA APPROVING A JOINT PARTICIPATION AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO PROVIDE SERVICE DEVELOPMENT FUNDING TO THE CITY OF DELRAY BEACH TO ENHANCE AND /OR EXPAND THE DOWNTOWN TROLLEY SERVICES LOCATED WITHIN THE CITY OF DELRAY BEACH; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Delray Beach Florida desires to approve the Joint Participation Agreement with the State of Florida Department of Transportation to provide service development funding to the City of Delray Beach to enhance and /or expand the downtown trolley services located within the City of Delray Beach. WHEREAS, the City Commission authorizes the execution of the Agteeinent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1, That the recitals set forth are incorporated as if fully set forth herein. Section 2. The City Commission of the City of Delray Beach authorizes the entry in the Joint Participation Agreement, related to Financial Pro .ject No. 427853- 1- 84 -01, between the City and the Florida Department of Transportation and authorizes the execution thereof. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Financial Project No.: Fund: DPTO FLAI R Approp.: 088774 427853- 1 -84 -01 Function: 680 FLAIR Obj.: 750013 (item- segment - phase - sequence) Federal No.: NIA Org. Cade: 55042010429 Contract No.: Q'5a— DUNS No.: 80- 939 -7102 Vendor No.: F59600030802 CFDA Number: NIA CSFA Number: 55.013 ii� THIS AGREEMENT, made and entered into this 2 day of R(W 725 - 030 -OS PUBLIC TRANSPORTATION 6111 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and City of Delra Beach _ 434 S. Swinton Avenue Delr2y Beach FL 33444 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before 05/29/2015 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and:the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 341 Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is Funding for the transit and route improvements and enhancements along Old Germantown Road and transit areas within the City of Delray Beach. and as further described in Exhibit(s) A B. C., D attached hereto and by this reference made apart hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. Page l of 14 725- O30.0i FUBL1O l RANSPORTA71ON 511# 2.€30 Accomplishment of the Project 2.90 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a' part hereof this Agreement, with all practical dispatch,. in a sound, economical, and efficient manner, and in accordance with the provisions-herein, and all applicable laws. 2,20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement; the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30-Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds far completion of the project. 2,40 Submission of Proceedings, Contracts and Other Documents, The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost-. The total estimated cost of the project is $ 198.515.00 _ This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement_ The Agency agrees to bear all expenses in excess of the.total estimated cost of the project and any deficits Involved. 4.00 Department Participation. The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 198.515.00 as detailed in Exhibit "B" or in an arnount equal to the percentage(s) of total project cost shown in' Exhibit "IT', whichever is less. 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from thof effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Ayailabilifyr of funds as stated in Section 17.00 of this Agreement,- (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding . Front end funding D is 9 is not applicable_ If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4,00. 5.00 Retainage: Retairiage D is Q is not applicable. If applicable, 0 percent of the department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Do partment's discretion, on or before the completion of the final project audit. Page 2 of 14 72F -MMD PUDUC TRANSPOkTAMON x'11 6.D4 Project Budget and Payment Provisions: BAO The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6,20 Payment Provisions: Unless otherwise allowed under Section 420, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement Payment wilt be made for actual costs incurred as of the date the lnvoice, is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelineslprocedures and "Principles for State and Local Govemments ", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made avallable to the Department upon request any time during the period of the Agreement and for three years after final payment is shade. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by A from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein co €lectively referred to as "project funds ". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State .Law for the security of public funds, or as approved by the Department_ 7.30 Costs Incurred for the Project: The Agency shall charge to the prefect account alt eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs_ 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.511 Checks, Orders, and Vouchers: Any check or order drawn by the.Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a. properly- signed voucher then on file in the office of the Agency stating in proper detail the-purpose far which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily access €ble, and, to the extent feasible, kept separate and apart from all other such documents_ 7.60 Audit Deports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews; investigations, or audits deemed necessary by the State Comptroller or Auditor General_ The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state efficial_ The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. PMo3of 14 725MCIOS PUBLIC TRAKSP©RTATION Til 7.61 Monitoring: In addition to reviews of audits conducted in accordanca with OMB Circular A-133 and Section 295.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, andlor other procedures, The Agency agrees to comply and cooperate fully with any monitoring procedures /proodsses deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDO'f's Office of Inspector General (DIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits,. Part 1 Federally Funded: if the Agency is a state, local government, or non -profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply_ 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A-933, as revised. Exhibit " UI to this agreement indicates Federal resources awarded through the Department by this agreement_ In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A -133, as revised, will meet the requirements of this part. 2_ In connection wlth the audit requirements addressed in Part,l, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133_ 3_ If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A -133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4_ Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award'number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the fol[m ing annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.559 (local governmental entities) or 10 -650 (nonprofit and for - profit organizations), Rules of the Auditor General_ Exhibit "D" to this agreement indicates state fi.nanc;ial assistance awarded through the Department by this agreement_ In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance; received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include f=ederal direct or pass - through awards and resources received by a honstate entity for Federal program matching requirements_ 2. In connection "with the audit requirements addressed in Part 11, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3, if the recipient expends less than the amount in Part if, Paragraph 1 _, such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate eirtities- 4. State awards are to be identified using the Catalog of State Financial Assistance'(CSFA) title and number, award number and year, and name of the state agency awarding it. N;te 4 of 14 725-M) LOS PUBLIC TRANSPORTATION Part III Other Audit Requiremelnts 1, The Agency shall follow -up and take corrective action on audit findings. Preparation of a.summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required, Current year audit findings require corrective action and status of findings. 2 Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved_ Access to pro)ect "records and audit work papers shall be given to the DeparhT ent, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Departrent to conductor arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official- Part IV Report Submission 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by Section 7.622 Parr I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: 3400 `cutest Commercial Boulevard, Fort Lauderdale Florida, 33309 B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, submitted to the following address; Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C_" Other Federal agencies and pass through entities in accordance with Sections .320 (e) and (t), QMB Circular A -133. 2_ In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and conducted in accordance with OMB Circular A -133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A -133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: 3400 West Commercial Boulevard , Fort Lauderdale Florida, 33309 In addition, pursuant to Section .320 (f), OMB Circular-A-133, as revised, the rdcipient shall submit a copy of the reporting package described in Secton .320 (c), OMB Circular A -133, and any management letters issued by the auditor, to the 13epaTtment at each of the following addresses: 3400 West Commercial Boulevard , Fort Lauderdale Florida, 33309 Page 5 of 14 725.030-00 PUBLIC TRANSPORTATION sm 3. Copies of financial reporting packages required by Section 7.52 Part it of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A_ The Department at each of the following addresses: 34003 Vilest Commercial Boulevard, Fort Lauderdale Florida, 33309 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 323991450 4. Copies of reports or the management letter required by Section 7.62 Part Ill of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: 3400 West Commercial Boulevard , Fort Lauderdale. Florida, 33349 5" Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OM3 Circular A -133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 13-650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-1 33 or Chapters 90.550 (local govern mental enffties) or 1:0.650 (nonprofit and for - profit organizations), Rules of the Auditor General; should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention,, The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report: is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shalt ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in wri€ing by the Department. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the' Department upon request. Records of costs incurred include the Participant's general accaunfing records and the project records, together with supporting documents and records, of the contractor and a €I subcontractors performing work on the project,. and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 7.64 Other Requirements: if an audit discloses any significant audit-findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary" The Agency shall take timely and appropriate corrective action to any audit findings, recommendations and corrective action plans. Pup 6 ur 14 725930 -ee PUBLIC TRANSPORrA€iON Gilt 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a oe Jcatiorn that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event.of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 8A0 Requisitions and Payments: . 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 West Commercial Boulevard , Fort Lauderdale , FL, 33309 -3421 its requisition on a form or forms prescribed by the Department, and ahy other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and ,postaudit thereof. 8.12 Invoices for anytravel expenses shall be submitted in accordance with Chapter 112061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S_ 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration- paid for real property. (c) • a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance % th all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency aoquiring the real property_ 8.20 The Department's Obligatiione: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Deparment may elect by notice in writing not to make a payment on the project if_ 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8,22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; B-24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 De cult: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance, to the project suspends or terminates federal financial assistance to the project In the event of suspension or termination of federai financial assistance, the Agency will reimburse the Department for all disallowed costs, inciuding.arry and all federal financial assistance as detailed in Exhibit "B." Page 7 or l.A PUBuC TRANSPORTATION 6111 8.30 Disallowed Costs: In determining the amount of the payment, prior to receipt of annual notification of funds availability, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department and costs invoiced prior to receipt of annual notification of fund availability. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has wish the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason. of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any oftr reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required ordesirable-to keep to the minimum the costs upon the basis ofwhich the financing its to be computed-, (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costa; and ($)_remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time- The approval of a remittance by the Agency or the closing out of federal financial participation in the project. shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 319, 1= -S- and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision -for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Deparhent its share of any unexpended balance in the project account. 41.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Departments authorized representatives to inspect all work, materials, payrolls, records; and tc audit the books; records and accounts pertaining to the financing and development trf the project 42.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall -not execute any contract or obligate itself in any manner requiring the disbursement of Departmentjoint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with anythird party with respect to the project without the written approval of the Department Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 5 -23, The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employrmert of the same. rage 5.114 725 -tea -os Puwc TRANVORTA"i3 N V11 12.20 Compliance with Consultants' Competitive Negotiation Act It is understood and agreed by1he parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants.' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance With the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement, In this regard, all'redpients, and contractors shall take all necessary and reasonable steps in accordance with 49 GFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts_ Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted Contracts. The recipient shall not discriminate on the basis of race, color; national origin, or sex in the award and performance'of any DOT- assisted contract or in the administration of its DBE program or the requirements of 49 GFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT - assisted contracts. The recipients DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated, by reference in this agreement. implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sarictions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C_ 1001 andlor the Program Fraud Civil Remedies Act of 1586 (31 U.S.C_ 3801 of seq.) 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 GFR Part 26 filed Linder this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race,.age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during ernplbymor t, without regard to their race, age, creed, color, sex, or natipnal origin. Such action shall include, but not be limited to, the following-. Employment upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular oontractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require alt such contractors to insert a similar provision in all subcontracts, except subcontracts for standard cormercial supplies or raw materials_ When the project involves installation, construction, demolition, removal, site improvement, dr similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title Ili of the Civil Rights Act of 1964 (42 U_S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title Vlll - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Bights Act of 1968, 42 USC 3601,et sec{., which among other things, prohibits discrimination in housing on the basis of race, color; national origin, creed, sex, and age. page 9 of 14 72>030.0e PUBLIC TRANSPORTATION evil 13.40 Arnericans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited interests: The Agency shall not enter into a contract or arrangement in connection % ith the project or any property included or planned to be included in the project, with any officer, _director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity_ The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency_ 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom_ 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non - compliance with applicable environmental regulations: including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then, exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not ba affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law, Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. Page 10 of 14 725- r>aaos PLWO MNSPORTA71ON 6111 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life, of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the projectfacilities and equipment in good working order for the useful life of said facilities or equipment. 94.71 Prop" Records- The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applcabie. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipmentfor public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to properly, management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facil ty or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided In this Agreement_ 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees. will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent acf by the Department or any of its officers, agents, or employees during the performance of the Agreement When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forvwatd the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen {14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the Claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the'claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if Oly one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 45.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department wilt review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose- 1117.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation. to pay under this Agreement is contingent upon an annual appropriation by the Legislature_ Page 11 of 14 725 -05CA6 PUBLIC 7RAhl MRTATION 6111 17.20 Multi -Year Commitment- In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapfer 339.136(6)(2), F.s., are hereby incorporated: `(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of r coney in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract; verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract The Department shall require a statement frorsi the comptroller of the Department that Funds are available prior to entering into any such contract or other binding commitment of funds- Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to he rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." . 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before 0512912015 . if the Agency does not complete the project within this time period, this Agreement Will expire unless an exlension of the time period is requested by the Agency and granted in writing by the District Director of Transportation Develo meet . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this prgect.to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format_ All words used herein in the singular form shall extend to and include'the plural- All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders - 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying- 21.10 Federal. The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contact, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement_ If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer of employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Loi>bying," in accordance with its instructions. The Agency shall require that the language of this section be.included in the award documents for all subawards at all tiers (including subcontracts, subg €ants, and contracts under grants, loans and cooperative agreements} and that ali subrecipfents shall certify and disclose.accordingly- 21.21) State: No funds recelVed pursuant to this contract may be expended for lobbying the Legislature or a state agency- Page 120 56 7zsaaarn PmHr M- NSPORTATION &111 22.00 Vendors 12ights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the.foilcim ing time frames. Upon receipt, the Department has fire (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved_ If a payment is net available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to. the invoice amount to the Agency_ The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollarwill not be enforced unless the Agency requests payment_ I nvoices which have to be returned to an Agency because of vendor preparation errors will result !n a delay in the payment. The invoice payment requirements do not start unfit a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services_ The duties of this individual include acting as an advocate for Agencies who maybe experiencing problems in obtaining timely payment(s) from the Department The Vendor Ombudsman may be contacted at (850) 413 -5516 or by calling the Department of Financial Services Hotline, 877 -693 -5236_ 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on laases of real property to a public entity, may not be a_ warded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. . 24,00 Discrimination: ,An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract wish a public entity for the construction or repair of a public building or public work, may not submit bids. on leases of real property to a - public entity, may not be. awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 25.00E Verify: Vendors/Contractors: 1, shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the VendorJContractor during the term of the contract, and 2, shall expressly require any subcontractors performing worts or providing services pursuant to the state contract to likewise utilize the U-S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term_ Page 13 of 14 7?5A30 -o6 PUBLIC TRAMPORTATiON 6131 Financial Project No. 42785371 -8"1 Contract No. A A Agreement Date 5 2-2-112, IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above + arriitten. AGENCY City of Delray Beach AGENCY NAME FDOT See atta .ad Encurnbrance F rm for date of Funding 'Approv�t''by Compi3-atler ��7 y We AL REVIEW. DEPARTMD 6FTRANS€'aRTATiDN �_��•� ""p PEPAR NT OF TRANS RTATIDM District Director of Transportation Development TFLE Apprc)ved as W 16 W legat city Attoffity Page 14e 14 Financial Project No. 427853- 1$4-01 Contract No. Agreement Date % 2-2— 2— EXHIBIT "A" PROJECTS DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Delray Beach 434 S_ Swinton Avenue Delray Beach FL 33444 referenced by the above Financiai Project Number. PROJECT LOCATION: Palm Beach County, Florida PROJECT DESCRIPTION: Funding for the transit and route improvements and enhancements along Old Germantown Road and transit areas within the City of Delray Beach. SPECIAL CONSIDERATIONS BY AGENCY: The audit repor€(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. 1_) Please submit quarterly reports through TransClP. 2.) Please send an invoice every three months. 3.) Upload any route data, maps, ridership logs into TranSCIP under the appropriate project number. 4.) On -site visits may be required by District FOOT project manager. SPECIAL CONSI DERAT] ONS BY DEPARTMENT: Page I of I Financial Project No, 42785531t-1 4-01 Contract No_ _ A aN gs Q. Agreement Date -5 / 2-2 i 2- EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral pars: of that certain Joint Participation Agreement between the Siate of Florida; Department of Transportation and City of Delray Beach 434 S_ Swinton Avenue, Delray Beach, FL 33444 _ referenced by the above Financial Project Number. I. PROJECT COST. ' $198 515.OD TOTAL PROJECT COST: It, PARTICIPATION: Maximum Federal Participation Agency Participation In -IGnd Gash Other Maximum Department Participation, Primary DPTOIDS Federal Reimbursable Local Reimbursable TOTAL PROJECT COST: $198,515.00 %'• or $ ( %) or $ ( %) or $ { %) or $ ( 100 %) or $ 198,515.00 ( %) or $ ( %) or $ $19B,515.00 Page 1 of I Financial Project No_ 427853-1 -84 -01 Contract No, _ P" G 5L Agreement [late 512-2-1(2— EXHIBIT "C" (GENERAL -- with Safety Requirements) This exhibit forms an 'integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and 4City of Delray Beach 434 S_ Swinton Avenue Delra Beach FL 33444 referenced by tho above Financial Project Number. Reference statutes as applicable. Mark the required Safety submittal or provisions for this agreement if applicable. Safety Requirements X Bus Transit System - I n accordance with Florida Statute 341.061, and Rule 14-50, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety oertification that the Agency has adapted and is complying with its adopted System Safety and Security Program Plan pursuant to Rule Chapter 14 -90 and has performed annual safety inspections of all Buses operated. _ Fixed Guideway Transportation. S stern - (estabiished) In accordance i ith Rorida Statute 341.061, the Agency shall submit, and the Department shall have on file, annual certification by the Agency of compliance with its System Safety Program Plan, pursuant to Rule Chapter 1455. Fixed Guideway Transportation System - (new) In accordance with Florida Statute 341.061, the Agency shall submit a certification attesting to the adoption of a System Safety Program Plan pursuant to Mule Chapter 1455_ Prior to beginning passenger service operations, the Agency shall submit a certification to the Department that the system is safe for passenger service. Rage 1 of 1 Financial Project No. 427853 -1 -84-01 Contract No. d-. Agreement bate EXHIBIT "D" FEDERAL and /or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. if the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: (e.g., What services or purposes the resources must be used for) (e.g., Eligibility requirements for recipients of the resources) (Etc... ) NOTE: Instead of listing the specific compliance 'requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, e €c. The State awarding agency, if practical, may waritto attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Agency Catalog of Federal Domestic Assistance (Number & Title ) Amount Compliance Requirements STATE RESOURCES State Agency Catalog of. State Assistance (Number TgLeA Amount FDOT D4 55.413 $108,515 Compliance Rec€Wrements Authorization. Chapter 341, Florida Statutes Objectives: To fund cost effective methods of relieving congestion and improving capacity within a transit corridor. Types ©fAssistanoe: Grants Applicant Type: Local Government Restrictions: Department. participation shall be based on docurrtentation by the Department fhat the project is the most cost - effective method of relieving congestion and improving capacity within the identified corridor. As funding allows, this program will consider improvements on facilities designed to prevent there from becoming constrained. Matching Resources for Federal Programs Federal Agency Catalo of Federal Domestic Assistance (Number .& Title Amount Corn €iamce Re uirements NOTE. Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient, Page 1 of 1 MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Victor Majteyni, Interim Director of Environmental Services THROUGH: Louie Chapman, Jr., City Manager DATE: May 10, 2013 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF MAY 21, 2013 INTERLOCAL AGREEMENT/ SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY (SFRTA) ITEM BEFORE COMMISSION The item before the City Commission is that of approving the Mayor to sign an agreement with the South Florida Regional Transportation Authority (SFRTA), to accept grant funding for the Downtown Roundabout. BACKGROUND Attached please find an agreement, in accordance with City Commission's approval, for staff to seek grant funding from the South Florida Regional Transportation Authority, (SFRTA), for grant funding to operate the Downtown Roundabout Trolley System. The grant provides funding not to exceed $75,000 per year, for two (2) years, requires no matching funds and may be used as matching funds for other grant opportunities. One criteria for the funding is an expansion of service to coincide with late evening Tri -Rail service. This expansion includes extending service to the station from Monday through Friday 9:00 PM to 11:15 PM ( +/- allowing for scheduling). Additionally, service time is added to the current morning commuter service hours, changing from 6:30AM and 7:OOAM start times to 6:OOAM and 6:45AM respectively ( +/- allowing for scheduling). Weekend service is also enhanced providing a second trolley and extending service to start at 8:00 am and end at 11:00 PM ( +/- accounting for scheduling). Staff is pleased to report this SFRTA Shuttle Bus Program has been funding similar transit programs, connecting downtown business districts with Tri -Rail Stations, in the regional effort to promote alternative commuter options to single motorist trips, historically resulting in long term funding for successful programs. REVIEW BY OTHERS The City Commission, at its March 19, 2013 meeting, approved staff to seek an agreement with the SFRTA to provide grant funding for transit service between Tri -Rail and the Beach via Atlantic Avenue. FUNDING SOURCE Trolley operations are funded through various grants administered through account 001- 3151 -545- 49.20, General Fund /Parking Facilities /Tri -Rail Trolley Services. RECOMMENDATION By motion, authorize the Mayor to enter in to to the referenced SFRTA funding agreement for transit services between Tri -Rail and the Beach via Atlantic Avenue. INTERLOCAL AGREEMENT Between CITY OF DELRAY BEACH And SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY For THE FUNDING OF SHUTTLE BUS SERVICE FOR THE DELRAY BEACH DOWNTOWN ROUNDABOUT This Interlocal Agreement (the "Agreement ") is being entered into this day of 2013, by and between the SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY, 800 NW 33rd St., Pompano Beach, Florida 33064 (hereinafter referred to as the "SFRTA "), and the CITY OF DELRAY BEACH, 100 NW I" Avenue, Delray Beach, FL 33444 (hereinafter referred to as the "CITY "). WITNESSETH: WHEREAS, the CITY currently provides two shuttle bus routes that serve downtown Delray Beach and the beach via Atlantic Avenue within the City of Delray Beach (hereinafter referred to as the "Downtown Roundabout Shuttle Bus "); and WHEREAS, SFRTA, as a regional provider of transit service, performs transit planning for the region as one of its functions, and has evaluated the CITY's existing two shuttle bus routes because the shuttles also serve SFRTA's Delray Beach Tri-Rail Station; and WHEREAS, based upon the evaluation, including a field review, on -board observation and counts of existing passengers, SFRTA operations staff has made recommended service modifications to the CITY to improve the productivity of the routes; and WHEREAS, SFRTA has determined, based on the proposed service expansion and existing ridership data, that the Downtown Roundabout Shuttle Bus performs very well with high rider - per -hour scores and benefits Tri-Rail ridership; and WHEREAS, SFRTA wishes to assist the CITY in implementing the proposed expansion of its Downtown Roundabout Shuttle Bus service on a demonstration basis for two years by providing funding to the CITY; NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, SFRTA and the CITY agree as follows: ARTICLE 1 — SHUTTLE BUS SERVICES 1.1 The CITY shall provide the Downtown Roundabout Shuttle Bus service based on the expansion of its service as identified on Exhibit "A" of this Agreement. 1.2 Although, SFRTA is providing funding for CITY's Downtown Roundabout Shuttle Bus, SFRTA is not contracting with the CITY for shuttle bus service and the CITY is not acting as a contract provider of shuttle bus service to SFRTA. The CITY shall continue using its own contractor and buses and retain total responsibility for the operation of the service. The CITY is also responsible for compliance with all local, State and Federal laws and requirements relating to the Downtown Roundabout Shuttle Bus. ARTICLE 2 — TERM OF AGREEMENT 2.1 This Agreement shall become effective upon execution by both parties. The term of this Agreement shall be for two (2) years commencing on July 1, 2013, and terminating on June 30, 2015. At the end of the demonstration period, service will be evaluated for continued funding. ARTICLE 3 — COMPENSATION 3.1 SFRTA shall provide operational funding for the Downtown Roundabout Shuttle Bus in an annual amount not to exceed $75,000 for Year 1 and $75,000 for Year 2. 3.2 CITY shall receive payment from SFRTA quarterly in an amount not to exceed one - fourth (1/4 1h) of SFRTA's required annual contribution within forty-five (45) days from the date of a receipt of an invoice from the CITY for services performed during the prior quarter. 3.3 SFRTA, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void and no money may be paid on such contract. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, SFRTA's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by SFRTA's Governing Board. ARTICLE 4 — PROJECT COORDINATION AND RESPONSIBILITIES 4.1 The CITY's Project Manager for this Agreement shall be the Parking Management Specialist of the CITY or a designee. SFRTA's Project Manager shall be Operations Project Manager, or other authorized representative. 2 4.2 In consideration of SFRTA's provision of funding for the Downtown Roundabout Shuttle Bus, the CITY shall provide monthly reports to SFRTA to enable SFRTA to report the Downtown Roundabout Shuttle Bus operating data as part of its National Transit Database ( "NTD ") reporting responsibilities. At a minimum, the monthly reports shall contain Daily Passenger Counts, Operator Manifests, Revenue Hours, Deadhead Hours, Monthly Revenue Miles, Deadhead Miles, Vehicles Operated, Fuel Gallons Consumed, Vehicle Maintenance Costs, and Number of Days Operated. The CITY shall provide such additional information as SFRTA requires it for its NTD reporting. NTD reporting data shall be transmitted to SFRTA within ten (10) calendar days from the last day of each month. ARTICLE 5 — INSURANCE 5.1 Insurance shall be provided by CITY's shuttle bus contractor, with the coverages and minimum limits contained in Exhibit B, attached to this Agreement. SFRTA shall be named as an additional insured on the contractor's Commercial General Liability and Automobile insurance policies. ARTICLE 6 - TERMINATION 6.1 If through any cause within the reasonable control of SFRTA, SFRTA shall fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants, agreements, or stipulations which are material to this Agreement, the CITY may thereupon give written notice to SFRTA of such default and specify what actions must be taken to cure said default to avoid termination hereunder. SFRTA shall have sixty (60) days to cure said default or such additional period authorized by the CITY. In the event that SFRTA shall not have cured said default to the satisfaction of the CITY by such deadline, then this Agreement may be terminated by the CITY upon notice of termination to SFRTA. 6.2 If through any cause within the reasonable control of the CITY, the CITY shall fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants, agreements, or stipulations which are material to this Agreement, SFRTA may thereupon give written notice to the CITY of such default and specify what actions must be taken to cure said default and avoid termination hereunder. The CITY shall have sixty (60) days to cure or additional period authorized by SFRTA. In the event that the CITY shall not have cured said default by such deadline, then this Agreement may be terminated by SFRTA upon notice of termination to CITY. 6.3 In the event either party terminates this Agreement for cause the terminating party shall have all remedies available to it under State law against the party being terminated and the party being terminated shall have available all rights available under State law to defend itself if the terminating party seeks to have any remedies opposed on it. 3 6.4 Termination for Convenience. Either party may terminate this Agreement, in whole or in part, for convenience, at any time by giving sixty (60) days written notice to the other of its intent to terminate for convenience. In the event the CITY terminates this Agreement or ceases to continue the expanded service for the Downtown Roundabout Shuttle Bus, SFRTA shall cease paying the CITY under this Agreement from the date the Agreement or the service expansion is terminated. ARTICLE 7 — CHANGES AND MODIFICATIONS 7.1 Upon the execution and delivery of this Agreement, it is understood and agreed that any and all previous agreements and understandings, both written and oral, between the parties are cancelled and have been superseded by this Agreement and that this Agreement embodies and sets forth all understandings between the parties. 7.2 Modifications to this Agreement must be made in the form of a written amendment signed by the CITY and SFRTA. ARTICLE 8 - NOTICES 8.1 Whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, or other commonly accepted document carrier, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: For CITY: For SFRTA City of Delray Beach South Florida Regional Attn: Municipal Services Director Attn: Director of Operations 800 N.W. 33rd Street with a copy to: City of Delray Beach Attn: City Attorney Delray Beach, FL 33432 Pompano Beach, FL 33064 with a copy to: South Florida Regional Transportation Authority Attn: Teresa Moore, General Counsel 800 NW 33rd Street Pompano Beach, FL 33064 ARTICLE 9 — STATE LAW AND VENUE 9.1 This Agreement shall be construed and interpreted according to the laws of the State of Florida and venue with respect to any litigation shall be Palm Beach County, Florida, whether in state or federal court. 4 ARTICLE 10 — FORCE MAJEURE 10.1 In the event the performance by the CITY of any of its obligations or undertakings hereunder shall be interrupted or delayed by any occurrence, whether such occurrence be an act of God, common enemy or the result of war, labor unrest or dispute, riot, civil commotion or sovereign conduct, or any other act or event which the CITY reasonably determines will interfere with its ability to perform, the CITY shall be excused from performance for such period of time as is reasonably necessary after the occurrence to remedy the effects thereof. In such event, SFRTA shall not be require to pay the CITY for the period of nonperformance. 10.2 In the event the performance by SFRTA of any of its obligations or undertakings hereunder shall be interrupted or delayed by any occurrence, whether such occurrence be an act of God, common enemy or the result of war, labor unrest or dispute, riot, civil commotion or sovereign conduct, or any other act or event which SFRTA reasonably determines will interfere with its ability to perform, SFRTA shall be excused from performance for such period of time as is reasonably necessary after the occurrence to remedy the effects thereof. ARTICLE 11 — SUCCESSORS AND ASSIGNS 11.1 Subject to other provisions hereof, this Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. ARTICLE 12 — JOINT PREPARATION 12.1 The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not be construed more severely against one of the parties than the other. ARTICLE 13- SOVEREIGN IMMUNITY 13.1 SFRTA and CITY each acknowledge the partial waiver of sovereign immunity for liability in tort contained in Section 768.28, Florida Statutes, and acknowledge that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or property damage caused by the negligent or wrongful acts or omissions of an employee acting within the scope of the employee's office or employment. The parties acknowledge that the foregoing shall not constitute an agreement by either party to indemnify the other, nor a waiver of sovereign immunity, nor a waiver of any defense that the parties may have under such statute, nor as consent to be sued by third parties. 5 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective date under each signature: SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY, signing by and through its Chair, duly authorized to execute same, and the CITY OF DELRAY BEACH signing by and through its Mayor, authorized to execute same by Council action on the day of )2013. ATTEST: City Clerk Approved as to Form and Legal Sufficiency: : City Attorney ATTEST: Executive Director (Affirm Corporate Seal) Approved as to Form and Legal Sufficiency: General Council Approved by City Council on _, 20_, Item 9 CITY OF DELRAY BEACH Date: Un Cary Glickstein Mayor SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY Date: LN Chair (Seal) EXHIBIT A DOWNTOWN ROUNDABOUT SHUTTLE BUS EXPANSION a m x x W Y Ln = N � 00 J �o I a 0 M a O c L 3 d N C: O L O 2 Z 76 O R ~ 'a d y O 00 3 , R C Vf O O Z > ° LLI V_ rn > LL. a 0 CC "' W 3 , Q W m � a g (@ Q O m r- � m � � a 3 Q H O M Q �o r- R � i d O Q O M Q �o r- c-1 N N N 4- 4- Y N Ln Ln J o w a 0 � a M �o a M r, L Vf Q 00 i 00 Z 2 O R cI -a to c I 3 C R Q O N O 0 Z a Ln W V_ M > LL a < Ln � W Ln G ,, a a r-! O d ~ � Ln O d � a Ln Ln a, r1 Q a Ln tA G LLn � a � d Ln Ln � d i c-I O � Q g a Ln cI N N N EXHIBIT B MINIMUM INSURANCE REQUIREMENTS Exhibit "B" Indemnification: VENDOR shall defend, indemnify, save harmless, and exempt the CITY, 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, or CRA, as set forth in Florida Statute 768.28. VENDOR agrees to protect, defend, reimburse, save, indemnify and hold the CITY, CRA, SOUTH FLORIDA TRANSPORTATION AUTHORITY, (hereafter SFRTA) 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, SFRTA and or COUNTY, or anyone acting under the CITY's, CRA's, SFRTA's or COUNTY's direction or control. The VENDOR further agrees to indemnify, defend, save and hold harmless the CITY, CRA, SFRTA 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, SFRTA 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, SFRTA or COUNTY. Any compromise or settlement of any claim or satisfaction of judgment by VENDOR for itself, CITY, CRA, SFRTA or COUNTY shall not relieve VENDOR of its 'obligations to any entity not included within or made a party to such settlement or satisfaction. 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, SFRTA 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. MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: Brian Shutt, City Attorney DATE: May 13, 2013 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF MAY 21, 2013 AGREEMENT/ ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES (ACCF) ITEM BEFORE COMMISSION Agreement between the City of Delray Beach and the Community Child Care Center d/b /a Achievement Centers for Children and Families (ACCF) for the Funding of a Summer Camp with Reading Enhancements to Help Further Third Grade Reading Proficiency through the Campaign for Grade Level Reading. The City will be responsible for fronting to ACCF Forty-Five Thousand Dollar ($45,000.00) on or before June 7, 2013 for the first reimbursable payment, with the remaining monies due to ACCF on or before August 31, 2013. The City shall be reimbursed for the funds by Palm Beach County via a voucher program that will reimburse the City at a rate of One Hundred Dollars ($100.00) per week, per student for up to eight (8) weeks for a maximum of one hundred and fifty (150) students. BACKGROUND The purpose of the attached Agreement between the City and ACCF is to provide for the funding and operation of the summer camp program with reading enhancements to take place at Pine Grove Elementary. The funding shall cover the costs of funding teachers, books, and supplies for the program. FUNDING SOURCE 118- 1931 -562 -82.09 RECOMMENDATION The City Attorney's office recommends approval. AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND THE COMMUNITY CHILD CARE CENTER FOR THE FUNDING OF A SUMMER CAMP WITH READING ENHANCEMENTS TO HELP FURTHER THIRD GRADE READING PROFICIENCY THROUGH THE CAMPAIGN FOR GRADE LEVEL READING THIS AGREEMENT is made and entered into this day of , 20137 by and between the COMMUNITY CHILD CARE CENTER d /b /a Achievement Centers for Children and Families, a Florida not - for - profit corporation, (hereinafter referred to as "ACCF "), and the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as "City "). WITNESSETH: WHEREAS, the parties desire to enter into this Agreement to provide for funding to further third grade reading proficiency through the campaign for grade level reading implemented by a Summer Camp with Reading Enhancements; and WHEREAS, the parties support collaborative initiatives between the City, and ACCF to provide additional learning and development opportunities for children during the summer to help stop summer learning loss. NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants herein set forth, the parties hereby agree as follows: ARTICLE 1: GENERAL Section 1.01 The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02 The purpose of this Agreement is to provide for the funding of a Summer Camp with Reading Enhancements to further third grade reading proficiency through the campaign for grade level reading implemented by a summer camp to be operated at Pine Grove Elementary located at 400 S.W. 10th Street, Delray Beach, FL 33444 ( "Pine Grove "). The focus of the program shall be to help stop summer learning loss in students from kindergarten through 3rd grade, however 4th and 5th grade students may also be included if there are enough available slots available in the program. The parties recognize that operation of the Pine Grove Elementary site is governed by a separate Tripartite Agreement between the parties and the School Board dated March 21, 2013. ARTICLE 2: FUNDING Section 2.01 The City agrees to fund the Summer Learning Program at Pine Grove Elementary on a reimbursable basis with ACCF fronting all costs for operations. Section 2.02 The City shall reimburse ACCF as follows: A. The City will collect funding vouchers from Palm Beach County and will reimburse ACCF based on payments received from Palm Beach County to the City in the amount of One Hundred Dollars ($100.00) per week, per student, for eight (8) weeks, for a maximum of one hundred fifty (150) students. B. The City will reimburse ACCF for qualifying students based on their weekly attendance in the summer camp. C. The City shall reimburse ACCF two (2) times during the summer camp as follows: 1. The first reimbursable payment of approximately Forty -Five Thousand Dollars ($45,000.00) from City to ACCF shall be made on or before June 7, 2013; and 2. The second reimbursable payment of the remaining balance from the funding voucher collected from Palm Beach County to be determined based on student attendance from City to ACCF shall be made on or before August 31, 2013. Section 2.03 The City shall pay ACCF the above - referenced funds, as they become available from Palm Beach County. ARTICLE 3: LIABILITY /INSURANCE Section 3.01 City agrees to be responsible for all claims and damages, to the extent and limits provided in § 768.28, Fla. Stat., arising from the actions of its respective agents, officers, elected officials and employees. The parties acknowledge that the foregoing shall not constitute an agreement by City to indemnify ACCF, nor a waiver of sovereign immunity, nor a waiver of any defense the City may have under such statute, nor as consent to be sued by third parties. Section 3.02 With respect to use of Pine Grove Elementary under this Agreement, the City shall be responsible for providing insurance as required by Palm Beach County's Summer Camp Scholarship Program as follows: A. The City shall be responsible for providing to Palm Beach County proof of General Liability (including Participant Accident Insurance) and Automobile Liability with coverage limits of $200,000 per person and 2 $300,000 per occurrence; or such monetary waiver limits that may change and be set forth by the Legislature. B. The City shall be responsible for providing to Palm Beach County proof of third -party Commercial Liability (including Participant Accident Insurance) and Business Auto Liability Insurance in lieu of exclusive reliance of self - insurance under § 768.28, Fla. Stat. City shall maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. C. City shall be responsible for providing to Palm Beach County proof of Worker's Compensation & Employer's Liability insurance in accordance with Chapter 440, Fla. Stat. D. City shall be responsible for providing an affidavit or Certificate of Insurance evidencing insurance, self- insurance, and /or sovereign immunity status to Palm Beach County Division of Human Services Summer Camp Scholarship Program for the above mentioned coverage. ARTICLE 4: TERMINATION Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by any party: (i) without cause upon ninety (90) days prior written notice to the other parties. ARTICLE 5: NOTICES All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: If to City: Louie Chapman, Jr., City Manager City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, FL 33444 If to Achievement Centers for Children and Families: Nancy Hurd, Chief Executive Officer 555 N.W. 4t" Street Delray Beach, FL 33444 Any party may, from time to time, change the address to which notice under this Agreement shall be given to such party, upon prior written notice to the other parties. 3 ARTICLE 6: GOVERNING LAW AND VENUE This Agreement shall be construed and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. ARTICLE 7: NO THIRD PARTY BENEFICIARIES This Agreement is made solely and specifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third -party beneficiary or otherwise. ARTICLE 8: EFFECTIVE DATE /TERM This Agreement shall become effective when signed by each of the parties, approved by the City, and ACCF. ARTICLE 9: NO AGENCY RELATIONSHIP No person employed by any party to this Agreement, shall in connection with the performance of this Agreement or any services or functions contemplated hereunder, at any time, be considered the employee of any other party, nor shall an employee claim any right in or entitlement to any pension, worker's compensation benefit, unemployment compensation, civil service, or other employee rights or privileges granted by operation of law or otherwise, except through and against the entity by whom they are employed. IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk Approved as to Form: City Attorney IN 12 Cary D. Glickstein, Mayor ATTEST: Print Name: ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES By: Nancy Hurd, Chief Executive Officer MEMORANDUM TO: Mayor and City Commissioners FROM: David A. Boyd, Finance Director Rebecca S. O'Connor, Treasurer THROUGH: Louie Chapman, Jr., City Manager DATE: May 15, 2013 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF MAY 21, 2013 RESOLUTION NO. 29-13 ITEM BEFORE COMMISSION Request approval of Resolution No. 29 -13 which amends Resolution No. 47 -08. Resolution No. 47 -08, adopted on September 16, 2008, authorized the issuance of up to $3,000,000 Delray Beach Revenue Improvement Bonds (Taxable) (the "Bonds ") for the Old School Square Retail Project. This amendment (Resolution No. 29 -13) is for the sole purpose of extending the maturity date from June 1, 2013 to September 1, 2013. BACKGROUND The $3,000,000 Delray Beach Revenue Improvement Bonds, Series 2008 mature June 1, 2013. The future sale of the Old School Square retail space will be used, in part, to pay off the debt. An extension is necessary since the sale will occur after June 1, 2013. TD Bank has approved extending the maturity date from June 1, 2013 to September 1, 2013 and is going through its approval process to extend the maturity for another three year term. We will come back to Commission to request approval of that extension as well. The current taxable rate from TD Bank is .825 %. For comparison purposes, Bank of America's current short term taxable rate is 1.70 %. [Bank of America was the 2nd low bidder on the $22,250,000 Line of Credit that closed April 30, 2013; TD Bank was the low bidder.] RECOMMENDATION Recommend approval of Resolution No. 29 -13 extending the maturity date of the Delray Beach Revenue Improvement Bonds, Series 2008 from June 1, 2013 to September 1, 2013. RESOLUTION NO. 29 -13 A RESOLUTION OF THE CITY COMMISSION (THE "COMMISSION ") OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 47 -08, ADOPTED BY THE COMMISSION ON SEPTEMBER 16, 2008, AUTHORIZING THE ISSUANCE OF DELRAY BEACH, FLORIDA REVENUE IMPROVEMENT BONDS, SERIES 2008 (TAXABLE) (THE "BONDS ") FOR THE SOLE PURPOSE OF EXTENDING THE FINAL MATURITY OF THE BONDS TO SEPTEMBER 1, 2013; AUTHORIZING THE PROPER OFFICERS OF THE CITY OF DELRAY BEACH, FLORIDA TO DO ALL THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH SUCH AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 16, 2008, the City Commission (the "Commission ") of the City of Delray Beach, Florida (the "City ") adopted Resolution No. 47 -08 (the "2008 Resolution ") for the purpose of authorizing the issuance of not exceeding $3,000,000 of City of Delray Beach, Florida Revenue Improvement Bonds, Series 2008 (Taxable) (the "Bonds ") to finance certain costs related to the City's Old School Square Parking Garage, as described in such 2008 Resolution; and WHEREAS, on September 26, 2008, the City issued the Bonds in the aggregate principal amount of $3,000,000; and WHEREAS, TD Bank, N.A. (the "Owner"), a national banking association, purchased all of the Bonds from the City; and WHEREAS, pursuant to the terms of the 2008 Resolution, the Bonds mature on June 1, 2013 (the "Original Maturity Date "); and WHEREAS, subject to the written consent of the Owner, the City hereby determines it is necessary to extend (the "Extension ") the final maturity of the Bonds from the Original Maturity Date to September 1, 2013 (the "New Maturity Date "); and WHEREAS, subject to the written consent of the Owner, no other terms of the Bonds or the 2008 Resolution will be subject to change as a result of the Extension. NOW, THEREFORE, be it resolved by the Commission as follows: Section 1: Recitals. The Commission hereby finds the above recitals to be true and correct except as provided in Section 4 below and incorporates such recitals into this Resolution as if set forth verbatim. Res. No. 29 -13 Section 2: Extension; Remaining Bond Terms. Subject to Section 4 below, the Commission hereby amends the 2008 Resolution solely to accomplish the Extension; namely to extend the final maturity date from the Original Maturity Date to the New Maturity Date. Subject to Section 4 below, all other terms of the 2008 Resolution and the Bonds shall remain unchanged as a result of the Extension. Section 3: Additional Authorization. The members of the Commission, City Staff and Agents of the City are hereby authorized to do all other things deemed necessary and proper to effect the Extension. Section 4: Effective Date: Notwithstanding the date this Resolution is adopted, this Resolution shall not take effect until the Owner has provided its written consent to the Extension and the provisions of Section 2 hereof in substantially the form attached hereto as Exhibit A. PASSED AND ADOPTED in regular session on this 21st day of May, 2013. Mayor ATTEST: City Clerk Res. No. 29 -13 EXHIBIT "A" CONSENT OF TD BANK, N.A. The undersigned is authorized to execute this consent on behalf of TD Bank, N.A. (the "Bank "). The Bank is the registered owner of 100% of the City of Delray Beach, Florida Revenue Improvement Bonds, Series 2008 (Taxable) (the `Bonds "). The Bank and its counsel have reviewed the adopted version of Resolution No. 29 -13 (the "2013 Resolution ") adopted by the City Commission of the City of Delray Beach, Florida on May 21, 2013. The Bank hereby consents to extending the maturity of the Bonds from June 1, 2013 to September 1, 2013 and consents to the other terms of the 2013 Resolution including, but not limited to, the terns of Section 2 thereof. IN WITNESS WHEREOF, I set my hand this � `/ day of May, 2013 TD BANK, N.A. By: Name: 4, (c C Title: V , L. Q 16A A WPe 383019521 x21018787.012300 Acs. No. 24 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: May 15, 2013 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF MAY 21, 2013 SPECIAL EVENT REQUEST/ 4TH OF JULY FESTIVITIES ITEM BEFORE COMMISSION City Commission is requested to endorse the 4th of July Festivities, grant a temporary use permit per LDR's Section 2.4.6(F) for the closure of Atlantic Avenue from the east side of NE /SE 7th Avenue to Ocean Boulevard and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard from approximately 2:00 p.m. to midnight, to waive City Code of Ordinances Section 101.25, "Commercial Enterprises ", and Section 101.32, "Assemblies ", to allow assembly on the beach and vendors, and to allow all beach parking lots to remain open to approximately midnight. Commission is also requested to provide staff support for security and traffic control, street barricading and banner hanging, large stage set up and use, EMS support, use of City generator, signage, and clean up and trash removal. BACKGROUND Attached are the event permit, budget, site plan, draft activity schedule and economic calculator for this event. In addition, we have prepared a cost comparison between 2012 and 2013 for City costs. The 4th of July Festivities is sponsored by the City through the Parks and Recreation Department in partnership with the Delray Beach Marketing Cooperative. The Parks and Recreation Department is responsible for event management, planning, and coordination of staff support. The Delray Beach Marketing Cooperative contracts with the fireworks vendor for the display and with entertainment, assists in fundraising, helps obtain sponsors and vendors, develops and delivers promotional materials, and obtains and coordinates media coverage. The Delray Beach Marketing Cooperative staff continues to try to raise funds to offset the costs other than City staff and equipment costs. The draft event activity schedule is attached with fireworks beginning at approximately 9:00 p.m. This year the fireworks are again proposed to be staged on the beach, but south of Atlantic versus north since this section of the beach is wider. The cost of the fireworks display and other costs (except City overtime) are approximately $59,000. The City contributes $38,000 to the Delray Beach Marketing Cooperative to help offset the costs of the fireworks display. In addition, overtime costs for staff support are estimated to be approximately $25,134 and are paid for through the City departmental budgets. Barricade rental, portable lighting, crowd pleaser and port-a -let rental costs and sound equipment rental costs are approximately an additional $15,810, which are also paid for by the City since this is a City sponsored event. Liability insurance is assumed by the City. RECOMMENDATION Staff recommends approval of the event, the temporary use permit for street closure, waiver of City codes to allow assembly on the beach and vendors on A -1 -A, approval of parking lot closure extension, and staff support as stated. City of Delray Beach DEERa1, .. . Special Event Pemit M Atrserzcaei Application � REVISE-) 11.2.1 i PLEASE TYPE OR PRINT 1993 2001 Event NameCT.i #le: ky-'. +� Event Date(s): Ll is 201 Times; ,vUf?m — �. Cr���• Renuestinoy street closure: . ves no Event Sponsor/Producer: Event Contact/Coordinator: I Name: �.�•,��._ ��.r c.L. Telephone Number: Cellular Number: E-mail Address. lrc� Cofyk Event DeseriptioruTwpose: Brief History, of Event (if applicable): Planned Activities (Outline of activities /number of activities, i.e. en ertainment, cjjildren's rides, games, other programs): w- �.� 4����� � �h C' 16 � 5 , . lF�) iit.,01 *'r5 rov- � Page I of 5 Z00Q� HOVEM 7iV2i'IHa 9S�O 9LZ T92 YVd Y51ZZ CTOVOC/VO Page 2 of 5 Number of Individuals Served Previous Year (if applicable): "000 - 12124 c Describe the targeted population and expected attendance: T -A Describe how the program or project addresses community needs: c o lg-r, , :�4 Describe your Marketing/Promotions Program (How will you tnarket /promote, i.e. TV, radio, posters, flyers, web sites, other): 5cr1 -- S 1k1 A- I CG�s t t it Exx'(") a 1. l�G.� L_ /jfJj ✓OSk'r� r l: It C"a 5 g_5- 5 Sponsor Category (please check) City Non-Profit/Charitable ❑ Private to Co- ponsor -- Non- Profit/Private ❑ (If Nort profit attach proof of 501c(3), c(9), c(S), C(10), or c(19) or (d) Event Location (Describe area boundaries of event/location): 'SPc S k1 c- Site plan attached: yes ✓ no (Site plait required for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no (If yes, attach proof of approval) Rental of Old School Square Park: yes no (If yes, attach proof of rental agreement with Parks & Recreation) Private Property Use: yes no ✓ (If yes, attach letter giving authorization froth property owner) Event budget Revenue & Expenses attached: yes no (Required for all events) U:1N %vdatalSpeciit Event RequeiMpeeiat Event Permit Application REVISED FINAL FYI 0 -1 1(3)Aoc Previous year Revenue/Expense summary attached: yes L� (Required for all events) Arts and Economic Impact Calculator attached: yes no Obtained on line at www.AmericansForTheArts.org (Required for all events except mirror events and 5K Runs) Do you have cash sponsors for the event: yes_ no. (Indicated on budget) Do you have inkind sponsors for the event: yes no (Indicated on budget) no Page 3 of 5 Serving or selling alcoholic beverages: yes ✓ no If yes, what entity is obtaining the Alcohol License permit? (If yes, copy of license and alcohol liabiti y irrsuraiaee rerltrire� tsva (2j iveelts prior to event) l -A Event certificate of insurance attached: yes no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: yes no (Waiver required) f Will there be entertainment: yes no (If yes, attached list of Performers and /or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no Requesting Police assistance: yes no (traffic control /security) Will supplement with private security: yes no (If yes, need plan attache(l) / Requesting Emergency Medical assistance. yes 1/ no Requesting barricade assistance: yes no (If no, how are you handling ?) Requesting trash removal /clean up assistance: yes no (If no, how are you handling ?) Requesting trash boxes /containers and liners: yes no Requesting stage use: yes no (Tf yes, check type) Large stage (14' x 36') small stage (16' x 21') o Half sinall stage ($' x 21') o W %%'%YdM\Speeial Event Requost\SNelat Event Pennit Appiicalion REVf3ED FINAL FY 1041(3).doc Page 4 of 5 Requesting signage: yes ' no Type: 4'x4'li vent sign Parking Signs Banner hanging V Indicate dates required (Waiver required if more than llvo (2) iveekprior to event) Requesting City Portable Generator: yes ✓ no (If yes, size & power) / Food and beverage vendors: yes no- If yes, approximate number 11-51 - (Health Department approval required) yes no_ Other vendors: yes ' no (Indicate type) 2-cAeA Tents: yes `_ no If yes, How many 2 o - y v What size or size required P O >� l D (If yes, teat permits and fire inspections may be needed) Will the event include amusement rides: yes ✓ no (If yes, type and location and copy of liability insterance required, also requires state license and inspection.), 4) r Lee �.r, , c -Q Will the event be gated: yes no (Show on -site map) Will there be a charge for the event: yes no (If yes, indicate ticket prices) $ Will there be fireworks or other pyrotechnics: yes no (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes ✓ no (If yes, contact Fire Marshal for inspections) Will you be providing port -a -lets for the event: yes ✓ no (If yes, locate on-site snap. If no, indicate ho►v you will handle restroom needs) Is reserved parking requested: yes no xz (If yes, indicate locations attd purpose for rise) U:1v«vditWSpecN1 E=vent ReguesttSpeclal Event Permit Application REVISED FINAL FYI 0 -t 1(3).doc Page 5of5 Event Permit Attachments; f Revenue /Expense Budget T Revenue/Expense Recap Last Years Event Site Plan Arts and Economic Impact Calendar Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages grA- Proof of Non - Profit Status r General Liability Insurance Certificate Alcohol Beverage Liability Certificate �) Proof of Rental Agreement or Authorizatiori Letter from Private Properly Owner r Hold Harmless Agreement, notarized. Submittal Date Requirements; Minos Event da days prior to event • Intermediate Event 90 clays prior to event • Majok• went 120 days prior to event • Neighborhood Block Party 30 day9 prior to event Event Contra tot-/Coordinator Please print, A-0- e' / 3 D to Please enclose the appropriate non - refundable application fee payable to the City of Delray Beach, 100 N.W. I" Avenue, Delray Beach, Florida 33444. Required with permit application. ~ For staff Use Only Date Received Application fee received �✓ U,Iww' MMSpeciai EventR arresil5pecial Fycnt Permit Application REV[SED FINAL FY10- 1L(3)aloe Coo in HOV38 AVYIEW S220 RLZ T99 YU P2:99 CTOUOUPo r X �3 "i L .4 .5 Q U +, #, cc tC 0 co d iii Q CL t4 N iv cti O U LL 13 w .r 3 X G7 L CD U to i A � tv U X 3 E °a� -c 0 c' ��❑ as C � r 0- _ O CL O to -0 to "r 0 cz Q cz E a «- N U Q X G7 L CD U to i A O Q _ s Q L O O -0 +-j • �J O L N O � 4-J Ln z u p E O-0 w a w t-6 o- � �Q Q ; ca ca Q O U E - i ca a--+ m +� W N O O .� m O X 4-1 v ca Q o �� o Q �' 4-J O U O u a", N 4-J 0 _0 k N •L Lfi =3 -6 L/) ca ca 0 N ■ %fig � + F _ " f Ao Y o Ir jr _ t + 4 i y+ a � � 1 ., L O O N U L ) tw Q a_+ E �E ClA C6 O � � M O O �� O N O C: N O cn cn � ca ., C pL � pa � O IIl U � L O n ro � r CL L u rc ro N FAl 0 ti U !t 3 y ? y a � cm rq N f7 0 'y L15 r O N O 0 T� cT O p} a cq o o —I rn o O O O O G d O O C ci D 0 � Qp o Ci d' c� O N ti O Qy O � O W U'f N P Lr1 LM N O Qti Lri Ln O O O i� M OG +^I W 4 O �: d O o c o W + a o o a n N a MO M +-� M O M N N W N � n {Q I O O O O O O O O O O O O O ¢ O O O O O O C O � ¢ ¢ O iQ O t O IC O 'G O O O C7 O O O ¢ ¢ IO ,O o O p C t7 Cr O ¢ O O C LM Lr1 N W T +-i L4 O o Q 0 c C Ln 0 O ¢' ¢ C o o O O M L7 N co Idt M a�f M co I 0 o a o ry Lf] �A 4 M Q -I Q ¢ %o O O O N V- Ln to O O Q O O �r .-I }-I N N .� er rr v N c v oa •--� I�r to v lD er 10 ¢ oo .--I .-i .-I N tp �D L9 co v �r U W LL C Lin CL c LL CL Q d] a as N L v o_ N QJ 31 c 0 L y CL) N cu cu 07 y t9 l� LL �+ 2 a L 0 y 0� m a o N a� L a LL ©L U c C ° C as rip °r 0 I a'+ O ro v L LJ ca o� Y C U !� O Cf7 L c a c y a w N 0 c Q V7 m u y N a �' 0 ci c Q a m 0) 2L c a a ro o Q —° c cp Q ur a i c as U CL W C Q a o c L t L D U C3 U O S G1 R 01 Ln C 0 Li) � rp a Ia e +�+ c U U a z N Q, a,� c0 E a 4 w ro = ro o m rya rya O O j in O > �I O ra o �_ ccpp Iy N f7 0 r O N O 0 T� cT O p} a cq o o —I rn o O O O O G d O O O ci D 0 O Qp o Ci d' c� O N ti O Qy O � O W U'f 4 P Lr1 LM N O Qti Lri Ln O O O i� M OG +^I W 4 O �: d O o c o W + a o o a n N a MO M +-� M O M N N W N {Q I O O O O O O O O O O O O O ¢ O O O O O O C O Q O ¢ ¢ O iQ O t O IC O 'G O O O C7 O O O ¢ ¢ IO ,O o O p C t7 Cr O ¢ O O C LM Lr1 N W T +-i L4 O o Q 0 o C Ln 0 O ¢' ¢ o o O O M L7 N co Idt M a�f M co I 0 o a o ry Lf] �A 4 M Q -I Q ¢ %o O O O N V- Ln to O O Q O O �r .-I }-I N N .� er rr v N c v oa •--� I�r to v lD er 10 ¢ oo .--I .-i .-I N tp �D L9 co v �r U W LL C Lin CL c LL CL Q d] ¢ 4W 3 co N L v o_ N QJ 31 c 0 N CL) N cu cu 07 y t9 l� LL �+ 2 a L 0 y 0� m a o N a� L a LL ©L U c C ° C as rip °r a'+ O ro v L LJ ca o� Y C U !� O Cf7 L c a c y a w N 0 c Q V7 m u y N a �' 0 ci c Q a m 0) 2L c a a ro o Q —° c cp Q ur a i c as U CL W C Q a o c L t L D U C3 U O S G1 R 01 Ln C 0 Li) � rp a Ia e +�+ c U U a z N Q, a,� c0 E a 4 w N f7 0 a Ln m w � � 3 U � rn L o o r, o V p p G C 0 0 Ln M C o y.e In y M .l C . tII a o n N o a C 0 ro O 0 td h C C L Q C o R hf � o v v © O UPS o o � 0 o7 O Ln N o r� �o L ra � CU o O rn L o o r, o V p p G C 0 0 Ln M C o y.e In y M .l C . tII a o n N o a C 0 0 O 0 td h o C Q C o R hf 0 o v v © UPS o o Lri 0 o7 O Ln o r� �o L ra o O Lp M 7 = q Le) C tfpp N cNfpp Cfl Ldtpp h trLAp v Y f�p rr h C z C� 7 O o M O m O M in in rB in m Ul b Lero 'f rrn Ul O *o E cfi 'V- .-y C In di C N o Yf y O rN9 rru . ro h d aY* M N R C C C O CL C v X C ` L CO � 7 cu zs w p co I-- LL CC C �t�� tpp 7p V rz Ln � m Q 4 ee � co N Qy C O fB 7 RAJ y = U CYJ cc L CU p' — — — nei q �' 7 ru VD f" +fir y Q IV 'v CO aJ CV ,X ti O C Ip G FA 0 o o r, o V p p G C 0 0 Ln M C o y.e In M .l C . tII a o n N o a C 0 0 O 0 td h o Q o R hf 0 o v v © C o o Lri kn o7 O Ln o r� �o o O Lp M Q Ln q C O C''1 h . Ln h � v CY7 +--r rr h C R C� o M N O M cc .--+ O N l0 M O 01 'V- .-y C In LfS N Yf y O M h d h M N R L CO L+i N co LL CC C Ln � m R 4 ee � t N Qy C O fB 7 RAJ y = O cc L CU p' nei q �' ru VD f" +fir y Q IV 'v CO aJ CV ,X ti O C Ip G O O O O q p O O �q C C O O O O O O O O q O O m q O Q d •C C O O O Ca C O O p O q p C q O O p i� Ci O _ m C7 O O O G O C C7 O O 4 C O u p p q ro o ro h A O 1=1 C O d Q O U D O c $ o a a N n a p Ln a o Ln n Ln cn ii c oLn a e+n � I 0 °w a a I I q CD C O O 'C7- lf'! Ln %9] co O O O N 4 C C Ln —r M t6 V" - ,..c ti N f•'S fn M M M M M Ln P q V' Q 'Q' h 0 y.e y Z L C1t Q y N U- Yf y O cgs R L CO LL CC C Ln � m R 4 t N Qy C O fB 7 RAJ y = O cc L CU p' nei �' ru VD f" +fir y Q IV 'v CO aJ F ,X ti O C a. -2 •. Q �° _ m cu u - w¢ ro ro A Ln `O U D O c $ Ln cn ii a h 0 U C m a n � G O N fl' ¢ t N V ro O N m D C a H 7 L"1 '1 c sn � O N w tl7 � CM g3 K rl O 1m I _ _ - {- _, �`� Imo• 7v. r _ k� It _ _ v- S` I` 00 C O C7 C O O O p lr7 r, ;r C V) Ln N O N tD M C p C7 n O C n CJ Q C n LR f� �i7 M O O C C7 co o;l O L11 a O O C) O C! O N Lm m Ln m 61 ri O N 'V' Ci w 47 q C7 Lr1 O M .� 01 L17 N . N M N V = N 9� N R Ln a I o Ll L r N I N co N cc Ln f'S r•'+ 'fl � Rr -i I I I I I i © O O o 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0' O O C7 O C5 a 0 0 0 0 0 0 Q o 0 0 0 0 a a o ,0 0 a c o 0 0 o N O Lr LrL N o LM � M Q o ,N 0 C O 0 0 © 0 0 0 0 0 lor r SY M I;r 4 O vi O O O LD U15 C U G 'D m G.7 Ll C U C C m ° ¢ rz y rp b Z3 �fpo�p N as p �oA• JJ o] . 41 dC,1 C aa'i O O P Cp Zn C c a v C In C Lr� Lei p v C7 ru }y O M 111 in 7 `� � '� ° V C C7 O f6 C Lu i d U N p '1 c sn � O N w tl7 � CM g3 K rl O 1m I _ _ - {- _, �`� Imo• 7v. r _ k� It _ _ v- S` I` 00 C O C7 C O O O p lr7 r, ;r C ,--i Ln N O N tD M C p C7 n O C n CJ Q C n LR f� �i7 M O O C C7 co o;l O L11 a O O C) O C! O N Lm m Ln m 61 ri O N 'V' Ci Q 47 q C7 Lr1 O M .� 01 L17 N . N M N V = N 9� N R Ln I o Ll L r N I N ti N cc ^ f'S r•'+ � Rr -i I I I I I i © O O o 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0' O O C7 O C5 a 0 0 0 0 0 0 Q o 0 0 0 0 a a o ,0 0 a c o 0 0 o ca Q o o M Q o ,N 0 0 0 0 © 0 0 0 0 0 f� 11'1 SY M I;r 4 O vi O O O LD CT M W r, M ` ^' C7 O LO O C Ui ID Lr� Lei M 111 f V 11'i M N N I i Lf7 G o O O .--� .-� •--r Ln .--i 1 Ln O •-� Ln G •-� Ln ID tl` Ln C'"f +--� Ln +-I tD LLJ O .ICJ C, ..•1 N �+ N .--� N —i t`1 .y n N d N .-L N N N N N Cf' C* 7 � Z G' *'1 Ln Ln Lr1 LC7 Ln Ln c1'1 Ln Ln Ln LM Ln Ln tf1 d C LL C a L a IA w C i G ah U ' V pCj CL Ln a y N = w y _' � r lL W t u u � CL •C c aF c cu a1 C is x c a..+ •`� C 17 Ln d w �e o aJ c G t is Ip ro c w a c a�i U ±' C 6 Js i LI) 47 4LelT :+ RS c a w a 1 v rt a m w U u V © C3 ro Ln ro Q. � o y to o ► a rn m sx x LLI a Li Sm U � P rL ro n r� m �Y L N u o N N G O T+ a Q a� CL M R � e�9 � o o � Q � O qy o 41 Il9 I1D 'a e (� a-q [`E u i f c Z' Lr �i Q C © N q b Q o a N C Q a a to - °o °o Q --� P N Q C fl N O Q C � LO C ! C -y O 7 0 m Q C O C l0 Ln 1� Ln Wf .y CJ M *-� Ln C C Ln Ln O D �1 C r, G n6 O 4 C o O C C n P ON -4 4 .0 Ln C it C l!7 W N Q '1f] N uQ''a lNn Q Lr) LaS Q o IC C pl lff ? u � M Ln fl) OQi 'c l�O R W Loft °' w m CU c P IM L!'7 i P ¢ LZ , v C N 3 c O N G CA N IS do G O U uP^ O V_ IL W 1 n O' a ` a`P pl C CL c to tlJ u C7 V7 LY_ IIJ C C = C 7- I� 7 =� N 4 W I'O @ U1 +R+ L C 4J yU_ L y R z c c °� .Y 0 N c2i w l x Lu v a a x rl v .� c� 4) E = V w v c N � o c F w 'a � � ,� c i e W N u N Y rp L G to 2L j C v Vy P 4 i �p Da Q 'LT v C Vi cC - C IL C.3 A. Q Q U t� W �! d In VCI H' 11� aRa �` L J U ti Q V ti r a d 3 � C U N v v > > 'C C v v > v 7 v C r a U u s a Q o L QF b I b Q O Z7 Ill t��.- L -b p j r 2 = M R � e�9 � o o � Q � O qy o 41 Il9 I1D 'a e (� a-q [`E u i f c Z' Lr C o Q C © N q b Q o a N C Q a a to - °o °o Q --� P N Q C fl N O Q C � LO C ! C -y O 7 0 m Q C O C l0 Ln 1� Ln Wf M CJ M *-� Ln C C Ln Ln O D �1 C r, G n6 O 4 C o O C C n P ON -4 4 M Ln C it C l!7 W N Q '1f] N uQ''a lNn Q Lr) LaS Q o IC C pl lff ? N � M Ln fl) OQi 'c l�O W Loft °' w C o Q Q Q a o 0 0 o a o o Q a a to - °o °o Q Q o Q o 0 0 0 0 0 0 o © o° O M 0 Ci © 0 0 o G 4 C o 0 0 0 d p C o o O 4 C o O C C n P O 4 b Q in Q O G O Ln C l!7 > 4 Q '1f] Ln Q O IC C pl lff ? N � M Ln W Loft °' w V CU c M [� v] rq -a C5 C ifs IN Ir V Ln T 7 N G N N �i . C C +-i --� N M Lr, u1 I� � O� Q w C o +-i N 4C .-w N N N N N ,-a .a' -4 � .--I � •--� IC. Lr, Cp Ln Ln Ln Ln Ln Ln Q w a D m n to to la OG LNn Nn LNr �p G C in > u Ln a pl ? V) W °' w V CU c P IM L!'7 i P ¢ LZ , v C N 3 c O N G CA N IS C G O U uP^ O V_ IL W 1 n O' a ` a`P pl C CL 3 U _ to tlJ u C7 V7 LY_ IIJ C C = C 7- I� 7 =� N 4 W I'O @ U1 +R+ L C 4J yU_ L y l^ z c c °� .Y 0 N c2i w l x Lu v a a x rl v .� c� 4) E = c m w v c N � o c F w 'a � � ,� c L e W N u N Y rp L G to 2L j C v Vy P 4 i �p Da Q 'LT v C Vi cC - IL C.3 A. Q Q U t� W �! d In VCI H' 11� aRa �` L J U ti Q V LU r., P A {71 U w 3 J N R R N u -1 V a -4 N rq w e ti C7 C4 Cc G N rS e+l Q N 4 U p G I�� z �� V � 9N �r �n ���� 6 E ���� �1;Z5 p- I "I -I" �I Az I o ' O C O LO O M N Q 0 i r q Qi Cil Q O� N p 4^. N p O1 > ,--� o Ln 1� N d1 Ln f, °d p O p N M +--i .-�. E ,--� f� 4 •--� I , 1� p E Cr1 fb N r,4 N M Ln C7 M m DR La V- Ln l0 • � Ln n U N 16 11'7 01 y .--i rB Q Cl C ly W ° �' *� NZ r v w N � m U1 in t0 th Ln Ln LL OZf LA L7 LM I� 'N C � h r� In 47 a W 7 W �y In t7f a1 C dJ r0 RS H a Lu r m I:� y N M1.' �9 j, N tC3 tC R7 N �6 r9 i I m 41 4J 0 to 0 QJ 2] W aJ }, 47 QJ tlJ pJ }, L QJ QJ QJ QJ N Q) dJ o d 0 0 0 LZ E L a3 0 0 0 0 0 0 0 0 a c o o o p p o 0 o c? 0 Q o o o LM o o o 0 o d o 0 0 0 ,o 0 0 0 0 0 o p 0 o O_ Ln ca i m !I= n o Ln qq�� Ln o 0 0 o O Ln o C� 0 Ca o 0 Ln o Ln c o 0 0 N .� u ;� x� LQ •e V, ,--i T CD N 0 C M M C1 co N O L,J 10 o In N O Q Iz a1 Y . oS G dS W UJ 2 f aL i v {ES I c C '� V U u n V U y O CL ; V U U V p m Cl j O Q 0 j a1 2 2 E 7 W r0 -0 "O � L Q v '.! —CTV 'C —, G. Ln Li LL. Q Q U 1= W 1 :� o Ln 0 n N 0 o a a o z = n G I�� z �� V � 9N �r �n ���� 6 E ���� �1;Z5 p- I "I -I" �I Az I o ' O O O LO O M N Q r q Qi Li Q O� N p 4^. N p O1 N ,--� o Ln 1� N d1 Ln f, °d p O p N M +--i .-�. N ,--� f� 4 •--� I , 1� p Cr1 fb N r,4 N M Ln C7 M m DR La V- Ln l0 • � Ln n Ln N � 11'7 01 y .--i Q Cl C ly W �' *� NZ N v w N � m U1 t0 th Ln Ln LL OZf LA L7 LM I� 'N C � h r� In 47 a W 7 W �y In t7f a1 C dJ cn H a Lu m m I:� c a m c I m 0 0 o 0 to 0 0 0 0 0 0 o 0 0 0 0 0 0 o '0 p o 0 o d 0 0 0 LZ E L a3 0 0 0 0 0 0 0 0 a c o o o p p o 0 o c? 0 Q o o o LM o o o 0 o d o 0 0 0 ,o 0 0 0 0 0 o p 0 o O_ Ln ca i m !I= n o Ln qq�� Ln o 0 0 o O Ln o C� 0 Ca o 0 Ln o Ln c o 0 0 N .� u ;� x� LQ •e V, ,--i T CD N 0 C M M C1 co N O L,J 10 o In N O Q Iz a1 Y . oS G dS W UJ 2 f aL i v {ES I c C '� x n G I�� z �� V � 9N �r �n ���� 6 E ���� �1;Z5 p- I "I -I" �I Az O O I ' r cn G L m y Ln C N ly W �' m w N � � to a LL OZf C Q1 LM N C � h r� In 47 a W 7 W �y In t7f a1 C dJ cn H a Lu m m I:� c a m c a m to E ? a°J y co L, v E �` m � � jA uO � C O 0 a LZ E L a3 v Q .Q ii w v = o co L d.S Ilnn .0 Or$ 6,d' C p a U i m O c� qq�� C N p+' J W ?. II. vii C d v' GroJ t C Z N cn u ;� x� •e =7 Sn T �- Cl 0. LA !G w M us 61 ro w a1 Y . oS G dS W UJ 2 f aL i v c C '� x O y O CL ; u m Cl j O Q n CL j �T a1 E r0 Q. L!1 Ll7 Q LLJJ U G. Ln Li LL. Q Q U 1= W 1 :� LL Ln 0 n O O City Costs Comparison July 4, Celebration 2012/2013 Overtime 2012 Actuals 2013 Estimated Police $12,208 $8,682 Fire / EMS 4,921 3,931 Parks Maintenance 4,047 4,047 Public Works - (Streets & Traffic) 7,607 6,537 Public Works (Electrician) 0 1,937 Subtotal $289783 $259134 Stage Rental 530 530 Barricades 1 Msg. Boards 13500 2,480 Light Towers 33480 1,800 Crowd Pleaser / Portalets 43665 5,550 Sound System / Music 5,450 53450 Subtotal $159625 $15,810 TOTAL $44,408 $405944 UA%"vdata\EventsAth of Juty\Agenda Item Approval of 4th of July Festivities 2013.doc Barcinski, Robert From: Barcinski, Robert Sent: Wednesday, May 08, 2013 8:51 AM To: 'Stephanie Immelman' Cc: jwhite @delraybeach.com Subject: RE: July 4th activities Thnx but we dare not start street closure until 213M versus 1PM which is what we have done in the past to get past basic lunch hour for the restaurants. From: Stephanie Immelman [ mailto :simmelman(&delraybeach.com] Sent: Tuesday, May 07, 2013 4:10 PM To: Barcinski, Robert Cc: Jarrod White; Beldowicz, Donna Subject: July 4th activities Dear Mr. Barcinski Here is a brief overview of the July 4 1 activities we have planned so far: 8 -12 — Sand - sculpting contest on the beach fpm — streets begin to close 2:30pm — Flag raising ceremony Main Stage activity, 3pm — Beautiful Baby Bathing Suit contest 4pm — Tony Sukar 5pm — Son of Man 6 -8pm —The Long Run — Eagles Tribute Band 8-9pm — B Boys, Mayor speech, countdown 9pm -- Fireworks Other activities Green Screen Climbing wall and trampoline 3D chalk artist Kids chalk art area Putt N Around mini -golf Extreme Volleyball exhibition match on the beach— Delray vs. Miami (not confirmed yet) GreenMarket vendors (not confirmed yet) Artists Ailey Forgotten Soldiers outreach VisitDelrayBeach.org visitors center ARF Pet Rescue I am waiting to hear if Luna Rosa and Boston's wants to extend their service area as they have done in year's past. I will make sure we leave one lane on A1A open. I will let you know as soon as I hear. Please let me know if you have any questions. I'll keep you posted on developments. Kind regards, Untitled Document http:/ /www.americansfortlicai-ts.org/ information _services /researcli/ser... Information STEP 1: POPULATION POPULATION of your community: STEP 2: TOTAL EXPENSES (optional) Your Organization's TOTAL EXPENSES (please do not use comnas): STEP 3: TOTAL ATTENDANCE (optional) TOTAL ATTENDANCE to your organization's arts events (again, do not use commas): Total Economic Impact Of: Nonprofit Arts and Culture Organizations: Nonprofit Arts and Culture Audiences: Total Industry Impact: (The Sum of Organizations and Audiences) Definitions 50,000 to 99,999 $ 59000 120000 calculate reset Total FTE Jobs Household Expenditures Income $59,000 1.8 $38,798 $2,718,000 71.8 $1,102,530 Local State Government Government Revenue Revenue $2,012 $2,298 $107,959 $126,523 $2,777,000 73.6 $1,141,328 $109,971 $128,821 Print Your Results Please see the fine print below. Total Expenditures: The total dollars spent by your nonprofit arts and culture organization and its audiences; event - related spending I arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in similarly populated communities. Back to Calculator FTE Jobs: The total number of full -time equivalent (FTE) jobs in your community that are supported by the expenditures ma( by your arts and culture organization and/or its audiences. An FTE can be one full -time employee, two half -time employees, four employees who work quarter -time, etc. Back to Calculator Household Income: The total dollars paid to community residents as a result of the expenditures made by your arts and culture organization and/or its audiences. Household income includes salaries, wages, and proprietary income. Back to Calculator Government Revenue. The total dollars received by your local and state governments (e.g., license fees, taxes) as a result of the expenditures made by your arts and culture organization and/or its audiences. Back to Calculator When using estimates derived from this calculator, always keep the following caveats in mind: (1) the results of this analysis are based upon the averages i similarly populated communities, (2) input/output models were customized for each of these similarly populated communities, providing very specific employment, household income, and government revenue data, and (3) your results are therefore estimates, and should not be used as a substitute for conducting an economic impact study that is customized for your community. © Copyright 2007 by Americans for the Arts. vwaw Americ ansForTheArts.org 1 of 1 3/19/2013 3:16 PM WHEREAS, the open exchange of public discourse is essential to the democratic system of government; and WHEREAS, as a cornerstone of democracy Americans have observed certain rules of behavior generally known as civility; and WHEREAS, civility, derived from the Latin words "civitas" meaning city and "civis" meaning citizen, is behavior worthy of citizens living in a community or in common with others; and WHEREAS, displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government; and WHEREAS, civility can assist in reaching consensus on diverse issues and allow for mutually respectful ongoing relationships; and WHEREAS, civility can uplift our daily life and make it more pleasant to live in an organized society; and WHEREAS, the City, County and Local Government Law Section of The Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May, 2013 as: QVILITZJ MOImi and call upon all citizens to exercise civility towards each other. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 21st day of May, 2013. CARY D. GLICKSTEIN MAYOR WHEREAS, the Knights of Pythagoras Mentoring Network has been paying tribute to dedicated women who give unconditional love and guidance to children in Delray Beach for the past 22 years; and WHEREAS, Delray Beach's mothers are women of determination and vision. They serve as caregivers and guides, helping to build the foundation for our children's success and nurturing them as they grow and explore the great promise of our Nation. Through these mothers' examples, children come to understand the virtue of kindness, the blessing of compassion, and the importance of principle. A mother's support encourages children to make right choices, set high goals, and become good citizens. A mother's love inspires children to achieve their full potential and strengthens the character of our country. The commitment and love of mothers reflect the best of America; and WHEREAS, on Mother's Day, we pay tribute to the extraordinary women whose guidance and unconditional love shape our lives and our future. Motherhood often allows little time for rest. As President Theodore Roosevelt said of the American mother in 1905, "Upon her time and strength, demands are made not only every hour of the day but often every hour of the night." President Roosevelt's words ring as true today as they did 100 years ago; and WHEREAS, the hard, perpetual work of motherhood shows us that a single soul can make a difference in a young person's future. As sources of hope, stability, and love, these mothers teach young people to honor the values that sustain a free society. By raising children to be responsible citizens, mothers serve a cause larger than themselves and strengthen our community; and WHEREAS, mothers are tireless advocates for children. In our schools, mothers help to ensure that every child reaches his or her full potential. In our community, they set an example by reaching out to those who are lost and offering love to those who hurt. A mother's caring presence helps children to resist peer pressure, focus on making the right choices, and realize their promise and potential; and WHEREAS, in an hour of testing, one person can show the compassion and character of a whole country. In supporting their sons and daughters as they grow and learn, these mothers bring care and hope into others' lives and make our city a more just, compassionate, and loving place. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May 11, 2013 as: 3 &zi yftb o f J uMayo caps en&iin# Nehua�&j .aadiej o f 1` btiwam J9a* and encourage all residents of this All- America City to express their love, appreciation, and admiration to these mothers for making a difference in the lives of our children, families, and community. I also call upon citizens to observe this day with appropriate programs, ceremonies, and activities. 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 11th day of May, 2013. CARY D. GLICKSTEIN MAYOR WHEREAS, the CJ Foundation is a non - profit organization that provides financial and inspirational resources that allow people to adapt, cope, and overcome the challenges they may face - with a special emphasis on autism, cancer, education, and children with special needs; and WHEREAS, Jeff and Stacy Staley the founders and co- chairs of the CJ Foundation were inspired by their silent hero, their nephew CJ Bellingar who is diagnosed with Asperger's Syndrome; and WHEREAS, Mr. and Mrs. Staley have championed many causes with the support of local non - profit organizations that provide programs and the volunteers that give of their time and resources selflessly; and WHEREAS, the adage of the organization is, "A World of GOOD for Life's Challenges ". Some of the recipients that have benefitted are Lantana Middle School "Early Steps Program ", Make -A -Wish® Foundation of Southern Florida, Benjamin's Hope, Milagro Center, Citizens of Delray Beach Police Officer Scholarship and CJ Miracle Project. The benevolent actions of Mr. and Mrs. Staley provide the resources, support and education needed by many families; and WHEREAS, on May 11, 2013, the CJ Foundation will host its 41h Annual Gala, "Bringing Hope to Life "; all proceeds will benefit the causes of the organization. NOW THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, on behalf of the City Commission, do hereby recognize: JEFF & STACYSTALEY CJFOUNDATION and call upon all present to acknowledge and applaud their humanitarianism, dedication, multitudinous contributions and accomplishments to the City of Delray Beach, its residents and the community. 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 11th day of May 2013. CARY D. GLICKSTEIN MAYOR WHEREAS, the week of May 19 -25, 2013, has been designated National Emergency Medical Services Week; and WHEREAS, the chosen theme for this year's declaration is "EMS: One Mission. One Team "; and WHEREAS, the theme accurately emphasizes the relationship between local Emergency Medical Service providers and the community in which they serve; and WHEREAS, local Emergency Medical Service providers have partnered with the community, physicians, and local hospitals in improving public health and wellness through public education programs that raise awareness, medical and injury response and transport, disaster response and mitigation, and other initiatives that reinforce communal bonds; and WHEREAS, the City of Delray Beach likewise recognizes the service and sacrifice of local Emergency Medical Service providers; and WHEREAS, throughout our City, Emergency Medical Service professionals provide a vital and necessary service and in the time of need, Emergency Medical Service providers respond in a timely manner providing lifesaving measures for the residents and visitors of Delray Beach. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of May 19 -25, 2013 as: NATIONAL EMERGENCY MEDICAL SERVICES WEEK In Delray Beach, Florida and urge all citizens to honor our Emergency Medical Service teams who faithfully respond when called upon to render aid and to fulfill the greatest creed of all, the service to humanity. 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 7th day of May, 2013. CARY D. GLICKSTEIN MAYOR WHEREAS, safe, clean, and sustainable water resources are essential to Florida's environment, economy, citizens and visitors; and WHEREAS, Florida's water supplies are finite, while our population and our need for water resources continues to increase; and WHEREAS, water reuse provides a means for conserving and augmenting Florida's precious water resources; and WHEREAS, Florida has established the encouragement and promotion of water reuse as state objectives in Chapters 373 and 403, Florida Statutes; and WHEREAS, Florida's permitted reuse capacity exceeds 1.6 billion gallons per day (over 63 percent of Florida's total permitted capacity for all domestic wastewater treatment facilities); and WHEREAS, Florida has risen to be the national leader in water reuse - reusing 722 million gallons of reclaimed water each day to conserve freshwater supplies and recharge our freshwater resources; and WHEREAS, the City of Delray Beach has joined with the State of Florida, the Florida Department of Environmental Protection, and the South Florida Water Management District in encouraging and promoting water reuse and conservation; and WHEREAS, the City of Delray Beach has implemented a water reuse program and encourages efficient and effective use of reclaimed water. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of May 19 - 25, 2013 as: WATER REUSE WEEK and call upon each citizen and business of Delray Beach, Florida to help protect our precious resource by practicing water conservation and to use reclaimed water in an efficient and effective means. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed the 21st day of May, 2013. CARY D. GLICKSTEIN MAYOR WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as parks, water, sewers, public buildings, streets and highways, canal maintenance, and solid waste collection; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works functions is materially influenced by the people's attitude and understanding of the importance of the work they perform; and WHEREAS, this year's theme is "Because of Public Works... ", as we celebrate the hard work and dedication of the many public works professional throughout the world. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of May 19 -25, 2013 as: NATIONAL PUBLIC WORKS WEEK in Delray Beach, Florida, and urge all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 21" day of May, 2013. CARY D. GLICKSTEIN MAYOR WHEREAS, according to the U.S. Department of Justice, in one year there were an estimated nearly 800,000 children missing; and WHEREAS, on average, an estimated 2,000 children are reported missing to law- enforcement agencies daily; and WHEREAS, 58,200 of these children are victims of non - family abductions and more than 200,000 are the victims of family abductions; and WHEREAS, the National Center for Missing & Exploited Children© (NCMEC) exists as a resource to help prevent child abduction and sexual exploitation; help find missing children; and assist victims of child abduction and sexual exploitation, their families, and professionals who serve them; and WHEREAS, the City of Delray Beach urges the participation of local government, law enforcement, schools, community -based organizations, and families in the protection and education of all individuals about child abduction and sexual exploitation, appropriate protective measures, and ways to respond and seek help from law enforcement, social services, and the National Center for Missing & Exploited Children; and WHEREAS, this special day is a time to remember those children who are missing and give hope to their families. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim May 25, 2013 as: NATIONAL MISSING Ci-fILDREN'S DAY in Delray Beach and encourage all individuals to take 25 minutes to help children stay safer. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 21s' day of May, 2013. CARY D. GLICKSTEIN MAYOR WHEREAS, Juneteenth is the oldest known celebration commemorating the ending of slavery in the United States; and WHEREAS, the Emancipation Proclamation, an Executive Order of President Abraham Lincoln, which in substance, ended the practice of slavery in the United States, was made effective as of January 1, 1863; and WHEREAS, the Emancipation Proclamation was difficult to enforce in Texas due to the small number of Union troops available; and WHEREAS, it was not until June 19, 1865, when Union soldiers, led by Major General Gordon Granger, landed at Galveston, Texas confirmed the end of the Civil War and enforced the Emancipation Proclamation; and WHEREAS, One -Love One Community Foundation, Inc., a Florida not for profit corporation, and the City of Delray Beach Parks and Recreation Department desire to share the history of Juneteenth and promote its objectives of education and self- awareness for the African American community; and WHEREAS, the fourth annual Juneteenth Festival in the City of Delray Beach shall be held on June 15, 2013, at Pompey Park, with an official theme of "Healthy & Free Juneteenth Celebration ". NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim June 19, 2013 as: JUNETEENTH in Delray Beach, Florida and urge all residents to attend the Juneteenth Festival and to embrace and welcome all that it offers. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 21St day of May, 2013. CARY D. GLICKSTEIN MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: Louie Chapman, Jr. City Manager DATE: May 16, 2013 SUBJECT: AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF MAY 21, 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 May 6, 2013 through May 17, 2013. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: The item must be raised by a Commission member. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meeting of f May 8, 2013 A. Approved (5 to 0, Jose Aguila and Rustem Kupi absent), a request for a color change for The Barrton Apartments, located on the east side of SE 6th Avenue, south of SE 5th Street (555 SE 6th Avenue). B. Approved (5 to 0), a request for a color change for The Franklin Apartment Homes (aka Franklin at Delray Beach), a proposed 180 -unit residential development, located on the west side of South Federal Highway, between SE 10th Street and Linton Boulevard (1206 South Federal Highway). Concurrently, the Board approved a master sign program associated with the installation of the main sign mounted on the leasing building and an additional sign at the entrance of the development. C. Approved with conditions (5 to 0), a blanket sign program for Rocky's Retail Building, located on the west side of SE 5th Avenue, south of East Atlantic Avenue (20 SE 5th Avenue). D. Approved (5 to 0), a blanket sign program for Sherwood Plaza, an existing commercial center located at the southeast corner of Congress Avenue and SW 10th Street (1005 South Congress Avenue). E. Approved with conditions (4 to 0, Mark Gregory stepped down), a Class III site plan modification and architectural elevation plan associated with the conversion of the second floor of an existing commercial building from retail to office for Atlantic Office Suites, located at the southeast corner of East Atlantic Avenue and SE 5th Avenue. Historic Preservation Board Meeting of Mgy 15, 2013 1. Approved (4 to 0, Annette Smith, Samuel Spear and Reginald Cox absent), a request for a Certificate of Appropriateness for a master sign program for a multi - tenant commercial building located at 290 SE 6th Avenue "Adams Auto Dealership" an individually designated site. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map • CITY COMMISSION MEETING - _ _ _ CITYLIMITS . _ _ _ N APPEALABLE ITEMS ONE MILE LOCATION MAP PLANNING AND ZONING GRAPHIC SCALE DEPARTMENT MAY 21, 2013 SPRAB: A. THE BARRTON APARTMENTS B. THE FRANKLIN APARTMENT C. ROCKY'S RETAIL BUILDING D. SHERWOOD PLAZA E. ATLANTIC OFFICE SUITES HPB: 1. 290 SE 6TH AVENUE -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \CC— DDC \5 -21 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Parks Superintendent Linda Karch, Director of Parks and Recreation THROUGH: Louie Chapman, Jr., City Manager DATE: May 10, 2013 SUBJECT: AGENDA ITEM 8.K.1 - REGULAR COMMISSION MEETING OF MAY 21, 2013 BID AWARD/ LAWN WIZARD ITEM BEFORE COMMISSION City Commission is requested to approve Bid No. 2013 -24, Landscape Maintenance Contract at I -95 (3) Interchanges, to Lawn Wizard the lowest bid in the amount of $63,449.00. BACKGROUND This bid award is for the annual landscape maintenance contract for the three (3) I -95 Interchanges located at Atlantic Avenue, Linton Blvd., and SW 10th Overpass. Included in the specs are additional cost for sod replacement, plant & tree installation, fertilization, additional pest control and storm/hurricane clean -up. Four landscape companies submitted bids on May 7, 2013: Lawn Wizard at $63,449.00, Complete Property Services of So.FL. $92,365.00, Superior Landscaping & Lawn Service, Inc. for $113,064.04, and Landscape Service Professionals, Inc. $127,042.00. Parks and Recreation recommends Bid No. 2013 -24 be awarded to Lawn Wizard the lowest bidder. Lawn Wizard is currently doing business with the City of Delray Beach and their performance meets all requirements. This bid award is for a one -year term and may be renewed by the City Manager for two additional one - year terms. The City Manager will brief the Commission prior to renewal to determine whether the Commission supports the renewal. FUNDING SOURCE Funding is from the Beautification Fund account # 119- 4144 -572 -46.40 (Beautification Maintenance). RECOMMENDATION Staff recommends Commission approval to award Bid No. 2013 -24 to Lawn Wizard in the amount of $63,449.00. o � n 0 O O Lf] O O ty bO C QJ si Q m LU z a U w Ll - Q Ln LLJ CO Ql Q W U J z Lu Q Q Z LL. LU O ~ U Lu a Ln 0 z Q J rts C Q N M e-i O 2 cf, c-i V bD ra Q- O O U v C GO N C O O O O p A O O G •,s .F-t -r C G5 kn .r N C Q Q C\ CA C O m m m - aA N Ui 5Fr te rh 68 M sFi H9 d CD G _q vu U y O O C 4 o C O O O 6 D O D O O O .r w = vz d• 7 vs ^+ Y] n O O a0 C C C [T O v5 Ln -tn i M N � c�S •� fV 69 4l b9 46- G.) ° °o °0 0 0 0 ° O D •m N rl C O O O M M ° 6 O r=-` N M GO CD N G D Q C v o r,3 Ge 69 E9 N Ef3 -T 03 m 'o Ln 3 CO O O d o O O O O L m l- N O O C O C LM L03 ZL a N t N n n N N ro� sa ea +.r Gls v3 c s A° °o °o c o 0 0° L7. i V] N N � m 6e GAD E6 C5 rsi Gp ,� H 664 4 p e d 0 o 0 0 0 0 0 0 0 0 0 0 o 0 n 0 o o o rr! ri •= °a c o 00 °o °o °o a o °a Ln P w N L� N uT s; s9 y9 i^ s4 r� 5R b5 a3 SA 0 0 In O CD qp N b4 ^� 69 6R v Q y bg = C p o o O p O O O C O O d O O O O O O C n ICY cR O C v] M �b +A b5 N3 64 64 -Lq -Loq G H IT rn m N 0 C3 G Li u U La DO •� Q1 �, S.. A � P, W � _ a W o u W c x a mo a ao vi x 0.�o o L— o o x oA.� 4 > o Z kn r 7 Sa W o y o 171 0 Ed O d) Y. O CO O V J EC J cn O V v-, .W 3¢ a N w a ww3 ter- �� a��,�,aqu�o H c-i V bD ra Q- o o O O Lf'F O O ri q0 C O. Q m2 ❑o L!_I U Q u LL] u z W p� m r LLI w Q M z LL L.LI O ~ >- z Q V 2 W d Q U V) Q J Y O 7 c a N M O N O z m v tto m a 0 0 p a O o 0 R a o O o d d 4 O O O O O O O O O O O O O O cc W r 6r v 69 d3 fH � A 4fi b4 F� fF E+3 O G7 O Q O G O 0 © o ® a a o 0 Q 00 I+i C m u '> N 6A m {A b9 b5 b4 p C RT A d a(A Cl 9 O O O O O d O O CD O a O V N n N ,-y wi h G kn O O O vi h O N O Ln z �y N N N N M O6 �s sg V- ss se a fl. N to �1 M b9 11) &9 O M fiR G i U} se 5N9 Qq Lm G, a O O O O O O O O O O Q O O O O O O O O d O OQ g• -•�• � O kn 00 O w) O L� O O O w7 VI. O a1 u Ln M y} 65 d3 4!3 f.° 64 S4 6R b4 O a p Q O O O 0 O O o p O a 0 � G O M a O o O N 1() CA p O p C N ' GO) b4 64 } Ff3 46e frT b3 L:1 3 a+ O 0 o 0 o o O fl o O ca o o 0 0 0 0 o 0 a a0' d o O l*j N b4 to4 VP CA s9 GS 6r b9 54 rq N a Q b � � cd m ° „ o a cd w o o v bb � O _� � a� "C � � m � V cy cd x v sue. 0 CD Z Z O cjj U N C d7 .'� O '� U U O �1 u i °J o O Zoo .� C7 r v a O a C7 N mC/i y P, U Pti a TA v1 v m v tto m a o Q 0 0 4 C7 � a0 C N Q 0 CO S U 4c W m a J W LL 0 41 U 12 4- Q U is 73 a m 0 6 L m Q] b4 fCs d v9 m ca CO ri Gl co O 0 lqr � Ln to t�A- rryi C L °n r y6• {� � iii' #ft 'dT- S4 O C O CA y v A g O wl rn p 0 0 n.J Ga z iii 69 G 3 CD O qj fs sss 4 o O O G O p. w v3 P— w p p O Ln n M ['f1 MA O O G ~ v �• •� LA M N r4 E5 C� sF: � ° C c o vi O O O N t1 b3 N3 O O O 3 a Ln n 0 °° cn CDL 00 00 r v cv m r4 �i1 ry a 4/1• 'Vi �t/1' 44 H3 b4 ca a d a r � a C CA xe LU LU LLI U G:7 > W W w LU -� Z z z {3 C o O rx r � a g �, o 03 V4 m Q Q a`LJc 1= � a`c H w a a F r. m Q] b4 fCs d o Q Q Ln o C:) -i GA C a O m w U) LLIZ 2 v = z u — <C Ln u.J no } w a u � z ❑ 7- LL w o F- } Q L CL Ln u � a Ln 5 C O V (S3 3 a N rr! 0 r14 6 Z X. 't7' 0) es O O O O CD C9 d O LA Lsy O E11 Ll! N Q Ln m m i/1• ° R i 2. GD C � Q � � •� M 0 O 0 O 0 O 0 O o O a O �R1 � in• o 4T ih L o � •�- R 0 N M 000 c m U N 00 0 0 °a ° °. °a o 3 ui N LA N N ui N cn h L!1 V '1 G' i Q ` O I � � L c d cy F L 0 Q C CL � i U u •- C3 �m L7 s o = a d 66 O N o CO " 0 m N V w •�• O Lfl m w a J v a QJ Q L a fl p to +� 7 0 a Q CL (a 03 a 4- � 3 u� m a ° r r 0_ m s i rL ai @ C C t+ v v N f4 HCL O i D O = CL _ a m �. O � * 0 a 'G u Ol 't7' 0) MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Parks Maintenance Superintendent Linda Kach, Director of Parks and Recreation THROUGH: Louie Chapman, Jr., City Manager DATE: May 10, 2013 SUBJECT: AGENDA ITEM 8.K.2 - REGULAR COMMISSION MEETING OF MAY 21, 2013 BID AWARD/ RUST WIZARD, INC. ITEM BEFORE COMMISSION City Commission is requested to approve Bid No. 2013 -36, Anti -Rust Chemicals in City Irrigations System - Annual, to Rust Wizard, Inc. the lowest bidder in the amount of $1.30 per gallon of chemicals. BACKGROUND This bid award is to establish a firm price for the chemical maintenance to several pump and well systems located at various locations throughout the City of Delray Beach and to warranty the chemical pumps, which are City owned. Presently there are 28 pumps maintained for rust prevention (Linton Blvd., 13 pumps and Congress Ave., 15 pumps). Three companies submitted bids on April 24, 2013: Rust Wizard, Inc. quoted $1.30 per gallon, National Rust & Water was $1.35 per gallon, and Rust -Off Inc. quoted $1.40 per gallon. This bid award is for a one -year term and may be renewed by the City Manager for two additional one - year terms. The City Manager will brief the Commission prior to renewal to determine whether the Commission supports the renewal. FUNDING SOURCE Funding is available from Beautification account # 119 - 4144 -572 -52.21 (Chemicals). RECOMMENDATION Parks and Recreation recommends Commission approval to award Bid No. 2013 -36 to the lowest bidder Rust Wizard, Inc. V- CD c cm Q L c CD O o C O z as N y O t z N V m I c X P tt-- Z p CD uj ® a as ® H} ui (L $� w z T e cu tai o ai a� 2 0 0 V b N L y O h O O O . U_ O N~ U.�+ O E O N oa�3� c'v�i r cc M ® p O N O L 4 !� N j N C LO U1 2- 0 q) E C tU N ! 9 Z tf} U �Z t6 O CO U c. i CL •� ® w LIJ �r h C6 'C3 O r� d Q c N w 4 C. �_ O a N di y L "� O v^ m W j U to n d 64 O �- O O g 14 O �-' C _ ca N CC C z y, O V �A m cc cc ' 2 0 3 �� � � Cc w� OQ �$ 01 64% [C U EL' E 'o A �. ® a C `.�". a) ` D E is o � o E a U} f- �: i7 m o a) c- c m o 0 "� 0 Z II I' L N Q o o !z w U O .§ W to (+ Z 7 O w 16 �L N QS 0 C U! � V C w c U M £ N V ? vi li CL U Ul Ld MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Director Environmental Services Jim Schmitz, Public Works Deputy Director Kevin Rumell, Fleet Superintendent THROUGH: Louie Chapman, Jr., City Manager DATE: May 10, 2013 SUBJECT: AGENDA ITEM 8.K.3 - REGULAR COMMISSION MEETING OF MAY 21, 2013 VEHICLE PURCHASE AWARD /MULTIPLE VENDORS ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of forty four (44) replacement vehicles from multiple vendors. Duval Ford in the amount of $849,904, Hub City Ford in the amount of $26,545, Mike Davidson Ford in the amount of $179,525, Bruce Rossmeyer Harley Davidson in the amount of $87,625, Kelly Tractor in the amount of $109,255, and Florida Coast Equipment in the amount of $23,737. Also requested are awards going to Strobes -R -Us in the amount of $185,472.00 for the installation of police lighting and equipment in twenty (20) Police Department vehicles, and to Palm Beach Line -X in the amount of $6,300.00 for spray in textured bed linings for eleven (11) truck bodies. The total award amount is $1,468,363.00. Replacement of forty four City vehicles based on age and life - to -date maintenance costs. All awards are through existing state or municipal contracts, with the exception of Florida Coast Equipment as explained below, and Palm Beach Line -X who is the only local authorized vendor for the Line -X product. Vehicle replacements are included in the current fiscal year CIP plan. BACKGROUND Replacement of forty four City vehicles based on age and life -to -date maintenance costs. All awards are through existing state or municipal contracts, with the exception of Florida Coast Equipment as explained below, and Palm Beach Line -X who is the only local authorized vendor for the Line -X product. Vehicle replacements are included in the current fiscal year CIP plan. Vendor Type Cost Contract # Duval Ford (20) 2013 Ford AWD Police $559,980.00 FSA -Bid #12 -20 -0905 Interceptor Sedans Spec. #2 Duval Ford (3) 2013 F -150 4x2 Pickup $54,780.00 FSA -Bid #12 -20 -0905 Trucks Spec. #38 Duval Ford (4) 2013 F -250 4x2 Pickup $111,980.00 FSA -Bid #12 -20 -0905 Trucks Spec. #40 Duval Ford (2) 2013 4x2 F -350 Trucks $80,782.00 FSA -Bid #12 -20 -0905 Spec. #44 Duval Ford (2) 2013 Transit Connect $42,382.00 FSA -Bid #12 -20 -0905 Vans Spec. #30 Hub City Ford (1) 2013 E -350 15 Passenger $26,545.00 Florida State Contract Van Code 071 -310, Line #29 Davidson Ford (2) 2013 F -250 4x2 Pickup $55,126.00 Tallahassee Contract Trucks #2518 Davidson Ford (2) $60,444.00 2013 F -350 4x2 Trucks Davidson Ford (1) $63,955.00 2013 F -650 Dump Truck Rossmeyer (5) 2013 FLHTP Police $87,625.00 FSA -Bid #12 -20 -0905 Harley- Davidson Motorcycle S ec. #15 Kelly Tractor (1) 2013 Caterpillar 914G2 $109,255.00 FSA -Bid #12 -10 -0905 Compact Wheel Loader Sec. #30 Florida Coast (1) 2013 Kubota RTV900 $23,737.00 ** See Notes Equipment Rescue Vehicle Strobes -R -Us (20) Installation of Police $185,472.00 City of Sunrise Lighting and Related Contract Equipment #11 (06)-01-01-01-19 - # Palm Beach (11) Spray in Truck Bed $6,300.00 Sole Source Vendor Linings Line -X For Line -X Total $1,468,363.00 ** Note:This unit is available from a vendor in North Florida via the Florida Sheriff's Contract #12 -20- 0905, Spec. #14 at a cost of $26,751 l�us a $804 delivery fee, $27,555 total cost. Purchasing from a local vendor provides a lower cost without delivery fee, realizing a $3,818 savings. (quotes attached) FUNDING SOURCE 501- 3312 -591 -64.20 Garage Fund/Machinery EquipmentNehicle Replacement (after the appropriate budget transfers) and501- 3312 - 591 -64 -25 Garage Fund/Heavy Equipment. RECOMMENDATION Central Garage recommends the award as listed above. Quote DATE 3/18/201 ORDER NO. VIN COLOR White r 4; Sales Quote 41351 U1J Contract Number 12.20.0905 12.10.0905 Code jLquipment Contract SPEC #2 2013 FORD INTERCEPTOR SEDAN, ALL WHEEL DRIVE -(P2M) 3.7 V6 ENGINE NOISE SUPPRESSION BONDS COURTESY LIGHT DISABLED THIRD KEY TRUNK VAULT TEMPORARY TAG 5 YEAR / 100K MILE PREMIUM CARE WARRANTY, $0 DED. FRONT HEADLAMP HOUSING PRE - DRILLED REMAPPABLE STEERING WHEEL SWITCHES SYNC SYSTEM REVERSE SENSING REAR VIEW CAMERA DRIVER'S SIDE LEFT HAND SPOTLIGHT LED SPOTLIGHT BLIND SPOT MONITORING AND CROSS TRAFFIC ALERT REAR CONSOLE PLATE $22,876 99T 09 20P 93 13C $19 3K 47 19T 9 T P CP51 00 2,855 13P 9 47K 9 53M 29 76R 294 77B 239 D21 D ($65 21 L 55B V$473 97D 3/18/2013 DELRAY BEACH P2M FAQ ♦!..�f` 1 3 FLORIDA 4• a {' COUNTIES AU About Amid. FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION FULL SIZE PURSUIT VEHICLES - FWD OR AWD (POLICE PACKAGE) SPECIFICATION #2 2013 Ford Interceptor (P2M) The Ford Interceptor (P21\4) purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: Western Northern Central Southern BASE PRICE; $22,876.00 $22,472.00 $22,876.00 $22,876.00 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. The following equipment delete and add options and their related cost are provided here to assist ),on in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and /or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through (lie dealers, however, those listed here must be honored by (lie dealers in your zone at the stated prices. Bid Award Annorincement (12- 20.0906) 107 VEHICLE: Interceptor (1`21M) DEALER: Duval Ford ZONE: western 13ASE PRICE: $22,876.00 Order Code Delete Options 5" round dome lamp D21D Driver's Side (Leta; Hand) Spotlight Body side moldings Full size spare tire & rim D 153 ' Front License Bracket Order Code Add Options Duval Ford Atordiern $22,472.00 Duval Ford Central $22,876.00 Duval Ford Southern $22,576.00 All Zones NA $65.00' NA NA NCI All Zones Please refer to Part D — Emergency Vehicle Lighting Specifications for lightbar descriptions and the awarded dealer pricing. 99T' 3.5 V6 EcoBoost engine $3,154.00' 3.71, V6 FFV T1VCT (7)vin independent Variable Cann Tinting) (A WD Onl)) optional for $109 t PRIG ! Priority star(/battery saver $196,00' Option is for aflen norket dealer installed batter), sa-ver. Vehlele has a standard battery savingfeatna•c• Factory remote engine start NA Skid plate Std' Deflector plate protects chassis and pourer -train standard 65E' Ballistic door panels - driver front door $1,548.00' 65C' Ballistic door panels - driver and passenger front doors $3,093.00' hrclades 65e I 62D' Electronics tray (w /o fan) $239.00' 97T' Trunk circulation fan (mounted on package tray) $58.00! 20P' Noise suppression bonds $93.00' 21P' Left & right -hand pillar mounted 6" spotlight with ear halogen bulb, factory installed $174.00' Adds right spot light to base spec. LED available. Option Includes creelit for base spot light I HC' Mole in roof" (drilled on centerline of roof panel approx. 29" rearward ol'Nvindshield opening) $125.00' Dealer Installed, includes cover I1P' Hole in roof.'* (drilled on passenger side of roof panel approx. 29" rearward of windshield opening $125.00' & approx, 6" inboard from passenger side door) Dealer installed, Inchrdes corer 1 510' Wiring - grille lamps & speaker $49.00' 96P' Wiring - auxiliary speaker $288.00' Includes 100 watt speaker, pigtail, and bracket. For two way radio preu•1re to door speakers use $165 I COAX' Wiring - coaxial radio antenna $65,00' Dealer Installed r HRING' hiring - horn /siren circuit Std' 1 Wring standard. One 10 map siren speaker circuit to trunk Iln,luded with 354, 555, 356 options. For Lunn ring hook Spech u)ren orderingllgluhtg packages. � Bid Award Announcement (12 -20 -0905) 108 VEIIICLE: Interceptor (P2M) DEALER: Duval Ford Duval Ford ZONE: Western Northern BASE PRICE: $22,876.00 $22,472.00 Duval Ford Duval Ford Central Southern $22,876.00 $22,876.00 RW1 ' Wiring - roof wires $125.00' Power and ground fused willr loom. Llgbtbar packages include hire for routing t P'l'W Wiring - ignition and main power supply Std' Power distribution center, power pigtail battery and ignition power standard. For ertensionfrom console to package tray for video acrd radm• add 5236 I TREM' Tremco anti -theft - foot activated, dealer installed $229.00' SFST SafeStop vehicle anti -theft - key activated or emergency lights activated, plug -& -play for most $229,00' Ford and Chevy fleet vehicles, dealer installed in 20 minutes or less MAG' Rechargeable mag light $136.00' Specify mononing location I RB Ready Buckle Prisoner Restraint Seat Belt System $530,00' 171 Carpet floor covering $124.00' hnchided with 12P, fall carpeting i 88C' 2nd row cloth seats $59.001 Inrclnded wish 12P I 97D I Rear console plate $34.00' hnchnded with optioos $54, 355, 856 1 59B Perimeter anti -theft alarm $119.001 Requires 60P I 60P' Remote keyless entry $254.00' Not mallable with Ke}rd alike option 1 PS' Plastic fiber rear seat $636.001 Vinyl Rear factory seating standard Option is for molded prisoner seat 1 621 1 Auxiliary equipment tray $238.00' Included with 854, 855, 856 option packages 1 NS Night saver light Factory Red and white donne light standard Additional light for nnnderdasTt or trunk mounted options 1 $126.00' 13c I Courtesy light disabled $18.00, Dark carfeature 1 663 ' Rear panel lamps $474.001 Two decklid Inner panel flashing LEDs inchudes rear window (.F.D. included In option 856 pkg. I Under hood lamp Std Short shift lever Std 18G' Rear door locks & handles inoperative $34.00' RLH t Rear door locks & handles inoperative, dealer modification $176.00' 671)' Rear windows inoperative $24.00' Operable from driver's switch 1 DT' Legal deep tinted Min, lifetime warranty, dealer installed $226.00' 3k' Third key $47.00' 43B 1 Keyed alike $48.00' Includes code 1284x. Speellry code ifd &rent. NA with 60p or 59b 1 Bid Award Announcement (12 -20 -0906) 109 VEHICLE: Interceptor (P21\I) DEALER: Duval Ford Duval Ford ZO \TI;: Western Northern BAST; PRICE: $22,876.00 $22,472.00 Duval Ford Duval Ford Central Southern $22,876.00 $22,876.00 AMF' 6 additional remotes (fleet keyless entry) TA Relocation of full size spare tire NA 9C3 I Undercover police package with front bench seat NA 12P I Floor mats Dealer Installed mats ase $95. 12p is an inferior trpgrade package which includes 171, SSc, and full console I $379.001 59B' Factory alarm $119,001 Perimeter antitheft. Requires 601; at $2S4 I IGT ] Tguition control trunk release Option is hrchided and required in base Ford spec I Tnei.] VV' Ventvisors - stick -on style $126.00' RS' Rainshields - flange style $130,00' DBB 1 Door blank & rear window barriers with manual lock override (Setina, Pro -Gard, Cruisers or $496.001 approved equivalent) 98k ] Locking gas cap $19,00] 952 1 Two -tone paint (dealer installed for Ford) Installation of Cusiomer supplied decals $14>. Choose schenhe 141, 191, 143, or 144 I 51,296.00' 952 ] Two -tone paint $1,296.00' Factory decal wrap mailable below. Choose scheme 141, 142, 143, or 144 I C3H ] Class III hitch with 2" ball, dealer installed $326.00' Towing Trot reconmhended with pursuh rating I 64L i Full bolt -on wheel covers $58.001 N21 Nitrogen filled tires including spare tire $196.001 Factory rear spoiler NTA Immobilize daytime running lights Std 141 I Tivo -Tone Vinyl Package #1 (roof vinyl; RH /LII front doors vinyl; RH/L,H rear doors vinyl - not $819.001 available with the following vinyl packages: 42(142); 43(143); (144) 142 1 Two -Tone Vinyl Package #2 (roof vinyl, hood vinyl, decklid vinyl - not available with the $690.001 following vinyl packages: #1(141); #3(143); (144) 143 1 Two -Tone Vinyl Package #3 (roof vinyl; RH /LII front doors only vinyl - not available with the $600.00' following vinyl packages: 81(141); #2(142); (144) 19T I Trunk storage vault Side comparnuentstorage, lockable. For optional track vault storage options call for corfguratlon I $119.001 96P 1 100 watt siren /speaker $288.00' Included in Lighlbtgpackages with controller I Console 1 Optional equipment - specify $566.00' Center cmuole forpolice siren lighting controller rmd radio. Please speck radio for appropriate blank. Lhcludes armrest and chryholder I L'T'S 1 Optional equipment - specify $595.001 Universal Laptop nwunt with lockable trcgt I .bid Award Announcement (12 -20 -0905) 110 VEHICLE: Interceptor (P21M) DEALER: Duval Ford Duval Ford Duval Ford ZONE: Western Northern Central BASE PRICE: $22,876.00 $22,472,00 $22,876.00 Duval Ford Southern $22,876.00 DS Optional equipment - specify NAi Delivery to qualified relnlcle npfrller in lien of FOB destination per bid requirements, Includes Ford's pre delieeq, inspection I Decal I Optional equipment - specify $345,001. Bose Decal Package with numbers f IWO i Optional equipment - specity $2,001 Any Factory opllom not listed nrithhi specification is eligible jor ilia discount aunourt indicated as a creditper item off the marnrfacurrer's cmrrenl MSRP schedule included with bld solicitation documents. Consult dealer' or•fleel foal coin jor Hill izaliou. I SP13 121 Setina PB 10OAl2 --12" Aluminum Push Bumper $496.001 SPB 161 Setina PB100A16 -16" Aluminum Push Bumper $496.001 SPB300 1 Setina PB300 Push Bumper $496.001 GR5 1 11 Go Rhino 5000 Series Push Bumpers $496.001 PS L3P 1 RearTrausport Seat — Laguna System 3P $696.001 Includes rehrm offactory take onl rear seat I PS PG6 I Rear Transport Seat --Pro Gard 6000 Series $696.001 includes return offaaory take out rear seat I PS CRZR I Rear Transport Seat — Cruiser PC \,f012 $696.001 Includes return offactory lake out rear seal I PS PAT I hear Transport Seat with extended seat belt — Patriot PSCV I $696.001 luchrdes relurn offactory lake oral rear seat I 10S i Setina #10 Series Lexan Cage with sliding window, full width lower extension panel, dealer $789.001 installed For Recess panel add $100 I 8S I Setina 8S Lexan cage with 1/2 lexan and 1/2 expanded metal with frill lower extension panel, $756,00' dealer installed For Recess panel add $100 t PG 2600 I Pro -Gard P2600 Series Polycarbonate (Lexan) Cage with sliding window, Rill width lower $789.00' extension panel, dealer installed For Recess panel add $100 1 VP120 1 Patriot VP1 -120 Lexan cage with 1/2 lexan and 1/2 metal with full lower extension panel, dealer NAI installed VP1001 Patriot VP 1 -100 all Lexan cage with full lower extension panel, dealer installed NAI CC SL i Cruisers Cage with 1/2 sliding lexan, lower extension panels, dealer installed NAI CC CS I Cruisers Cage with center sliding lexan, lower extension panels, dealer installed NA CC I\dE 1 Cruisers Cage with mesh, lower extension panels, dealer installed NA K91 K -9 Container. All aluminum In- Vehicle (rear seat area) K -9 Container to protect the public, $2,200.001 officer, K -9, and vehicle, Please specify vehicle year, make and model. Call for installation, shipping, and/or delivery prices. For liner and wafer dish add $195. For powder- coating add $300. For innnale k9 combination add 5475 I ERD 1 Electronic Remote Rear Door Opening system to beused with the K -9 Container. Allows the $780.001 officer to release the K -9 from the vehicle from a remote position, Rescue Anlornalic Door opening sysleur. For Hot and POP brand which includes WS oplion add $700 1 .Bid Award Announcement (12 -20 -0906) 111 VEHICLE: Interceptor (1`2 1\4) DEALER: Duval Ford Duval Ford ZONE: Western Northern 13ASE PRICE: $22,876.00 $22,472.00 Duval Ford Duval Ford Central Southern $22,876.00 $22,876,00 HAS 1 Heat Alarm System to be used in a K -9 vehicle. Warns officer when dangerously high temperatures $726.001 are inside the vehicle. Cool-guard Heat alorin system. hrclades ftm and corer. For pager option add $300 1 Temp 1 Temporary lag Pees tray vary; overages will be refunded 1 $6,001 Transfer Transfer existing registration (must provide tag number) $90.001 Fees mqv vary, overages will be refunded 1 Tag 1 INTew state tag (specify state, county, city, sheriff, etc.) $130.001 Fees may vary; overages will be refunded 523 \4aintenance Plan - specify $899.001 $000 Alile interval 100, 000 mile police interceptor limited 20 service maintentce package, OUner terars m-allable upon request i 525 1 \4aintenance Plan - specify $1,219.001 5000 A1ile inten•al 125, 000 mile police interceptor limited 25 service maintenance package. Other terms mailable upon request 527 Maintenance Plan - specify $1,339.001 5000 ,Vtle imtemal 150, 000 ruffle police interceptor limited 30 service maintenance package. Other terms mailable upon requesll CB575 Warranty - specify $1,365.001 5 Yr 75, 000 mile zero deductible BdSECare plan. 5 35.100,000 intle zero deductible use $1845, Complete pricing schedule available upon request. Prices quoted per ForddlaCo Florida Retail ESP October 3rd2012 Pricing Gulde 1 CE575 -Warranty - specify $1,590.001 5 Yr 75, 000 mile zero deductible F,17RACare plan, 5 Yr 100, 000 nnile zero deductible use $2250. Complete pricing schedule available upon request. Prices quoted per Ford,11oCo Florida Relall F.SP October 3rd 2012 Pricing Guide 1 CP575 1 -Warranty - specify $2,050.001 5 Yr 75, 000 voile zero deductible PREAHUMCa•e plait. 5 Yr 100, 000 mile zero deductible use $2355. Complete pricing 1 schedule mailable upon request. Prices quoted per Ford.VOCO Florida Retail ESP October 3rd 2012 Pricing Guide Bid Award Announcement (12 -20 -0905) 112 FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION 1/2 TON PICKUP TRUCK - 4X2 SPECIFICATION #38 2013 Ford F -150 (FIC) Opp FIRFC" w N 9 i Oa The Ford F -150 (FI C) 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. ZONL: *Western *Northern *Central *Southern BASE PRICE: $14,447.00 $14,214.00 $14,447.00 $14,447.00 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 Rill 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 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 ally equipment items you wish added to the base unit cost to determine the approximate cost of the type velticle(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 ),out- 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 (I2 -20 -0906) 680 _ , a FA a . • = kbRIDA L Fs ;:1l, MOCIL171ON01, COUNTMS C:OUNZ All About Florida FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION 1/2 TON PICKUP TRUCK - 4X2 SPECIFICATION #38 2013 Ford F -150 (FIC) Opp FIRFC" w N 9 i Oa The Ford F -150 (FI C) 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. ZONL: *Western *Northern *Central *Southern BASE PRICE: $14,447.00 $14,214.00 $14,447.00 $14,447.00 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 Rill 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 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 ally equipment items you wish added to the base unit cost to determine the approximate cost of the type velticle(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 ),out- 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 (I2 -20 -0906) 680 VEHTCLE: F -150 (F1C) DEALER: Duval Ford Duval Ford Duval Ford Duval Ford ZONE: *Western *Northern *Central *Southern BASE PRICE: $14,447.00 $14,214.00 $14,447.00 $14,447.00 Order Code Delete Options 5 -speed manual transmission with overdrive in lieu of automatic overdrive Rear seat on extended cab model Alvf/FA,1 stereo radio Air conditioning Full size spare tine and rim Order Code Add Options All Zones All ;cones Please refer to Part D — Emergency Vehicle Lighting Specifications for lightbar descriptions and the awarded dealer pricing. NA NA NA NA NA 99F Engine upgrade - specify $999.0011 5.OL 118 FFV (Standard a /157" and 16Y) t 99T 1 Engine upgrade - specify $2,094.001 3.ST T6 EcoBoosl,e (AJA is/Regular Cab 126" IVB) $1094 with L1VB and Super or Crew Cab where S.OL k Sld t FFV Flex fuel engine Incl. CNG model - specify NA CNG conversion (discuss witb dealer) NA' LPG conversion (discuss with dealer) NA Battery, 650 cca or greater Std 750cca 1 Dual batteries NA 627' 7,700 lbs. GVNVR $1,499.00' HEA 1'1' -DUTF' PAFL01tD PdCx.e1GE (627) Usage: Increases GIMIR to 8200 lbs. for improved papload aid towing Availability; -Opt. on YL; .1'LT Base (Fleet Orrl39 and YLT ifid; Regular Cab 145" IVB (8.0' box), SuperCab 163" TI'B (8.0' box) aid SirperCrew 157" TVB (6,5' box); Lariat SuperCrew (Base aid ,Mid on7j) X611tvailable with: Lariat Chrome Package (86L) • OQ =Road Package (55A) Requires • 5.OT.1'BTagine (99F) or 3.SL Ir6 ECOBOOStO Engine (99T) •Afa,( TrallerTow Package required irken ordered sr /3.51, EcoBooslg) Enghre Lariat. Afar V viler Tow Package (60C),YL; AficC Trailer Tow Package (60A9 XL/1L11 Afar Trailer Tow Package (60P), Trailer Tow Package (535) Includes; • 3.73 limited- slip avle • 9.75 "gearsel - Ifemy- Dalp shook absorbers • LT24 5/ 75R17EBS 11'd/1' -Upgraded springs, radiniormrd aatillary transmisslon oil cooler •,YL: High capacity 17" 7 -1ug steel wheels (64K) • .l'LTILarial: -High capaci13,17" 7 -111g Alundmin wheels (6411). ii'ith ATT, rise $1694 and 6061 67T' Electric brake controller $229.00t Trailer Brake Conh•olter (req. 535 TT P6g.; brchrded iv/Afar TT Pkg.; 17. Decor req. Fog Lamps) t 'fraction control Stdl Advance Trac I XB6.X119 1 Limited slip differential $399.001 With 991 aid 99f use xh9 code 3.55 at $349. Inchuded ivllh 627. Add $70 for electronic locbirrg diQererrtiaT n4rere axle Is required 1 Bid Award Announeetnent (12 -20 -0906) 681 VEHICLE: F -150 (F1 C) * Central DEALER: Duval Ford Duval Ford ZONE- *Western *Northern BASE PRICE: $14,447.00 $14,214.00 Duval Ford Duval Ford * Central *Southern $14,447.00 $14,447.00 F1C.300A 1 Manufacturer's model upgrade package (specify pkg. bid) $5,014.00 XLT model iv!th 300apkg.- - 3.7L Y6Enghie •5.01 T'8 Engine (157" JIIB, 163" )JIB and SrrperCrery 4x4 only) -Electronic 6 -speed Automatic Ti ansi nission w/1'owfiloul Afode, Anllolanrp Cln onne Grille Insert -Chrome Front & Rear Bumpers -Chrome Grille Srnronnd -Fog Laaips -Power Side Exterior Afirrors, lock, speed control -SecrrriCode Keyless -Enty Ke)Vad, Driver's Side-Tires --P 235175817 BMV.41T Regales• Cab and Super Cab; P255165R77 OJVI A1Sjor 4r2 SuperCrew; -JJ'heels -17" .11ra71i7rrnir b1'TFRTOR, 1st Row Potter JVindoivs -2rrd Row Power JJ'hrdovs (SnpeiCab and SuperCreu) Carpet and Floor,llats • Compass •Fade -to -Off liilerlor Lighihig -Overliead Console (Super R Creu) Rear Powerpoint (Super d Creu) Rear JJ hrdow WFixed Privacy Glass -SYNCID (Base) Trolce Aetivaterl Cournlx7ricatlolns, Optional SKMCO Services Note: SI'NC& Services which provided Trade, Directions, and Info is mailable for a $60 Annual subscription fee. 11'id1 crewcab ltse $2599 and snpercab use $3779 CS I Seat trim upgrade - specify' NCI Included in ,Model upgrade package 1 85,11 Power windows /door locks $949.00' POWER EQUIPMENT GROUP (854) A ilablhiy: • Standard on YI, SuperCr•ew, SA' and above, included on XL Afid -opt. ou XL Base Regular Cab and SuperCab Includes: AuioLanp (V1,T, F,Yrnnd Lariat onl))-Black power mirrors (A1,STI' and XV) 11hunhialed erty,Perlmeter alarm Powerlocks (Including.Jrrtolock) w/kepless enluy key - Power windows (front on Regular Cab, front and rear on SuperCab and - SuperCreu) Use $ 1149 with snpercab. SOS t Speed control $224.00' Inchided !x model upgrade. Req with sync 1 Tilt steering wheel Std Passenger dome lamp Std US I Bucket seats in lieu of bench seat $299,001 Cloth Captains Chairs wl Console -- YLT (Supercab, Crew Cab) 1 168 ' Carpet in lieu of-mbber floor covering $144.001 Color- coordinnted Carpet wlCarpeled Floor Alois 1 47R 1 Floor mats $94.001 All- Aealher Rubber Floor Alnts (req. Carpet, A'A raS lnyl (160)) Carpet with 168 or model upgrade. Dealer Floor nnats $95 1 924 1 Deep tinted glass NC1 Rear Window, Fixed Prflacy Glass wMefr•osier 92 415 7q add $149 (reet. 85.l Pourer Egriipnnenl Group) Rear AHndow ,Manual- SIlding wlPrivacy Tint 9241433 x1$224. Dealer tint front wnrdows regular cab at 5115 t 433 ' Sliding rear window $224.001 Includes 924 1 58B 1 AM/FM radio with single CD NCI Included in model upgrade or 61x 1 50n I Navigation system $794.00' Nmlgatlon l Sony hn -bash CD with AAOFAf Stereo , Requires EYLimtry, Lariat, volce rtmdgation Included with 63710 sen'Ices t 66c' "Blue Tooth" connectivity $419.00' COALilUNICATIOA'SP.iCKAGE (MC) Afallabllity: Included on 1'L AIld arrd STV Alid Opt, our 1L Base (Fleet Oid)) Requires: -1'L requires YL Phis Package (61Y) Speed control, cd Uykey at S449 hrcbudes: - dddilional steering wheel audio 1 centrals - SYNC& 1 on -Star NA 916 1 Satellite radio $194.00' Sirius Salelhle Radio AMA 1 3K' Third key $126.00' Use $240 far integrated key transmitter when ordering 85a or upgrade package 1 Bid Award Announcement (12 -20 -0905) 682 VEHICLE: 1-150 (FIC) DEALER: Duval Ford Duval Ford Duval Ford Duval Ford ZONE: *Western *Northern *Central *Southern BASE PRICE: $14,447.00 $14,214.00 514,447.00 $14,447.00 Bid Award Announcement (I2 -20 -0905) 683 Side air bags Std X I C 1 Extended cab model (4 door) $3,824.001 WIC 1 Crew cab $7,484.001 Short box, longivireel base req. engine upgrade and Includes SSa, 99f I Mega cab (extended 4 door cab) NA 1,40440 1 Long bed in lien of short bed $299.001 S' box on regular cab at 145 "wb wllh v6. Includes 99fm9th sapercab at no charge. use S1214 with crewcab which also includes 99fat no charge. S' box will! supercab at 163" ivb, and 6.5' box on crew at IS7 "irb., I LSL I Left-hand pillar mounted 6" spotlight with clear halogen bulb, dealer installed $495.001 For Remote operated Go -Light use S550 1 28L I Lett & right -hand pillar mounted 6" spotlight with clear halogen bulb, dealer installed 5796.001 For Remote operated Go -bight rrse $550 I VV 1 Vent visors - stick -on style $126.001 RS 1 Rainshields - flange style $130.001 9611 1 Bug shield $149.00' 54T 1 'frailer tow mirrors $139.001 Side Allnnrs Almntal Telescoping Troller Tow itlManual Glass (NA md85A Power Equipment Group) Reg and Supercab on },, hnchided with 60m, 60p. 54P Trailer low mirrors are $234 and required with 85a or model upgrade pactage I WGG 1 Wrap- around grille guard $1,236.001 TBZ 1 Aluminum tool box $385.001 Single lid locking 1 96P 1 Bedliner $349.001 Bed Mal itse S149 I 96w 1 Spray -on bedliner (Rhino, Line -X or approved equivalent) $474.001 Factory, for linex HD use $545 1 Tow hooks NA 535 HD 1 Class IV hitch and ball $515.001 !'RAILER TOIV PACKAGF. (535 HD) Usage: Reryuired for loirGigorer S, 000 lbs. Availabili4 Included on ,tZ Mid, ST,Y Atir7 `1,T,Wd ond.TLTDauq - Optional on AL Base, STYBase and,YLTBase -Standard on FX Lariat, KMggR(tnchV, Platinum, Limited and SNT Raptor hwlades: •7 yin miring harness -Airdliary transinisslon oil cooler Class IV trailer bitch receiver •Select Shift D- ansmission -Upgraded radiator and ball mount, ball, pin and clip 8kw 1 8,000 lb. winch with remote $1,196.001 Requires {jGG 1 535 1 I few), duty towing package up to 5,000 lbs. with appropriate hitch $374.001 TRAILER TOM' PACKAGE (535 HI)) Usage: Required for towingover 5,000 lbs. Availability: Included on AL.ifit! ST,Y Mid, ALT NirJ and ALT L+ttnry • Oplional ou AL Base, STP Base tmd ALT Base ,Standard on F,1; Lariat, King Rancho, Platinum, Limited and SVT Roplor lncludes: -7 -pin wiringharness vtncellfmy nzmsmisslon oil cooler -ClassiY traller hitch receiver -Select ShtR Transmission - Upgraded radiator 1 535 1 Heavy duty' towing package up to 7,200 lbs. with appropriate hitch $374.001 see above. Use option 60ra for over 7200 rating I FTC 1 Fiberglass tonneau cover (painted to match) $1,375.001 For Retrar retractable bed cover use $1296 1 MIT 1 Fiberglass cab high topper with front, side and rear windows (painted to match) $1,446.001 For windoors add $400 1 Bid Award Announcement (I2 -20 -0905) 683 VEFTiCLE: F F -150 (F1C) DEALER: D Duval Ford Duval Ford D 942 ! Daytime running lights $44.001 inmrobilize daytime running lights NA N2 1 Nitrogen filled tires including spare tire $196.001 Full size spare tire and rim Std tvlidbox body option NA STC i Steel trick cap $4,150.001 Requires Long Red,, na with Crew cob 1 Bua 1 Backup alarm $126,001 76c 1 Backup camera with 3.5" LCD (rear mounted camera to provide wide angle field of vision at rear $449,001 of vehicle) Rear view Canera (req, model upgrade and 61P AT Phis Pkg) Dealer camera 1s $695 no restrictions t 153 1 Front license bracket NC1 CSPU 1 Cab shield headache rack (protects back of cab) $550.001 PRPU' Pipe rack xv /expanded metal basket over cab (for pickup bed) $1,346.001 Pipe rack w /expended metal basket over cab (for utility body) NA i SLR' Single ladder rack side mounted (specify, street or curbside) $525.00" 31 \f 1 Optional equipment - specify Incl.' Out ofzore prnelme and deliver7v. Delivery to andnorized rehlcle modifier. Inchudes Ford pre delirery inspection 1 61P.61C 1 Optional equipment - specify $1,034,00'' ATphrs package: Includes 933 on Reg Cob, potrerslider on supercab and crew, reverse sensing. Requires 535 phis 61c conrenieuce pkg (power seat and pedals, SK' controls, SD nvw, upgrade mirrors and sync) Add $100 with crew. 1 I'M Optional equipment - specify $299.001 hrcluded with 627 option, required on Lli'li base regular cab 1 60m' Optional equipment - specify $844,001 10000 ,11av trailer tow package: for Reg Cab and Supercob LUT only. Req 991,.vb6,627,. Includes 535, toss, mirror, electric brake controller: With ntodel upgrade or 85a, use 60p at $939 l RPO 1 Optional equipment - specify $3.001 Any Factory opilor not listed within specf cation is eligible for the discount mnouw indicated as a credit per item op7he nnnrfacturer's current ,MSRP schedule included with bid solicilallon docmnents. Consult dealer orf eel fordcont for ilentization. 1 Temp 1 Temporary tag $6.00' Overages i vlll be refunded 1 TXFR 1 Transfer existing registration (must provide tag number) $90.00' Overagesivill be refunded t TAG' New slate tag (specify state, county, city, sheriff, etc.) $130.001 Overages hill be refunded t MP575 1 Mai ntenancePlan - specify $1,835,00' 5 Year 75,000 mile Prennhun ,Maintenance Plan. 15 service visits at 5000 mile inten,alsfor vehicles with Gas Engine, zero deductible. Police pursuit /Fire use lueligible. Prices quoted per ForddloCo Florida Retail ESP October 3rd 2012 Pricing Guide 1 Bid Award Announ.cemeiit (12 -20 -0905) 684 Bid Award Announ.cemeiit (12 -20 -0905) 684 17EHI CLE: F- 150 (F I C) DEALER: Duval Ford Duval Ford Duval Ford Duval Ford ZONE: *Western *Northcru *Central *Southern BASE PRICE; $14,447,00 $14,214.00 $14,447,00 $14,447.00 NIP675 1 i Maintenance Plan - speei ly l 6 3 ear 75,000 mile Prernitau ,lfalrtteaance Plan. 15 service visits at S000 mile intervals for vehicles iritli Gas Engine, zero deductible. Police pursuit /Fire use ineligible. Prices quoted per FordbloCo Florida Retail F,SP October 3rd 2072 Pricing Guide 1 IMP610 1 Maintenance Plan - specify 6 }'ear 100, 000 Write Premium ,liahttetuace Plan. 20 service visits at 5000 nnlle intervals for vehicles with Gas Engine, zero deductible, Police pursuit /Fire ruse hneligible. Prices quoted per Ford VoCo Florida Retail ESP October 3rd 2012 Pricing Guide 1 CB575 1 Warranty - specify 5 Yr 75, 000 mile zero deductible BdSECa e plan. 5 Yr 100,000 mile zero deductible use $ 1345. Corr plete pricing schednde available upon request For emetgeumy and fire applications add $605 surchorge. Prices quoted per Ford %IbCo Florida Retail ESP October 3rd 1012 Pricing Guide 1 CE575 1 Warranty - specify S Yr 75, 000 mile zero deductible E,LMCare plan. 5 Yr 100, 000 stile zero deductible use $2250. Complete pricing schedule available upon request. For emergency and fire applications add S555 surcharge. Prices quoled per FortlMoCo Florida Retail ESP October 3rd 2012 PrichngGuide i CP575 1 Warranty - specify 5 Yr 75, 000 mile zero deductible PREAIIU,IICar•e plan. S D, 100, 000 mile zero deductible use $2355. Complete pricing schedule available upon request For emergency and fire applications add 5505 surchage, Prices quoted per FordMoCo Florida Retail ESP October 3rd 2012 Pricing Guide l $1,$75.001 $2,365.001 $1,365,001 $1,590,001 $2,050,001 Bid Award Announcement (12 -20 -0906) 685 ..I GOVERMIMENT SALES Quote DATE 2/12/2013 ORDER NO, VIN COLOR White e. ® e • 0 0 Agency DELRAY BEACH Duval Ford Feet Sales EM Contact KEVIN RUMMEL Christy Self Phone 561 243 7333 (Work) 904-,388-2Y44 FAX 561 2726366 (Fax) 904 - 387 -6896 MOBILE 5616651115 Email: R[lMMELLQCI . DELRAY - BEACH. FL. US christy. self @duvalford. cons ArIrIrG?RC AAA S SWINTON AVE. 96960assatAve. ✓ax. Ft 32290 Sales Quote 41317 Contract Number 12.20.0905 12.10.0905 Code Equipment Contract 2013 FORD F -250 4X2 (F2A) HD -T-RAI - R-TGW- PKG-T -eHM L-HB- HASHERS; -7- PIN- R ©UN0- TRA46ER- FL4JGG,G1- A•6€4V+i w AUX. SPRINGS, REAR STABILIZER BAR, BALL MOUNT, 2" BALL, PIN & CLIP ELECTRIC BRAKE CONTROLLER LIMITED SLIIP DIFFERENTIAL CREW CAB w. 8` BED, 172" WHEELBASE POWER WINDOWS & LOCK FOR CREW CAS BACK UP ALARM THIRD KEY TEMPORARY TAG 5 YR/75,000 MILE EXTRA CARE WARRANTY $0 DED. REPLACES 200201 SPEC 4U— $17,243 T D- 52B 229 X3E W2A $3,799 90L B A 124 3K 6 TEMP 6 EGE575 $1,866 o a ac h Unit 2/12/2013 DELRAY BEACH F2A CS GOVERMMEIMT SALES Quote DATE 2112/ ORDER NO, VIN COLOR Whfte Safes Quote 41317 Contract Number 12.20.0905 12.10.0905 Code Equipment Contract 2013 FORD F -250 4X2 (F2A) �- "FR�t°I�: Eft• 9W-• F' ik6�+ �e�+ ta�asair�P+ fa- f�® rr�rr�t�ni >!.�t-Pt��eL•pr9:�t�rH AUX. SPRINGS, REAR STABILIZER BAR, BALL MOUNT, 2" BALL, PIN & CLIP LIMITED SLIIP DIFFERENTIAL BACK UP ALARM THIRD KEY TEMPORARY TAG 5 YR /75,000 MILE EXTRA CARE WARRANTY $0 DED. REPLACES 4410 SPEC 40 $17,77 �#-} 389 B 3K 96 TEMP 6 E E675 865 o a ac h unit MEWMIN Mom= 2/12/2013 DELRAY BEACH F2A CS GOVERPM] �J....:i rte' T. ..�....... .._.... EPAT SALES Quote DATE 2118/201 ORDER NO. VIN COLOR White '4 �'�J�1S�'sJ1J�fJ'll Sales Quote 41323 Contract Number 12.20.0905 12.10.0905 ® 1 Q O IJ Agency DELRAY BEACH Duval Ford Fleet Sales Contact KEVIN RUMMEL Chrlsty Self Phone 561 2437333 (Work) 904- 388 -2994 FAX 561 2726366 (Fax) 904 - 387 -6896 MOBILE 5616651115 3K Email; RUMMGLL @CI . DELRAY -BEACH . F'L. US christy.self@duvalford.com Addrncc 4R4 S SWINTON AVE. 1616 Oassat Ave. ✓ax, FL 32290 '4 �'�J�1S�'sJ1J�fJ'll Sales Quote 41323 Contract Number 12.20.0905 12.10.0905 Code EqUipMent Contract 2013 FORD F -350 PICK UP - 4X2 SINGLE REAR WHEEL, IN LIEU OF DUAL REAR WHEEL, 10,000# GVWR DELETE SPARE TIRE ELECTRIC BRAKE CONTROLLER THIRD KEY r.� r��r 7 nom' 1t 1 Ci4. T tY4RPJGn 'ir'nrr.wty ctl R4a 8- READING BODY, 98FASWHH FOR SRW, 56" CA BACK UP ALARM, DEALER INSTALLED THIEMAN 1500# LIFTGATE, w. ALUM. BI -FOLD PLATFORM LIFTMOORE 320OREE -11 ELECTRIC /HYDRAULIC CRANE w. OUTRIGGERS (MT. ON RIGHT SIC PRICE TO INCL. CRANE MASTER BODY, ADD'L LEAF SPRINGS & AXLE REALIGNMENT 5YR/75,000 MI. $0 DED, / EXTRA CARE WARRANTY w. BED DELETE TEMPORARY TAG REPLACES# 414 SPEC#44 9,50 F3A NC 51X 100 52B $229 3K 196 8SRB 5 5 5 760 24 TT16ET-AL $3353 ,850 E575G $2,945 TEMP 6 ITotal Each Unit ADDITIONAL O O OR CRANE: _ MANUAL PULL OUT BOOM EXTENSION TO 15 FEET ON CRANE° -° $125 WIRELESS RADIO REMOTE CONTROL FOR CRANE 2/18/2013 DELRAY BEACH UTILITY BODIES CS OVERMEMT SALES Quote DATE 211212017 ORDER NO. VIN COLOR White U- I o o o Agency DELRAY BEACH Duval Ford Fleet Sales Contact KEVIN RUMMEL ChristySe/f Phone 561 243 7333 (Work) 904- 368 -2944 FAX 661 2725366 (Fax) 904 - 387.6896 MOBILE 5616651115 Email: ER MMELL @CI DELRAY - BRACH . FL. US christy.self@duyalford.com A,4A dad c.WItirnnt AvF 1816 Cassa t Ave. Jax. FL 32290 Sales Quote 41317 Contract Number 12.20.0905 12.10.0905 Code Equipment Contract 2013 FORD F -250 4X2 (172A) i t + R+M8HEgR&q+t+R-0I AUX, SPRINGS, REAR STABILIZER BAR, BALL MOUNT, 2" BALL, PIN & CLIP ELECTRIC BRAKE CONTROLLER CREW CAB w. 8' BED, 172" WHEELBASE BACK UP ALARM THIRD KEY TEMPORARY TAG 5 YRI75,000 MILE EXTRA CARE WARRANTY $0 DEC). REPLACES 707 SP EN 0 $17,243 10 52B 229 W2A $3,799 BOT 4 3K 6 TEMP 6 EGES 5 $1,865 ITotal Each nl 2/12/2013 DELRAY BEACH F2A CS J : GOVERMMEPAT SALES Quote DATE 2118 ORDER NO. VIN COLOR Whlte Sales Quote 41323 Contract Number 12.20.0905 12.10.0905 -0 e- Equipment Uontract 2013 FORD F -350 PICK UP - 4X2 SINGLE REAR WHEEL, IN LIEU OF DUAL REAR WHEEL, 10,000# GVWR DELETE SPARE TIRE ELECTRIC BRAKE CONTROLLER THIRD KEY 6•P-AG 8' READING BODY, 98FASWHH FOR SRW, 56" CA BACK UP ALARM, DEALER INSTALLED LIFTMOORE 320OREE -11 ELECTRIC /HYDRAULIC CRANE w, OUTRIGGERS (MT. ON RIGHT SI PRICE TO INCL, CRANE MASTER BODY, ADD'L LEAF SPRINGS & AXLE REALIGNMENT 5YR 175,000 MI. $0 DED. / EXTRA CARE WARRANTY w. BED DELETE TEMPORARY TAG REPLACES# 4520 SPEC#44 $19,501 F3A NO 51X $ 00 52B $229 3K 96 8 R 5,5 76C 2 CRANE 317- 5 576G $2,946 TE 6 o a -Ea-Ch Unit ADDITIONAL-OPTIONS FOR CRANE: MANUAL PULLOUT BOOM EXTENSION TO 15 FEET ON CRANE .F 12 WIRELESS RADIO REMOTE CONTROL FOR CRANE 950 2/18/2013 DELRAY BEACH UTILITY BODIES CS � sr r� FA FLORIDA Asscx mA nvx vt• COUN IES AI(Abut -J� rtt7orida FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION 3/4 TON PICKUP TRUCK - 4X2 SPECIFICATION #40 2013 Ford F -250 SD (F2A) „pflfi�� N The Ford F -250 SD (F2A) purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and ESA'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 BASF.,PRTCE: $17,716,00 $17,243,00 $17,589.00 $17,589.00 While the Florida Sheri fTs 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, Nve have created speci fic add/delete options which allow the purchaser to tailor the vehicle to (lieir particular wants or needs, The following equipment delete and add options and their related cost are provided here to assist you in approximating llte total cost of the type vehicle(s) )roil 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 veltiele(s) you Ivisln 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) 747 NIEHICLE: F -250 SD (F2A) DEALER: Duval Ford Duval Ford Alan Jay Ford Lincoln ZONE: *Western *Northern *Central BASEFRICE: $17,746.00 $17,243.00 $17,589.00 Order Code Delete Options 5 -speed manual transmission with overdrive in lieu of automatic overdrive 66d I Cargo box and rear bumper 66D 512 2 Includes 51x. Included with optlonal bodies Factany Delete Cargo Box, bumper, mud spare tire carrier. Spare lire shipped loose. (DIr Retnore Box & Bruuper, lem•es Frane Um ned Spare Tire Carrier -5300) 2 L404 40 1 6' cargo box on crew cab or extended cab, not available on regular cab 142-1562 MUST SPECIFY I Req's F.xt or Crew Cab Upgrade 2 58), 1 ATM/FM stereo radio 58Y 2 m57 1 Air conditioning 572 2 51x 1 Full size spare tire and rim 51X2 Order Code Add Options Alan Jay Ford Lincoln *Southern $17,589.00 Western Central & Nortbern & Southern N'A NA $200.00 t ($175.00)' NC ($50.00)2 $5.001 ($10.00)2 $100.001 ($200.00)2 $100m, ($25.00)2 Western Central & Northern & Southern Please refer to Part D — Emergency Vehicle Lighting Specifications for lightbar descriptions and the awarded dealer pricing. 99'1' I Engine upgrade - specify $7,959.001 $7,950.002 99T 2 6.7L Power SrrokeO 4T' Diesel VS 99T1 (B20)/PorgShijl,D 6 -Speed Auto. Seleclshf O/D 1 6.7L 32 Yale Power Stroke KS Diesel 2 Engine upgrade - specl I'y NA INTA 98F r CNG model - specif}, $314.00' NA2 98F 2 6.2L Gas engine anti }5 Includes hardened Enghne Intake Valves and Valve Seats, Bi -Fuel manifold � GASEOUS BI FUEL PREP PKG 2 98G,CNG t CNG conversion (discuss with dealer) $15,000.001 $10,995.002 20GGE 2 6.21, gas eughte only, Includes hardened Engine Ittlake Valves and Palee Seats, BI -Fitel man fold. Call for ctnrettt can fgiuntiou and oplions 1 BI -FUEL CWG CONVERSION (Requires 98F) (Req's Compatible Borg) 2 98F.LPG 1 LPG conversion (discuss with dealer) $11,814.001 NA 61 Gas Engine Only, Includes hardened Engine hntake Valves and Valve Seats, Bt Fuel manifold. Call for Current cot+frg(ttntion and oplions 1 DRYCELL 2 Battery, auxiliary HD NTCI $329,002 Anxillmy ballet), Included ivilh Diesel, dual 73a 75OC'CA 1 SOOcca dpi cell (Add S250for dual diesel batteries) 2 Increase to 9,200 lbs. GVNR Std' Std 10000 grivr standard in base vehicle. 1 10, 000 GVIi'R 2 Bid Award Announcement (12. 20.0905) 748 VEHICLE: F F -250 SD (F2A) DEALER: D Duval Ford Duval Ford A 52D 1 Electric brake controller $229,00' $229.002 5213 2 Inchided in model upgrade package. Combo 714 tray plug and bracket deleted iiilli option 66d 1 Rep's Tow Pkg (Included frith .lfnnf Upgrade pkg) 2 Traction control Std' Std Adrance !lMv with RSC and trailer stray control I ME 1 Limited slip differential $389.001 $389,0021. ME 2 Electronic locking differential. 3.31 ratio on diesel, 3.73 on gas 1 3:73 E- Locking Differenial (Request,Wlfov4 :30 &Locking) 2 F2A.603A 1 Nfanufacturer's model upgrade package (specify pkg. bid) $4,034.001 $4,029.002 603A 2 XLT Model includes 603a package: chrome binnpers and grille, 62d, 91st, 96r, 64ir, 3s, carpel, mats, 907, 525,585,52b, interior and exterior upgrades. With x2a nse $4334 and with W211 nse $4834. YLT Regular Cab Only Includes: Chrome fi•1 /rr bumpers, 2 bar grille, .Natural ielescopinglnrr heated glass, 17" cast alwniwmn wheels, rear privacy glass, I Touch uphArn dnr pass pier whidays, 4-11), headrests, AHIT"I f CD 1 fN, cruise control, uplevel door trim, carpet)loors vlth mats, pi r locks, nrplevel cloth 40120140 vl anderseat storage, vanity ndrrors S) WC noire activated communications, Rentole Ke),less Enay, antitheft alarm, trailer brake controller ** (.ALT upgrade with E,xt Cab Cost $4329) (YLT upgrade with Crew Cab Cost $4829) 2 LS 1 Seat trim upgrade - specify $354,00' $894.002 2A or 28 2 lrinyl401console /40seatfor base vehicle only 1 Lucxmy Cloth 40/ConsolvM Sent 6 w q,ptrr driver seat (Rep's Ext or Crew Cab + XLT upgrade) (specify 2A Adobe, or 2S Steel) (Dealer Installed Leather Trim $1425) 2 90L t Power windows /door locks $894.00' $894.002 90L 2 Included in model upgrade. With u2a nse $1100. Opliot includes keyless, antitheft and 54kmirrors. 1 Includes remote keyless, manual telescoping nthrors tr /poiver heated glass. (Add $200.00 for Crew Cab) 2 525 1 Speed cmrtrol /tilt steering wheel $234,00' $234.002 525 ? Tilt is Standard hicltded with model upgrade package and 96v xl ratite option 1 hncluded ivitlr YLT try -grade 2 2s 1 Bucket seats in lieu of bench seat $514,00' $354.002 LS 2 Cloth Bucket seating with console. $614 tvlth Creir Cob,YL base package � Reg Cab Yinyl 40 /Console 140 Front Seat (2S On Reg d Ex1 Cab Cloth 40 1Console 140 $514) (28 On Crew Cab Cloth 40 /Console 140 $61 -1) 2 AS 1 40/20/40 seat ill vinyl Std' Std? AS2 is 1 40/20/40 seat in cloth $99.001 $99,002 1 S 2 Requires base wilt or x2a option. For use ivith ir2a use $314. Included in model wpgn'ade package Reg or Est Cab (Add $214 with Crete Cab) (hicltded ivith YLT) 2 Carpet in lieu of rubber floor covering NC1 NA? Requires model upgrade package 1 Included frith XLT up -grade 2 16S' Floor mats $59.001 $189.002 111Th 2 Requires model ITrade package. All ireather oplional mats. With x2a and ir2a use $74. Dealer installed available on base HDFloorlhierS),stent 2 DT 1 Deep tinted glass $165.00' $279.00? DTF 2 Rea•fl-xed privacy glass included frith nnodel upgrade au1433 option. Cost is $265 irlM x2a mud ir2a 1 Dealer Deep Hsu Film (Add $35 for windshield strip) 2 Bid Award Announcement (12.20.0905) 749 Bid Award Announcement (12.20.0905) 749 VEHICLE: F F -250 SD (172A) DEALER: D Duval Ford Duval Ford A 433 t Sliding rearlvindow $124.00} $124.002 433 2 Irrchudes prh•ac), tint ar reargloss } Included Privacy Glass oa rear udndow only 2 585' A \4/17,1\4 radio with single CD $274,00} $274.002 5852 Inehrded with model upgrade package and 90, 62d option } Includes,%jp3Player 2 2IN i Navigation system $909,001 $12,797.002 608A 2I N 2 For voice actimled naitation see 91nr sync sen'ices. Regnires Lariat (contents at htrp: / /�ru a .fordcondtrrrekslsuperdut3 /Irtnr/?trlur f350/arint) at $9884plus super cab, or lariat al S10S84 and crew cab. Dealer portable ntm at $256.) t LARIATExt Cab with rl'mIgalion Includes: Pwr Equip group, delayed accessory pwr, /nrr f t side windows one touch rrp/dow'n, prr door locks, remote keyless enay, perhneter, aniftheft alorur, purr telescope fold heater mirrors with hrrn sigrml, HD 200amp alternator, trailer brake control, 8' box, 18" Alum whls, chroure frt/rr btunper s, chrome grille, arnolanrp, rainlarnp, jog lamps, pirr sliding rear window frith defrost, body color hmrdles, A,11/FtiCD ,lIP3, S}wC voice aclis'nled caunnruhrntiarrs, Blrretootlr iri /h steerivgv/r! carmols, 8" LCD Screen, (2) USB ports, SD Lard reader, Dual Zone ,< Prenr Lthr Trinr 401console 140 seat, 10 waypn r drvt /pass, preur GOI40 vinyl rem•bexdb Color keyed carpel, n'/nrals, 110v ISDii'hn'erter, Electrochronrlcrear view mirror, NAVIGATION it,/ HD Radio (Crew Cab Includes Soat, Audio $1397) 2 91111 1 'Blue Tooth" connectivity $294.00' $363.002 914 62D 2 Standard with model upgrade package. Requires 90,62d option and 585 1 (Req's 585) SYNC with BlueTooth and Steering Wheel Controls -- INCLUDED }3'ITII YLT - -- 2 On -Star NA NA 39s' Satellite radio $194.00' $194.002 39S 2 Requires model upgrade 1 Reuj s 603A (Satellite Radio w'/ 6 coos trial) 2 3K' Third key $196.00' $140,002 3 K 2 A&V 75.00 for additional Remote w /Power Window Group 2 Side air bags Std' Std Safety Conop)k Can be deletedfor credit and written authorization. 1 X2A' Fatended cab model (4 door) $2,399.00' $2,397.002 X2A 2 158 inch wheel base l F,.rt Cab model irith 1/2 rear swing rear doors S' BHD 2 W2A i Crew cab (4 doom $3,799.00' $3,797.002 W2A 2 172 inch wheel base Crew Cab Model with 4frrll doors 8' BED 2 Mega cab NA NA 18B t Cab steps $319.00' $319.002 18B 2 For use witb,r2a,w2a use $369 t Add 550.00 for Extended and Crew Cabs 2 LSL' Left -hand pillar mounted 6" spotlight with clear halogen bulb, dealer installed $495,00 $450,002 is SPOT 2 Remote Go Light optional at 5550 t (DOOR ,UOUNT) Add $775 for LED light 2 2SL 1 Left & right -hand pillar mounted 6" spotlight with clear halogen bulb, dealer installed $796.00' $750.002 1,IZ -SPOT 2 1 Remote Go Light Optional at $550 1 (DOOR OUNT) Add 5350.00 for LED lights 2 Bid Award Announcement (12 -20 -0906) 750 Bid Award Announcement (12 -20 -0906) 750 VEHICLE: F F -250 SD (172A) DEALER: D Duval Ford Duval Ford A VV t Vent visors - stick--on style $126.00' $145,002 its 2 Ralnshdelds 2 RS' Rainshields - flange style $130,001 $145.002 itSF 2 Not available with power whidowgroap 2 61B' Bug shield $146.00' $205.002 BS 2 Dealer Installed 54d t Trailer tow mirrors Std' Std For Power telescopic use $164, Requires model upgrade WGG t Wrap- around grille guard $1,296.00' $995.002 WGG 2 Add 5300.00 for which mount plate 2 TBX I Heavy duty aluminum tool box $389.00' $389.002 ATB 2 Single Lid Locking 85L' Bedliner. $349.00' $349,002 85L 2 Factory drop in, for bed vial use 85at aw15134 1 Plastic drop hi bed liner (Dlr hislalled OBJI Bedliner 5279) 2 858 1 Spray -on Bedliner for pick -up truck (Rhino, Line.X or approved equivalent) $474.00 $449,002 85S 2 Factory light duty use, for HD Linex spray litter dealer itislalled use $525 1 Factory THiAispr(o,, plastic tailgate corer (HD Spra)-eu- Bedliner Dealer $579.00) 2 TCD' All terrain tread tires $454.001 $450.002 TCD 2 4LT265 Includes Black side wall spare 1IT 26517OR178 All Terrain 2 N2 ' Nitrogen filled tires including spare tire $196.00 $89.002 N2 2 KK8' Steel truck cap $3,896.00' $3,790.002 SPACE 2 Kwpheide or Reading Bratal, call for pleltrres 1 Requires s' Bed (Reading Space Cap nvith Flip tip gate (Add S550for 2 door module rear) 2 Tow hooks Std Std LG1300' 1,200 lb. lift gate $2,876.00' $2,895.002 LG12 2 1300 lb capacity 1 SKW 1 8,000 lb. n'inchwith remote $1,296.00' $1,195.002 8KW 2 Requires WGG 1 Requires Wrap around grill irlwinch plate 2 THD 1 Trailer towing package, to include heavy duty flashers, wiring for trailer phtg (7 prong $625.00' $670.002 CLVWC'2 round), and class TV frame mounted trailer hitch with 2" square removable receiver, 1" shank with 2" ball. Does not include trailer tow mirror's. May be dealer installed. 2.5 inch receiver hicluded with diesel engine model, 2 Melt wBh gas. hrcludes ma. springs and rear stabilizer bar, ball mount, pith clip and ball. For Palle combo add 52361 Replaces Factory (HD Class V 7Ytaii 2.5" Receiver, 7 Phi ]fire Harness, Salid Steel Shonk Drrnr Bar, 2 S 5116" Ball, pin & Clip 2 Lhix SB' Spray -on bedliner for utility body $695,00' $695.002 USOB 2 For Rear bumper add $75 1 8RB ' Knapheide, Reading or approved equivalent utility body - specify $5,515.00' $4,895.002 696J 2 Readliig Brawl, Requires 31v.31b. lnchtdes 66D. For ,tlasterlock option add $400. Flip Top lids add S700.00 1 hnapheide S' SR 11rUtllity Body Painted White (Includes box ttid bumper credit) Add $650 for Flip Top Lids 2 Bid Award Announcement (12 -20 -09015) 751 Bid Award Announcement (12 -20 -09015) 751 VEHICLE: F F -250 SD (F2A) DEALER: D Duval Ford Duval Ford A M 1 Manufacturer's standard service unibody, 14 gauge construction - specify. May be dealer $4,675.001 $5,718.002 U98ASltr 2 installed. (NOTE: If you are ordering a service body, we are advising you to contact your awarded vendor.) Knapheide Brand Requires 31 i0lb. Includes 661). For blasterlock option add $400. Flip Top lids add S700.00 1 Reading Classic11Body Painted If'l the(Includes box and bumpercredit) 2 8RBC 1 Manufacturer's standard service modular body, 18 gauge constriction - specify. May be $4,674.001 $5,123.002 U98ASL'W 2 dealer installed. (NOTE: If you are ordering a service body, we are advising you to contact your awarded vendor.) Reading Brand Requires 31%01b. Includes 66D. For Jlasterlock option add $400. Flip Top lids add $700.00 1 Reading Standard Line tilodularBoa5-Painted While (Includes box and bim"r credit) 2 PC 1 Powder coating for utility body $550.001 $5,995.002 U98ADW 2 ReadingBrandonly Reading Classic 11 Body Powder Coated White (itchides bon and bumper credit) 2 FTC I Fiberglass tonneau cover (painted to match) $1,496.001 $1,495.002 FTC 2 For Roll n Lack, or reirax bedcover option, rise $1396 t FCHT 1 Fiberglass cab high topper with front, side and rear windows (painted to match) $1,596.001 $1,780.002 FCH 2 For win doors add 5440. For bed slide acid 51326 I 942 1 Daytime running lights $44.001 $44.002 942 2 immobilize daytime running lights NA NA2 DO XOT ORDER DRL (942) 2 76c 1 Backup alarm $124.001 $149.002 BUA 2 76v I Backup camera with 3.5" LCD (rear mounted camera to provide wide angle field ofvision $469.001 $469.002 BUC -76V 2 at rear of vehicle) AIA with 66d. Factory requires 96i frith model apgrade package. Dealer camera on Service body trucks at $6951 Factory only m-allable in plck-ap models (.Irk! $175.00 for DEALER on borb, installations) 2 153 1 Front license bracket NC1 Std CI1R i Cub shield headache rack (protects back of cab) $496,001 $395.002 HAR 2 K%7aurled metal cab shield (ddd $299forstrobe beacons motaited on each side of cab shield) 2 PR PU 1 Pipe rack w /expanded metal basket over cab (for pickup bed) $1,396.001 $1,795.002 PRT 2 PR SB 1 Pipe rack w /expended metal basket over cab (for utility body) $1,446.001 $1,795.002 PRU 2 SLR PU 1 Single ladder rack side mounted (specify street or curbside) $426.001 $725,002 WG 1475 2 For pick tip nonek side rnoanted. For Service Body use $496 I 31v.31b 1 Optional equipment - specify Iuel, 1 $1,887.002 FUEL Out ofzone purchase and deliver, delivery to an amharized egtnipment up fitter. Ford pre delivery inspection TOOL 2 hnch(ded I Friel R Tool Box Combo includes; L Shape Fuel Tank; fool box, elecnle transfer pump, hose, nozzle, andflow meter) 2 Bid Award Announcement (12- 20.0905) 752 Bid Award Announcement (12- 20.0905) 752 VEHICLE: F -250 SD (l2A) DEALER: Duval lord Duval Ford ZONE: *Western *Northern BASE PRICE: $17,746.00 $17,243.00 Alan Jay Ford Lincoln Alan Jay Ford Lincoln *Central *Southern $17,589.00 $17,589.00 96I 1 Optional equipment - specify $794.001 $1,595.002 RNL 2 .V LrInterior package: power seal, power pedals, auto lamp, rain Iattrp, auto loch; secure code keypad Required with 76v and model upgrade package I ROLL --N —LOCK Tontemu Cover 2 96V.62D i Optional equipment- specify $663.001 $485.002 425-51172 M value package: includes SWC, 585, S25, chrome bumpers, wheel accents i JOTTO Computer moult stand (Add $299for 700w inveter with (2) IIOv outlets) 2 RPO Optional equipment - specify $3,001 $295.002 SAFE -T 2 And' Facloy option ?tot listed within spec{ncatloa is eligible for the discoaw amomhr indicated as a credit per item q# -tlre nurnirfacuu en's crn•reni AISRP schedule included with bid solicitation docrrntents. Cotsult dealer or fleetfa•dcorh for iJemirnlloa. 1 Fire Extinguisher; First Aid Kit, Road Triangles 2 SafeT 1 Optional equipment - specify $595.001 $1,795.002, WALB -P 2 DOTsafetykitivith0•l att g les, first aid andfireextinguisher i iPhelen Amber TFD Light bar with fi•i take downs, side alleys, & rear arrow stickjeature 2 TEMP I T'empor'ary tag $6,001 $25.002' TEMP 2 Overages will be refunded I TXFR I Transfer existing registration (must provide tag number) $90,00' $123,602 TRANS 2 Overages will be reftnuled I Includes nwo wrrp overnight shippiugfor signature 2 TAG I 2 New state tag (specify state, county, city, sheriff, etc.) be i $130.001 $175,702 TAG Overages will rejtrnded Includes two way overnight shippingfor signature 2 MP575 1 Maintenance Plan - specitj' $1,835,001 $575.002 BMP3 2 S Year 75, 000 tulle Premium GAS Afaintenmue Plan. 15 service visits at 5000 toile intervals for vehicles with Gas Engine, zero deductible. For GAS Chassis Cab vehicles use $2195 5 Year 75,000 mile Premium Afairrtenance DIESEL plan , I5 ,llaitrtettouce plan visits at 5000 mile inter als for vehicles with Diesel Eughae, zero deductible $3615. For Diesel Chassis Cab & Chrtmway vehicles use $3465. Prices quoted per FordMoCo Florida Retail ESP October 3rd 2012 PrichtgGriirle 1 3 TR 45K A11LE, SOOOK Ai 'TER ( EMERGENCY USE R INCOMPLETE IBIIICLES IMELIGIBLE) Add $575.00 for Diesel 2 \4P675 I Maintenance Plan - specif' $1,875.00 $765.002 BIYlP4 2 6 Year 75,000 mile Premhmt GAS Afaintenmrce Plan. 15 service visits at 5000 mile fater•als far vehicles with Gas Englue, zero deductible. For GAS Chassis Cab ehicles use $2245. 61 ear 75,000 mile Premium Alaintenmhce Plait. IS Alalntename plait visits at 5000 mile intervals for vehicles with Diesel Ettghhe, zero deductible is $3650. For Diesel Chassis Cab & Cutmway vehicles use $3520. Prices gtuated per FardMoCo Florida Retail ESP October 3rd 2012 Prichtg Guide 1 4 T'R 60KA11LE, 5 0 0 OK IVTERT'AL (EMERGENCY USE & hl'COAIPLETV VEHICLES AIELIGIBLE) Add S580.00 for Diesel 2 NIP610 1 Maintenance Plan - specify $2,365.001 $1,005.002 BN,FP6 2 6 Year 100,000 mile Premium Afai atutance Platt. 20 serrlce visits at 5000 mile intervals for vehicles with Gas Engine, zero deductible. For GAS Chassis Cab vehicles use $2800. 6Tear 100, 000 mile Premium Alaluleumrce Plan. 20 Alairrtename plan visits at 5000 mile intervals for vehicles with Diesel Engine, zero deductible is 54245. For Diesel Chassis Cab & Cutmwa}, vehicles use 54435. Prices quoted per Ford,VoCo Florida Retail ESP October 3rd 2012 Pricing Guhle I 6 YR i00KAI1LE, 5000KINTERirAL (EMERGENCY USE & INCOMPLETE VEHICL ESINF•LIGIBLE) Add $1090 for Diesel. 2 Bid Award Announcement (12- 20-0905) 753 VEHICLE: F -250 SD (M) DEALER: Duval Ford Duval Ford LONE: *Western *Northern BASE PRICE: $17,746.00 $17,243.00 Alan Jay Ford Lincoln Alan Jay Ford Lincoln *Central *Southern $17,589.00 $17,589.00 EGB575 1 Warranty - specify $1,590,001 $1,865.002 EC575 2 5 Yr 75,000 mile zero deductible BASECare plan, (Fire and Emergency use add $605 surcharge). 5 Yr 100,000 mile zero deductible use $2195, With bed delete a• ctumray Syr 100000 mile zero deductible 4000hr is $3225: 6m1 citassis for Fire EMS use add $ 755). Complete pricing schedule m'allable upon request. Prices quoted per Ford %Wo Florida Retail ESP October 3rd 2012 Pricing Guldel Extra Care Syr 754- nrtle ($0 Dee) 2 EGR575 1 Warranty - specify $1,865.001 $2,430,002 PC575 2 5 Yr 75,000 mile zero deductible Ea'2RACa•e plat? (Fire and Finergeno, use add $555 surcharge). 5)r 100,000 mile zero deductible use $2680. 1T'ith bed delete o• crtlmray 5yr 100000 mile zero deductible 4000 hr is $3655; 6v1chassis forFh•e E,i1S use add $755). Complete pricing schedule mailable upon request. Prices quoted per Ford tloCo Florida Retail ESP October 3rd 1012 Pricing Guidel Prendunt Care Syr 75k mile (SO Ded) 2 EGP575 1 1Varra11ty - specify $2,430.001 $3,465.002 PC6100 2 5 Yr 75,000 uttle zero deductible PREAHUAlCare plan (Fire and Fmergeney use add $505 surcharge). S Yr 100,000 mile zero deductible use $3350. li'itlt bed delete or etitmvay Syr 100000 mile zero deductible 4000 hr is $4140; 6r1 chassis jor Fire EA1,5 use add S75S).. Complete pricing schedtde mailable upon request. Prices quoted per FordWoCo Florida Retail ESP October 3rd 2012 Pricing Grddet Premium Care 6 yr IOOk mile ($0 Ded) 2 FDB575 1 Diesel Warranty -specify $1,690.001 $1,985,002 DEC575 2 5 2r 75,000 mile zero deduclible EASECare plan (Fire and Ente?gency rse add $605 surcharge), 51r 100,000 mile zero deductible use $2350. With bed delete at- culmray Syr 100000 mile zero deductible 4000 hr is $3950; 01 chassisjor Fh•e EMS use add S755). Complete pricing seheande mailable upon request. Prices quoted per ForddloCo Florida Retail ESP October 3rd 2012 Pricing Grridel Extra Care Syr 75k mile ($O Ded) 2 FDE575 1 Diesel Warranty - specify $1,985.001 $2,600.002 DPC575 2 5 Yr 75, 000 mile zero deductible EWACare plan (Fire and Emergency use add $555 surcharge). S 1'r]00,000 mile zero deductible use $2875. With bed delete or orim,a), Syr 100000 mile zero deduclible 4000 hr is S4525. W chassis jor Fire EA19 use add $W), Complete pricing schedule mailable upon requesi. Prices quoted per Ford UoCo Florida Retail ESP October 3rd 2012 Pricing Guidel Premium Care 5 yr 7Sk mile (SO Ded) 2 FDP575 1 Diesel Warranty - specify $2,600.001 $3,590.002 DPC6100 2 5 Yr 75, 000 toile zero deductible PRFAI(MiCare plait (Fire and Emergency use add $505 surcharge). S Yr 100,000 mile zero deductible use $3460. 1111h bed delete or cittmra), Syr 100000 mile zero deductible 40001rr is $5225: 6vI chassis for Fire EMS use add $755). Complete pricingschedtde mallable upon request. Prices quoted per ForddloCo Florida Retail ESP October 3rd 2012 Pricing Grride Prentitrnt Care 6 yr 1004- mile ($O Ded) 2 Bid Award Announcement (12 -20 -0906) 754 •u\ . FLORIDA l" MAT70NOF COUN MS AU about Florida FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION I TON PICKUP TRUCK (DUAL REAR WHEEL) - 4X2 SPECIFICATION #44 2013 Ford F -350 SD (F3C) oAF"�o u H "VCIA'� The Ford F -350 SD (F3C) purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: *Western *Northern *Central *Southern BASE PRICE: $19,635.00 $19,501.00 $19,635.00 $19,635.00 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/delcte 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 tite 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 ill 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) 834 VEHICLE: F -350 SD (133C) DEALER: Alan Jay Ford Lincoln Duval Ford Alan Jay Ford Lincoln Alan Jay lord Lincoln ZONE: *Western *Northern '*Central *Southern BASE PRICE: $19,635.00 $19,501.00 $19,635.00 $19,635.00 Western & Central Order Code Delete Options & Southern Northern 5 -speed manual transmission with overdrive in lieu of automatic overdrive NA NA SB Short bed in lieu of long bed ($50.00)' NC2 L404 40 2 Requires Ext or Crew Cab with SRW Opiloti 1 Single Rear Wheel only 2 66D 512 i Cargo box and rear bumper ($200.00)' $200.002 66D 2 FacforyDelefe Cargo Box, bumper, ardspare fire carrier. Spare fire shipped loose. (Dlr Remove Bor & Bnurper, lemes Franie ,llourie,d Spare Tire Carrier-S500) Included In body oplions, includes Six 2 58Y 1 ANINNI stereo radio ($10.00)' $5.002 58Y 2 572 1 Air conditioning ($200.00)' $100,002 M57 2 173A 1 Single rear wheels, 9,500 lbs. GWIR ($200,00)' NC 173A 2 bnchides 10000gvwr, 10200 supercab, 10500 n'ith crew cab 2 51X' Full size spare lire and rim ($25,00)' $100.002 51x2 Order Code Add Options Western & Central & Southern Northern Please refer to Part D — Emergency Vehicle Lighting Specifications for lightbar descriptions and the awarded dealer pricing. 99T 1 9912 98F' 98f 2 20GGE t 98f.18gge 2 98f.23u 2 67D 1 67d 2 Engine upgrade - speeity 67L 32 Valve Power Stroke 1' - -8 Diesel 1S7rh HD D- ansrrnission t 6.7L Power Stroke ®4V Diesel 118 99T/ (B20)/1'a•gSlriff,& 6- SpeedLiitio. SelecdhtO O/D 2 Engine upgrade - specify CNG model - specify GASEOUS CNG PREP PKG 1 Gas Engine only. Prep package: Hardened Erigbte lintake 1'ahves and Vahve Seats. Bi -Fuel inanijold 2 CNG conversion (discuss %vith dealer) BI -FUEL CNG CONVERSION ( Reg's Cornrpallble Body) (Keg's 98F) 1 Gas Engine only, htcludes 98f. Call for current con figuration and options mailable 2 LPG conversion (discuss with dealer) Gas engine only, includes 98f. Call for current car rguration and options mailable 2 Alternator, extra HD Extra Hem }, -Drily Alter ?rotor (200 At)tp; required w/41A Rapid -Heat Supplemental Healer, 473 Snow, Plow Pkg. or 66S Upfrller Switches; NA u,167A Daal Ahernators) 2 $7,950,001 $7,959.002', NA NA $314.00' $314.00' $10,995,00' $15,000.002 NA 1 $11,814.002 $74.00' $74.002 Bid Award Announcement (12- 20.0905) 835 VEHICLE: F -350 SD (F3C) DEALER: Alan Jay Ford Lincoln Duval Ford ZONE: *Western *Northern BASE PRICE: $19,635.00 $19,501.00 Alan Jay Ford Lincoln Alan Jay Ford Lincoln *Central *Southern $19,635.00 $19,635,00 67A' Dual alternators $379.00' $379.002 67a 2 Reels Diesel i Dual Alternators (Req. 6 M Power St rokee diesel englrre; total of 357 Amp) 2 SEIC 2 Idle control Stdl Std' Stationary Eles ated Idle Control 1 Stationary Elevated Idle Control (SEIC) 2 52B' Electric brake controller Incl.1 Std' 52B2 AddS229.00jorSR1VI Standard on dual rear wheel, With single rear wheal option add $229. Also included uvth model upgrade package 2 Traction control Std Std2, Traction Control/liwiler 54d91 Control (&OTC) DRiV a11). 2 X3L I Limited slip differential $349.00' $349.00'' X3L 2 3 :73 E- Locking DiOereata! (Rcgtiest .PdL fo' 4:30 E- Locking) 1 3.73 Ratio. On single rear wheel model wise $389 2 623A 1 Manufacturer's model upgrade package (specify pkg. bid) $4,029.00' $4,034.002 Iw3 C.623 A' YLT Regular Cab Only Inchrdes: Chrome fi•dir bumpers, 2 bar grille, Manual telescopnng pwr heated glass, 17" cast almuhuan wheels, rear privacy glass, I torch up,/dhwrt dnrpassptrrw•indows, 4wvq, headrests, 401FAlCB ,i1P3, crrdse control, uplevel door trim, carpet floors with mals, pwr locks, uplevel cloth 40120140 it/ rmderseal storage, vanity mirrors S191'C voice actiraled com umications, Remote Keyless Entt}; muitheji alarm, trailer broke controller " (W upgrade with Ext Cab Cost 54329) (,YLT upgrade with Crew Cab Cast $4529) 1 ,YLT model including 623a package: bnchrdes 525, 901,96v,585,52b,91m,3s, carpel hwterior and exterior n+pgrades. 11'ith super•cab use $4334, crew $4834. No change for Single rear wheel models. 2 2A or 2S 1 Scat hint upgrade - specify $894.00' $514.00' 2s 2 Luxury Cloth 40 /Co sole /40 Seal 6 way pwo' driver seat ( Ree's F.xt or Crew Cab +.PLT upgrade) (sped 2A Adobe, or 2SSteel) (Dealer Installed Leather Min $1425) 1 Cloth Lima), 4OlConsoleNO nr 16- trdp-powe' driver, 4 -way adjustable drivel /passenger headrests (SrperCab cY Crew Cab only; AA rr /Carpel Delete —166), ]I NVISOfr hn•erier otdla in rear console: $8941H1h XLTx3c /rr3a 40 mhrl console 40 cloth buckets in base package w3e ir3a is $614. 2 90L I Power ivindows/door locks $894.00' $894.002 90L 2 htcludes remote keyless, manual telescoping mirros w /power heated glass. (Add 5200.00 for Crew Cab) 1 Optional or,YL, Standard an A7,T& Lariat Not available with: Ah,ConditionhngDelete (572) Includes: Accessory delay Power locks Remote ke }less -ever} PerimelerAuli- 77neft Alarm Power front side - windows Power rear side- whnlors(CrewCab use $1100) touch up and down whndow driver and passenger ,1 Jarnnal Telescoping ?jailer Tow ,611rrors w /Power Healed Glass, healed convex sitotier mirror R hnegrated Clearance LampslTurn Signals (54K) (,r7, & 1'LT onl }) Upgraded door- trittryanel on YL Deletes: Passenger -side lock cylinder 525 1 Speed control /tilt steering wheel $234.00' $234.002 525 2 included h) ,UT upgrade I Tilt Standardd, hnchrded on model ripgr•ade and 96v. 62d 2 585 ' AIv TNf radio with single CD $27 +1.001 $274.002 585 2 Inchtdes,11P3Pl(p•er I hnchided on model upgrade and 96v. 62d 2 628A Navigation system $12,797.001 $909.002 21N I LARIAT Ext Cab widr A'avigation Includes: Pwr Egrrip group, delayed accessory pwr, pwr fri side windows one 2 l N 2 touch up /down, pw•r door locks, remote keyless enit}; perimeter oniithej) alarm, pwr telescope fold healer ndrrors with tanr sigrnal, HD 200antp allenrator, trailer brake control, 8' box, 181, Num whls, chrome fr9/rr bnanpers, chrome grille, autolonp, rainlamp, fog lamps, pwr slidb+grear whrtloty with defrost, body color handles, A,il/M CD AIP3, Si, \'C voice actiraled communications, Bhrelooth with steering wld controls, 8" LCD Screen, (2) USB ports, SD Card reader, Dual 'Lone AC, Prern Lthr Trim 401conrsole/40 seat, 10 w a , pwr dnvr /pass, preen 60140 vinyl rear bench, Color keyed carpet, a /utats, IIOv 1 SOfi'inrerler, Eleclrochromic rear view mirror, ,\'AYIGATIO,V w ✓HD Radio (Crew Cab hrchtdes San)-Audio $2397) 1 Bid Award Announcement (12 -20 -0905) 836 VEHICLE: 1 -350 SD (F3C) DEALER: Alan Jay Ford Lincoln Duval lord Alan Jay lord Lincoln ZONE: *Western *Northern *Central BASE PRICE: $19,635.00 $19,501.00 $19,635,00 For voice activated no14gatlo n see 9.1n) sync services. Requires Lariat (cottlents at hnp:/Atiwt, ford.cont/ trucks /superdutj /tri)r/?n'inr j3501ariat) at $5159, super cob, and model upgrade or lariat at $5659, crew cab, and model upgrade cwfgin'alian. 2 91M 62D' "Blue Tooth" connectivity 91111 2 (Req's 585) 5391'C 11-ith BlueToolh and Steering li'lteel Cotnii-ols -- IA'CLUDED IVITfl VLT - -- Sl'NC& Yoice activated Connni nicalions and Entertainment 111911 assistO (inchides USB port and AppLink, C0711PVSS in chisle)- Req. 961 -62D or 961 steering Wheel Audio Controls and 585 Radio; t \Tit 11/557 Alrbag Delete) included in )rodel upgrade package 2 On -Star 39S 1 Satellite radio 39s 2 Req s 623A 1 Standard with Lariat. Requires )rode] upgrade. 2 LS ) Bucket seats in lieu of bench seat LS 2 Reg Cab tiitgd 40/ConsoleRO Front Seat (2S On Reg R Ext Cab Cloth 401Consolel40 $514) (25 On Crew Cab Cloth 401Console /40 $614) 1 Vinyl 406411ttl- Console/40 (Regular Cab Base 0111)) 2 1 S 1 40/20/40 seat in vhryl AS2 1S 40/20/40 seat in cloth Is 2 Reg or Est Cab (Add $214 111th Crew Cab) (Included 11111),M) 1 With Crew Cab rise $314. Cloth 40120140 included in model upgrade packag0 2 Carpet in lieu of rubber floor covering Inchided lvith XLT Upgrade 1 Requires Model upgrade package 2 WTF 1 Floor mats 16s 2 HD A161ded Floor Liner S) stmt (Facloty mars not avallable on STD Rubber Floor) add $40 with Earl or Crew Cob 1 Floor Unis, All -11 eather (NA v1166 Carpet Delete) (Deletes Carpeled ,Llats) On super and crew cob use $74, Requires mod,I upgrade. l•or dealer mats itse $95. 2 DTF Deep tinted glass DT 2 Dealer Deep Tint Film (Add $35 for Windshield Strip) Use $265 with super and crew cobs. Included in model upgrade package lit rear windows. 2 433 1 Sliding rear window 433 2 hicltides Privacy Glass on rearlliiidorl only ) Includespivacytint 2 Side air bags Driver and Passenger frontal and side airbaglcurtain 2 3K 1 Third key 3K 2 Add $ 175. 00forremotewithpoi rer11ii)dondlockgroup 1 X3C 1 Extended cab model (4 door) X3 C 2 Est Cab nmdel with 112 rear swing rear doors 8' BED 1 W3C 1 Crew cab (4 door) W3 C 2 Crew Cab 4lodel with 4 fill doors 8'BED ) Mega cab Alan Jay lord Lincoln *Southern $19,635.00 $363.001 $294.002 NA NA $189,001 $194.002 $354.001 $354.002 Std) Stag $99.001 $99.002 NA1 NC2 $199.001 $59.002 $279.00) $165.002 $124.001 $124.002 Std Std $140.00' $196.002 $2,397.00' $2,399.002 $3,797.00' $3,799.002 NA NA Bid Award Announcement (12 -20 -0905) 837 VEHICLE; DEALER: ZONE: BASE PRICE: z F -350 SD (F3C) Alan ,lay Ford Lincoln Duval Ford * Western *Northern $19,635.00 $19,501.00 Alan Jay Ford Lincoln Alan Jay Ford Lincoln *Central *Southern $19,635.00 $19,635.00 18B I Cab steps 1 Std I L -SPOT LSL 2 LR -SPOT' 2SL 2 RS I vv 2 RSFI RS 2 BS i 61b 2 54d 2 WGGi WGG 2 ATB I TBX 2 W3A t L404 40 2 85L I 85L 2 85S I 85S 2 LG15 1 LG 15 2 LOKW IOKNV 2 TBIv1 I TBlv4 2 N2 I N22 6 "dngtularBlack,tlolded- Iry -Color Rrsrnhng Board (Std. xv1F- 3S0DR1{) $319 vfitb Single Rear Vieel Reg Cab, and $369 wilh Super and Crean SR11' 2 Left -hand pillar mounted 6" spotlight with clear halogen bulb, dealer installed Add 5175.00 for LED light I Left R right -hand pillar mounted 6" spotlight with clear halogen bulb, dealer Installed Add S350.00for LED lights I vent visors - stick -on style Rainshields - flange style Notrn- all ableu dthporreriu,indon,/lockgrotip I Bug shield Trailer tow mirrors Manual Telescoping 7i'aller Tole ,1lirrors (Power Heated Glass, !rented convey spotter mirror K Integrated Clearance LanrpslTurn Signals) packaged with 90L. Power Scope Trailer Tow bllrrors (Power Telescoping, Power Foldingu✓Poreer Heated Glass, Heated Convex Spoller Mirror R Integrated Clearance LighlsMira Signals) regrtires model upgrade and $164 2 Wrap- around grille guard Adr1$300.00 for u,irrch nionnt plate I Heavy duty aluminum tool box G cargo box oil crew cab F350 Crew Cab SRiV 6.5' Short Bed I Requires Single Rear wheel delete option 2 Bedliner Plastic drop -in- bedliner (Dlr Installed OEM1 Bedlhier $279) I Drop -int Bedliner— Late Availability — (A'A rr /53)1' S(h lf7neel /Gooseneck HUcb Prep Pkg. or 66D Picktp Box Delete) 2 Spray -on bedliner for pick -up truck (Rhino, Liuc -X or approved equivalent) Faclotp THIN spray, plastic tailgate cover (HD Spra)-o» Bedliner Dealer $579.00) I ToughBed (77dn Spra)-in Bedliner; Includes tailgate- Guard black box bed Tte -down hooks and black bed attachment bolts) For HD Ltnex brand use $49S 2 1,500 lb, lift gate 10,000 lb, winch with rennote Requires If7f G with whnek mount plate. i Requires 11,gg 2 All terrain tread tires LT245175R 17BA11 terrain I LT245175Rr17EBSffA T 2 Nitrogen filled tires including spare tire $450.00' $750.00' $145.00' $145.001 $205,00' Std 21 $495.002 $796.002 $126.002 $130.002 $130.002 Std St $995.001 $1,296.0 $389.00' $385.0 $2,399.001 N, $349.00' $349.002 $449.001 $474.002 $2,995.00' $2,890.002 $1,495.00' $1,536.002 $149.00' $149.002 $89.00' $1 Bid Award Announcernent (I2- 20.0905) 838 VEHICLE: F -350 SD (133C) DEALER: Alan Jay Ford Lincoln Duval Ford Alan Jay Ford Lincoln Alan Jay Ford Lincoln T , ZO \1u: 7i Western *Northern *Central Southern BAST PRICE: $19,635.00 $19,501.00 $19,635.00 $19,635,00 SPACE 1 Steel truck cap $3,790.001 $4,000.002 KK8 2 Requires S' Bed (Reading Space Cap with Flip up gate (Add $550 for 2 door nodule rear) 1 Subsiltute for Service body, call for piclures 2 CLV \1'C t Trailer towing package, to include heavy duty flashers, wiring for trailer plug (7 prong $685.001 $725.002 THD 2 round), and class IV frame mounted trailer hitch with 2" square removable receiver, 1" shank with 2" ball. Does not include trailer tow mirrors. May be dealer installed. (Replaces Factor)) 11D Class I'Titan 2.5" Receiver Hitch, Solid Steel ShankDrmr Bar, 2 & 5116 "Ball, pin and Clip t 2.5 inch receiver with diesel model. 2 inch svitli gas stir. htchedes sivay bar, aicr springs, bar, ball, pin and clip, 4 and 7 ivc9- phtg For Pirtle add 5245 2 USOB' Spray -on bedliner for utility body $695.00' $695.002 UnxSB 2 HD SPRAPONBEDLINER Floor Sides and inside tailgate. (Add$200for tops ofbores) 1 For rear btanper add $75 2 696D54J' Knaplicide, Reading or approved equivalent utility body - specify $5,395.00' $6,118.00' 8DRB 2 Knapheide S' DRiI' Utility Bed Painted While includes pair box and bnnnper credit (Add $650 for Flip Tops) 1 For nnasterlock option add $490. Lighting add $499• Flip Top lids add $790, Requires 31 v.31b. Includes 66d 2 U98ADW Manufacturer's standard set-vice unibody, 14 gauge construction - specify, Requires trailer $5,995.00' $6,050.002 8DKB 2 tow mirrors. May be dealer installed, (NOTE: If you are ordering a service body, we are advising you to contact your awarded vendor.) Reading Classic ll S' DRTi' Utility Bed Pointed Odle itrcludes pit box and bumper credit (Add $750 for Flip tops) t For nmsterlock option add $490. Lighting add $499. Flip Top lids add $790. Requires 31 v.31 b• Includes 66d 2 U98ADN I Powder coating for utility body Reading Classic 11 Utilty Body Powder Coated While includes PIUBOX & Bw raper Credit l $6,120.00' $550.002 pw PC 2 Requires 8DRB 2 FTC' Fiberglass tonneau cover (painted to match) $1,495.00' $1,496.00? FTC 2 FcII' Fiberglass cab high topper with front, side and rear windows (painted to match) $1,780.00' $1,596.002 F CHT 2 Add $375.00 for side access windows i For Win-doors add 5400. Bed -slide add $1496 2 942 1 Daytime running lights $44.00' $44.002 942 2 Immobilize daytime running lights NAI NA do not order drl (942) I BUA t Backup alarm $149,00' $124.002 76c 2 BUC -76V i Backup camera with 3,5" LCD (rear mounted camera to provide wide angle field of vision $469.001 $469.002 76v 2 at rear of vehicle) Factory only available in pick -tip models (Add $175.00 for DEALER an bo(l}, installations) 1 Requires 961 with model tgrgrade package. NA with 664 Dealer cantera is $695 2 153 2 Front license bracket Std NC2 I•IAR i Cab shield headache rack (protects back of cab) $395.00' $550.002 CS PU 2 E.iparnded metal cab shield (Add $299 for strobe beacons nnounted on each side of cab shield) 1 PRT' Pipe rack w/expanded metal basket over cab (for pickup bed) $1,795.00' $1,346.002 PRPUZ Bid Award Announcement (12 -20 -0906) 839 VEHICLE: F -350 SD (F3C) DEALER: Alan Jay Ford Lincoln Duval Ford ZONE: * Western *Northern BASE PRICE: $19,635.00 $19,501.00 Alan Jay Ford Lincoln Alan Jay Ford Lincoln *Central *Southern $19,635.00 $19,635,00 PRU 1 Pipe rack «-/expended metal basket over cab (for utility body) S1,795.001 $1,396.002 PR UB 2 WG1475 1 Single ladder rack side mounted (specify street or curbside) $725,001 $525.002 SLR 2 FUEL Optional equipment - specify $1,887.001 $5.002 TOOL 1 Fuel & Tool Box Combo Includes: L Shape Fuel Tank tool box, electric trcrosferptrnp, hose, nozzle, and jlmv RPO 2 ureter) 1 Any Factory option not listed vfilhin specification is eligible for the disconut amount indicated as a credit per Item o(fthe manufacturer's currentAISRP schedule included iddi bid solicitation documents. Consult dealer or Jleel,fordcom for itemization. 2 RNL 1 Optional equipment - specify $1,595.001 hlcl 2l' 31b.3ly 2 Roll —N— Lock TomrearrCover 1 Out ofzone purchase and delivery. Delivery to ardhorized vehicle modifier, brefudes Ford pre delivery inspection 2 JOTTO 1 Optional equipment - specify $485.001 $794,002', 9612 J0770 Computer mount stand (Add S299for 700w inveter with (2) 110v ag leis) 1 1'LT ItYTERIOR P,�ICKAGE (961) �h,ailability: Optional on,lLTArot mailable svillc RLT Prentiani Package (17P) 1'LT 1'alue Package (1719 Inchides: Powe rDriver Sear (641'(09 Power Adjustable Pedals Anro lamp /Rain lamp AutoLockMraot- unlock SecurlCode keyless -entry key pad (driver -side) Required with 91m and model upgrade Package. 2 SAFE -T 1 Optional equipment- specify $295.001 $664.002 96v.62d 2 Fire Kviinguisher First Aid Kit Road Triangles 1 XL NALUE PACKAGE (961') Availability: optional on xL Lrcludes: A,1DF,lf Stereo /Single- CDIiIP3 Pla},eiI Clockld4 speakers Cruise Control Chrome front and rear step bumper Bright chrome lurb covers and center ornaments (SR1l'0n1}) NOTE: Does nol include rear bu nper when ordered sr /66D Pickup Box Delete. Steering wheel controls 62d for use with sync 2 «rALB -P 1 SafeT 2 Optional equipment - specify 11'helen Amber LED light bar with front fake dow1u, side alley lights, and rear arrow stick feantre 1 $1,795.001 $4#6.002 DOT.eafety All with triangles, first Grid andfrre extbrguisher. 2 TEMP 1 Temporary tag $25.001 $6.002 Temp 2 Overages will be reJmded 2 TRANS 1 Transfer existing registration (must provide tag number) $123.601 $90.002 Tgfr.2 Includes two ivay overvNghl shippingforsignauue 1 Overages ivill be refunded 2 TAG 1 Ne1v state tag (specify state, county, city, sheriff, etc.) $175.701 $130.002 Tag 2 Iuchrdes tfvo ivay overnlghtslrtppingforsignature 1 Overages ivill be refunded 2 BNIP3 1 Maintenance Plan - specify $575.001 $1,835.002 M575G 2 3 PR 45A TOLE, 5000KINTERIrAL (EAERGENCPUSE &INCOd1PI,EMYFHICLESINELIGIBLE) Add 5575.00 for Diesel 1 51 ear 75,000 mile Premhan ,Maintenance Piro,. 15 service visits at 5000 Urile bitervals for vehicles with Gas Fngine, zero eleduclible, With Diesel pickup use $3615. For Chassis Cab & Cutmvay vehicles use 52195 with Diesel rrse $3465. Excludes Police, Fire, Emergency use vehicles. Prices quotedper ForAfoCo Florida Retail F.SP October 3rd 2012 Pricing Giuide 2 BMP4 1 Maintenance Plan - §peclf , $765,001 $1,875.002 M675G2 4YA60K, MILE, 5000KINTERI' A1, ( E, MF. RGRr\' CYUSERIA 'COMPLETEVEHICLESh\'ELIGIBLE)AM $550.00 for Diesel. 1 6 Year 75, 000 wile Premium ,Maintenance Plan, 15 service visits at 5000 ndle intervalsfor vehicles with Gas Engbw, zero deductible. With Diesel pickup use $3650. For Chassis Cab & Cutmra}, vehicles use $2240, with Diesel use $3520. Excludes Police, Fire, Emergency use vehicles. Prices quotedper FordWoCo Florida Retail Bid Award Announcement (12.20 -0905) 840 VEHICLE: F -350 SD (1-3C) DEALER: Alan Jay Ford Lincoln Duvai Ford GONE: *Western *Northern BASE PRICE: $19,635.00 $19,501.00 Alan Jay Ford Lincoln Alan Jay Ford Lincoln *Central *Southern $19,635.00 $19,635.00 Bid Award Annouricement (12- 20.0905) 841 ESP Geiober 3rd 2012 Pricing Guide G BMP6 Adaintenance Plan - specify $1,005.001 $2,365,002 \,1610G 2 6 SR IOOK,IIILE, 5000K1NTERNAL (F,AIERGFVCY USF, R hvCOAIPLETE 1rEHICLESMELiGIBLE) Add S1690.00 Fa• Diesel. 1 61 Year 100,000 tulle Premlriun Alaintenance Plan. 20 Afaintenance plan visits at 5000 mile intenalsfor vehicles with Gas Engine, zero deductible. With Diesel pickup use $4245. For Chassis Cab & Cutmerry vehicles use $2800, with Diesel use $4435. E,xchides Police, Fire, Emergency, rise vehicles. Prices quoted per FblylMoCo Florida Retail F.SP October 3rd 2012 Pricing Guide 2 EC575 i Warranty - specify $1,865,001 $1,590,002 EB 575 G 2 Fxtra Care Syr 754, mile (SO Ded) 1 51 r 75,000 luile zero deductible BASECare plan. 51 i� 100, 000 n+ile zero deductible use $2195. (Fire and Enrergeng, use add 5605 surcharge). With bed delete or culmrrry Syr 100000 mile zero deductible 4000hr Is 53215: 6v /chassis for Fh•e EATS use add $755). Canplele pricingschedide m•allable upon request. Prices quoted per- FordAloCo Florida Retail ESP October 3rd 2012 Pricing Guide 2 PC575 1 Warranty - specify $2,430.001 $1,865,002 EE575G 2 Premium Care 5 yr 75A• mile (SO Ded) 1 51'r 75,000 mile zero deductible EXTRACare plat 51i• 100,000 mile zeta dedrrclible use $2680• (Fire and Fnnergency use raid $555 surcharge). With bed delete or cutmeap Syr 100000 mile zero deductible 4000 hr Is $3655: (u /chassisforFire EMS rise add $755). Complete prichigschedule mailable upon request. Prices quoted per FordlloCo Florida Recall ESP October 3rd 2012 Prictng Guide 2 PC6100 1 Warranty - specify $3,465.001 $2,430.002 EP5750 2 Premium Care 6yr 1004, mile (SO Ded) 1 5 )r 75, 000 mile zero deductible PRF,MMICare plat 5 Yr 100,000 mile zero deductible rise $3350. (Fire and Emergency use add $505 surcharge), Wilh bed delete or calms), Syr 100000 mile zero deductible 4000 hr is $4140: (w /chassis for Fire EJIS use add $ 755).. Complete pricing schedule available upon request. Prices quoted per Fordt loCo Florida Retail ESP October 3rd 2012 Pricing Guide 2 DEC575 1 Diesel Warranty - specify $1,985,001 $1,690.002 FB575D2 Extra Care 5yr75k mile ($ODed) 1 5 Yr 75, 000 mile zero deductible BASFCare plan. 5 Yr 100, 000 mile zero deductible use $2350. (n, re and Emergency rise add $605 surcharge)_ With bed delete or entmray Syr 100000 mlle zero deductible 4000 hr is $3950: (w /chassis for Fire EATS rise add $75S). Complete pricing schedule mailable upon rearrest, Prices quoted per FordtlaCo Florida Retail ESP October 3rd 2012 Pricing Guide 2 DPC575 1 Diesel Warranty - specit }, $2,600.001 $1,985,00' FE575D 2 Premium Care SST 75k mile ($0 Ded) 1 5 3'r 75, 000 tulle zero deductible KURA Care plan. 5 Yr 100, 000 little zero deductible rise $2875. (Fire and Emergency rise add $555 surcharge). With bed delete or crdmvap Syr 100000 mile zero deductible 4000 hr Is $MS: (w/ellassis for Fire EMS rise add $755). Complete pricing schedule mailable upon request, Prices quoted per FordVoCo Florida Retail ESP October 3rd 2012 Pricing Guide 2 DPC6100 1 Diesel Warranty specify $3,590,001 $2,600.00' FP575D 2 Premium Care 6yr 1004- mile ($O Ded) 1 5 Yr 75,000 mile zero deductible PREAHUAICare plat 5 Yr 1011,000 little zero deductible use $3460. (Fire and Emergency rise add $505 surcharge). With beet delete or cutaway S)T 100000 mile zero deductible 4000 hr is $5225: 6t ✓chassis for Fire EATS use add$755). Complete pricingschedule mailable upon request. Prices quoted per FordAloCo Florida Retail ESP October 3rd 2012 Pricing Guide 2 Bid Award Annouricement (12- 20.0905) 841 `r h ` GOVEHMMEMT SALES Quote DATE 2/1 U120 ORDER NO. VIN COLOR White Agency DELRAY BEACH Duval Ford Fleet Saes Contact KEVIN RUMMEL Christy Self Phone 561 2437333 (Work) 904- 388 -2944 FAX 561 2726366 (Fax) 904 - 387 -6896 MOBILE 5616651115 Email: RVMIiELL @CT . DELRAY -- BEACH. FL. US chra sty. self @duvalford. com ArlrlrasG 434 S SWINTON AVE. 1616CassatAve. Jax, FL 32290 Sales Quote 41323 Contract Number 12.20.0905 12.10.0905 Code Equipment Contract 2013 FORD F -350 PICK UP - 4X2 SINGLE REAR WHEEL, IN LIEU OF DUAL REAR WHEEL, 10,000# GVWR DELETE SPARE TIRE ELECTRIC BRAKE CONTROLLER THIRD KEY G-PAG A4G�T-(;�4N 1Pl-PfG]d 8' READING BODY, 98FASWHH FOR SRW, 56" CA BACK UP ALARM, DEALER INSTALLED LIFTMOORE 320OREE -11 ELECTRIC /HYDRAULIC CRANE w. OUTRIGGERS (MT. ON RIGHT S11 PRICE TO INCL• CRANE MASTER BODY, ADUL LEAF SPRINGS & AXLE REALIGNMENT 5YR /75,000 MI. $0 DED, / EXTRA CARE WARRANTY w. BED DELETE TEMPORARY TAG REPLACES# 4660 SPEC 1970 F3A 1TC 5 00 52B $229 3K 96 8SRB 15 76C 24 CRA E 3K ,8 0 5 5G $2,945 TEMP 6 o a ac nl > rdc'Fr''e_' �s i' ,._yi=�V4t1,r4t1:�:1)aais xr.�.m JW`rv�v..:�c4v ADDITIONAL OPTIONS FOR CRANE: MANUAL PULL OUT BOOM EXTENSION TO 15 FEET ON CRANE ;12 WIRELESS RADIO REMOTE CONTROL FOR CRANE 2118/2013 DELRAY BEACH UTILITY BODIES CS r� ' {{ FA \ FL0111DA COUNTIES All About Norida FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION CARGO MINI VAN - FWD SPECIFICATION 430 2013 Ford Transit Connect (S6A) oAFtt� u H 2 ��CIA�o The Ford Transit Connect (S6A) 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 it part of this contract's vehicle base price as awarded by specification by zone. LONE: * Western *- Northern *Central *Southern BASE PRICE: $19,450.00 $18,992.00 $19,450.00 $19,450.00 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, 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 vehicles) you wish to order through this program. Simply deduct the cost of any of the fol lowing 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 (lie dealers, however, those listed here must be honored by the dealer's in your zone at the stated prices. Bid Award Announcement t (12 -20 -0906) 540 VEHICLE: T Transit Connect (S6A) DEALER: D Duval Ford Duval Ford D Order Code Delete Options Satellite radio S7C Delete side glass Largo Man XL - Intel. RearbVo Side Door Glass i Delete rear glass 87A Delete side and rear glass Order Code Add Options All :cones NA $50.00' NA $95.00' All Zones Please refer to Part. D -- Emergency Vehicle Lighting Specifications for lightbar descriptions and the awarded dealer pricing. S6B.310A \danufachu•er's model upgrade package (specify pkg. bid) Indndes all YL content, phis: Exterior Bumpers — pointer, body -color Defroster Package (reardefrosilheated mirrors MA w /110A) XLT bodging Interior Audho -- A, IPM stereo a ✓single -CD Mow, 2 speakers Crulse Control ,!lap lights — dual jronl Pou'er Grorrp — includes: pass enrhudotrs, locks, e.terior integrated spotter urirrors, remote k?,Iess -emhy n ✓hro key jobs Powetpoint —12M (single, in rear cargo a-ea)F.leelronic Passive (SPATS) S9B.510A I 90G I 90G.CNG' 90G.LPG 1 58T t NAV' 91s 1 87m 1 86R I Seat trim upgrade - specify Passenger van Exterior Body -color door boodles Bumpers pointed, body- color(rear defrosdheated integrated spotter mirrors) DoorsLH/RHsliding side Rear 180 degree siring open Front fog lamps Lighting integratedfog ianrps Minors Integrated spotter manual LUIRII Moldings — Bot4- side and wheel opening, gray, 77res P20S/65R -I5 BSiM (d) fall -size spare )$'reels IS "steel with 6 -spoAz wheel coverXI,T bodging Interior Air conditioning man ua! AnrdioAAfIrAl stereo n ✓single -CD player, adto Input jack-; Center console with 3 cop Itoldersk ,Ligltiogfronrpasseoger area dome, 2nd rocs, and rear cargo domes ,Uap lights dual front Alirror Dap /night Rearview• lnh-ror Overhead stowage shelf irfth net Pourer Grartp— includes: powerivindons, locks, exterior spotter mirrors, remote keyless- enttyw /hrokeyfobs Driver atdfront passenger cloth bickers, 2nd row, 3 passenger, split folding (60140) cloth bench Slecriug wheel — lift /telescopic Windows -2nd row fixed glass ll'hrdoustlocks SafeolSecntrio, Eteeiroole Possh•e Aolt -Theft 1 CNG model - specify CNG /LPG Gaseous Engine Prep Package I CNG conversion (discuss with dealer) CA'GILPG Gaseous Engine Prep Package. Tate availabilily. Call jar current configuration LPG conversion (discuss Nvitli dealer) CA'G/LPG Gaseous Englne Prep Package ady i AM /FM radio Nvilll slide CD Includedonmodel upgrade Navigation system Dealer insialledportable nav unit with rooms i "Blue Tooth" connectivity SYMCO 1101ceviclivated Communications System with USB does not include 911 dssist&, MR (Vehicle Health Reporiz) TDI (Tra,4re Directions, and info or appllnA) available only with SSt I Third key FACTOM'Spare Keys - Alannallls'o Frey Fob (2 Additlonal). 87R: Key hobs (2 Additional) $64 t Remote keyless entry Key Fobs (2 additional) ''Available only with Fleet XL Poster Group (86L) 1 $1,214.001 NA $1,369.00' $314.001 I $13,000.00' i $314.00', $294.001', $259.001 $394.00' $19.001 $64.00' Bid Award Announcement (12 -20 -0905) 541 VEHICLE; Transit Connect (S6A) DEALER; Duval Ford Duval Ford ZONE; *western *Northern BASE PRICE; $19,450.00 $18,992.00 861, 1 VV1 RS 1 66B 942 1 Tint I N21 BUA 65C 1 153 I BIN Illy 1 LRl I Bh2 1 DS1 101 Duval Ford Duval Ford *Central *Southern $19,450.00 $19,450.00 Power door & windows Availability: Oplional on XL van only Includes: Power door - locks, mirndouvs, mirrors and cruise control I Side air bags Fronlsealside 2nd row seat Requires passenger van option I Vent visors - stick -on style Rainshields - flange st},Ic 255 degree rear door opening Doors— rear cargo 255 degree hinged opening REQUIRES 86L, or model upgrade I Manual RHILH door sliding I Daytime running lights Immobilize daytime iuruii ig lights Deep tint for base Front Door srindosys add $90. Privacy Glass std I Class I trailer wiring Transit Connect is nol equipped orratedfor loving I Class I hitch Transit Connect is not equipped or rated for mmbrg 1 Nitrogen filled tires including spare tire Backup alarm Backup camera with 3.5" LCD (rear mounted camera to provide wide angle field of vision at rear of vehicle) Reariesv Camera M114 whir Fleet 1'L Posrer Group (86L) 1 Front license bracket Optional equipment - specify UIM0, Service package. Includes shels-ing, bulkheadpartilion cord drmverstack. AlumAuou contractor binlxrckage option $ 2236. Options available. Requires DS l Optional equipment - specify Double latch ladder rack: Requires DS I Optional equipment - specify Cargo rat Safetyparlition. Requires DS I Optional equipment - specify Delivery to gntalifred velilele upflner in hen orFOB destinationper bid requirements, Includesl+ord's pre delivery inspection I Optional equipment - specify Double drop down ladder rack I TEMP 1 Temporary tag Overages will be refunded I TXFR 1 Transfer existing registration (must provide tag number) Overages hill be refunded I Bid Award Announcement (12 -20 -0906) $694.001 Std NCI $150.001 $150.001 $239.001 SO $44.001 NA SO NA1 NA $196.001 $126.001 $469.001 NC1 $2,196.001 $895.001', $795.001 NA1 $1,696,001 $6.001 $90.001 642 VEHICLE: Transit Connect (86A) DEALER: Duval Ford Duval Ford Duval Ford Duval Ford ZONE: *Western *Northern *Central *Southern BASE PRICE: $19,450.00 $18,992.00 $19,450.00 $19,450.00 TAG � New state tag ( specily state, county, city, sheriff, etc.) Overages will be refunded t N15750 1 Maintenance Plan - specify 5 Year 75, 000 mile Premium Alaintenance Plan. l5 service visits at 5000 mile hnlervals for vehicles with Gas Engine, zero deductible. Police pursuit /Fire use Ineligible. Prices quoted per Ford lloCo Florida Retail ESP October 3rd 2012 Pricing Guide I M676G' \Maintenance Plan - specify 6 Year 75, 000 ndle Preuuiuum ,ilaintenance Plan. 15 service visits at 5000 mile intervals for vehicles irith Gas Engine, zero deductible. Police pursuit /Fire use Ineligible. Prices quoted per FordHoCo Florida Retail ESP October 3rd 20/1 Pricing Guide i M61 0G' Maintenance Plan - specify 6 Year 100,000 mile Premium Maintenance Plan. 20 service risits at 5000 mile I ten -als for vehicles with Gas Engine, zero deductible. Police pusuidFire use Ineligible. Prices quoted per ForddoCo Florida Retail ESP October 3rv( 2012 Pricing Guide 1 CB575' Warranty - specify 5 Yr 75,000 tulle zero deductible BASECare plan. 5 Yr 100, 000 mile zero deductible use S 1845. Complete prichrg schedule arallable upon request. Prices quoted per FordVoCo Florida Retail ESP October 3rd 2012 Pricing Guide 1 CE575 Warrant)' - specify 5 Yr 7S, 000 ndle zero dedudlble EURACare plan. 5 Yr 100, 000 mile zero deductible use $2250. Complete pricing schedule available upon request. Prices quoted per Ford,116CO Florida Retail FSP October 3rd 2012 Pricing Guide CP575 Warrant), - specit�, 5 Yr 75, 000 mile zero deductible PREUMAICare plan. 5 Yr 100, 000 ndle zero deductible use $2555. Complete pricing schedule m,allable upon request. Prices quoted per FordlloCo Florida Retail F,SP October 3rd 2012 Pricing Guide I $130,00' $1,835.00' $1,875,001 $2,365.00' $1,365.00' $1,590.00 $2,050.00' Bid Award Announcement (12 -20 -0905) 543 .....:jt'h1i.ifi.:�.r• •,gl Mike Davidson Ford DATE: May 9, 2013 Home of "The Good Guys" BILL TO: Kevin Rumell 9650 Atlantic Boulevard Delray Beach Jacksonville, FL 32225 Phone: 904,725.3060 X 1251 Fax: 904.723 -6122 .. .:. �:.:::. � ..:....... ...........................:... (realacina 443) :Contract Speclfieation Number { { ............................... ;VEHICLE AND OPTIONS B4A (DORA) < < $ 2 26,261.52 :2013 Ford Reg. Cab 137'WB SRW :Delete Spare Tire I ............................. -` ------......----.. ............................... . Included ;Factory Towing Package I - ------.,............ ............................... . Included Third KeY .... ............................. .. . .--------...... . ............................... ;Service Body ............................................................... ................... .------------------ . ....... ............. ..�................... 3,714.00 :Tommy Gate 1,300 # Aluminum 8i -Fold Gate f f 2 2,987.00 7- Pin Round Trailer Plug.. %Not RV sf} �1e1 ...... ............................... . ... �� ......... ................................... . ........... .....,.... 75.00 :Back 7 75.00 :Temp Tai . .................. . ..:.............:.....- .:. - -� -- $ - -------- $ - Subtotal $ $ 3 33,257.52 ................................... .............................. .......................... .................................. .......................... ...................._....._.... . ...............................................-------- - --- .......................... :Contract negotiated dealer Markup .... ......... ............................................... 665.15 :Tallahassee Fee $ $ 7 75.00 : Total ........................................................................................................................................................... . ............................... �....................... . ....................25,697:67.. :Transportation 2 200.00 5/75 Extra Care Warranty $0 Dedectlble $ $ 1 1,665.00 O Z 7> Customers Approval for above work: T TAX RATE . '•'• �°`�':;�y. <cMSOY7SKfj.�i,o. v wa�oc}: i w •va <; ; :. r••:; y£oS• ,,,+'; c._..ht:«k'.� -.'fir. .�`'. �:; G - -h ` Quote . . . . . . . . . . ..... . . . . . . . Mike Davidson Ford DATE: May 9, 2013 Home of "The Good Guys" BILL TO: Kevin Rumell 9650 Atlantic Boulevard Delray Beach Jacksonville, FL 32225 Phone: 904.725.3060 X 1251 Fax: 904.723- 6122#3:�4s1 »;:: »> - (replacing 447) CITY (JF T1t�� THAI VHJGI CQiVTRA�T QUC?T �11VIQUNT :Contract Specification Number .......... ............. .......... ............................... ............... ............................................. ........ ................... .......................... .... VEHICLE AND OPTIONS B4A ([FORA) > $ 26,261.52 :2013 Ford Reg Cab 137'WB SRW ::: : ::::.:::.....:..... :.......... ::.:::::::::::.:::::::::::. :::::::::::::::.,:: :: :::::: :::. :: ::::::,.... <..:...................... . ;Delete Spare Tire .................................................... ............................... .......................... ............................... ....-----......................................::............_..................... ......•.......................< t Included 'Facto Towing Packa e -- ----- ry ............. g..... ..........�.....- •- •- •--- - - - - -- ... .......................•....... .... Included :Third Key ----- •-- - - - -.. _._ .............. ................. ........................................................ ..... -• ......................................... > �.. ......-..------------------ ............................ s... .... 130.00...; Service Body .......................... .. 3,714.00 :Tommy Gate 1,300# Aluminum BI-Fold Gate ....................................................................................................................................................................:....................................... $ ............................... 2,987.00 7- Pin Round Trailer Plug RV Style) ... ............................... ..•. ...... .....................•..., ............................... ... ......•....................... ............................... 75.00 '. :Back up Alarm : 75.00 Tem Tai - - ........ $ .. 15.00 ................... ;Subtotal .......... . . .. .............. ........................ ........33,257.52 ;Ford Governm .................................. t.............-•--•---------.........._ ............................... Contract negotiated dealer Markup $ ...............•. ............................... 665.15 ..... ................................................................................................................................................................... ............................... j., ...... t.......................... 'Tallahassee Fee .....................................................................................................................•............ ..... ...... F ............................... ......................•..75.,00 (Total > $ .......................... ............................... 25,697.67 :Transportation......... ... ........:.............::....... ' $ 200.00 ...00....,. :5/75 Extra Care Warranty $0 Dedectible _ $ 1,665:00 SUBTOTAL $ .....:....... ..:.....;::27,562,67 :....:..::..::..:...£ Customers Approval for above work: t............... ................. .......... TAX RATR a Make all checks payable to Mike Davidson Ford. If you have any SALES TAX . . ................................. .................:....:.....::: i questions concerning this invoice, contact John Rossodivito at (904) 725 -3060 x 1245or JR @mikedavidson.com OTHER . .......... ........................... ............. ........ ........._; :l Quote Mike Davidson Ford DATE: May 9, 2013 Home of "The Good Guys" BILL TO: Kevin Rumell 9650 Atlantic Boulevard Delray Beach Jacksonville, FL 32226 Phone: 904.726.3060 X 1251 Fax: 904.723-6122 (rej)1ac1h,q 612) :Contract Number : � I ........... ­­- :VEHICLE AND OPTIONS 134A N ............. I ........... (P2� ........................................ ................ $ ...... .... ..... .................................. 30 066.36 .......... ;,2013 Ford Crew Cab 176"WB SRW :Delete Spare Tire ......................•..................... ........................... ................................. .............................................. ................ ............................... Included .......... .................. AD Alternator .......... ----------------- .............. ..................... ............ .... ...... . ...................................................... Included ... ............. ------------------- Included ........................ - ::Electric Brake Control ----------- I .......... ............................ ....... ......... ................... ..................... .......... Included ................ 1.1-1.1-1-1 :Third Key .... ............. . .......... ......... ............. ...... ...... $ 130.00 ........................ ;Tommy Gate Aluminum BI-Fold Lif!V� ........... ........... ...... $ 1Seryice.,Body .. ............................... ...... ......................... .......... 3,714.00 :Back-up Alarm ........ ................. $ ............... 75.00 7 Pin Round Trialor Light Plug (not RV style) ..................... ...... ....................... ........................................................................... $ ............ ...... ............................. 75.00 ................ - �Tipie.Rack e/Expandable Metal Basket ................. .................................. ............ .......................... ................... ................... ........... ............ 825.00 ................. $ ......................... 15.00 ............. ................ :'Subtotal .......... ........................ ........................... ........... ................................ 37,887.36 . ....... .................... .................... ............. ................ ................................. $ .............. ..................................................... ................ . ..... ............................... :Ford Government Price Concession (GPC) .................. ............ ............................................ $ .......... ...... .................. ...... ___ ............... ;Contract negotiated dealer M rk ................... . I ............... .............. 767.76 :Tallahassee Fee .......... 76,00 • :Total ............. ...... ------- ..................... .........•. .................. ................................................ 31,920.11 ................ ;Transportation 1 ............................ . .............................. ............................ ...... ........................................................................... $ ................. ................................ - 200.00 11.1-11.111-1- ......... ';5/75 Extra Care Warranty $0 Dedectible .................................. ­ ............... .................. ­- - -------- .................................................. ......... $ 1 665.00 SUBTOTAL Customers Approval for above work: TAX RATE ................ .................................................. wuote ............ . . . . . Mike Davidson Ford DA TE., May 9, 2013 Home of "The Good Guys" BILL TO: Kevin Rumell 9650 Atlantic Boulevard Delray Beach Jacksonville, FL 32225 Phone: 904.725.3060 X 1261 Fax: 904.723-6122 :Contract Specification Number .................... ........................................... ............................... ..................................................... ............................. I ...... ................ ............................................. :VEHICLE AND OPTIONS 134A ................... .................... ........................... $ ............. .......... 27,940.36 .......... 1:2013 Ford Reg. Cab 165'WB DRW ........... ................ ................. ------------ .............. ........ ........................................ :Electric Brake Control ................................. ............................. ....................................... .................. ............................... —.1.11 ............. ................................... ............ ...................................... Included ry Package ................ ......................................... ...................... ..... .......... ................... ---------------------------- Included Deleted Spare Tire ................................... ....................................... . ...... .................... ...................... ............ Included ...... ;HD Alternator .................. ...... ............. ...... ............. ......... .......... ............ Included ................... :Th.ird. .Key ............................ .. ..... ...... ........ .............................................. . ............ ......... ............................... ................... ... ..... - 130.00 - - Alarm ........... ..................... ............................................................................. .......... .................. $ .. . ...................... ................................. 75.00 :Temp Tag 15.00 12'L x 8'W Flat Bed w/ Head board 3 1/2' PVMXS123C ------------------ I ........................ ------------------------------ ........... I .......... ................................... . ..................................................................... 2,666.00 Melded Reinforced Hitch w/ Miltary Style Hitch, 2 D-Ring for Safety Chain ................................................. ......................... - .. . ........ I ................... .................... ...................... I .......... ...................... Quote ID 712062 .................. 7 Pin Round Trailer Light PILIg .......... ............................. ........ I ............................... ............. ......... .......................... .. . .............................. ............. ................ ............................... 75.00 .............. ;Subtotal ---------------- ..... .................................. ........................ .......................................................... ................ $ .......... — ....................................................... 30,901.36 ..................... .......... ............. ............. :Ford Government Price Concession (GPC) .............................. .............. I ................................. .................................. ...... ............... ...... ......................... ...... . ...... . .................. $ ................ ............................... negotiated dealer Markup ... ............ ............................. ...... .......... ............. .................. ............... ... ............................................................. 618,03 iTallahassee Fee $ 75.00 Total ........... ..... ............ ................ .......... -------------------------- .......... ............................................... 24,704.39 -Transportation .......... ...... ......................... ..................... ................... ..................... ........... ....... 200.00 :5/75 Extra Care Warranty $0 Dedectible ................................... ............... ................. ............ $ 1,665.00 — ........................... — .... SUBTOTAL mom Customers Approval for above work: TAX RATE ............................ -s Fleet Department y Date: 518/2013 KFYINT G. ItU-N IFLI, CITY OP DEI.RAY BCACII STATE TERM 561 - 243.7333 561.272 -5366 CELL 661.665.1115 CONTRACT # 071.000.13.1 RU M> LLQf YOELRAYBEAC GO Phone: (800) 972.3673 Office: (850) 398.6810 Cell; (850) 393.4723 Fax. (850) 3913.6827 Exterior Vehiole Color I Emergency Lighting: ls,=_z •.'. Driver side Passenger side Interior Vehicle Color Color Lights Seat Type Color Lenses COMMOpITY COpE Base Price 071. 310 -LINE 929 2013 FORD FCONOLIN}:1YAGO\ E- J511 S)UVLR FXT XL (,531)) I.FFTIRIGHT IIAND POWER MIRRORS 2 ADDITIONAL KIM (4'1'O'I'AI,) HIDUTY TRAILER TOW PKG POWER WINDOW & DOOR LOCKS C'RUISI_ CONTROL. FT c REAlk AIR COND Base Vehicle to Include ai No Charge 5, EL V -8 FNG 4- S Pt: ED AUTO PT LICL•'NSE PLATL 1191• lftcrowrket Options NON C:ONT'ItACI' OPTION 61100 [ \ I'RA CARD 1YARRAN rY (0) DIiD BACK -UP ALARM TF\1PORY TAG DU'PY $ $ $ $ $ INC h1SRP 12 %discount 120.40 45.00 285.00 495.00 240.00 Total $22,499.00 $10. 0 64Q 6 $39.6 0 414 $260.80 536 $435,60 903 $211.20 525 INC uC 99L uc 440 IIC 153 $2,875.00 $120,00 $8.00 $26,544.80 3oe Ae 15ales Maw-"r 8 0.3S-69'1_0 Office 8 393 -4723 Cell 850.398 -6827 FAX All vehicles will be ordered WHITE unless agency chooses a different color. Please return quote along with purchase order. jwc Appriecme your Interest in 0w 201 x12013 Slate or Finridn Motor Velilele C:onlrael 4060 South Ferdois ,Blvd., Crestview, t{L 32536 FLORIDA SHERIFFS ASSOCIA'T'ION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION HARLEY- DAVIDSON POLICE MOTORCYCLE SPECIFICATION #15 2013 Harley Davidson Electra Glide (FLHTP) a � The Harley Davidson Electra Glide (FLf-ITP) purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and ESA'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 PRTCE; $16,750.00 $16,750.00 $16,750.00 $16,750.00 While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted to identify and include those equipment items most ollen 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. The following equipment delete and add options and their related cost are provided here to assist you in approximating tine 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 /o• 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) yotu 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 tine dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Bid Award Announcement (12 -20 -0906) 306 Fit )FLORIDA %5s6cTxnoxor COUNTI" All /ib utnon1111 FLORIDA SHERIFFS ASSOCIA'T'ION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION HARLEY- DAVIDSON POLICE MOTORCYCLE SPECIFICATION #15 2013 Harley Davidson Electra Glide (FLHTP) a � The Harley Davidson Electra Glide (FLf-ITP) purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and ESA'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 PRTCE; $16,750.00 $16,750.00 $16,750.00 $16,750.00 While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted to identify and include those equipment items most ollen 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. The following equipment delete and add options and their related cost are provided here to assist you in approximating tine 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 /o• 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) yotu 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 tine dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Bid Award Announcement (12 -20 -0906) 306 VEHICLE: DEALER: ZONE: VASE PRICE: Order Code 91453 -OOA , 91448 -00 i 54180 -10 1 54179 -10 1 54178 -10 1 54177 -10 1 65989 -97C 1 53196 -09 1 69816 -10 1 69940 -10 1 69941 -10 t 72641 -10 1 69251 -04 1 69250 -04 1 91474 -07A 1 Electra Glide (FLIITP) Bruce Rossmeyer's Daytona Harley - Davidson Western. $16,750.00 Bruce Rossrneyer's Daytona Harley - Davidson Northern $16,750.00 Bruce Rossmeyer's Daytona Harley- Davidson Central $16,750.00 Ud Options Whelen electric siren, speaker curd microphone. Police Microphone Kit Black pre- drilled Tour Pak 110• LEDs White pre - drilled Tour Pak for LEDs Black Tour Pak without Holes While Tour Pak without Holes Auxiliary battery Adapter plate for mounting Tout- Pak LED Lights for Tour Pak (red with clear lens) LED Lights for Tour Pak (blue with clear lens) LED Lights for Tour Pak (split lens red/blue with clear lens) LED Light chrome trim ring LED Engine Guard Lights (red, blue, or split lens red/blue) Pursuit lanrps one red and one blue Stealth switch Solid color paint (other than birch white or vivid black) Two -tone paint Security System Temporary tag Transfer existing registration (must provide tag number) New state tag (specify state, coun(y, city, sheriff, etc.) Bruce Rossmeyer's Daytona Harley - Davidson Southern $16,750.00 All Zones $1,150.00, $175.00, $1,400.001 $1,400.001 $1,000.00 1 $1,000.001 $175.001 $100,001 $300.00, $300.001 $300.00, $25.001 $800.001 $700.001 $250.001 $500.00 $750.00 $350.00 $25.00 $150.00 $ 175.00 Bid Award Announcement (12 -20 -0905) 307 FLORIDA COAST EQUIPMENT, INC. 9776 W Boynton Beach Blvd Boynton Beach FL 33472 Quoted By: Joe Moreno Call 561-436-3909 PHONE. 581. 369-0414 FAX. 601-369-1282 EMAIL: MORENOOPLORIDACOASTMCOAf Contact: Phone N: Fax #: Emaii #: Shawn Beckowltz Customer Name: Address: City: State: City of Delray Beach 561-243-7400 501 W Atlantic Ave Delray Beach beckowitz@mydeiraybeach.com FL zip: 33444 QOMMENTS: %Prices f rprodu6t quioted.are,gO'QOJor.14 I (wo), the undersigned, hereby order from you the Equipment described below, to be delhv(ed as shmyn above. This order Is subject to your ability to obtain such equipment from Lhermnufacturer and you st- bounder nollabllity IfOofivoryof the equipawnt Is delayed orproventeJ duo lolabotdistutbances, transportation difficullios, or forony reason beyond your control. The price shown below is subject to youi receipt of the Equipment prior to any change In pricobytho rwrivfActufor. It Is also subject to any new or increased taxes Inposed upon the sale of the Equipment after the datoofthlaorder. ORDERING INFORMATION PRICING INFORMATION QTY. MODEL CODE DESCRIPTION AND SERIAL NUMBER UNIT LIST PRICE J UNIT CUSTOMER DISCOUNT PRICE TOTAL CUSTOMER DISCOUNT PRICE Catalog Price t Ito is being 0 ......... 1 RTV90OXTW-H Kubota 4wd Utility Vehicle, Diesel Engine, $11,721.00 $11,721.00 Hydraulic, Dump Bed, HD WorksiteTires, Front Grille Guard 1 V4237 Turn Signal Kit $262.00 $262.00 2 V4359 Side View Mirror - Cab $46,00 $92.00 1 V4215A Wiper Kit - Passenger Side $145.00 $146.00 1 V4267A Wiper Kit - Driver Side $145,00 $145.00 1 V4209 Front Heavy Load Strut Assembly $198.00 $198.00 1 V4212A Kubota Soft Cab w/Black Soft Doors, Orange $2,083.00 $2,083,00 Steel Top, Zipper Windows, Glass Windshield 1 E-R AL BED Aluminum Flat Bed $1,860.00 $1.,850.00 1 E-R 221 BOX 22" Side Open Box $1,437.00 $1,437.00 1 E-R COT ASAP Cot Adaptor w/ Ext, for Flatbed $924.00 $924.00 1 E-R ATT SEAT Attendant Seat wl Lockable Storage $1,090.00 $1,090.00 1 E-R CANOPY Canopy $2,476,00 $2,475.00 I E-R REAR STEP Rear Step Mount $259.00 $269.00 I Attach Kit 1 $56,00 $56.00 --,Quick :Total L EAR H66: , $0 .00 Disc.' S0to al: $22,737,00 :.Other Allov�anCes, MsT ins,'Frilzg6t or Mlsc; Charges Special Notes: Balance to be paid by: ❑ Cash Factory Freight $ 1,000,00 $23,737.00 Applicable Sales Tax: $ .............. Ace: $23,737,00 Down Payment: ❑ Finance Months @_% with Insurance $23,737.00 _Y or N Purchase Order H: CUSTOMER SIGNATURE: X DATE DEALER SIGNATURE: X DATE All Kubota Equipment sold are for use exclusively in the USA, not for export. Quote Date: 5/9/2013 The Standard-hlanufacturera Warranty Applies, which does not Include pick up or dellve!y. I Fetch's TraGtor Depot 8515 North SR 207 Hastings, Florida 32145 Phone: 904-692-3673 Fax: 904692-2842 QUOTE 312812013 Salesman: Travis Freeman Email: TravlsF@futchstractordepot,com cell: 904-669-8689 _GMY-OF DELRAY BEACH 772-380-7616 GlACCONE0,MYDELRAYBEACH.COM GREG GIACCONNE ............ ---------------- - - ---------------- "Z ........ .. . 2013 KU BOTA RTV900 $9,700.00 RTV90OXTW UPGRADE WORKSITE MODEL W/DUMP $2,300.00 V4216AIV4267A DRIVER & PASSANGER WIPERS $328.00 V4237 TURN SIGNALS $268.00 V4358 MIRRORS REAR VIEW QTY. 2 $31.00 EACH $62.00 V4212A SOFT CAB WITH BLACK SOFT DOORS, $2,314.00 ORANGE TOP, ZIPPER WINDOWS AND GLASS WINDSHEILD V4219 FRONT HEAVY LOAD SPRINGS $76.00 10% OPTION DISCOUNT -$304.70 QUOTED UNDER THE FLORIDA SHERRIFFS CONTRACT #12-20-0905 SPECIFICATION #14 - ------- - - ---- -- .. . ........ . ............ ....... .. ..... .. K" SUBTOTAL $14,742.30 ... .... .. . . TNsOaW rWosenls cost and proM to ft se7W cWWWOMS such as Wa mts related to WQfn qd prV D* M Less Trade In TAXABLE AMOUNT NA SALES TAX TOTAL SALE $14,742.30 ......................................................................................................................................................................................................................... ............................... TERMS: If balance due is charged to the customer's account, NET 10th OF THE MONTH FOLLOWING PURCHASE. All accounts not paid by the :10th of the month following purchase are subject to a FINANCE CHARGE at a monthly rate of 1.5% which is an ANNUAL RATE of 18 %, applied to previous balance without deducting current payments or credits. DiSCLAiMEROR WARRANTIES: All warranties on the product sold hereby are those made by the manufacturer. The seller FTD, inc. expressly disclaims all warranties either expressed or implied, including any implied warranties of merchantabilityor fitness fora particular purpose an FTD, Inc,, neitherassumes or authorizes any person to assume for any liability in connection with the sale of said product. ................ . ............ ............................................. ............................ ............................................ ....................................... .............................. .. ........................................ ........... ......................................................................................... ... ........................................... .......................... ............................................................................... .... ............. ............ : ACCEPTED BY CUSTOMER DATE Delivery $99 min delivery fee up to 35 miles, over 35 miles add $3.00 per mile. Payment BALANCE DUE $14,742.30 ......................................................................................................................................................................................................................... ............................... TERMS: If balance due is charged to the customer's account, NET 10th OF THE MONTH FOLLOWING PURCHASE. All accounts not paid by the :10th of the month following purchase are subject to a FINANCE CHARGE at a monthly rate of 1.5% which is an ANNUAL RATE of 18 %, applied to previous balance without deducting current payments or credits. DiSCLAiMEROR WARRANTIES: All warranties on the product sold hereby are those made by the manufacturer. The seller FTD, inc. expressly disclaims all warranties either expressed or implied, including any implied warranties of merchantabilityor fitness fora particular purpose an FTD, Inc,, neitherassumes or authorizes any person to assume for any liability in connection with the sale of said product. ................ . ............ ............................................. ............................ ............................................ ....................................... .............................. .. ........................................ ........... ......................................................................................... ... ........................................... .......................... ............................................................................... .... ............. ............ : ACCEPTED BY CUSTOMER DATE 7- jr c. 5y t: 7 r,jh - 1, Futch's Tractor Depot 8515 North SR 207 Hastings, Florida 32145 Phone: 904- 692 -3673 Fax: 904- 692 -2842 Purchase Order 3/4/2093 Salesman: Travis Freeman Email: TravisF @futchstractordepot.com cell: 904.669 -8689 DE RAY EACH FIRE AND RESCUE 501 WEST ATLANTIC AVE. DELRAY BEACH, FLORIDA 33444 561- 243 -7451 OBSGf2l}7fON $tk PYIcO ALUMINUM FLAT BED EACH $2,035,00 22" SIDE OPEN BOX EACH $1,580.70 COT ADAPTOR WITH EXTENSION FOR FLAT BED EACH $1,016,40 ATT SEAT EACH $1,199.00 CANOPY EACH $2,722.50 REAR STEP EACH $284.90 QUICK ATTACH EACH $61.60 PAINT UNIT $1,400.00 TOTAL: $10,300,10 10% DISCOUNT - $1,030.01 FREIGHT ON E -MURV $734.00 INSTALLATION OF E -MURV $975.00 _ =_ = =- = =_ _`_____ __________ _____ - - =: susrorAC 1 2009.10 - -- - - - - - - - - - - - - -- - - -- - - - - - - -- - - -- - - - - - tornasererldearerfot i ia ssuch as T tds hr t as ers cost an d o fit r, ea is t E ari and a us. tarts rt doaarXn r ted o ins de +>9. n8 4 n9 �� Pry _ ^' Less Trade in TAXABLEAMOUNT $12,009.10 SALES TAX NA TOTAL SALE Delivery Payment BALANCE DUE $12,009.10 $36,706.29 :.................................................... ...................... ..... ...... . ...................... .................. ... ....................... . ............... ......................... ................................ .......................................... ..... :TERMS: If balance due Is charged to the customer's account, NET loth OF THE MONTH FOLLOW] NG PURCHASE. All accounts not paid by the 10th of the month following purchase are subject to a FINANCE CHARGE at a monthly rate of 1.5% which Is an ANNUAL. RATE of 18 %, applied to previous balance without deducting current payments or credits. ....... .......................................................................................................................................................................................................................................... ..............................: ................................................................................................................................................................................................................... ............................... DISCLAIMER OR WARRANTIES; All warranties on the product sold hereby are those made by the manufacturer. The seller FTD, Inc. expressly disclaims all warranties either expressed or Implied, including any Implied warranties of merchantability or fitness for a particular purpose and; I FTD, Inc., neither assumes or authorizes any person to assume for any liability in connection with the sale of said product. ACCEPTED BY CUSTOMER DATE FLORIDA SHERIFFS ASSOCIA'T`ION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA. FIRE CHIEFS' ASSOCIATION 3,0 CU. YD, WHEEL LOADER (Z -BAR LINKAGE BUCKET - PARALLEL ARM OPTION) SPECIFICATION #30 2013 Caterpillar 924 'file Caterpillar 924 purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE; Western Northern Central Southern BASEPRICE: $118,596,00 $118,596,00 $118,596,00 $116,445.00 While (lie 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 va131 from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/deiete options which allow the purchaser to tai[o' tine 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 ally equipment Items you wish added to tine base unit cost to determine the approximate cost of the type vehiele(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 mast be honored by the dealers in your zone at the stated prices. Bid Award Announcement (12. 10.0905) 793 t aJ r`E. FA II ` FLORIDA UF' ' �gSI}C.IA'CIU\ COUNTIES tilt About Vodda FLORIDA SHERIFFS ASSOCIA'T`ION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA. FIRE CHIEFS' ASSOCIATION 3,0 CU. YD, WHEEL LOADER (Z -BAR LINKAGE BUCKET - PARALLEL ARM OPTION) SPECIFICATION #30 2013 Caterpillar 924 'file Caterpillar 924 purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE; Western Northern Central Southern BASEPRICE: $118,596,00 $118,596,00 $118,596,00 $116,445.00 While (lie 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 va131 from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/deiete options which allow the purchaser to tai[o' tine 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 ally equipment Items you wish added to tine base unit cost to determine the approximate cost of the type vehiele(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 mast be honored by the dealers in your zone at the stated prices. Bid Award Announcement (12. 10.0905) 793 VEHICLE: 924 DEALER: Ming Power Corporation Ring Power Corporation Ring Power CorporatioCV16,445.00 'Kell), actor Co. ZONE: Western Northern Central n BASEPRICE: $118,596.00 $ 118,596.00 $118,596.00 Order Code 390 -7390 906 2 390 -7392 907 2 390 -7395 908 2 367 -5791 914 2 Order Code 333 -6524 938 2 333 -6520 9302 314 -9191 950 2 319 -7391 962 2 327 -2554 9662 315 -4702 980 2 Delete Options Delete to minimum 110 hp 2.7 cu, yd. wheel loader Downgrade model - speci ty 906 BASE h1ACFImw ONLY 1 BASF 906 4390 -7390 N'L 11' /FREIGHT & PRF, P ONLY 2 Downgrade model - specity 907 BASE.ILMCHNE ONLY 1 BASE 907 4390 -7392 1PL ii' /FRBIGHT & PREP ONLY 2 Downgrade model - specify 908 BASE MACHINF ONLY 1 BASE 908 #390 -7395 HE WIFRFIGHT R PREP ONLY 2 BAS SE 914 9367 -5791 11L 11' /FREIGHT & PREP OA'L), 2 Delete cab and A/C Optional equipment delete - specify Optional equipment delete - specie), Optional equipment delete - specie), Add Options Upgrade to minimum 180 lip 4,0 cu. yd. «dieel loader wlth/215R25 LD radial tires 938 BASE ,1LtCI1NF, ONT,Y 1 BASE 933 033 -6524 111 WIFREIGHT & PRF,P OrYZY 2 Model upgrade - specify 930 BASE MACHINE ONLY t BASE 930 #333.6520 JVL WIFREIGHT & PREP OA'LY 2 Model upgrade - specify 950 BASF AMCHINE ONLY 1 BASE 950 4381 -8022 A'L I39FREIGHT & PREP ONLY 2 Model upgrade - specify 962 BASE MACHINE ONLY t BASE 962 #381 -8019 T 1'L IY /FREIGHT & PREP ONLY 2 Model upgrade - specify 966 BASE AM CHINE ONIX 1 BASF, 966 4369 -3304 111 1Y /FREIGHT & PREP ONLY 2 Model upgrade - specify 980 BASE IUCHINP, ONLY t BASE 980 #373 -8497 IYI. T VREIGHT & PREP ONLY 2 Western • Northern • Central S Southern NA N NA ($62,891.00)' ( ($61,203.00)2 ($60,239.00)' ( ($58,625.00)2 ($53,711.00)' ( ($52,243.00)2 ($39,570.00)1 NA I NA Western & Northern & Central Southern $25,595.0011 $23,039.002 $8,893.00' $10,333.002 $79,750,00' $141,912.002 $97,379,00' $162,719.002 $180,589.001 $345,921.001 $211,841.002 $355,629.002 Bid Award Announcement (12 -I0 -0905) 794 VEHICLE; 924 DEALER; Ring Power Corporation Ring Power Corporation Ring Power Corporation Kelly Tractor Co. ZONE: -Western Northern Central Southern BASE PRICE; $118,596.00 $118,596.00 $118,596.00 $116,445.00 Bid Award Announcement (12- 10.0909) 795 Model upgrade - specify 376 -0827 20.51125 Radial L3 tires $6,808.001 1 TIRES, 20,5 -R25, .ILYL, L3 1 366 -8173 Third spool valve /control lever $1,583,001 1 HiD,3KCOUPLFRRF,ADY,STDLIFT 1 Manual quick hitch coupler system NA 333 -6865 Hydraulic quick hitch coupler system $3,136,001 1 QUICK COUPLER, FUSION 1 315 -6741 2.5 cu. yd. multi- purpose (4 in 1) bucket $16,894.001 1 BUCKET, 122.2 "2.50C1D(,W) 342 -0110 Air ride seat $633.001 1 SEAT, DELU,IE 333-1368 A1\41PM weather band cassette radio $317.001 1 RADIO, CD PLAYER 1 Parallel arm "Tool Carrier" system NA No spin NA 333 -6526 Limited slip $1,805.001 1 DIFFEREA'TIAL, U,4IITFD SLIP REAR 1 Multi- purpose attachments - specity Multi - purpose attachments - specity Multi- purpose attachments - specify Multi- purpose attachments - specify Multi - purpose attachments - specify 366 -8126 Optional equipment- specify $1,488.001 1 FAri ,,IROA:1lENT, DEBRISPACKAGE 1 384 -6282 Optional equipment - specify $2,388,001 1 RIDF, COATTROL 1 333 -1450 Optional equipment - specity $633.001 1 CAMERA, REAR PIER' 1 360 -1840 Optional equipment - specify $95.001 1 MARrNING, BEACON, ROTATING 1 349 -8165 Optional equipment - specify $827.001 1 GUARD, POWFRTRNA; LOWER 1 346 -0402 Optional equipment - specity $317.001 1 GUARD, POIiERTRAIN, SIDE 1 349.8163 Optional equipment - specify $567,001 1 GUARD, CRANKCASE 1 349 -7940 Optional equipment - specif}, $361.001 1 GUARD, DMIESIMPT 1 333 -6962 Optional equipment - specify $313,001 1 JUMPER LINES, 3RD FUNCTION 1 Bid Award Announcement (12- 10.0909) 795 VEHICLE: 924 DEALER: Ring Power Corporation Ring Power Corporation Ring Power Corporation Kelly Tractor Co. ZONE: Western Northern Central Southern BASE PRICE: $118,596,00 $118,596.00 $118,596.00 $116,445.00 360 -3300 3145 -2750 3 YEAR/ 5,000 HOIJR' 5 YEAR / 7500' 29% Discount' 29% Discount 2 Optional equipment - specify ARAt ,ALITERIAL HANDLING 1 Optional equipment - specify FORK, 72" cONsrRUcr1ON i Optional equipment - specify Optional equipment - spccil}, Optional equipment - spcclf , Optional equipment - specify Temporary tag Transfer existing registration (must provide tag number) New state tag (specify state, county, city, sheriff, etc.) Maintenance Plan - specify Maintenance Plan - specif , Warranty - specify PRFAIIF,R F,SC I Warranty - specify POJJ'WRAIN 1 Discount percentage off manufacturer's current published retail prices for non - specified options and any optional models bid. This discount ONLY APPLIES to a downgrade or an upgrade to the model listed in this specification. It does not apply to a completely different make or model. (The discount is applied to (lie manufacturer's current published retail prices.) 29% DISCOUNT ON CAT 924 & 930; 28916 DISCOUNT ON CAT 906 THROUGH 911.27% DISCOUNT ON CAT 938 & 950; 24% DISCOUNT ON CtfT 962 THROUGH 972; 1 S% DISCOUNT Oi\' CAT 980. 16% DISCOUNT ON ALL CAT WORK TOOLS ( BUCKETS, RAKES, ETC) t 29 %Discaod on Cat Jfl;eel Loaders models 924& 930. 28% Discount on models 906 - 914.271% Discount on 938 R 950. 24 %Discount on 962 8.972. 18% Discount on 980. I6 %on Cat Work Tools. 2 $3,779.00' $8,428.00' $3,494,00' $2,031.00' Bid Award Announcement (12 -10 -0906) 796 Kelly Tractor Co. I V13 May 9, 2013 rev05O9A City of Delray Beach Attn: Kevin Rumell (561) 243 -7333 REF: Caterpillar 914G2 Compact Wheel Loader Quoted per Florida Sheriff's Association Contract #12.10 -0905, Specification #30 BASE UNIT PER CONTRACT CATERPILLAR 924 $116,445 A DELETE OPTIONS 914 DOWNGRADE TO BASE CATERPILLAR 914 $ - 38,418 B NON- SPECIIiIED OPTIONS 367 -5791 91402 WHEEL LOADER BASE 386 -1234 ENGINE, TIER 3, ELECTRONIC $ 2,065 383 -4228 DIFFERENTIAL, STANDARD, FRONT 383 -4230 DIFFERENTIAL, STANDARD, REAR 241 -9262 HYDRAULICS, 3 VALVE $ 2,575 177 -2035 LIGHTS, DIRECTIONAL 237 -9935 STEERING, STANDARD 107 -4626 CONTROL, TRANSMISSION, STANDARD 107 -4841 SPEED CONTROL, STANDARD 367 -5886 CAB, SLIDING GLASS $ 580 107 -4642 MIRRORS, OUTSIDE MOUNTED $ 472 239 -5814 SEAT, COMFORT, AIR SUSPENSION $ 845 223 -7937 BELT, SEAT, 2" SUSPENSION 367 -5696 HEATER AND AIR CONDITIONER $ 4,430 385 -5823 TIRES, 17.5 -R25 XHA* L3 $ 2,530 107 -4705 FENDERS, STANDARD 372 -0389 ENCLOSURE, STANDARD 239 -2229 VALVE, DRAIN, ECOLOGY $ 91 236 -5652 INSTRUCTIONS, ANSI 421 -8926 SERIALIZED, TECHNICAL MEDIA KIT 167 -7692 RIDE CONTROL $ 3,155 107 -6142 LIGHT, WARNING BEACON $ 391 242 -9456 ALARM, BACK-UP 115 -1317 ACCESSORIES, 12 VOLT $ 237 107 -4641 SUN VISOR, FRONT $ 74 107 -4738 COUNTERWEIGHT $ 845 123 -8032 TOOL BOX, LOCKABLE $ 305 156 -7967 PRECLEANER, CYCLONE $ 398 147 -0500 QUICK COUPLER, HYD.,3RD VALVE $ 8,138 344 -3839 MAX WEIGHT INSTRUCTIONS 209 -7763 LOCKOUT, CONTROL HANDLE 112 -3121 BUCKET, 13 CYD GENERAL PURPOSE $ 5,049 9W -8618 CUTTING EDGES, BOLT ON, 3 PIECE $ 690 257 -6113 CARRIAGE, STD COUPLER $ 2,363 6W -9739 FORK TINES, 2" X 5" X 53" (QTY 2) 1472 NON - SPECIFIED OPTIONS SUBTOTAL $ 36,705 27% CONTRACT DISCOUNT $-9,910 NON - SPECIFIED OPTIONS TOTAL $ 26,795 C I Miami Davie West Palm Beach Clewiston Haplos Ft Myers odando (Cranes Only) Klay I'M V)St 20)1N.4" "Im GAO0r*hi:'(-a BNq U)1 F. Ihry c3'r,'Pro�fk?:1he (E51Kc.1,'TraitMOr 17- ,K0EW ,blCr h'TarJ,It0(d [We,F1 :32114 V0'tPAIF'.mk ft. "MI I f,( :',tx,IL X11 19 tk''osagmlo1 Ft Mw; ,11333/5 CAWOi,ftamn I'M 5317 (7-0 11.6101 (Vil l (33.1231 IM O33 $171 (V j) 473•3t� (23910.7e 9Ko (407) R3 gm FAX 13731477.21v14 FAX (�1) 591•l''51 fAX IVA Q@ 41'01 FAX (W3)NQ•1((0 FAX 0"I21M7510 FAX IMIV0-tiIP IAX NO VF -Ml �;?;K�irr�acror; r Kelly Tractor Co, :viy t,� 43.sY15iTC I3:0 xv:nu.,rre;,oa CONTRACT TOTAL $104,822 36 months /3,000 hours Premier ESC (Full Maclaine) Warranty 4,4 QUOTE GRAND TOTAL $ 109,255 FOB City of Delray Beach Thank you for your consideration of our product, Quote is valid for sixty days. Greg Bennett Governmental Sales Office 305 -592 -5374 ext 1121 Fax 305 -477 -2024 Cell 786- 229 -7037 A +B +C 2 6liaml D Davie M Mst Palm Beach C Clevilsion N .ti'•�. {i'F.%'• �<,$e,E,3t??i;�.G�S" . Hof O.�S �r6S Mike Davidson Ford Home of "The Good Guys" 9650 Atlantic Boulevard Jacksonville, FL 32225 Phone: 904.725,3060 X 1251 Fax: 904.723 -6122 DATE: May 9, 2013 BILL TO., Kevin Rumell City of Delray Beach Contract Specification Number ..... ............................ ... ........................................................ ............ .---------------------- . ....................... . ...... ... ................ I ............ .... VEHICLE AND OPTIONS B4A (DORA) $ 501952,20 ........................ . ...................................................... ......................... ......................... ..................................................................... {...........................,........ ............................... 16' Godwin Trash body, PTO, Hoist, Manual Tarp, tapered from 48" to 24 ". ` $ 11,925.00 ......... .......- .................,...,. ....................... ..., ............................................................;....,......,.,......,.,.............. ............................... (Includes LED lights .20 ton pintle, D Rings Full tarp, and windowless headboard) t 628 77.20 Subtotal ........................................................................................... ............................... ..•--------•--•-------.....................................$. ............--- ..------- • - - - - -- ...............r...... ---------------------- .............................. ..,. ........... . ...................... .-.._.••- .............. ........ I .......... 1. ................ .............. ............................. --...,.... ........ . .................... .. ............................... Ford Government Price Concession (GPC)........... - (4,000.0 .......... ................. .................................................................... ........... ................ ,..... ................ ........-..-• ............................ ............................................................................... ;ontract negotiated dealer Markup ? $ 1,257.54 ........ _ ....... ........ ................... ............................... . ......... ... ................... Fallahassee Fee ' $ 75.00 60 209.74 Fotal .......... ............................... ,.,.,,.,.,.,...,............... ......;.. ��......................,... .......,.......,............... ....... ............ ....................................._..... ..... . ... . ......... ... .......... ... ............... , ....... . ..................... . ...... ..... ....... .......... .�....... ,,.., ......,.,..,........... ............................... Ford ESP 5 Year /100,000 Mile Base Care Warranty, $0 Deductible ? $ 3,745.00 ............. ..............--•---------........._.. ....................................................................... ...... .... - ................. ............................................ ..................------ ....... Customers Approval for above work: Make all checks payable to Mike Davidson Ford. If you have any questions concerning this Invoice, contact John Rossodivito at (904) 725 -3060 x 1245or JR @mikedavldson,com SUBTOTAL TAX RATE SALES TAX OTHER TOTAL City of Tallahassee Contract 2518 / Mike Davidson Ford Vehicle Pricing Summary Ford vehicles sold under Contract 42518 will be made available to all government entities within the State of Florida. The pricing for all vehicles, equipment, and accessories will be based on dealer's net cost plus 2 %, minus Ford Government Price Concessions. CONTRACT No. 25, a THIS CONTRACT is executed this day of 2011 by and between the CiTY OF TALLAHASSEE, a Florida municipal corporation, hereinafter called the "City ", and DAVIDSON FORD LTD, dba MIKE DAVIDSON FORD, hereinafter called the "Contractor", WIT NESS ETH: WHEREAS, the City issued RFP No. 0020- 11 -KR -RC (such document and all addenda thereto, if any, being hereafter referred to as "RFP ") seeking proposals for light duty vehicles, including associated accessories or equipment; and, WHEREAS, on March 22, 2011, the Contractor submitted a certain proposal ( "Proposal') in response to that RFP; and, WHEREAS, the City and the Contractor desire to enter into a contract for the purchase of light -duty vehicles, including associated accessories or equipment, all as more particularly set forth in this Contract; provided, however, that nothing in this contract shall prevent the City from leasing or purchasing such vehicles from another dealer or manufacturer if in the City's opinion it is in their best interest. NOW, THEREFORE, in consideration of the mutual promises and covenants, obligations, and terms hereinafter set forth, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, City and Contractor hereby agree as follows: SECTION 1.0 Purchase of Vehicles. 1.1 Contractor shall provide such light duty vehicles, Including associated accessories or equipment ( "Vehicles "), as the City may order from time to time. All Vehicles shall be priced, designed, manufactured, and equipped in accordance with the specifications set forth in the Proposal and applicable Change Orders executed by the parties unless otherwise stated in this Contract. All Vehicles shall conform and comply with all applicable federal, state, and local laws, statutes, ordinances, and regulations. if so requested by the City, Contractor shall install associated accessories or equipment or shall cause the manufacturer of associated accessories or equipment to install or mount the same. Contract [Ltgla -Dirty Ye]* 14 Page 1 of I a 1.1.1 The Contractor and the City Fleet Management Division ( "FMD ") may schedule the following meetings with respect to each order received from the City. (1) A pre - production meeting to completely review the Vehicle specifications prior to commencing assembly or production. At the discretion of the City, this meeting will be held by conference call or on site at either FMD or the Contractor's facilities. (ii) A second meeting, if required by the City, will be held either by conference call or on site at FMD or the Contractor's facilities, as determined by the City. (iii) A final review and inspection when each Vehicle is considered by the Contractor to be complete. In addition to a complete inspection, City representatives will conduct a full performance test of each Vehicle, including all integral systems. The Contractor shall provide all technical information and representatives reasonably required to assist the City in these inspections and shall make available to the City all reasonably required third -party certifications. A technician shall be available to complete any needed repairs or to replace items not meeting specifications. At the option of the City, this meeting will be held either at FMD facilities or at the Contractor's facilities. The contractor shall be responsible for all accessories and equipment installed or provided by the Contractor or the manufacturer under this Contract; however, the Contractor will not be responsible for any accessories or equipment that is provided or installed by other contractors at the direction of the City. The Contractor shall coordinate arrangements for these meetings with FMD staff at least three weeks prior to the scheduled meeting. The Contractor shall bear all costs related to participation of Its representatives or personnel In these meetings and activities. 1.1.2 The City or the Contractor, at any time, may request changes in the specifications or requirements related to particular Vehicles. No changes shall become effective until reduced to writing and signed by duly authorized representatives of each party ( "Change Order "). All such Change Orders shall include, as a minimum, the following information: (i) The specific changes to be made; (ii) Changes, if any, in the time for delivery of each completed Vehicle; and, contrae! [Light -Duty Yehiofes] Page 2 of 14 (iii) Changes in the price of each completed vehicle and associated accessories or equipment, SECTION 2.0 PURCHASE OF PARTS. 2.1 The Contractor shall provide such parts for all Vehicles as the City may order from time to time, The Contractor shall provide on -line parts ordering capability, if available, for the City and, upon request, will provide original manufacturer part numbers. All parts ordered by the City shall be delivered FOB to FMD facilities on the next business day from placement of the order. Orders received by Contractor after 4;00 p,m. (ET) will be considered as being received on the following business day. Delays in shipment beyond the reasonable control of the Contractor shall be subject to Section 11.1; provided, however, the Contractor, in such event, shall promptly notify the City regarding the details of any such delay so the City can make a final determination regarding responsibility. long lead time parts or components not reasonable to inventory or fabricated components not reasonable to inventory are examples of orders that may require a longer delivery time. The Contractor shall expedite all such orders as reasonably timely as is possible. SECTION 3.0 TERM. The Term of this Contract shall be a period of five (5) years, commencing on the date executed by the City unless earlier terminated in accordance with the terms of this Contract. Such term may be extended for an additional five (5) year period, subject to mutual agreement of the parties. SECTION 4,0 CONTRACT PRICING AND PAYMENT. 4.1 Vehicles, 4.1.1 During the Term, the City shall pay the Contractor for each Vehicle ordered and accepted by the City based upon the Contractor's current pricing at the time a particular order is placed, provided, however, that such price shall not exceed the following; (1) for the current model year, the initial prices as set forth in the Proposal; or (li) for subsequent model years, the purchase price paid for such model during the preceding model year plus any price increases from the manufacturer, but the City reserves the right to purchase Contract [Lighl -Duty Vehicles] Page 3 oJ'14 from any other manufacturerldealer at its option if in the opinion of the City the manufacturer raised prices above Industrial standards. 4.1.2 All prices shall be F.O.B. City of Tallahassee, FMD facilities (400 Dupree Street, Tallahassee, Florida). In addition to the limitations set forth in Section 4.1.1 above, the prices offered to the City during the term of this Contract shall be no greater than the lowest price offered by the Contractor to any governmental agency customer. The lowest price shall be based on the total price for each Vehicle, including accessories, equipment or components such as bodies. The City shall have the right to annually review and audit all Contractor contracts and sales records to verify that the Contractor is in compliance with this most favored pricing requirement. If the Contractor is found not to be In compliance, the City will notify the Contractor, in writing, of such fact, and the Contractor, within 30 days of its receipt of such notice, shall pay to the City the applicable price differential for each affected Vehicle purchased by the City, plus interest thereon at the rate of six percent (6 %), for the period from the date of final acceptance of each Vehicle through the date of such notice from the City. 4.2 Parts and Accessories. The Contractor shall sell to the City all parts and accessories, including OEM parts, at Contractor's cost plus 10 %. The City shall also pay applicable freight charges, The City shall also pay applicable freight charges. The City will maintain a stock of parts and accessories at its FMD facilities to support repair and maintenance of the Vehicles. The Contractor agrees to furnish all parts and accessories ordered by the City under consignment, Not later than the tenth day of each month, FMD staff will submit a monthly report to the Contractor Identifying the parts and accessories used during the preceding month, and the Contractor shall render an invoice for such parts and accessories to the City. The pricing offered to the City during the term of this Contract shall be no greater than the lowest price offered by the Contractor to any other governmental customer. The City shall have the right to annually review and audit all Contractor records to verify that the Contractor is in compliance with this pricing requirement. If the Contractor is found not to be in compliance, the City will notify the Contractor, in writing, of such fact, and the Contractor, within 30 days of its receipt of such notice, shall pay to the City the applicable price differential for all affected parts and accessories purchased by the City, plus interest thereon at the rate of six percent (6 %), for the period from the date of delivery of the affected parts or accessories through the date of such notice from the City. Upon expiration or earlier termination of this Contract, the City will either pay for or return to the Contractor all such parts and accessories remaining in stock. The Contractor shall not charge a restocking fee or assess any other charge associated with any returned parts. 4.3 Payment. Contract [Light -Ditty Vehicles] Page 4 of 14 4.3.1 Vehicle prices shall be F.O.B. FMD facilities. 4.3.2 All proper invoices shall be paid by the City in accordance with the Florida t.ocal Government Prompt Payment Act, Section 218.70, Florida Statutes. 4.3.3 In addition to other remedies available under this Contract, the City shall have the right to deduct, offset against, or withhold from sums or payments otherwise due the Contractor any sums or amounts which the Contractor may owe to the City pursuant to provisions of this Contract, as a result of breach or termination of this Contract, or otherwise, SECTION 5.0 DELIVERY AND ACCEPTANCE 5.1 The Contractor shall deliver, or shall cause the manufacturer to deliver, all Vehicles in accordance with the schedule set forth in the Proposal or such other time period as may be agreed by the parties. The Contractor and the City agree that timely delivery of each Vehicle is of the essence of this Contract, that the City will suffer damages in the event of a failure to so perform, and that such damages may be difficult to precisely calculate or prove. As a result, the Contractor shall pay to the City, as liquidated damages and not as a penalty, the amount of $100 per day, or portion thereof, for each day of delay in delivery of each Vehicle ordered by the City. Such liquidated damages shall be paid In addition to any other recourse that may be available to City in the event that there is an adjustment to the delivery schedule the CIty will be notified in writing. 5.2 The Contractor shall, or shall cause the manufacturer to, fully assemble, service, and adjust each Vehicle, including associated accessories or equipment installed by the Contractor, prior to delivery and shall demonstrate, to the satisfaction of the City, that each delivered Vehicle meets all applicable specifications and requirements, as set forth in this Contract and as agreed upon by the parties, and all representations of the manufacture. The delivery schedules shall be agreed upon at the first pre - construction meeting, but is subject to change and the City will be notified as of why the adjustment is necessary, If the change is not agreeable to the City, it can cancel the order without penalty or liability of any kind to the Contractor. The Contractor shall be responsible for, and shall bear all risk of loss and damage to each Vehicle until it Is delivered to the City at its specified location. 5.3 Delivery of a Vehicle to the City does not constitute acceptance for the purpose of payment or warranty start time. The City shall inspect and test each delivered Vehicle to determine whether it meets all specifications and requirements set forth in this Contract and within seven (7) days following delivery, the City shall notify the Contractor, in writing, or by verifiable email of either its final acceptance of each Vehicle or the failure of such Vehicle to meet such specifications and requirements. In the latter case, the Contractor, within ten (10) days following its Contract (Ught -Duly Yeliicles] Pnga 5 of 14 receipt of written notice from the City, shall deliver to the City a detailed proposal and schedule for corrective action, If the proposed corrective action Is acceptable to the City, the Contractor will be given a written notice to proceed, and a new inspection, testing, and notice process shall commence upon completion of corrective action, if the proposed corrective action or schedule is not acceptable, or if approved corrective action is not timely completed, the City may refuse the affected Vehicle. All adjustments associated with placing a unit In-service will continue to be the responsibility of the Contractor. 5.4 With each Vehicle, the Contractor shall deliver to the City, in an electronic format acceptable to the City, the following: (i) one (1) copy of the associated technical and service manuals, per model; DVD preferred; and (ii) a copy of the manufacturer's preventive maintenance schedule; and, (iii) the manufacturer's statement of origin, title application, and all warranty documents, 5,5 All Vehicles delivered to the City shall be owned by the Contractor and shall be delivered free and clear of all liens and security interests of any kind. SECTION 6.0 INDEMNIFICATION. 6.1 The Contractor shall indemnify and save harmless the City, its officials and employees, from all losses, damages, costs, expenses, liability, claims, actions, and judgments of any kind whatsoever, including reasonable attorney's fees and costs of litigation, to the extent arising out of or caused by any act or omission of the Contractor, Its subcontractors, or their respective employees, officers, directors, or agents, in the performance under this Contract, The indemnification obligation under this clause shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any Workers' Compensation Act, Disability Benefit Act, or other Employee Benefit Act, 6.2 The Contractor shall, at its sale expense, defend any claim, suit or proceeding brought against the City, its officials or employees, to the extend such claim, suit or proceeding is based on a claim that any Vehicle, associated accessories or equipment, or any process involved in manufacture of the same, or any parts, or, equipment, furnished under this Contract (collectively, "Infringing Work ") constitutes infringement of any registered patent of the United States of America or county of manufacture, provided that City shall give the Contractor prompt written notice of any such claim, suit or proceeding and shall give the Contractor authority, Information and assistance in a timely manner for the defense of the Contract [Light -Duty Vehicles] Page 6 of 14 same. The Contractor shall indemnify and hold the City, its officials or employees, harmless from and against all costs and damages awarded, and all attorneys' fees incurred or awarded, in any suit or proceeding so defended. The Contractor will not be responsible for any settlement or proceeding made without its prior written approval. in case said Infringing Work is held to constitute an infringement and the use of said Infringing Work is enjoined, the Contractor shall, at its own expense and at its option, either (a) procure for City the right to continue using said Infringing work, (b) replace said Infringing Work with substantially equivalent, equally functional, non - infringing Work, parts or combination thereof, or (c) modify such Infringing Work so that it becomes non - infringing, while maintaining the same functionality. SECTION 7.0 INSURANCE. 7.1 Within thirty (30) days following the commencement of the term of this Contract, Contractor shall procure and maintain at Contractor's own cost and expense for the duration of the Contract, the following insurance against claims for injuries to person or damages to property which may arise from or in connection with the performance of the Scope of Services hereunder by Contractor, its agents, representatives, employees or sub - consultants. The cost of such insurance shall be borne by Contractor. 7.1.1 Contractor shall maintain the following coverage with limits no less than the indicated amounts: (a) Commerclal GeneraUUmbrella Liability Insurance - $1,000,000 limit per occurrence for property damage and bodily injury. The certificate of insurance shall state whether the coverage Is provided on a claims- made or preferably on an occurrence basis. The insurance shall include coverage for the following: (1) Premise /Operations (ii) Explosion, Collapse and Underground Property Damage Hazard (only when applicable to the project) (iii) Products /Completed Operations (iv) Contractual (v) Independent Contractors (vi) Broad Form Property Damage (vii) Personal Injury (b) Business Automobile /Umbrella Liability Insurance - $1,000,000 limit per accident for property damage and personal injury. (i) Owned /Leased Autos (ii) Non -owned Autos Contract (Ligh(-Did), Vehicles] Page 7 of 14 (iii) Hired Autos (c) Workers' Compensation and Employers'lUmbrella Liability Insurance - Workers' Compensation statutory limits as required by Chapter 440, Florida Statutes. This policy should Include Employers' /Umbrella Liability Coverage for $1,000,000 per accident. 71.2 Other Insurance Provisions (a) Commercial General Liability and Automobile Liability Coverage (i) City, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, leased or used by Contractor or premises on which Contractor is performing Services on behalf of City. The coverage shall contain no special limitations on the scope of protection afforded to City, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers. (ii). The Contractor insurance coverage shall be primary insurance as respects City, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers. Any insurance or self - insurance maintained by City, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers shall be excess of Contractor insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers. (iv) Coverage shall state that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. (b) Workers' Compensation and Employers' Liability and Property Coverage contract (Light -Duty Pehtcres] Page 8 of 14 The insurer shall agree to waive all rights of subrogation against City, member of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers for losses arising from activities and operations of Contractor in the performance of Services under this Contract. (c) All Coverage (i) Each insurance policy required by this Article shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to City in accordance with this Contract. (li) If Contractor, for any reason, fails to maintain any insurance coverage that is required pursuant to this Contract, the same shall be deemed a material breach of contract. City, at Its sole option, may terminate this Contract and obtain damages from Contractor resulting from said breach. (iii) Alternatively, City may coverage (but has no without further notice to sums due to Contracto r City for such insurance. purchase such required insurance special obligation to do so), and Contractor, City may deduct from any premium costs advanced by 7.1.3 Deductibles and Self-Insured Retention's Any deductibles or self - insured retentions must be declared to and approved by City. At the option of City, the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects City, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses, related investigation, claim administration and defense expenses. 7.1.4. Acceptability of Insurers Insurance is to be placed with Florida admitted insurers rated g +X or better by A.M. Best's rating service. 7.1.5. Verification of Coverage Contractor shall furnish City with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each policy are to be signed by a person authorized Contract (Light -Duty l "ehielesJ Page 9of14 by that insurer to bind coverage on its behalf, Upon execution of the contract documents, the certificates and endorsements are to be received and approved by City before work commences. SECTION 8.0 TERMINATION. 8.1 In addition to other such rights set forth in this Agreement, the City or the Contractor can terminate this Contract if the other party fails to comply with any of the terms or conditions of this Contract or defaults in performance of any of its obligations under this Contract and fails, within thirty (30) calendar days after written notice from the non - defaulting party, to correct such default or noncompliance. 8.2 Provided there are no pending orders for Vehicles that have not been either accepted or rejected by the City, the City or the Contractor may, by written notice to the other party, terminate this Contract. In the event of such termination, the City shall pay the Contractor for all Vehicles accepted by the City as of the effective date of the termination. SECTION 9.0 WARRANTY AND MAINTENANCE. 9.1 Each Vehicle shall be warranted as set forth in the Proposal and the individual warranty documents delivered with each Vehicle. 9.2 Through the manufacturer, the Contractor will make available to the City, at any time during the first twelve months after each Vehicle has been placed into service, the option to purchase an extended warranty for such Vehicle at the Contractor's cost of such warranty from the manufacturer. 9.3 The Contractor shall provide training as provided in the Proposal. Although the City will have the capability and expertise to repair each Vehicle under warranty, the City prefers to have the Contractor complete all warranty work, and the City shall perform such work only in the event of exigent circumstances. The Contractor, within thirty (30) days of receipt of an invoice therefore, will pay the City for all such warranty work completed by the City In an amount equal to the fully- loaded costs for personnel performing such work and all required parts and materials. At the request of the Contractor, the City will provide documentation of such costs. 9AThe Contractor, at the option of the City, will place at least one equipment technician, provided by the Contractor, at FMD facilities. The technician will be approved by the City's Superintendent, Fleet Management ( "Superintendent "), This technician shall facilitate and expedite both warranty - related work, provided the Contract (Light Duty Vehid"I Page 10 of 14 manufacturer authorizes the Contractor to perform of such work at FMD facilities, and general repairs, as directed by the Superintendent, The Contractor shall process all required documentation in conjunction with warranty - related work or claims. The City shall not be obligated to pay the Contractor for any warranty - related repairs or replacements; however, the Contractor shall be entitled to receive any reimbursement or payment that may be offered by the manufacturer with respect to warranty repairs, replacements, or claims performed or paid by the Contractor. Non - Warranty repairs performed by the Contractor's technician at the City's direction will be billed to the City at the Contractor's actual cost plus 20 %; provided, however, that at no time shall that total cost exceed $57.00 per hour. Warranty related activities will be the first responsibility of the technician. In cases where the amount of warranty work does not require 40 hours in a particular week the City shall provide non - warranty assignments to the technician; however, warranty and non - warranty assignments together shall not exceed 40 hours in any week. Payment by the City will not include vacation time, holidays, sickness or training to keep skills updated. SECTION 10.0 MISCELLANEOUS PROVISIONS, 10.1 Time shall be of the essence in performance of this Contract; provided, however, that either party shall be excused from timely performance under this Contract to the extent that, but only to the extent that, such delay is the result of any cause beyond the reasonable control of, and not the result of negligence or the lack of diligence of, the party claiming such excuse from timely performance. 10.2 Failure to enforce or insist upon compliance with any of the terms or conditions of this Contract or failure to give notice or declare this Contract terminated shall not constitute a general waiver or relinquishment of the same or any other terms, conditions, or acts; but the same shall be and remain at all times in full force and effect. 10.3 If written notice to a party is required under this Contract, suc h given by hand delivery, recognized overnight delivery service, mail, registered and return receipt requested, to Contractor as notification is OK) Mike Davidson Ford 9650 Atlantic Blvd. Jacksonville, Fl. 32225 Attn: John Rossodivito and to the City as follows: City of Tallahassee Fleet Management Division Contract [Light -Duty Vehicles] Page 11 of 14 notice shall be or by first class follows: (Email 400 Dupree Street Tallahassee, Florida 32304 Attn: Fleet Superintendent 10.4 Contractor shall not assign any of their rights or obligations under this Contract without prior approval by the City. 10.5 Contractor shall be responsible for the actions of any and all of their subcontractors and consultants. Neither subcontractors nor any consultants shall interface directly with the City. 10.6 This Contract and every question arising hereunder shall be construed, interpreted, or determined according to the laws of the State of Florida. Venue for any action brought in relation to this Contract shall be placed in a court of competent jurisdiction in Leon County, Florida. 10.7 As required by Section 287.133, (2 (a), Florida Statues, 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 proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or a public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in x.287.010 for CATEGORY TWO for a period of 30 months from the date of being placed on the convicted vendor list. Any person must notify the City within 30 days after a conviction of a public entity crime applicable to that person or to an affiliate of that person. 10.8 The language of this Contract shall be construed according to its fair meaning, and not strictly for or against either City or Contractor. The section headings appearing herein are for the convenience of the parties and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of this Contract, if any provision of this Contract is determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision of this Contract and all such other provisions shall remain in full force and effect; and it is the intention of the parties hereto that if any provision of this Contract is capable of two constructions, one of which would render the provision void and the other of which would render the provisions valid, then the provision shall have the meaning which renders it valid. 10.9 Contractor agrees that it will not discriminate against any employee or applicant for employment for work under this Contract because of race, oolor, religion, gender, age or national origin and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without Cantraet [Mghr Atty Yehloles] Page 12 of 14 regard to race, creed, color, sex, marital status or national origin. The Contractor will post a copy of this pledge in a conspicuous place, available to all employees and job applicants and will place or cause to be placed a statement in all solicitations or advertisement for job applicants, including subcontracts, that the respondent is an "Equal Opportunity Employer'. 10.10 The Contractor shall make Vehicles available to other governmental entities on the same terms and conditions as set forth in this Contract; provided, however, that such terms shall not include Section 4.2, Section 9.2, or Section 9.4. Should any such entity purchase a Vehicle on such basis, the Contractor shall report such purchases to the City and, within thirty (30) days following final payment for each such purchase, shall provide a credit to the City in the amount of $75.00 per Vehicle. If such credit is not used within 6 months after being credited to the City, the City shall have the option of receiving payment from the Contractor, as opposed to a credit, In the same amount. This provision shall apply to all purchases initiated during the term of this Agreement, even if such purchase continues and payment is received after the expiration of such term. 10.11 It is understood and agreed that this Contract, Including exhibits and references (if any), is the entire Contract between the parties and supersedes all prior oral agreements and negotiations between the parties relating to the subject matter hereof. City and Contractor, by mutual agreement, may change or amend the terms and conditions of this Contract. All such changes or amendments shall be set forth in a written amendment to this Contract. 10.12 If any portion of this Contract, or any Exhibit or portion thereof, is held to be invalid by a court of law, such provision shall be considered severable, and the remainder of this Contract shall be construed and enforced in a manner consistent with the intent of the Parties. Should any provision of this Agreement directly conflict with a provision of the RFP or the Proposal, the provision of this Agreement shall control. 10,13 It is the intent of the Parties that any provision of this Agreement that, by its terms or by any reasonable interpretation thereof, is intended to survive termination (whether by expiration, default, extinguishment or otherwise) of this Agreement, including indemnity obligations, will do so. Contract (eight -Duty Pehtclasl Page 13 of 14 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized representatives, effective the date first above written. Attest; By: - (; � g a �)' James ooke, IV Interim Treasurer -Clerk Approve s to form: By: City Attorney Witness as to the Contractor j-e�' A itness as to the Contractor coelfrarl (hlght -Duly Vehlaled Page 14 of 14 CITY OF TALLAHASSEE sy: I W G ✓ Ca by Davis Manager for Procurement Services DAVIDSON FORD LTD., dba MIKE DAVIDSON RD (Type o9ftifint name and title of signatory) FAQ a ` FLORIDA ,�,-� tiss�ci<u�u� ��• COUN'I7F.S All About no t t, FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION OFF -ROAD UTILITY VEHICLES- 4 WHEEL DRIVE SPECIFICATION #14 2013 Kubota Diesel (RTV900) �pF1 w � N The Kubota Diesel (ItTV900) purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone, ZONE: Western Northern Central Southern BASE PRICE: $9,700.00 $9,400.00 $9,400.00 $9,700.00 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, ive 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 velilcle(s) you wish to order through this program. Simply deduct the cost of any of tine following equipment items you wish deleted from (lie 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 tine 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 tine dealers in your zone at (lie stated prices. Bid Award Artnouncernent (I2- 20.0905) 287 VEHICLE: DEALER: ZONE: BASE PRICE: Order Code RTV500 t RTV500R t RTV400CII Order Code RTV900XTW' RTV1140CPX t R'fV1100CWX t RTV90OXTR 1 V4268 t V4221 1 RK- 196218 1 Y4242 1 x4277 ' v4287a 1 Diesel (RTV900) Fetch's Tractor Depot, Inc. Futch's Tractor Depot, Inc. Futch's Tractor Depot, Inc, Futch's Tractor Depot, Inc. Western Nortbenn Central Southern $9,700.00 $9,400.00 $9,400.00 $9,700.00 Delete Options Model domngrade - specify 15.5 HP GAS FUEL INJECTeD 411'D HST TRANSMISSION 1 Model downgrade - specify CAHO PERSIONOFABOPERT11500 1 I cylinder engine in lieu of 2 cylinder 16.0 UP GAS FUEL IA'JECTED 41J'D CYT TRANSAOSSIOAr 1 5 speed manual transmission in lieu of automatic Delete auxiliary HAow lratisnlissim Delete Standard front bumper at no charge Delete All Terrain Tires at no charge Delete Standard Stance 4x2 at no charge Delete to 2 wheel drive Add Options Diesel 20 HP engine - specify Model upgrade - specify 1PORKSITFhfODELJPITHHIDILIULICDUAIP BED 4md 1 Model upgrade - specify 24.8hp 41vd 4 person sealing, hydrardic dianp bed t Model upgrade - specify 24.8 by with full cab and a/c, hydraidic drmnp bed t Standard manufacturer body color - specify ormige 1 Standard manufacturer seat color - specify grey' 1 Turf Tice Package Camo paint ORDER CODE UPGRADES TO THIS ALICHINE 1 Roll over protection structure Windshield Poly top Fire body and EMT body (aftermarket vendors) ESITAND FIRE BODIESSTARTAT I Power lift cargo box (manual is standard) hydraulic bed lif for rh-900 1 Monufacturer's approved winch, 2,0001b. mininxnn marn winch 1 Winch roller package winch roller nlomml kil 1 All Zones $1,700,001 $1,300.001 $2,300.001 NA NA NA NA NA NA AJI Zones Std $2,300.001 $4,000.001 $7,105.001 Std''. Std' $85,00 $1,400,001 Std $406,00' $240,00' $3,429.001 $1,450.001 $525.001 $101.00' Bid Award Announcement (12.20.0905) 288 VEHICLE- DEALLIt: ZONE: BASF PRICE: v4329 1 v4222a 1 v4211 I v4214b 1 x,1229 ' v4225a , x4237 1 x4411 1 warranty 1 10% Discounts Diesel (R1'V900) Fit teWs Tractor Depot, Itic. Futch's Tractor Depot, Inc. Futch's Tractor Depot, Inc. Futch's Tractor Depot, Inc. Western Northern Central Southern $9,700.00 $9,400.00 S9,400.00 $9,700.00 Gun rack Rear receiver flitch 2" trailer hitch and pin 1 Spotlight package front irork lights(1) 1 R.O.P,S. Cab incl. R.O.P.S. steel cabin /black steel doors, orange top andglass windshield 1 Steel doors for cab included in W211 1 Heater /defroster heater defroster 1 Street tread tires Optional equi�lment - specify plastic bed liner Optional equipment - specify front grille gaurd 1 Optional equipment - specify tarn signal kit t Optional equipment- specify rapid acess cargo sj-stwnfitll rack 1 Optional equipment - specify 12 months 1 Discount percentage off manufacturer's current published retail prices for uon- specified options and any optional models bid. (The discount is applied to the manufacturer's current published retail prices.) Temporary tag Transfer existing registration (must provide tag number) New state tag (specify state, county, city, sheriff, etc.) NA $31.001 $123.001 Std $3,003.001 I11e1.1 5412.001 NA $195.00, $243.001 $268,001 $823.001 $319,001 Std, Bid Award Announcement (12 -20 -0905) 289 NA NA NA CITY OF CENTRAL SERVICES DEPARTMENT S1`►�)r IUSE 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 N`VV 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, Signature: 10770 West Oakland Park Boulevard • Sunrise, Florida 33351 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ¢ 0 00000 0 0 0 0 o a 3 OO OO OO OO OO OO OO OO OO OO OO OO OO OO OO OO OO OO OO OO d d OO o c a c O d O m m m m m m O d d d d d d d d d d d d d d d d d d d N a a a...... Q Q c c c c c Q Q Q Q Q d U .J m m m r' m m m r' m m m m m m m m m m m m Ti Ti Ti Ti m m m m m Ti Ti Ti Ti Ti _ U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U 6 U LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL - LL r r r r r LL LL LL LL LL LL � � x x x x x 0 0 0 0 o N N N N N r m m m m m n e r O r r r r r r n r r r w w w v m m H U i - o m mmmmmmm m m m m m fl. U 7 m m m m m m m m m m m m m m m m m v � m v m v m m m Q N r n r r [� [� r N m N � U - - - LL E rc c a O O O O O c W 9 N . Y o - - - - - - - - - - . . - o 2 2 2 2 2 2 U H h U LL - r r _ LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL 2 2 2 2 2 H U Y Y Y Y > > && ❑° ❑° ❑° ❑° ❑° ❑° ❑° ❑° ❑° ❑° ❑° ❑° ❑° ❑° ❑° ❑° ❑° ❑° ❑° ❑° r° r° E E a r r ` r ` r o 0 0 0 0 o j z o , , , , , e U U v ❑ U Q o o n e N Q m e e m m 0 u�i N N n m ry Q Z Q Q Z Z Q Q Z Z U O m m n o N e 0 � L.gin I o m vD -rw w U O U a N N U U_ m c m r o 0 0 `o 0 `o `o 0 0 `o `o 0 0 `o `o 0 0 `o `o 0 0 `o `o 0 0 `o `o 0 0 `o `o 0 0 `o `o 0 0 `o `o 0 0 `- `o 0 o c c= rr 0U U 3XX_2 �- �- 5 5 _ E 5 m a DDU c E `o .. `o `o .. .. `o `o 6.J 0 0 lo a .. W O r° � 5 5 � �❑ a L > > > > > > > > > > > > > > > > > > > > 1°m' t E Eo E Em o 00000 a a a a 0000000 a a a a a a a a 0000000 a a U U U 0""°� m a d a ' d ^� a a° w 3 a a^ o - N ❑ LL❑ U U❑❑ ❑❑ U U o C7 LL 2 2 2 2 2 U C7 0 E E E E E E E E E E E E E E E E E E E❑❑ E c r E E E E E d_` _ IL E ❑ _ ❑ ❑ _ _ ❑ ❑ _ _ ❑ ❑ _ _ ❑ ❑ _ _ ❑ ❑ _ _ ❑ ❑ _ _ ❑ ❑ _ _ ❑ ❑ _ _ ❑ ❑ _ _ ❑ O _ m ❑ ❑ ❑ ❑ O m J J ❑ ❑ W ❑ - - J ❑ J ❑ a w a' - a' a ❑ a° IM ❑ ❑ a° a° IM _ ❑ ❑ _ _ a° a° U ❑ O - MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony Strianese, Chief of Police THROUGH: Louie Chapman, Jr. City Manager DATE: May 15, 2013 SUBJECT: AGENDA ITEM 8.K.4 - REGULAR COMMISSION MEETING OF MAY 21, 2013 PURCHASE AWARD / INTERNATIONAL SURVEILLANCE TECHNOLOGY. INC. ITEM BEFORE COMMISSION The Police Department seeks Commission approval to enter into a Purchasing Agreement with International Surveillance Technology, Inc. (IST) to purchase a replacement for our aging covert surveillance vehicle at a cost of $188,336.37 (quote attached). BACKGROUND For obvious reasons, the Police Department requires tools for a variety of undercover surveillance and intelligence gathering needs. Our current covert vehicle utilized for this purpose was purchased in 1997 and is aging and in disrepair. Replacement has been requested in the CIP for the past several years, and funding was finally approved for FY 12/13. The proposal from IST reflects GSA contract pricing. Additionally, the necessary equipment is proprietary, and we have attached a letter from IST to that regard. FUNDING SOURCE Funding for this project was budgeted in the CIP, project #12 -033, account #: 501- 3312 -591 -64.25 (funding available subsequent to budget transfer). RECOMMENDATION Staff recommends approval of the purchase from International Surveillance Technology, Inc. (IST) in the amount of $188,336.37. L S� SALES QUOTATION Voss The ONLY Veteran -Owned Small Business in the Industry C F. Date: Account Manager: Phone: 888 -IST -6599 Fax: 954- 252 -2288 3/21/13 Don DiFrisco Cell: 954- 818 -2640 Email: I Don. International Surveillance Technology, Inc 160 SW 12th Avenue Suite 103B, 104 8 105 Deerfield Beach, FL 33442 -3119 Phone: 888 -IST -6599 Fax: 954 - 252 -2288 Website: www1eamist riet DUNS: 787805865 CAGE:7LA71 Custc Con Addr Ph Er Web Qty I T Part # Description Unit Price Extended Per Attached Custom Traveler - OPEN MARKET Per Attached Custom IST Electronics - OPEN MARKET Per Attached Custom IST Vehicle - OPEN MARKET Per Attached Custom IST Vehicle Equipment, Repairs, Service and /or Refurbishment - OPEN MARKET Per Attached Total GSA Schedule 84: GS- 07F -0468V (if no dollar value is show to the right, this contract is not being quoted from) 188,336.37 Per Attached Total DEA Contract: DJDEA -08 -C -0032 (if no dollar value is show to the right, this contract is not being quoted from( - Per Attached Total ICE -ERO Contract: HSCECR -I0 -F -00047 (if no dollar value is show to the right, this contract is not being quoted from) Per Attached Total TXMAS Schedule 84: 11- 840110 (if no dollar value is show to the right, this contract is not being quoted from) $0.00 ,UDtOt81: �1tStf 536.3 " / This quote is valid for 1 year from the date above Sales Tax: Quotes do not include shipping charges unless specifically indicated here: - Shipping & Insurance: Other: TOTAL: $188,336.37 Brand names are used for convenience purposes only. IST reserves the right to substitute any component make and /or model at its sole discretion without compromising functionality Notes: Quote Presented By: Donald A DiFrisco - CEO (Don.DiFrisco @TeamlST.net) Date: 3/21/2013 Quote Accepted By: Name Title Signature Date Delary Beach iPEM Van 2013- 03- 21.xlsx 3/21/2013 6:37 PM Copyright (C) 2011 International Surveillance Technology, Inc - Confidential Proprietary Re: IST Quotation To Whom It May Concern World Headquarters 160 SW 121h Avenue Suite 105 Deerfield Beach, FL 33442 -3119 888 -IST -6599 International Surveillance Technology, Inc (IST) is the original manufacturer and builder of these law enforcement sensitive vehicle. IST designs and builds these products specifically for law enforcement and /or intelligence agency use. The design and construction methods used are unique and proprietary to IST and represent significant investments of capital and manpower. IST contends that allowing the public dissemination of the nature of the devices required for this vehicle would unjustly risk its covert nature. Additionally, the advanced technology that enables the sophisticated use of microwave, VHF, Mesh Networks, Broadband Cellular and IP Communications protocols to allow virtually 100% complete remote control of this vehicle are patented or patent - pending products of IST No other company posses the technology or the ability to provide any similar technology. IST is the only Florida -based contractor; the nearest "competitor" is in New Jersey and IST is the only Veteran -Owned Small Business in the industry, regardless of location. IST has provided a quote from its GSA contract (GS- 07F- 0468V) which demonstrates a nationally recognized best -value proposition and contends that our quoted prices, based on our GSA contract, are sufficiently competitive to issue a sole source award given the aforementioned issues. IST does not sell its products or provides its services via third -party distributors in the United States. All U.S. sales are handled by our own internal sales force. In Florida, Lewis Nadel, Executive Vice President, is the sales point -of- contact at IST. If you have any questions or require any further clarification, please let either Lewis or me know. Respectfully submitted: Donald A DiFrisco CEO ueertield Beach, Los Angeles, New York, Phoenix, Washington DC MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: Louie Chapman Jr., City Manager DATE: May 14, 2013 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF MAY 21, 2013 WAIVER REQUEST/ ED MORSE CADILLAC ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a waiver request associated with the approval of a temporary trailer for Ed Morse Cadillac. The waiver is to allow the trailer to be used by on -site sales staff from the Business Development Department, who will be making calls to recent and potential buyers while the main showroom and new car sales office building undergoes major interior and exterior renovation. BACKGROUND At its meeting of October 24, 2012, the Site Plan Review and Appearance Board (SPRAB) approved a Class III site plan modification associated with the reconfiguration of the parking area along the east property line in order to install a total of forty five (45) new parking spaces; construction of a 4,150 sq. ft. drop -off customer service canopy; renovation of the existing service center and showroom offices; upgrading and painting all architectural elevations; and installing associated landscape improvements. Since construction of these site improvements is imminent, Ed Morse Cadillac has requested approval to place a 1,440 sq. ft. temporary trailer in an area immediately south of the existing sales office building to house sales staff until the main showroom office building renovations are completed. Waiver Analysis: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The waiver request is to LDR Section 2.4.6(F), "Temporary Use Permit ", to allow the use of a modular trailer to house on -site sales staff while the main showroom and new car sales office building undergoes major interior and exterior renovation. Since the specific use of "offices" (temporary or permanent) is not listed as an allowed use under this temporary use section, approval can only be granted through a waiver by the City Commission. Elevations have been submitted showing the modular trailer elevated slightly above grade Y -2" (see attachment). The trailer measures 60' in length by 24' in width for a total of 1,440 sq. ft. and will be located on the adjacent area immediately south of the existing showroom for the new car sales building and to the west of the existing used car sales building. The trailer will be accessed via a ramp which is located along the east elevation. The applicant has indicated that there will be no public /customer access into the trailer. The trailer will be occupied by eight (8) employees who are part of the Ed Morse Cadillac Business Development Department and will be making calls to recent and potential buyers. The applicant has also indicated the eight employees will not be parking near the trailer. They will be parking in the employee parking lot located on the west side of the subject property adjacent to Old Dixie Highway. It is noted that there are currently four parking spaces directly located to the west of the proposed trailer. These parking spaces need to be deleted from the site plan as they will interfere with traffic circulation, and thus, this is being attached as condition of approval. The attached site plan shows the trailer location and associated site improvements. The requested period of use is for six (6) months. This is the time period in which the renovation work for the showroom building is expected to be concluded. Thus, it is recommended this approval be valid for no more than nine months at which time the trailer and other improvements (access ramp, etc.) are to be removed and the site restored to its preapproval condition. Since the trailer is to house on -site sales staff during the renovation work for the showroom building for Ed Morse Cadillac, and will be removed when work is completed, there will be no impact on the provision of public facilities, provided utility connections into the City's sanitary sewer system are made and capped appropriately after use. It is noted that waivers to this section have been granted under similar circumstances. Most recently, the same waiver was granted for Del Aire Country Club when they received approval to temporarily locate their pro -shop and exercise facilities during the recent renovation of their clubhouse. Based on the above, approval of the waiver will not adversely affect the neighboring area, diminish the provision of public facilities, create an unsafe situation or result in the grant of a special privilege. Accordingly, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings, provided the conditions of approval are satisfied. REVIEW BY OTHERS The waiver to LDR Section 2.4.6(F), Temporary Use Permit, to allow the use of the proposed trailer to house on -site sales staff does not require a recommendation from any other Board or Agency. RECOMMENDATION Approve a Temporary Use Permit, along with a waiver to LDR Section 2.4.6(F) to allow a use not listed (administrative offices) for the placement of a temporary trailer at 2300 South Federal Highway, based on positive findings with respect to LDR Section 2.4.7(B)(5), subject to the following conditions: 1. That the temporary trailer, access ramp, landscaping, etc. all be removed from the property and the area restored concurrent with the issuance of a Certificate of Occupancy for the showroom new car sales office, but in no event shall the Temporary Use Permit be valid for more than nine (9) months from the issuance of same; 2. That the four parking spaces directly located to the west of the proposed trailer be temporarily deleted from the site plan as they will interfere with traffic circulation, 3. That the siting of the temporary trailer must meet all applicable building permit requirements including, but not limited to, connection with appropriate utility services; and 4. That a Class II site plan modification must be processed and certified prior to placing the trailer on the site. 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 RELATING TO A TEMPORARY USE PERMIT TO ALLOW THE USE OF ONE (1) TEMPORARY TRAILER DURING THE RENOVATION OF THE EXISTING OFFICE BUILDING FOR ED MORSE CADILLAC LOCATED AT 2300 SOUTH FEDERAL HIGHWAY 1. This waiver request to allow a temporary use permit to allow the use of one (1) temporary trailer during the renovation of the existing office building came before the City Commission on May 21, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the temporary use permit. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to Allow a Temporary Use Permit for One (1) Temporary Trailer at 2300 South Federal Highway: LDR Section 2.4.6(F) provides of a list of allowable temporary uses. The Applicant is requesting a waiver to Section 2.4.6(F) to permit the use of one (1) temporary trailer for temporary administrative offices for on -site sales staff, to be located at Ed Morse Cadillac at 2300 South Federal Highway. Does the waiver request subject to the conditions attached in Exhibit "A" meet all the requirements of 2.4.7(B)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver requests to LDR Section 2.4.6(F) subject to the conditions listed in Exhibit "A" attached hereto. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 21 st day of May, 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 2 Cary D. Glickstein, Mayor Exhibit "A" Conditions Related to the Waiver Request to Allow One (1) Temporary Trailer at Ed Morse Cadillac Located at 2300 South Federal Highway 1. That the temporary trailer, access ramp, landscaping, etc. all be removed from the property and the area restored concurrent with the issuance of a Certificate of Occupancy for the showroom new car sales office, but in no event shall the Temporary Use Permit be valid for more than nine (9) months from the issuance of same; 2. That the four parking spaces directly located to the west of the proposed trailer be temporarily deleted from the site plan as they will interfere with traffic circulation; 3. That the siting of the temporary trailer must meet all applicable building permit requirements including, but not limited to, connection with appropriate utility services; and 4. That a Class II site plan modification must be processed and certified prior to placing the trailer on the site. 3 U m �a L 'ON AVMHEl1H -571 L'ONAVMHDIH'SY1 s ♦ f a I I od a t i a 4A I i= k All. H +Hi -1 L4 T -I-1 -U 1-1 5 u _ IZ L —� Ill ItIIII f lfllllll F� LIl l I LI . l I I l l I I TIT F1 TI TI- ,'° 11 h file r IIi,IIIIII IIIillll Illlllllllillflllllh H TIC H TI1 I I�Ir � IIIIIIIIIIIIIIIII!!I . S AVMH`JIH 31 %10 010' O � nd c N iC o SG T - a �tl 2 ga a =g = � ,¢vw ,wel= OP.- am�� �sm;$�WO3 e;=53 cad Q i� � &� xi�x. "�s��a � e �� � � � y�; ^mas- m�$'�°�Ye o?�_ y 5g :2 s� a¢w s '`••' °,3's �g 3 � ? $ a `-$.5 � s$ "a+: A % Q ggk �4 ': A s w O 3� 6'. LI M 3?: g7 =m�< pm gi5 s .4 €� Z a @_ z who F-7 j ❑U ❑ ❑ J ❑�� �b � II o N " a o N , au pia osiow p� m ,� U m �a L 'ON AVMHEl1H -571 L'ONAVMHDIH'SY1 s ♦ f a I I od a t i a 4A I i= k All. H +Hi -1 L4 T -I-1 -U 1-1 5 u _ IZ L —� Ill ItIIII f lfllllll F� LIl l I LI . l I I l l I I TIT F1 TI TI- ,'° 11 h file r IIi,IIIIII IIIillll Illlllllllillflllllh H TIC H TI1 I I�Ir � IIIIIIIIIIIIIIIII!!I . S AVMH`JIH 31 %10 010' O � nd c N iC o SG T - a �tl 2 ga a =g = � ,¢vw ,wel= OP.- am�� �sm;$�WO3 e;=53 cad Q i� � &� xi�x. "�s��a � e �� � � � y�; ^mas- m�$'�°�Ye o?�_ y 5g :2 s� a¢w s '`••' °,3's �g 3 � ? $ a `-$.5 � s$ "a+: A % Q ggk �4 ': A s w O 3� 6'. LI M 3?: g7 =m�< pm gi5 s .4 €� Z a @_ z who F-7 j ❑U ❑ ❑ J ❑�� �b � II o N " a o N J S ix doqS Tpog /;)Lll!plgo asJo PH NO 1 0 :-ioi -toijul Xmiodival Al memo= v �If ""A A ELI 0. LU 0. C\l pto qa ELI 0. LU 0. C\l pto r Al W _ Lpuo `ga�ag �s�aQ o MED�a� amW�. nq wPH ni 1 0 :io;.TojmjL �ioduioL d ww Q m U o t Lld C HIE d D qt III y l iI II.CII. ; i Z o w o Z : w q W w LU Q lei JII w� o C J 5{ C� 4° F epuoi3 `q ')uag ku pa 9g &p IBI11PUD as.IOW pa y9i�$s °Dfla V o CIA �sa o co [�� LIN ryo D m aP m } 3 lL my o c via a3103z]JV m aU 1 1 � 1 1 1 1 �N 1 x E E7 1w u m� Lu N am to d QI IW .1 -------- - - - -J< o ,L 1 a 1 tl3atl 03anAJv 1 n� m � � �4 NNNIfNHHkIlH _ � � � Affi! PI a� Hirriwar 5S gg s d 9 ®e6 € x is S d „3 4e�yy k ��F�q�¢ I-� f�-� •Q � riH OlwE +Vrck; AY � ���°�'$ �g�i,3 5a�9i�F�$��e � �` � � w � '° V �•” a � iN�ersrnrc as Cad �:3�'m�5���3�, =�a�� Y ae ❑❑ ❑❑ ❑ ❑ ❑D u� MEMORANDUM TO: Mayor and City Commissioners FROM: Richard J. Reade, Sustainability Officer /Public Information Officer THROUGH: Louie Chapman, Jr., City Manager DATE: May 3, 2013 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF MAY 21, 2013 VOLUNTARY UTILITY SERVICE LINE WARRANTY PROGRAM ITEM BEFORE COMMISSION Consider approving the proposed Agreement with Utility Service Partners (d/b /a Service Line Warranties of America) to offer a voluntary utility service line warranty program to homeowners. BACKGROUND Previously, the City Commission authorized staff to work with Utility Service Partners (d/b /a Service Line Warranties of America) to develop an Agreement to offer a voluntary utility service line warranty program to the City's homeowners as a solution to pay for unanticipated repairs to water and sewer lines between the home and the point of connection to the City's utility lines. The proposed Agreement, which has been reviewed by the City Attorney's Office, has been attached. In addition, staff developed the following language to be included at the top of the proposed resident letter (which would only be sent out to residents 2 times per year) as a disclaimer that this was not a City program/service. The proposed letter is attached and has been incorporated as an Exhibit within the proposed Agreement. "The City of Delray Beach has partnered with the National League of Cities (NLC) and Service Line Warranties of America (SL WA) to offer residents repair coverage (i.e., warranty) for their private utility lines. This program is voluntary and is being offered by SLWA, a private company. The City is only introducing the public to this program and is not responsible for the administration, operation and /or delivery of this service." Michael P. Madden, General Manager with Utility Service Partners, Inc., is expected to be in attendance to provide additional information on the Utility Service Line Warranty Program and answer any questions that the City Commission may have. RECOMMENDATION Consider entering into an Agreement with Utility Service Partners (d/b /a Service Line Warranties of America) to offer a voluntary utility service line warranty program to the City's homeowners as a solution to pay for unanticipated repairs to water and sewer lines between the home and the point of connection to the City's utility lines. http: // itwebapp /NovusAgenda/ Preview .aspx ?ItemII:)==6577 &MeetingIIY443 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard J. Reade, Sustainability Officer/PIO THROUGH: Douglas E. Smith, Interim City Manger DATE: March 7, 2013 SUBJECT: AGENDA ITEM WS.2 - MEETING OF March 14, 2013 Utility Service Line Warranty Program Item Before Commission Discuss partnering with Utility Service Partners (d/b /a Service Line Warranties of America) in offering a utility service line warranty program to homeowners as a solution to pay for unanticipated repairs to water and sewer lines between the home and the point of connection to the City's utility lines. Background The National League of Cities (NLC) has partnered with Utility Service Partners, Inc. d /b /a Service Line Warranties of America (SLWA) in offering the NLC's Service Line Warranty Program to member cities. This Warranty Program is offered to single family, residential homeowners as an affordable, voluntary solution to pay for unanticipated repairs to water and sewer lines between the home and the point of connection to the City's utility lines. Please note that multi - family and businesses would not be eligible to participate in this program at this time. Further, additional details regarding the program are provided in the attached PowerPoint presentation. To implement the program within the City of Delray Beach, a marketing agreement would need to be entered into between the City and the SLWA. Sample agreements are provided for review. If approved, the proposed agreement would provide the SLWA with a non - exclusive license to use the City's name and logo on marketing materials to be sent to residents. In consideration of the City granting the non- exclusive license, the SLWA will offer the City two (2) options to earn revenue from this program: 1. Annually pay the City a portion of the revenue from each (water and sewer) warranty subscription in the City. This option would require the City to enter into a one (1) year term and will renew automatically unless http : / /itwebapp/NovusAgenda/Preview .aspx ?ItemII:)==6577 &MeetingIIY443 (1 of 2)3/8/2013 12:20:43 PM http: // itwebapp /NovusAgenda/ Preview .aspx ?ItemII:)==6577 &MeetingIIY443 either party provides a 90 day notice of its intent not to renew the agreement. 2. Provide the City with a fixed dollar amount (dependent on the total number of residential households with the City and paid out over a 3 year period) as well as the annual amount as described in Option #I above. This option would require a three (3) year commitment from the City and will renew on an annual basis unless either parry provides a 90 day notice of its intent not to renew the agreement. Within either option, the City may terminate the agreement after providing notice to the SLWA for breach of the agreement. The agreement also contains standard indemnification and insurance requirements. Should the Commission provide direction to proceed with this program, there would be no cost to City for entering into an agreement with SLWA. The total revenue generated to the City is undetermined at this time as it will depend on the number of residential households that elect to participate in this voluntary program. The homeowner's cost for the warranty program is expected to range from $5.75 - $7.75 per month (or $64 per year for water and $88 per year for sewer) for a single utility line span. A number of communities throughout Florida have partnered with the SLWA to offer this program to their residents. Staff has spoken with representatives from the City of Greenacres and, outside of some general promotional /marketing issues, they provided positive comments regarding the program. Michael P. Madden, General Manager with Utility Service Partners, Inc., is expected to be in attendance to provide additional information on the Utility Service Line Warranty Program and answer any questions that the City Commission may have. Recommendation Discuss providing the proposed Utility Service Line Warranty Program to the City's single family, residential households. http : / /itwebapp/NovusAgenda/Preview. aspx ?IteinII:)==6577 &MeetingID -443 (2 of 2)3/8/2013 12:20:43 PM Marketing Agreement By and Between Utility Service Partners Private Label, Inc. d /b /a Service Line Warranties of America, a Foreign Profit Corporation Authorized to do Business in the State of Florida, and The City of Delray Beach Dated this Day of May, 2013 WHEREAS, Service Line Warranties of America ( "SLWA "), provides affordable utility service line warranties to consumers covering the repair or replacement of enrolled lines as a result of wear and tear or inherent defect; and WHEREAS, In consideration of the License Fee (as defined below) to be paid by SLWA to City of Delray Beach ( "City ") has agreed to cooperate with SLWA in marketing SLWA's services to City's residents and homeowners (the "Residents ") as described below; NOW THEREFORE, In consideration of the promises contained herein and with the intent to be legally bound hereby, the Parties do hereby agree as follows: 1. City hereby grants to SLWA a non - exclusive license to use City's name and logos on letterhead and marketing materials to be sent to the Residents from time to time, and to be used in advertising, all at SLWA's sole cost and expense. Such marketing materials shall be in substantially the form of Exhibit A attached hereto, unless otherwise approved by City. 2. As consideration for such license, SLWA will be liable to pay to City, within 30 days of the end of each final calendar quarter, 10% of the revenue from SLWA warranty subscriptions collected from the Residents during such calendar year (the "License Fee "), together with a statement certifying collections of such SLWA revenue, so long as this marketing agreement ( "Agreement ") remains in effect. City will have the right, at its expense, to conduct an annual audit, upon reasonable notice and during normal business hours, of SLWA's books and records pertaining to sales of warranty products to the Residents while this marketing agreement is in effect and for one year after any termination of this marketing agreement. The parties agree that the marketing materials shall consist of an initial mailing and a follow -up mailing for each of two product campaigns each year. 3. The term of this Agreement will be for one year from the date of the execution hereof. This Agreement may be renewed annually upon mutual agreement of both parties. During the initial term of this Agreement, SLWA will use the pricing matrix attached hereto as Exhibit B for its warranty subscriptions to Residents. If SLWA elects to renew this Agreement, written notice shall be provided to the City, as provided herein, at least 90 days in advance. Upon receiving notice from SLWA of their intent to renew, City shall inform SLWA of its decision whether to renew this Agreement for an additional year. City may terminate this Agreement 30 days after giving notice to SLWA that SLWA is in material breach of this agreement if such breach is not cured during such 30 -day period. City may terminate this Agreement for convenience on 60 days notice. SLWA will be permitted to complete any marketing initiative initiated or planned prior to the effective date of any termination of this Agreement and shall pay the License Fee to 1 the City for the calendar year in which this Agreement is terminated after which time, except for SLWA' S obligation to permit City to conduct an audit as described above, neither party will have any further obligations to the other and the license described in this letter will terminate. 4. SLWA shall indemnify, hold harmless, and defend City, its elected officials, appointed officials, and employees from and against any loss, claim, liability, damage, or expense that any of them may suffer, sustain or become subject to in connection with any third party claim (each a "Claim "), arising out of or related to this Agreement. SLWA shall have the obligation, at its sole cost and expense, to retain counsel to defend any such claim and such counsel shall be reasonably satisfactory to the City. This indemnification provision shall survive termination of this Agreement. 5. Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered without the written consent of the other party. 6. Failure by City to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. Both parties agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. 7. SLWA shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. 8. In the event this Agreement or a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless either part elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the findings by the court become final. 9. Preparation of this Agreement has been a joint effort by both parties and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 10. This Agreement shall be construed with and governed by the laws of the State of Florida. Venue for any lawsuit by either party against the other party or otherwise arising out of this Agreement and for any other legal proceeding shall be in Palm Beach County, Florida, and in the event of federal jurisdiction, in the Southern District of Florida. 11. This Agreement shall be executed in three (3), signed Agreements, with each one treated as an original. 12. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice, to -wit: 2 CITY: Louie Chapman Jr. _City Manager _100 NW First Avenue Delray Beach, Florida 33444 -2612 SLWA : Utility Service Partners Private Label, Inc. 11 Grandview Circle, Suite 100 Canonsburg, PA 15317 Attn: Brad Carmichael, VP of Business Development [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGES FOLLOW] IN WITNESS OF THE FOREGOING, the parties have set their hands the day and year first above written. CITY CITY OF DELRAY BEACH, a municipal corporation of the State of Florida: SLWA Utility Service Partners Private Label, Inc. d/b /a Service Line Warranties of America, a foreign profit corporation authorized to do business in the State of Florida, Philip E. Riley, Jr. President & CEO Brad H. Carmichael Vice President Exhibit A The City of Delray Beach has partnered with the National League of Cities (NLC) and Service Line Warranties of America (SLWA) to offer residents repair coverage (i.e., warranty) for their private utility lines. This program is voluntary and is being offered by SLWA, a private company. The City is only introducing the public to this program and is not responsible for the administration, operation and /or delivery of this service. T1 P1' "' "" AUTO- 5- DIGIT26301 John Smith 987 Main Street September 1, 2012 Anytown, ST 12345 11'111111111'I'11'll "'11111 "' III "1 "11'I'll'1111'1111111111111 Re: Voluntary Outside Sewer Line Contact ID: 1234567 Coverage for Residents Reminder - Please disregard if you have already enrolled Dear [Customer Name]: As you may know, homeowners in the City of Delray Beach are responsible for the maintenance and repair of the buried, outside sewer service line that runs from the home to the utility connection. In today's difficult economy, many people are unprepared for an unexpected and costly outside sewer line repair. With repair costs ranging from $1,200 to as much as $4,000 or more, this kind of expense can wreak havoc on a family's budget. The Sewer Line Warranty Program, available through an initiative between the National League of Cities (NLC) and Service Line Warranties of America (SLWA), covers the cost of repairs needed on your outside, buried sewer line for a small monthly fee. If you should need a repair, SLWA has a 24 -hour hotline and will dispatch a local plumber within 24 hours to perform the repair. There are no service fees or deductibles. Repair costs are covered up to $4,000 per incident, plus an additional $4,000 allowance for public street cutting, if needed. The National League of Cities, representing over 218 million Americans, is the nation's oldest and largest organization devoted to strengthening and promoting cities as centers of opportunity, leadership and governance. You may receive letters from other companies promoting similar warranty programs; however, SLWA's Service Line Warranty Program is the only one that has been endorsed by NLC. Since 2003, SLWA and its family of companies have repaired service lines for more than 60,000 homeowners across the U.S. and is proud to have an A+ rating with the Better Business Bureau. SLWA is offering a discounted price of $__ per month to residents who enroll by [date]. This represents a savings of over x% on the standard monthly price. If you elect to pay annually, the price will be discounted further to $__ which is over a x% savings. Coverage will begin 30 days after your enrollment is received. To enroll, or to learn more about this program, please call SLWA directly at 1- 800 - 000 -0000, Monday through Friday, 9:00 a.m. to 5:00 p.m., or return the bottom portion of this letter in the enclosed, self- addressed, postage -paid envelope or— you can enroll easily online at www.SLWofA.com. Sincerely, tt Tisha Hulburd Assistant Vice President Service Line Warranties of America Complete warranty terms and conditions will be provided following enrollment or you can view them online at www.SLWofA.com. You may terminate your participation in a warranty program at any time. You have 30 days from the date you enroll to receive a full refund. After 30 days, you will be reimbursed the pro rata share of any amount you paid for any portion of the warranty period subject to cancellation. - --- Cuthere - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - [LETTERCD] Service Line Warranties i of rin,rricn To enroll or to view the terms and conditions John Smith please visit www.SLWofA.com. 987 Main Street Anytown, ST 12345 Contact ID: 1234567 Please mark your selection: ❑ Yes! Please enroll me in the outside sewer ❑ I want to save even more! I will pay just line warranty for just $ per month $ per year for the sewer line warranty I certify to the best of my knowledge that my line is in good working order. Signature: Date: W = Co a m J = W X p z W LL V O > a F- 0 5 U f6 N CD f6 N in X ++ (O M O h0 N C � U � L \ a Ln z � a � a J a � z �0 0 o o � � z � a a N 0 LM LM z rn rn o 2 LA ° a a a H 0 LM LM Cz 0 � 00 z a LU LU z z J J z a LU LU � W LU a LU LU V) a a LU w x x LU w 5 U f6 N CD f6 N in X ++ (O M O h0 N C � U � L \ a Ln From: <Majtenyi >, Victor <Majtenyi(@mydelraybeach.com> Date: Thursday, May 16, 2013 1:25 PM To: Louie Chapman <chapman @mydelraybeach.com> Subject: Independent water service line / sewer line Insurance program Mr. Chapman, This is in regards to our conversation yesterday about the independent insurance program covering customer (owner) water and sewer services (from the owner's side of the meter or cleanout towards the house). We went thru our work order records again, this time going back to January (from January 2013'thru April 2013). • Water related calls: o We found 75 work orders asking for assistance with water leaks 46 were a city issues (our side of the meter) 29 were on the homeowner's side (38% of calls). However, once it's determined to be on the customer's side, the customer calls a plumber, and therefore it is difficult to know the true cause of the leak. However, what we were able to ascertain from these 29 work orders is as follows: • 3 were leaking backflow devices a 3 were leaking /broken irrigation systems leaving ponding conditions ® 4 were leaks inside the dwelling ® 6 were unknown The above related leaks may not be covered under the program? O 13 were actually related to service lines (which is 17% of all calls) W Sewer related calls: o We found 115 work orders asking for assistance with blockages 72 were city issues 43 were on the homeowner's side; verification thru visual inspection of the cleanout at the property line. (37% of calls) ® However, once its determined to be on the customer side, the customer calls the plumber. Again, at that point, we do not know if the blockage is related to grease buildup, paper, improperly laid sewer service line, or other. Not sure if these conditions would be covered (or excluded) by the insurance program. In summary, our records indicate that (under this 4 month snapshot) service calls related to water leaks on the customer's service line to be at 17% of all water related calls. Regards to sewer service lines, it would appear that 37% of the calls are on the customer's side, however, we cannot refine our search to know the nature of the blockage. There are few instances where the breaks, or blockages, on the customer's side to the service are dearly identifiable as to cause. I hope this helps, Vic Victor Majtenyi Interim Environmental Services Director 434 South Swinton Avenue Delray Beach, Florida 33444 561- 243 -7328 maitenvi@mvdeIrGvbeach.com E: _PA - MEMORANDUM TO: Mayor and City Commissioners FROM: David A. Boyd, Finance Director THROUGH: Louie Chapman, Jr., City Manager DATE: May 10, 2013 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF MAY 21, 2013 PROPOSAL/ PFM GROUP ITEM BEFORE COMMISSION The City needs a budget model capable of allocating resources among diverse goals, planning for contingencies and mapping out a course for long term financial stability. The PFM Group offers a custom tailored budget and forecasting model allowing the city to: • Analyze historical trends • Project revenues and expenditures into the future • Incorporate debt schedules, wage scenarios and other factors • Generate "what if' projections • Compare scenarios based on combinations of policy choices, staffing levels, growth rate assumptions, etc. • Generate graphics of key metrics (surplus /deficit, fund balance, etc.) The project timeline, if approved by end of May, will allow presentation of a balanced budget to Commission in August. This proposal is time sensitive in nature in order to keep on a schedule to use the information produced from the model in the budget development and review process. Most local government budget models are integrated into a larger financial module, thus, stand -alone budget models are not readily available for local governments. PFM Group offers a customized model tailored to the needs of each client. This product was discovered at a seminar recently offered through the Palm Beach County FGFOA chapter. Various south Florida references were contacted regarding recent consulting engagements. Miami, Coral Springs and Hollywood gave high marks to PFM Group and their staff for this product. The budget model will cost $35,000 to develop and up to $45,000 (based on standard hourly rates) for ongoing budget development needed after initial model completion. Total cost will not exceed $80,000. BACKGROUND The city's budget system is 30 years old and does not facilitate a modern budget process. Management prefers to present a well developed and balanced budget to Commission. To do so requires a system with modern analytical capabilities. This PFM budget model will serve as a bridge to budget capabilities in the City's new financial system once that system is selected and installed (selection process is currently underway). FUNDING SOURCE 334 -6111 -519 -66.10 RECOMMENDATION Management recommends approval of the PFM Group Proposal for Budget Model and Forecasting. PFM' The PFM Group Public Financial Managemer,., Inc. PFM Asset Management LLC PFM Advisors MEMORANDUM To: David Boyd, City of Delray Beach, Florida From: David Eichenthal & Jelani Newton Date: April 26, 2013 Re: Proposal for Budget Model and Forecasting cc: Steve Alexander 255 Alhambra Circle 305 -448 -6992 Suite 404 305- 448 -7131 fax Coral Gables, FL www.pfm.com 33134 As a follow up to our telephone conversation on April 17, we wanted to outline a potential scope for work related to development of a baseline budget model and forecast for the City of Delray Beach. Proposed Scope of Work PFM proposes to provide analytical and financial planning support to the City of Delray Beach in the development of its Fiscal Year 2013 -2014 budget. This support will include the development of a multi -year budget forecasting model, as well as additional support as requested in the development of the City's FY2014 budget. Multi -year Budget Forecasting Model Development: PFM will develop a Microsoft Excel -based multi -year budget forecasting model for the City of Delray Beach. The model will be user - friendly, dynamic and customized to meet the City's needs. Upon completion of this assignment, the model will be handed over to the City's budget staff for ongoing use. As part of this scope of work, PFM will: • Meet with the City's budget /finance staff to define model parameters and strategic objectives • Collect and organize budget data • Analyze historical data and support development of budget forecast assumptions • Develop budget model and key analytical modules (property tax module, capital investment module, debt service module, etc.) • Integrate identified budget initiatives into model, and enable model to accept additional budget /capital initiatives in the future • Present completed forecasting model to budget staff and other stakeholders as necessary • Train budget staff to use model and perform ongoing updates Budget Development Support: Upon completion and delivery of the multi -year budget forecasting model, PFM will provide additional support as required in line with the development of the City's FY2014 budget. Proposed Timeline The proposed timeline for the development of the multi -year budget forecasting model is approximately eight (8) weeks from kick -off to completion. Weekly model development milestones are: Week 1: Kickoff meeting, establish parameters and goals; preliminary data request Week 2: Collect budget data Week 3: Organize data and perform revenue and expenditure trend analysis Week 4: Develop preliminary baseline model; Meeting to review baseline assumptions Week 5: Continued model development Week 6: Continued model development Week 7: Meeting to review completed model Week 8: Incorporate feedback; staff training and hand -off The quality of existing budget data, the timeliness of responses to information and data requests and the availability of City employees for scheduled check -in meetings all have the potential to impact the timeline outlined above. Additional PFM support for the budget development process will occur on an as- needed basis upon completion of the multi -year budget forecasting model and until the adoption of the FY2014 budget. Proposed Cost The proposed cost for the development of the multi -year budget forecasting model is $35,000. This cost includes model development and participation in meetings, presentations and demonstrations associated with the development of the forecasting model, as well as two days of on -site staff training. Because the model is based entirely in Microsoft Excel, there is no annual licensing cost to the City. In addition to the model development cost, PFM will charge the City for ongoing budget development support based on our standard hourly rates and reimbursement for travel costs up to a cap of $45,000. Standard hourly rates are listed below. Position Rate Analyst /Senior Analyst $200 /hour Senior Managing Consultant $250 /hour Director $275 /hour Managing Director $300 /hour The total cost to the City for this engagement will not exceed $80,000. Relevant Case Studies City of Coral Springs, FL Multi -Year Budget Model Development In January 2013, PFM was engaged by the City of Coral Springs to develop an Excel -based multi -year budget projection model. This model will allow the City's budget staff to easily analyze historical revenues and expenditures and develop five -year forecasts based on specific growth rate assumptions. The model also City of Delray Beach A&§PFM_ April 26, 2013 Page 2 4V Week 1: Kickoff meeting, establish parameters and goals; preliminary data request Week 2: Collect budget data Week 3: Organize data and perform revenue and expenditure trend analysis Week 4: Develop preliminary baseline model; Meeting to review baseline assumptions Week 5: Continued model development Week 6: Continued model development Week 7: Meeting to review completed model Week 8: Incorporate feedback; staff training and hand -off The quality of existing budget data, the timeliness of responses to information and data requests and the availability of City employees for scheduled check -in meetings all have the potential to impact the timeline outlined above. Additional PFM support for the budget development process will occur on an as- needed basis upon completion of the multi -year budget forecasting model and until the adoption of the FY2014 budget. Proposed Cost The proposed cost for the development of the multi -year budget forecasting model is $35,000. This cost includes model development and participation in meetings, presentations and demonstrations associated with the development of the forecasting model, as well as two days of on -site staff training. Because the model is based entirely in Microsoft Excel, there is no annual licensing cost to the City. In addition to the model development cost, PFM will charge the City for ongoing budget development support based on our standard hourly rates and reimbursement for travel costs up to a cap of $45,000. Standard hourly rates are listed below. Position Rate Analyst /Senior Analyst $200 /hour Senior Managing Consultant $250 /hour Director $275 /hour Managing Director $300 /hour The total cost to the City for this engagement will not exceed $80,000. Relevant Case Studies City of Coral Springs, FL Multi -Year Budget Model Development In January 2013, PFM was engaged by the City of Coral Springs to develop an Excel -based multi -year budget projection model. This model will allow the City's budget staff to easily analyze historical revenues and expenditures and develop five -year forecasts based on specific growth rate assumptions. The model also AFPFM- City of Delray Beach April 26, 2013 Page 3 incorporates specialized analytical functionality related to key elements of the City's budget, including property tax revenues, debt service costs and workforce costs. PFM worked closely with the City's budget staff for the past several weeks to ensure that all identified objectives were met. Final edits to the model are currently underway. City of Miami, FL Multi -Year Budget Model Development In January 2012, PFM was engaged by the City of Miami to develop a multi -year budget projection model, which would allow the City to project revenues and expenditures over a five -year period and analyze the budget impact of various proposed initiatives. PFM worked closely with the City's budget staff for almost four months and delivered a completed product in the required timeframe. The City was able to use PFM's budget projection model to include a multi -year forecast in its annual budget document. City of Doral, FL Multi -Year Budget Model Development In January 2012, the City of Doral engaged PFM to construct a multiyear budget projection model that could be used by the City to develop five -year revenue and expenditure forecasts on an ongoing basis. PFM worked closely with the City's finance staff as well as the external Citizen's Audit Committee for approximately four months to construct the budget projection model. Once the product was complete, PFM provided on -site training sessions to the City's budget staff to build internal capacity to use and update the tool on an ongoing basis. PFM also attended and participated in City Council Budget Workshops and Citizen's Audit Committee Meetings at which the budget model was used to communicate the City's forecasted fiscal position and facilitate discussion and strategic decision - making among stakeholders. City of Hollywood, FL Labor Consulting and Multi -Year Budget Forecasting In 2011, PFM was engaged by the City of Hollywood to support the City's budget development and collective bargaining processes. Facing a sizeable projected operating deficit for Fiscal Year 2012, the City was forced to explore dramatic reforms for restoring fiscal health. A number of these reforms were focused on the cost of employee benefits. As part of this engagement, PFM performed an extensive benchmarking analysis to frame the City's economic and financial experience in the context of other governments in Broward County and in the State. PFM also delivered expert testimony for the City as part of labor negotiation processes and Special Magistrate's hearings. AL'FPFM- City of Delray Beach April 26, 2013 Page 4 By the start of the new fiscal year, the City was able to pass pension reforms through voter referendum that are expected to generate millions in ongoing savings. In addition to labor consulting services, PFM also assisted the City of Hollywood in revising its multiyear budget projections and researching best practices is fund balance reserve policies in compliance with GASB 54. iect Team Profiles David Eichenthal, Director David Eichenthal is a Director with PFM and leads the firm's Chattanooga, Tennessee office. With PFM, Mr. Eichenthal is currently leading the firm's work with the City of Memphis (a multi -year financial plan) and Shelby County (an operational efficiency study). He also led the development of an operational efficiency study for Youngstown, Ohio and played leadership roles in the firm's engagements on budget and operational issues with Orleans Parish, Louisiana and Cuyahoga County, Ohio. Prior to joining PFM, he served for nearly seven years as President and CEO of the Ochs Center for Metropolitan Studies where he was also a Nonresident Senior Fellow with the Brookings Institution Metropolitan Policy Program. Prior to that, Mr. Eichenthal was the Director of the Office of Performance Review and City Finance Officer for the City of Chattanooga. Mr. Eichenthal's writing on government performance has been featured in Government Finance Review and he has presented his work at convenings by the Government Finance Officers Association, the Association of Government Accountants, Governing, the Kennedy School of Government and the White House. He has also taught government, public administration and public policy courses at the University of Tennessee - Chattanooga, Georgia State University, New York University and Baruch College. Jelani Newton, Senior Managing Consultant Jelam Newton is a Senior Managing Consultant in the firm's Miami, Florida office. Mr. Newton has been a member of PFM's Management and Budget Consulting Practice for five years. Since joining the firm in 2008, Mr. Newton has applied various techniques in research, quantitative analysis and model development to support clients in achieving financial and operational improvements. Recent engagements include labor consulting services for the City of Miami and the City of Hollywood, Florida, as well as the development of multiyear budget forecasting models for the City of Miami, the City of Doral, and the City of Coral Springs, Florida. Mr. Newton has also supported multiyear budget forecasting engagements for the City of Memphis, Tennessee, Mobile County, Alabama and Minneapolis Public Schools. Prior to joining PFM, Mr. Newton was Program Coordinator at the University of Pennsylvania's Institute for Urban Research. There he worked to support the Institute's mission of fostering an increased understanding of urban issues through cross - disciplinary scholarship and civic engagement. Mr. Newton received a bachelor's degree in Sociology, a master's degree in Government Administration, and a Certificate in Public Finance from the University of Pennsylvania. AL'FPFM- 97 About Management & Budget Consulting at PFM City of Delray Beach April 26, 2013 Page 5 PFM's Management & Budget Consulting (MBC) team is a dedicated group of professionals focused on the unique challenges of financial management in the public sector. For over a decade, the MBC team has been serving clients at all levels of government and across all regions of the country. We are dedicated to providing our clients with the kind of in -depth analysis that can truly make a difference. Our team has helped public sector managers across the nation to improve operations within their respective organizations based on our practical and results- oriented recommendations. Many of our professionals have themselves been state and city budget and finance managers. They know well the challenges of public sector management, and how best to address them. The services offered by the MBC team fall into four major categories: • Financial Planning and Fiscal Recovery • Organizational Improvement • Workforce Consulting • Health and Human Services Management Consulting Financial Planning and Fiscal Recovery represents one of the MBC's oldest lines of service. Beginning with our work on Philadelphia's successful turnaround plan from ` junk bond" status in the early 1990s, and continuing through today, PFM's Management and Budget Consulting team has helped to set the standard for public sector financial planning in order to achieve sustainable budget health. Especially today, as governments large and small struggle with a host of economic and structural budget challenges, the "bottom line" focus of the services we offer can help to maximize available resources, contain growing cost pressures, and provide a sound, quantitative framework for making critical — and increasingly difficult — budget decisions. With two offices located in Florida (Coral Gables and Orlando), the MBC team has developed a strong presence in the state. Current or recent Florida clients include the City of Miami, the City of Hollywood, the City of Doral, the City of Coral Springs, Hillsboro County, and Broward County among several others. VVII " 0 qV 4 Today, state and local government leaders face unprecedented fiscal challenges. Stagnant revenue growth, severe personnel cost pressures, and a growing list of unfunded mandates make it increasingly difficult to maintain fiscal balance. Finance departments are given limited resources to meet demands and are also expected to plan for future needs. They need practical tools to help them think beyond the current fiscal year, plan for contingencies, and map out a course for long term financial stability. PFM's budget and financial planning models are uniquely tailored to meet those needs while reflecting the unique circumstances that you deal with every day. From cash flow management to adaptable "what if" revenue projections to long term financial planning, we can provide you with a powerful management, communication, and planning tool. PFM' The PFM Group PFM Asset Management LLC PFM Advisors PFM Modeling Services In tough times, public sector leaders require effective strategies to improve the bottom line. PFM works with clients to identify major cost drivers and revenue trends, develop strategies to maintain fiscal balance, and model their impact on future budgets. Our professionals have provided these modeling services to states, cities, counties, school districts, and special authorities. Prior engagements include: • City of Aurora, Colorado • City of York, Pennsylvania • City of Colorado Springs, Colorado • City of Baltimore, Maryland • City of Philadelphia, Pennsylvania • City of St. Louis, Missouri • City of Miami, Florida • Luzerne County, Pennsylvania • State of Georgia • Commonwealth of Pennsylvania • School District of Philadelphia • St. Louis Public Schools • Edwards Aquifer Authority (San Antonio, Texas) • St. John's County, Florida • City of Newark, New Jersey • City of Jackson, Mississippi • Nassau County, New York • City of Gary, Indiana • City of New Orleans, Louisanna Model Capabilities Budget Analysis and Forecasting • Quickly analyze and review historical budget growth trends • Project revenues and expenditures into the future based on flexible, user - generated growth rate assumptions • Incorporate your government's debt schedule, labor contracts, and other factors that define your unique circumstances www.pfm.com PFM Budget and Financial Planning Models Policy Initiative Impact Modeling • Generate "what if' projections to see the long term financial impact of specific policy choices that reduce costs, increase revenues, or enhance services • Communicate the impact of new initiatives on the financial bottom line to the Mayor, Council, senior staff, and others Scenario Comparison • Create, save, and compare scenarios based on different combinations of policy choices, staffing levels, facility usage, revenue and expenditure events, and growth rate assumptions Reporting Features • With Report Viewer, generate multiple reports using the same underlying data: department -by- department, aggregate (object class) basis, and comparison of different scenarios • Through the Report Card Module, track and measure specific model outputs (e.g. fund balance, debt service) against best practices or existing financial policies • Using the Wage Increase Manager, quickly gauge the impact of bargaining unit wage increases on the budget • With Debt Service Manager project debt service into the future assuming existing debt service plus up to seven new bond issues • Through the Dashboard feature, quickly and easily generate graphics of key metrics (e.g. revenues, surplus /deficit, fund balance, other rating agency financial metrics) For more information, please contact Dean Kaplan, Managing Director kapland @pfm.com Philadelphia: (215) 567 -6100 David Hoskins, Senior Managing Consultant hoskinsd @pfm.com Philadelphia: (215) 567 -6100 Jelani Newton, Senior Managing Consultant newtonj @pfm.com Miami: (305) 448 -6992, ext. 3071 PFM` qV The PFM Group �_.. .=z aim -.. -- n � =•+7rOrt„„ L— r Yl� . :=s J- � David Eichenthal, Senior Managing Consultant eichenthald @pfm.com Chattanooga: (423) 425 -3154 Nickie Whitaker, Senior Managing Consultant whitakern @pfm.com Des Moines: (515) 724 -5730 i www.pfm.com MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: May 17, 2013 SUBJECT: AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF MAY 21, 2013 DISCUSSION OF INSPECTOR GENERAL LITIGATION ITEM BEFORE COMMISSION This item is before Commission to discuss a lawsuit filed against Palm Beach County contesting the funding mechanism the County set up for the Inspector General (IG). BACKGROUND The City, along with 14 other municipalities filed suit against the County contesting the funding mechanism the County set up for the IG, not the IG program, just the funding of the IG. The Commission voted to join the lawsuit at its October 12, 2011 meeting. The lawsuit was filed by the municipalities requesting declaratory relief and asserting that the current funding mechanism required by the County for the IG is an unlawful tax and that the County lacks the authority to impose the fee. The funding mechanism set forth by the County provides that a percentage of actual expenses of each governmental entity as reported to the Florida Department of Financial Services Local Government Electronic Reporting System shall be paid to the County to fund the IG. The municipalities' percentage is based on the amount of expenses that is reported, so generally the Cities that have larger operating budgets and more expenses would pay a larger percentage of the total. Delray Beach was billed approximately $39,000.00 for the period from June 1 to September 30, 2011 based on this funding mechanism. It is the municipalities' position, in the lawsuit, that the ordinance associated with the ballot question provided that the municipalities would pay one quarter of one percent of contracts entered into by the municipalities. Procedurally, the case is proceeding to trial. MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: May 13, 2013 SUBJECT: AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF MAY 21, 2013 APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRITSTERS ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Police & Firefighters Retirement System Board of Trustees. BACKGROUND The term for Mr. Alan Kirschenbaum, regular member on the Police & Firefighters Retirement System Board of Trustees, will expire on April 22, 2013. Mr. Kirschenbaum will have served one (1) full term, is eligible, and would like to be considered for reappointment. In accordance with Section 33.65 (A)(2) of the City Code, the City Commission appoints two (2) public members of the Board of Trustees. All members must be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. All appointees must take an oath of office. The following individual has submitted an application and would like to be considered for appointment: Alan Kirschenbaum Incumbent A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and he is registered. Based on the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2) for one (1) regular member to serve a two (2) year term ending April 22, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve a two (2) year term ending April 22, 2015. POLICE & FIRE FIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES 05/12 (No Term Limits) TERM EXPIRES REGULAR MEMBERS APPT BY Indefinite Danielle Connor, Fire Chief Serving as Fire Appt01/01/12 Chief Indefinite Anthony Strianese, Police Chief Serving as Police Chief 04/22/2013 Alan Kirschenbaum City Appt 04/21/11 Commissioners 2 yr term 04/22/2013 Lieutenant Scot Privitera Police Dept Appt12 /2011 06/30/2014 Adam Frankel, Vice Chair City unexp 05/05/09 Commissioners Reappt05 /25/10 Reappt05 /15/12 04/22/2014 John Palermo Police Dept Appt04 /10 Reappt03 /12 04/22/2013 Lt. Joe Ligouri, Chair Fire Dept Appt04 /99 Reappt04 /01 Reappt04 /03 Reappt04 /05 Reappt04 /07 Reappt04 /09 Reappt 04/11 04/22/2014 Gregory Giaccone Fire Dept Appt03 /12 Doug Smith (sitting member) Mayor MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: May 13, 2013 SUBJECT: AGENDA ITEM 9.H. - REGULAR COMMISSION MEETING OF MAY 21, 2013 APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Public Art Advisory Board. BACKGROUND There is a vacancy on the Public Art Advisory Board. The term is unexpired ending July 31, 2013. An appointed is needed for one (1) regular member. Per Ordinance No. 15 -12, the appointed member shall be allowed to serve the following full regular term without reappointment because the unexpired term is for a period of time less than six months. On February 1, 2005, the Delray Beach City Commission adopted Ordinance No. 77 -04 establishing the Public Art Advisory Board for the purpose of advising and making recommendations to the City Commission with respect to public art policy and related issues including, but not limited to, the selection, construction and placement of public art in/on City right -of -way and City owned property. The Public Art Advisory Board shall consist of seven (7) members. Three (3) seats on the Board must be filled with either an artist, architect, landscape architect or engineer. Laypersons of knowledge, experience and judgment who have an interest in public art shall make up the balance of the Board. The following individuals have submitted an application and would like to be considered for appointment: Mary- Elizabeth Cohn Educator /Consultant /Sales Representative Shirl Fields Retired/Jewelry Designer (currently serving on the Neighborhood Advisory Council) Christopher Metzger Executive Director Chris Stray Landscape Designer Patricia Truscello Public Relations Specialist A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and they are registered. Based on the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2) for one (1) regular member to serve an unexpired term plus a two (2) year term ending July 31, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve an unexpired term plus a two (2) year term ending July 31, 2015. PUBLIC ART ADVISORY BOARD 03/13 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/13 Daniel Bellante Business Owner Unexp Appt 03/20/12 07/31/14 Sharon Koskoff Artist Appt 07/17/12 07/31/13 Jerry Rabinowitz Photographer Unexp Appt 11/06/12 07/31/14 Sandi Franciosa Appt 07/20/10 Administrative Reappt07 /17/12 Asst /Retired 07/31/14 Kevin Rouse Artist /Photographer Appt 07/17/12 07/31/14 Carolyn Pendelton- Parker Landscape Architect Appt 08/07/12 07/31/15 Vacant Unexp Appt + 2 y MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman Jr., City Manager DATE: May 13, 2013 SUBJECT: AGENDA ITEM 9.I. - REGULAR COMMISSION MEETING OF MAY 21, 2013 APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY ITEM BEFORE COMMISSION This item is before the City Manager for an appointment to the Delray Beach Housing Authority. BACKGROUND There is a vacancy on the Delray Beach Housing Authority due to Mrs. Shelly Petrolia being appointed to the City Commission. The term is unexpired ending July 14, 2013. Per Ordinance No. 15 -12, the appointed member shall be allowed to serve the following full regular term without reappointment because the unexpired term is for a period of time less than six months. Appointment is needed for one (1) regular member. Per Florida Statute, Chapter 421, an appointee may not be an officer or employee of the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system, the recommendation/appointment will be made by Commissioner Jacquet (Seat #2) for one (1) regular member to serve an unexpired term plus a four (4) year term ending July 14, 2017. RECOMMENDATION Recommend appointment of one (1) regular member to serve an unexpired term plus a four (4) year term ending July 14, 2017. DELRAY BEACH HOUSING AUTHORITY 4 YEAR TERM 600 N. Congress Avenue, Suite 310B Delray Beach, FL 33445 05/13 TERM REGULAR MEMBERS EXPIRES 07/14/2016 Joseph Hepp, Chair Unexpired Appt 10/21/08 Reappt06 /19/12 07/14/2014 Marcia Beam Unexp Appt 10/04/11 07/14/2014 Sylvia Morris Unexp Appt 07/10/07 Reappt07 /06/10 07/14/2017 Unexp Appt + 4 yrs. Vacant 10/27/2015 Christel Silver, Vice Chair Appt 11/6/07 Reappt10 /04/11 03/06/2014 Guam Sims Unexp Appt 10105110 07/14/2014 Choli Aronson Unexp Appt 05/19/09 Reappt07 /06/10 S/ City Clerk /Board 13 /Delray Beach Housing DELRAY BEACH HOUSING AUTHORITY EXHIBIT A Bruce Bastian Nayda Cottone - Ovadia (currently serving on the Nuisance Abatement Board) Joe Farkas (also applying for the Financial Review Board) Irene Frazier Philip Friedman Gaston Joseph Pearl Markfield Elrod (currently serving on the Neighborhood Advisory Council) Dorothy Payne Morris Weinman Alan Weitz (also applying for the Financial Review Board) MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: May 13, 2013 SUBJECT: AGENDA ITEM 9.J. - REGULAR COMMISSION MEETING OF MAY 21, 2013 APPOINTMENT TO THE POLICE ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Police Advisory Board. BACKGROUND There is one (1) vacancy on the Police Advisory Board due to the resignation of Mr. Fran Marincola. An appointment is needed for one (1) regular member to serve an unexpired term plus a two (2) year term ending July 31, 2015. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. Membership shall include a diverse cross section of the community; business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible. The following individuals have submitted applications and would like to be considered for appointment: Jack Chadam Margherita Downey Joseph Ingram John Jackson Ellen Major -Hanna A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and they are registered. Based on the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2) for one (1) regular member to serve an unexpired term plus a two (2) year term ending July 31, 2015. RECOMMENDATION Recommend appoiontment of one (1) regular member to serve an unexpired term plus a two (2) year term ending July 31, 2015. POLICE ADVISORY BOARD 05/13 TERM EXPIRES NAME & ADDRESS 07/31/15 Vacant Unexp Appt + 2 yrs. 07/31/14 Wyana Claxton Unexp Appt08 /16/11 Reappt07 /17/12 07/31/14 Samuel Menard Appt08 /07/12 07/31/14 Robert Shell, Vice Chair Unexp Appt08 /02/11 Reappt07 /17/12 07/31/13 Matthew Monahan Unexp Appt04 /20/10 Reappt06 /21/11 07/31/13 Annette Annechild Unexp Appt11/01/11 07/31/14 Shelly Well Appt07/17/12 07/31/14 Aird Cajuste Appt07/17/12 07/31/14 Edith Thompson Appt07 /20/10 Reappt07 /17/12 07/31/13 Catherine DeMatto Appt06 /21/11 07/31/13 Marc Muscarella Unexp Appt10 /16/12 07/31/13 Ryan Longo Unexp Appt07/31/13 (Student) 07/31/14 Paola Pineros Unexp Appt12/04/12 Student S/ City Clerk /Board 13 /Police Advisory Board MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: May 13, 2013 SUBJECT: AGENDA ITEM 9.K. - REGULAR COMMISSION MEETING OF MAY 21, 2013 APPOINTMENT TO THE FINANCIAL REVIEW BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Financial Review Board. BACKGROUND There is a vacancy on the Financial Review Board for one (1) regular member due to the resignation of Mr. Jeff Ritter. An appointment is needed for one (1) regular member to serve an unexpired term plus a two (2) year term ending July 31, 2015. On October 6, 2009, the Delray Beach City Commission adopted Resolution No. 55 -09 establishing the Budget Review Committee to review the City's budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably impact the City's budget and overall financial condition. The Commission later adopted Resolution No. 58 -09 which renamed the committee as the Financial Review Board with the expanded responsibilities of analysis of revenues and expenses and business practices and processes. Resolution No. 05 -11 provided further amendments to clarify that the Board's duties shall fall under the direction of the City Manager or the City Commission and to restrict the membership of the Board. The Financial Review Board shall consist of nine (9) members. Five (5) seats on the Board must be filled with a certified public accountant, accounting professional, finance professional, certified financial planner, investment advisor, insurance professional (property /casualty or health), business owner /manager /officer and someone with an MBA or MPA degree. The remaining four (4) members may be at large. The following individuals have submitted applications and would like to be considered for appointment: Joe Farkas Banking/President/C.E.O. (also applying for the Delray Beach Housing Authority) Alan Weitz Banking A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and they are registered. Based on the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2) for one (1) regular member to serve an unexpired term plus a two (2) year term ending July 31, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve an unexpired term plus a two (2) year term ending July 31, 2015. FINANCIAL REVIEW BOARD 05/13 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/14 Brian Anderson Director of Unexp Appt 03/20/12 Communications reappt 07/05/12 07/31/14 RosaTorres- Tumazos Business Strategy Unexp Appt 06/05/12 + 2 Consultant Yrs 07/31/13 John Hallahan, Chairperson Assistant Director of Unexp Appt 04/05/11 Operations /Retired P.E. Reappt06 /21/11 MBA 07/31/14 Mark Spennacchio Retired /Finance /Aviation Unexp Appt 01/17/12 Reappt07 /17/12 07/31/15 Vacant Unexp Appt + 2 yr term 07/31/13 Jeremy Office Unexp Appt 07/17/12 Financial Manager 07/31/14 Luise Plane Executive Management Appt 07/20/10 Reappt07 /17/12 ALTERNATES 07/31/13 Warren Trilling Business Development Unexp Appt 01/03/12 Manager CPA 07/31/13 Selma Snow Retired /Fiscal Officer Unexp Appt 08/07/12 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: May 13, 2013 SUBJECT: AGENDA ITEM 9.L. - REGULAR COMMISSION MEETING OF MAY 21, 2013 APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Downtown Development Authority. BACKGROUND There is a vacancy on the Downtown Development Authority for one (1) regular member due to the resignation of Mrs. Nancy Stewart- Franczak. The term is unexpired ending July 1, 2014. An appointment is needed for one (1) regular member. To qualify for appointment, a prospective member must reside in or have his or her principal place of business in the City, and shall not be serving as a City officer or employee. There is a requirement that at least four of the members must be owners of real estate within the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer or managing agent of an owner or of a lessee thereof so required to pay taxes thereon. A map of the Downtown Development Authority Boundary is included for your review. Currently serving on the Downtown Development Authority and meeting ownership and tax payment qualifications are Mr. Fran Marincola, Mr. Seabron Smith, and Mr. Albert Richwagen. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Mayor Glickstein (Seat #5) for one (1) regular member to serve on the Downtown Development Authority for an unexpired term ending July 1, 2014. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Downtown Development Authority for an unexpired term ending July 1, 2014. DOWNTOWN DEVELOPMENT AUTHORITY (DDA) 85 SE 4h Avenue, Suite #108 Delray Beach, FL 33483 3 year term 05/13 TERM REGULAR MEMBERS EXPIRES 07/01/2014 Albert Richwagen *Tax qualification Appt 06/21/11 07/01/2014 Ryan Boylston Appt 07/05/11 07/01/2015 Bonnie Beer *Tax qualification Appt 06/19/12 07/01/2014 Diane Franco, Secretary Appt 08/05/08 Reappt 06/21/11 07/01/2015 David Cook, Treasurer *Tax qualification Unexp Appt 05/15/07 Reappt 07/07/09 Reappt 07/05/12 07/01/2014 Vacant *Tax qualification Unexp Appt 07/01/2013 Seabron A. Smith, Vice Chair Unexp Appt 07/21/09 Reappt 07/06/10 David Beale Ronald Furst Bruce Gimmy DOWNTOWN DEVELOPMENT AUTHORITY EXHIBIT "A" Attorney Sales - Business Owner Sales - Business Owner Tax Qualification Tax Qualification Tax Qualification Harold Van Arnem Principal/Developer Tax Qualification MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: May 13, 2013 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF MAY 21, 2013 ORDINANCE NO. 10 -13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for an ordinance amending Chapter 33, "Police and Fire- Rescue Departments ", Section 33.62, `Benefit Amounts and Eligibility ", and Section 33.64, "Contributions ". BACKGROUND At the first reading on May 7, 2013, the Commission passed Ordinance No. 10 -13. RECOMMENDATION Recommend approval of Ordinance No. 10 -13 on second and final reading. ORDINANCE NO. 10 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE - RESCUE DEPARTMENTS "; AMENDING SECTION 33.62, `BENEFIT AMOUNTS AND ELIGIBILITY "; AMENDING SECTION, "33.64, "CONTRIBUTIONS "; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire - Rescue Departments ", Section 33.62, Benefit amounts and eligibility ", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: (B) Normal Retirement Benefit. (3) Optional Enhanced Multiplier. (a) Notwithstanding any provision of the System to the contrary, a member who is actively employed by the City on March 15, 2004, but who is not participating in the deferred retirement option plan (DROP), may elect a normal retirement benefit in the amount of three and one -half (3.5) percent of average monthly earnings for each year of continuous service if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty -seven and one -half (87.5) percent of average monthly earnings. Members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A), and shall receive the enhanced multiplier for all periods of continuous service. An election under this subparagraph must be on or before April 15, 2004. (b) Notwithstanding any provision of the System to the contrary, a member who is actively employed by the City on March 15, 2004, but does not elect the enhanced multiplier in accordance with subparagraph (a), above, and who is not participating in the deferred retirement option plan (DROP), may thereafter elect a normal retirement benefit in the amount of three and one -half (3.5) percent of average monthly earnings for all future continuous service after making such election if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty -seven and one -half (87.5) percent of average monthly earnings. Members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the I ORD. NO. 10 -13 Trust Fund in addition to the member contribution specified in Section 33.64(A). Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. (c) Notwithstanding any provision of the System to the contrary, a member who is hired after March 15, 2004 and before April 9, 2013, and who is not participating in the deferred retirement option plan (DROP) may elect a normal retirement benefit in the amount of three and one -half (3.5) percent of average monthly earnings for all future continuous service after making such election if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty -seven and one -half (87.5) percent of average monthly earnings. Members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A). Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. Members hired on or after April 9, 2013 shall not be eligible for the optional enhanced multiplier provided in this paragraph (d) The election to receive the enhanced multiplier under this paragraph must be made in writing on a form provided by the City. Such election shall be irrevocable. If an eligible member does not elect an optional enhanced multiplier under this paragraph, or if an eligible member elects the enhanced multiplier for only a portion of his total continuous service, then the benefit provided in paragraph (2) shall be used to calculate the benefit for all continuous service to which the enhanced multiplier does not apply. If an eligible member elects the enhanced multiplier and attains more than ten (10) but less than twenty (20) years of continuous service, the member's benefit shall be determined in accordance with paragraph (2), and the member shall receive a refund of all additional contributions and amounts paid for the enhanced multiplier, without interest. In no event shall a member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. Section 2. That Chapter 33, "Police and Fire - Rescue Departments ", Section 33.64, "Contributions ", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.64. - CONTRIBUTIONS. (A) Member Contributions. (1) Effective the first pay period after September 1, 1999, members of the retirement system shall make regular contributions to the Trust Fund at a rate equal to three (3) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty -five (25) years of continuous service at which time member 2 ORD. NO. 10 -13 contributions are no longer required (2) Effective the first pay period starting after May 3, 2011, members of the retirement system employed as firefighters shall make regular contributions to the Trust Fund at a rate equal to six (6) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty -five (25) years of continuous service at which time member contributions are no longer required. (3) Effective the first pay period starting after October 4, 2011, members of the retirement system employed as police officers shall make regular contributions to the Trust Fund at a rate equal to six (6) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty -five (25) years of continuous service at which time member contributions are no longer required. (4) Notwithstanding any other provision of this section 34.64, members of the retirement system hired on or after April 9, 2013 shall make regular contributions to the Trust Fund at a rate equal to nine (9) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty -five 25) years of continuous service at which time member contributions are no longer required. The City shall pick up the member contribution required by subsections (A)(1), (A)(2)z (A)(3) and A)(4) above. The contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code. The City shall pick up the member contributions from funds established and available in the salaries account, which funds would have otherwise been designated as member contributions and paid to the pension fund. Member contributions picked up by the City pursuant to this subdivision shall be treated for purposes of making a refund of member contributions, and for all other purposes of this and other laws, in the same manner and to the same extent as member contributions made prior to the effective date of this subdivision. The intent of this subdivision is to comply with Section 414(h)(2) of the Internal Revenue Code. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be-invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 3 ORD. NO. 10 -13 Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of , 2013. MAYOR ATTEST: City Clerk First Readi Second Reading 4 ORD. NO. 10 -13 Page 1 of 1 r� MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: May 2, 2013 SUBJECT: AGENDA ITEM 11.A. - MEETING OF MAY 7, 2013 ORDINANCE NO. 10 -13 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 10 -13 which provides for modifications to the Police /Fire Pension Ordinance. BACKGROUND This Ordinance provides that persons hired as police officers or firefighters after April 9, 2013 would not be eligible for the optional enhanced multiplier, where it would raise the pension multiplier from 3% after 20 years to 3.5 %. The Ordinance also provides that the contribution rate for police officers and firefighters, hired after April 9, 2013, shall be 9 %. Currently the contribution rate is 6% for those employees who are not seeking the optional enhanced multiplier. RECOMMENDATION Approve Ordinance 10 -13. http:// itwebapp/ NovusAgenda /Preview.aspx ?ItemID= 6756 &MeetingID =447 5/13/2013