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06-18-13 Regular Meeting
City of Delray Beach Regular Commission Meeting Tuesday, June 18, 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. Mal 14, 2013 -Workshop Meeting B. June 4, 2013 — Regular Meeting 5. PRESENTATIONS: A. Honoring posthumouslyBruce Koeser Human Resource Director, for his dedicated service to the City of Delray Beach and the community 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. ACCEPTANCE OF AN SIDEWALK EASEMENT AND RIGHT -OF -WAY DEED/ COMMUNITY REDEVELOPMENT AGENCY (CRA): Approve and accept a sidewalk easement and right -of -way deed for the Community Redevelopment Agency office located at 20 North Swinton Avenue. B. ACCEPTANCE OF A WATER EASEMENT DEED/ LA FITNESS: Approve and accept a water easement deed for the installation of a new water and fire service line at LA Fitness located at 1668 South Federal Highway. C. ACCEPTANCE OF A WATER EASEMENT DEED /BANYAN CREEK ELEMENTARY: Approve and accept a water easement deed for a fire service extension at Banyan Creek Elementary located at 4243 Sabal Lakes Road. D. ADDITIONAL SCOPE /LANZO CONSTRUCTION COMPANY: Approve additional scope for the installation of additional water services by Lanzo Construction Company in the amount of $25,250.00 for the Reclaimed Water, Area 12A Project. Funding will be provided by the contract's Undefined Underground Allowance. E. HOLD HARMLESS AGREEMENTS /THE HANNAH BUILDING: Approve Hold Harmless Agreements for building encroachments (canopy, overhangs, wing walls, doors, entry jZate and column) into the right -of -way for The Hannah Building (f /k/a Mercer Wenzel) for the property located at 401 East Atlantic Avenue. F. AMENDMENT NO. 1 (CHANGE ORDER NO. 1) /PROLIME CORPORATION: Approve Amendment 1 (Change Order No. 1) to Prolime Corporation in the amount of $35,000 for disposal of wet lime sludge from the Water Treatment Plant. Funding is available from 441 - 5122 -536 -34.90 (Water and Sewer Fund: Other Contractual Services). G. HOUSING REHABILITATION GRANT/ CONTRACT AWARD FOR 513 S.W. 15TH AVENUE: Award one (1) Housing Rehabilitation contract through the Neighborhood Stabilization Program (NSP) to the lowest responsive bidder, C J Contracting, LLC. for 513 S.W. 151h- Avenue in the amount of $31,941.00. Funding is available from 118 - 1935 -554 -62.12 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). H. HOUSING REHABILITATION GRANT/ CONTRACT AWARD FOR 808 S.W. 3rd COURT: Award one (1) Housing Rehabilitation contract through the Neighborhood Stabilization Program (NSP) to the lowest responsive bidder, C J Contracting, LLC. for 808 S.W. 3rd- Court in the amount of $26,775.00. Funding is available from 118- 1935 -554 -62.12 (Neighborhood Services: Other Current Charges /Housing Rehabilitation). I. LANDSCAPE MAINTENANCE AGREEMENT /2475 SUNDY AVENUE: A the Landscape Maintenance Agreement between the property owner at 2475 Sundt/ Avenue and the City for landscape installation within the right -of -way of SW 8th Avenue. J. MODIFICATION #4 TO SUBGRANT AGREEMENT/ NEIGHBORHOOD STABILIZATION PROGRAM (NSP): Approve Modification #4 to the Neighborhood Stabilization Program (NSP) Subgrant Agreement to extend the contract date to December 31, 2013. K.INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA) /MICROENTERPRISE PROGRAM: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) to establish the Delray Beach MicroEnterprise ProjZram and adopt the ProjZram Guidelines for the CRA and City Non -CDBG MicroEnterprise Loan Fund. FundinjZ is available from 001- 1212 -559- 49.59 (General Fund: Other Current Charles /Micro Lending) and 118- 1966 -554- 83.01 (Neighborhood Services: Other Grants and Aids). L. REJECTION OF PROPOSALS /FIRE HEADQUARTERS PUBLIC PLAZA ARTWORK PROJECT: Approve a recommendation to reject all proposals received from the Fire Headquarters Public Plaza Artwork Proiect Call to Artists and authorize staff to issue a new Call to Artists. M. RENEWAL AGREEMENT/HEALTH CAREER INSTITUTE (HCI): ADDrove a renewal agreement with Health Career Institute (HCI) for the City to provide a clinical training site for EMT and paramedic students. N. PROPOSED AGREEMENT /GABRIEL ROEDER SMITH & COMPANY (GRS): Approve a proposed agreement with Gabriel Roeder Smith & Company (GRS) for actuarial consulting services regarding the Police and Fire Pension Plan. O. REVIEW AND ACCEPTANCE OF REGULARLY SCHEDULED CITY COMMISSION MEETING DATES: Approve alternate dates for the regularly scheduled meetings in July. P. PROCLAMATIONS: 1. Parks and Recreation Month — July 2013 Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 3, 2013 through June 14, 2013. R. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Pro Courts in the amount of $52,904 for the resurfacing of twenty four (24) clay courts at the Swim and Tennis Club and relining eei ht (8) clay courts at the Tennis Center. Funding is available from 334 - 4145 -572 -46.90 (General Construction Fund: Repair & Maintenance Services /Other Repair /Maintenance Costs). 2. Purchase award BoundTree Medical for six (6) recertified Zoll E Series 12 -Lead EKG Cardiac Monitor /Defibrillators with one (1) year warranty. Funding is available from 334 - 2311 -522 -64.90 (General Construction Fund: Machinery/ Equipment/ Other Machinery/ Equipment). 3. Purchase award to AG- Tronix in the amount of $22,609.50 for four (4) Computerized Irrigation Systems to be installed at Robert P. Miller Park's Little Fenway and Sergio baseball fields, Merritt Park, and Fire Station #5. Funding is available from 119 - 4151 -572 -64.90 (Beautification Trust Fund: Machinery /Equipment /Other Machinery/ Equipment). REGULAR AGENDA: A. AMENDMENT NO. 1 TO THE CONTRACT FOR SERVICES /BALLARD PARTNERS, INC.: Consider approval of Amendment No. 1 to the Contract for Services with Ballard Partners, Inc. to extend the term of the current agreement through June 30, 2014 for the state lobbying contract. B. DISCUSSION OF REPORT AND POSSIBLE APPOINTMENT OF WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE REGARDING WASTE MANAGEMENT AGREEMENT C. PROPOSAL FOR SETTLEMENT IN THOMAS VOLPE v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $150,000.00 in Thomas Volpe v. City of Delray Beach. Staff recommends denial. D. PROPOSAL FOR SETTLEMENT IN ELIZABETH A. BROWN & BARNETT BARRY BROWN v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $215,000.00 in Elizabeth A. Brown & Barnett Barry Brown v. City of Delray Beach. Staff recommends denial. E. APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint four (4) regular members to the Community Redevelopment Agency (CRA) to serve four (4) year terms ending July 1, 2017. Based upon the rotation system, the appointments will be made by Commissioner Petrolia (,Seat #1), Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4). F. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1) regular member to the Downtown Development Authority Board to serve a three (3) year term ending July 1, 2016. Based upon the rotation system, the appointment will be made by Commissioner Petrolia (Seat #1). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 11 -13: Consider an amendment to Chapter 35, "Employee Policies and Benefits ", Section, 35.105, "Administration by Retirement Committee ", Subsection (C), "Action by Committee ", to remove the requirement that the City Commission must approve changes to the General Employees' Pension Board investment policy_ 11. FIRST READINGS: A. NONE 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission WORKSHOP MEETING MAY 14, 2013 A Workshop 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., on Tuesday, May 14, 2013. Roll call showed: Present - Commissioner Shelly Petrolia Commissioner Alson Jacquet Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent - Commissioner Adam Frankel Also present were - Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Mayor Glickstein called the Workshop meeting to order and announced that it had been called for the purpose of considering the following Items. WORKSHOP MEETING AGENDA 1. Presentation of FY 2012 Audit Report Mr. David Boyd, Finance Director, introduced Scott Porter with the audit firm of Caler, Donten, Levin, Porter & Veil, P.A. an independent auditing firm based in West Palm Beach that audits the financial records of the City. Mr. Porter presented the results of the fiscal year 2012 audit for the City of Delray Beach. Mr. Porter gave a brief overview of the financial statements and focused on some of the financial highlights for 2012 compared to some of the prior years. Mayor Glickstein asked if there is any way to receive the audit report earlier than May. Mrs. Petrolia asked about the undesignated fund balance, tax monies, working capital and the water system operations. Mrs. Gray asked how many auditors the city answers to. She referenced the decrease in expenditures. Mr. Porter stated 80% of the total was a decrease in ad valorem tax. Mr. Jacquet asked about the general fund revenue decrease. Mayor Glickstein inquired about the auditing of other pension funds and asked are auditors seeing change in actuarial rate of return-are they still as high as 7.5% to 8 %. 2. Police & Fire Pension Plan Discussion This item was removed from the agenda. 3. Beach Equipment Rental Concession Request for Proposal (RFP) Mr. Brian Shutt, City Attorney, discussed this item and asked the Commission for direction and referenced the highlights of the RFP. Mrs. Petrolia asked if Commission would consider a five (5) year contract. She asked in reference to quality will the equipment be new. She discussed the maintenance of the equipment and the concession area ( #3). Mr. Shutt stated this was added by Mr. James Scala, Ocean Rescue Superintendent. Mr. Jacquet commented regarding the quality of the equipment and thanked the City Attorney for adding the language regarding the contract being renewed upon approval by the City Commission. He discussed policies and procedures, going out to bid regarding contracts and being good stewards of taxpayer money. Mrs. Gray asked about the condition of the equipment that is being used now. Mayor Glickstein reiterated the local rules regarding public speaking at workshop meetings. Mrs. Gray asked about the prior renewal. The City Attorney discussed the purchasing memo, the language in the contract regarding renewal and the May 22, 2012 City Commission Workshop Meeting. Mayor Glickstein stated this is an RFP for anybody that wants to bid on our beach services and comments regarding language about equipment, etc. are important. He asked about a letter from DEP regarding turtle nesting season and the equipment. He asked if the Ocean Rescue superintendent reached out to other agencies to see what they are doing. He stated he would like to see the contract at three (3) years with no renewals. He stated the other issue is revenue and asked why the number is set at the same number as four (4) years ago. Mayor Glickstein stated he would like to see the number reset to a five percent (5 %) multiplier across the four years. He stated he is looking for an increase and suggested that $175,000 be the beginning number. In addition, he discussed the language in the proposal. Mr. Jacquet asked what we are receiving now and Mr. Scala stated we are receiving $170,000. He asked if the contract that we have currently can be amended as a five year with no renewal. He stated he does not agree with the way this contract was renewed. Mr. Jacquet stated his lingering concern is the revenue. The Commission continued discussion regarding the RFP. Mr. Jacquet discussed purchasing and stated he likes the language in the RFP and likes the five years with no automatic renewal. Mrs. Petrolia stated the city should begin with $170,000 as the base. Mrs. Gray stated she is fine with a five year contract. It was the consensus of the Commission to have a five year contract with no renewal at $170,000 as a base and new equipment with a proposed start date of October 1, 2013. Mayor Glickstein asked the City Manager to prioritize this RFP to get this out since this is a revenue generating contract. 2 May 14, 2013 4. Discussion regarding Waste Management Agreement Mrs. Petrolia read a statement into record regarding Waste Management (a copy is attached hereto and made a part of the minutes). She stated it is in the best interest of the taxpaying citizens and it is good public policy to seek a better understanding as to the questions that she and others have. She asked the City Attorney to prepare and present a legal opinion to the Commission by the next Regular City Commission Meeting and also asked for Commission's support to obtain an outside legal opinion as well. Mr. Jacquet stated he supports Mrs. Petrolia's request and he was opposed to renewing the contract at the time and at the meeting he spoke very loudly against this and his position remains the same. He stated unfortunately the contract was renewed and a few weeks later there was a rate increase that he feels could have been negotiated regarding that contract but it was not. He stated he does not have a problem with obtaining an outside opinion. Mrs. Gray asked the City Attorney, in his opinion, if the city violated its own procurement procedures. Mr. Shutt responded no and explained the process. He stated a lien system is in place for residents who do not pay their collection rates and stated the city does not pay Waste Management any other funds other than the collection the city obtains from the residential collection. Mrs. Gray inquired as to whether this contract is a pass- through. Mr. Shutt stated this is what he termed the contract and stated the city bills residents more than what we give to Waste Management. Mrs. Gray stated she was one of the Commissioners who did vote to not send this out for bid and asked Commissioner Petrolia how she came up with the $12.5 million number. Mrs. Petrolia discussed the number and stated had the city gone out to bid the city more than likely would have seen a reduction. Mrs. Gray discussed BFI and talked regarding the cost to the city to put the contract back out for bid. She stated Commission considered whether there were any complaints regarding Waste Management. In addition, other things were on the table like the trash compactors, etc. when Commission was considering the agreement and stated Waste Management has great partnerships with the city and other programs /organizations. She stated she welcomes the opinion from our counsel but she is not sure what it would cost the city to obtain an outside opinion on something that she is not sure that the city can do anything about since the contract is in place. She asked Mr. Shutt what would it cost the city approximately to go back out for bid or to breach the contract. She stated she is not interested in spending alot of dollars to obtain an outside opinion when the Commission can receive an opinion from the City Attorney. Mrs. Petrolia stated the whole idea of obtaining the opinion is to see if the city can do anything about it. Mayor Glickstein stated the magnitude is such that the public as well as the Commission is entitled to some additional information and feels the City Attorney has done all that he can do up to this point. He provided a summary regarding the contract being assigned to Waste Management in 2012 and discussed there not being a bid. He discussed the purchasing ordinance and sections. 3 May 14, 2013 Mayor Glickstein discussed Florida Law as well and the Office of the Inspector General (OIG) issuing a contract oversight notification to the city and the former city manager's response. He stated this was not a pass through. He stated the economic realities around Delray Beach were that city after city saw rates reduced with competitive bids lost in that reason was the understanding as to what procurement really is and what it accomplishes: getting taxpayers the best possible service for the least amount. He stated transparency is good for our city's image as a fair and honest place to conduct business. He stated he has looked at this many ways and can find no good explanation for this. He stated the city ignored the OIG's warning and the decision not to bid this contract was a bad decision. Mayor Glickstein continued to read his statement into record. He stated procurement is not always about price it has an educational component to it. He stated we owe it to the taxpayers to get an independent opinion and he would like this to go to outside counsel for further review. Mr. Shutt stated in hiring attorneys it is personal services and therefore, the city would seek someone with experience in this but who is also not affiliated with Waste Management or some of their competitors. In addition, he stated he prefers that this goes through the City Manager's office. Mayor Glickstein stated he is fine with Mr. Chapman handling this and the starting place would be to look at our list of law firms who have represented the city and agencies of the city and they can run a conflicts check. Mr. Jacquet stated he supports Mrs. Petrolia's position and stated the city needs to get an outside opinion. He stated the residents deserve this since this is a $65 million contract and discussed breach of contract. Mrs. Gray stated she will go with the majority of the Commission. Mrs. Petrolia stated she has a list of names regarding attorneys and she will turn them over to Mr. Chapman. It was the consensus of Commission to have the City Attorney provide a legal opinion regarding the agreement with Waste Management and for staff to obtain an outside legal opinion to be handled through the City Manager's office. 5. Discussion regarding Controlled Parking in Residential Areas Mrs. Lula Butler, Community Improvement Director, stated the item before Commission is a discussion on controlled parking in residential areas and staff has some proposed eligibility criteria for establishing such areas if Commission wants to do this. She stated in considering this staff understands restricted parking areas are generally established to help secure available parking in residential neighborhoods and suggests that alternative parking be sought for non- residents. The programs govern parking restrictions for neighborhoods that are adjacent to corridors that are high traffic generators. She discussed the request from the Marina Historic District. Mrs. Butler stated they looked at alot of cities and in particular the Town of Palm Beach and City of Gainesville. She discussed some of the things staff is proposing regarding the survey, times regarding parking, parking spaces, permits and fees. In addition, Mrs. Butler stated she spoke with the Fire - Rescue and Police Departments regarding this, discussed the departments concerns and the Police Chief and Fire Marshall were present in case Commission had questions. Mayor Glickstein asked what other neighborhoods are looking for this and if this will set a precedent. 4 May 14, 2013 Mrs. Butler stated the neighborhoods on the Barrier Island may look for this since they are impacted by certain events and people going to the beach. Mayor Glickstein stated the precedent is an important factor and like any new policy would like for the city to get this right out of the gate. Mr. Louie Chapman, Jr., City Manager stated that is why staff prefers objective criteria so all neighborhoods would be placed on equal footing and staff would like at the specifics that trigger the criteria. Mr. Jacquet asked what kind of precedent the city would be setting and concurred with the City Manager regarding the criteria. He asked whether Police and Fire feel this will not be a major issue for them i.e. enforcement regarding putting this in particular areas and asked about the survey. Mrs. Petrolia asked what the residents want out of this as far as the different suggestions. Mrs. Butler stated staff spoke with some of the residents when they were out completing the survey. Mr. Jacquet asked if the city makes anything from towing. He stated he prefers citations. Mrs. Gray asked where the $120 fee will go and discussed citations and the parking study. Mayor Glickstein discussed citations. Police Chief Anthony Strianese discussed parking and stated the police department prefers citations. Mrs. Petrolia discussed parking. Mayor Glickstein stated he supports this and discussed the Marina Historic District and how they are impacted and asked what the next steps are and asked about the survey. Mrs. Butler stated after the survey occurs an ordinance will be proposed with the criteria clearly set for Commission approval. Mr. Chapman stated staff needs direction regarding the fees. Mr. Shutt reiterated that the city cannot mandate that people purchase the parking passes. Mayor Glickstein asked if there was a representative from the Marina District present. Mr. Allan Zeller from the public stated they were present for questions and stated he and Carolyn Patton met with Ms. Rustin and Mr. Randal Krejcarek and summarized the meeting for Commission. Mr. Jacquet asked if the Fire Marshall would like to add regarding Chief Strianese's comments. Mr. Victor Williams, Fire Marshall, discussed the State Fire Code requirement of twenty (20) feet and stated the Fire - Rescue Department will conduct measurements and determine the impact and report it to Mrs. Butler to be included in the survey. 6. Update on the Grade Level Reading Campaign Mrs. Butler presented this item, provided background information and discussed the origin of the Education Board and what the board does. She also discussed the different programs that began to come into place at the schools in Delray Beach in the past and what has been done currently. She discussed the advantages of having staff in place to work with the School District. 5 May 14, 2013 Mrs. Janet Meeks provided an overview of how the Education Board made a decision to focus on 0 -8 year old children and provided an update on the 3rd Grade Level Reading Campaign including statistics, the plan that was put into place, enrollment, demographics, poverty and collected data as well as initiatives. She discussed the three areas of focus: Attendance, Summer Learning and Kindergarten Readiness. The plan is comprised of these three areas. Mr. Guarn Sims, Principal of Village Academy, spoke regarding the school programs, his vision for the school and the city's partnership with the school. Mrs. Kathleen DePuma, Principal of Orchard View, also spoke regarding the city's partnership with them, community partnerships that have been established and programs that have been implemented. Mr. Jacquet thanked both principals and mentioned the Harlem Children's Zone and asked Mr. Sims a variety of questions. Mrs. Gray thanked Mrs. Butler, Mrs. Meeks, Dr. Kaiser, the board for all that they do on behalf of our schools as well as the principals. She stated she is glad the city is bringing Pine Grove Elementary School on board this year with the Grade Level Reading Campaign. Mrs. Gray stated in regards to advocacy, she has been trying to assist with obtaining a field for Village Academy and wants more information on where the city is regarding this. Mrs. Petrolia asked Mrs. Butler if she will reach out to the Commission regarding advocacy with the School Board i.e. writing letters and assisting in any way possible. Mr. Jacquet discussed having lines of communication via the Education Board. Mayor Glickstein spoke regarding Mr. Sims' comment about redefining the scope of work for Mrs. Janet Meeks. Mr. Sims clarified his statement and asked in light of how the children's needs have changed, if the city is maximizing what Mrs. Meeks does. He spoke about public education, the need for more staff and volunteers and advocacy in terms of middle and high school principals organizing together. Mayor Glickstein stated we have so many unsung heroes in this town regarding public education. He stated there is no more important economic driver for this town than its quality of education. He stated we need to figure out a way to reprioritize this in terms of public awareness and stated it is incredible how many people have no idea as to the poverty here. He mentioned advocacy before the school board. Mayor Glickstein stated whatever the Commission can do to support this, staff has it. Mrs. Meeks stated the role Commission can play is getting the right persons appointed to the Education Board because the members are really critical. She stated she informs the new board members upfront that they are a working board and the amount of work and hours involved. Mayor Glickstein suggested that staff make recommendations regarding the appointments. Mr. Jacquet stated one of the reasons he ran for Commission is because of education issues. One of the most important functions of the city is being fully engaged and involved with those who are in education and providing as much support as possible. Mrs. Gray commented regarding the upcoming Youth Town Hall Meeting and asked Janet speak about it. 6 May 14, 2013 7. Discussion regarding Special Event Policies and Procedures for Street Closures Mr. Robert Barcinski presented this item and stated several concerns have been raised regarding the closure of Atlantic Avenue and the item is before the Commission for guidance and direction. He provided background information and a month to month analysis of events. Mr. Barcinski highlighted certain items from the Special Event Policy and Procedures. He stated several representatives from various organizations were present in the audience. Mayor Glickstein thanked Mr. Barcinski for segregating this information out for the Commission. He stated Commission has been hearing that there are too many events. He referenced quality versus quantity. Mayor Glickstein stated perception is part of this and asked what on the list as provided by Mr. Barcinski is not needed anymore. In addition, he asked who are the events really for: the merchants or people attending the events. He asked Mr. Barcinski to speak candidly about what he would change. Mr. Barcinski stated people like certain events and some they do not. He stated originally the events as they started years ago were for economic development to bring people downtown and also as a way for non - profits to fundraise without coming to the city to ask for monies. Mr. Barcinski stated the events are for businesses, the citizens and to bring people into town. He stated some events can go to the park. He also spoke regarding the complexity of the changes in events over the year that may not be impacting the city positively. Mr. Barcinski spoke regarding the Saint Patrick's Day Parade, First Night and stated he worked with event producers to perhaps relocate some of the programs. Ms. Marjorie Ferrer, Downtown Development Authority (DDA) Executive Director, spoke on behalf of the DDA and discussed the perception of safety approximately ten (10) years ago and the creation of the original calendar regarding events. Ms. Ferrer mentioned some of the events in terms of parking, noise and hours. She stated controls can be put into place and feels if it benefits downtown, then it is good and suggested that the city get rid of those events that are not productive. Mayor Glickstein reiterated quality over quantity in terms of the events. He asked about the events schedule and "self- policing" regarding analysis after the events. Mrs. Gray stated the city has a great problem and discussed events and how events are geared to the core downtown. She stated some of the merchants feel that the events prevent people from coming to their businesses. She asked if there is a plan in place for any area other than the core downtown and can the events be spread out somewhere else. Mr. Barcinski discussed the other areas where events have occurred and stated at times the events became labor intensive and very costly. Mrs. Gray mentioned the Tennis Center and possibly putting events there especially once it has a retractable roof, etc. Ms. Ferrer stated the one thing the city has that other cities do not is that every month the city has something going on. Mrs. Petrolia stated the reason this is an item is because the Commission has received resistance from alot of people. She asked if there is a way to lessen the impact for those who here and shift those to areas that are less frequented and would not cause road closures. She asked if staff can prepare a recommendation. Ms. Ferrer stated they do a brainstorming session with the merchants once a month. May 14, 2013 Mayor Glickstein stated there are 50 days between Atlantic Avenue and other street closures per year and that is alot. Mr. Jacquet stated from the sentiments of the community the city has too many events and too much going on. He stated Commission needs a recommendation from staff and he would like to see the city keep certain events. Mr. Bruce Gimmy, Business Owner, spoke from the audience and stated during the events businesses are losing money due to people not coming into them and feels this is not needed anymore and that it is counterproductive. Stephanie Immelman, Interim Executive Director of the Delray Beach Marketing Cooperative, discussed changes she would like to make regarding certain events and discussed "On The Ave" event. Mayor Glickstein suggested that everyone needs to get together, come up with some method and coordinate the events. In addition, he spoke regarding communication and advance notice. He stated this may be a good topic for a Town Hall meeting. Mayor Glickstein adjourned the Workshop Meeting at 10:08 p.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, May 14, 2013, which Minutes were formally approved and adopted by the City Commission on une 18, 2013. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 8 May 14, 2013 COMMISSIONER PETROLIA STATEMENT MAY 14, 2013 City Commission Workshop Meeting Waste Management 5/14/13 • Well prior to any thoughts of running for this seat, I was concerned with the WM bid. There is a very long paper trail to support this. I was never able to get a clear answer as a citizen on how our city could renew or extend a contract like WM without going thru a bidding process • This is a contract that left many in the City wondering if our city violated any ordinance or procurement codes and procedures. • This is a contract that our Mayor voiced concerns on the campaign trai and at our first meeting • This was a contract that was extended even with the Office of Inspector General's recommendation to bid. • This is a contract that has cost the taxpayers $12.5 million. • This is a contract that has an attached addendum filled with language that leaves me wondering why anyone would proceed to extend when bidding was an option. FACTS: The original contact was signed in 2001 between BFI and the City. It was for 8 years with one 5 year renewal to expire in 2011. BFI was purchased by WM in 2003 wherein the City amended the current hauler contract with WM to include an extra 2 years, giving WM in essence the same contract bid originally by BFI. Amendment 1 would have the contract expire in 2013 if the 5 year renewal was exercised. Amendment 3, executed in 2008 further clarified that the current agreement between WM and the City would expire on Sept. 30, 2013. Amendment 5, executed in 2012 extended the term of the WM contract. Under 3. The contract states "The term of this agreement is hereby extended for 8 years and expires September 30, 2021. This Agreement is renewable for five - year terms upon approval of both parties." If I understand this correctly, this clause will completely remove the requirement for WM to be subject to any future bid process if the City and WM decide to exercise renewals indefinitely. Not unlike what just happened but next time, it will be without a potential violation. To me, this is the polar opposite of good public policy practices. There are reasons contracts contain an end date. It provides an opportunity to re- evaluate and rebid the contract. I cannot imagine that the commission at the time fully understood the potential consequences of this clause. When reviewing the meeting via video steam, when Attorney Shutt brought up this clause, not one commissioner questioned it. If for no other reason, this should give pause to all commissioners sitting up here. This Amendment also included the following language: 9. "WM agrees to indemnify, defend and hold harmless the City with regard to any claim, lawsuit or other cause of action that may be filed against the City as a result of the City extending the term of the Franchise Agreement, including, but not limited to the payment of the City's outside attorney fees and costs at the trial and appellate levels. WM shall pay any compensatory damages awarded against City (but not punitive, special or incidental damages) and fees and costs that may be awarded to a plaintiff of claimant. However, WM's total obligation pursuant to this Sect. 9. Shall not exceed One Million Dollars ($1,000.000). During the period when WM was proposing to the City the benefits of renewing, absent a bid process, the OIG chimed in and recommended the City bid the contract. The report cites the city's own Purchasing Ordinance, Section 36.02 which requires that when the City procures contractual services of $15,000 and up, it either procures competitive bids, or utilizes a purchasing contract established by another governmental agency; and Section 36.01 which states "all purchases over $15,000 utilize a formal competitive bid /quote process" Our previous city manager, Mr. David Harden, responded by letter to the OIG stating that the City did not "trigger" the requirements of Section 36.02 and instead indicated that this was "pass through" contract. (if this is the case, then why did we ever bid it previously ?, and why does any other city bid their hauler contracts? Common sense dictates it is not a pass thru contract) NOTE: There are no bid exemptions in our ordinances for a pass thru contract and there are no provisions that I am aware of that allow automatic time extensions once a contract reaches its expiration date I have asked for and never received from the city, the definition of a "pass through" contract. Here's why I have a problem considering this contract a pass thru. As a city, we are responsible for any unpaid or uncollected garbage bills. So we are paying WM. We are not just passing thru what is collected to WM as would be the case if a true pass through contract existed here. And even if this contract were deemed a pass through, how would that render it exempt from the procurement procedures in place? Prior to and during the August 21, 2012 (:35:00) commission meeting, there was an overwhelming consensus by the public to go out to bid. Commissioner Jacquet made a comment about being disappointed that no other hauler was permitted to speak. It appeared to me that the commission's decision would be based on a very one sided presentation and certainly not transparent. And this was not an easy decision by any member of that commission as was evident by their comments. This city lost $12.5 million by not bidding this contract. I believe it is in the best interest of our taxpaying citizens and it is good public policy to seek a better understanding as to the questions presented here. Specifically, did we in fact violate our own ordinance? Respectfully, I am requesting the commission support me in asking our sitting legal counsel to prepare and submit his legal opinion on why this contract does not violate our procurement code or city ordinance and why the March 1, 2012, OIG recommendation was not followed? I would ask that this be completed by our next meeting. And /or Respectfully I would request the commission support me in asking for an outside legal opinion. If this opinion comes back that we did in fact violate our procurement code, I would also ask for an opinion if there are grounds to void the contract. JUNE 4, 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, June 4, 2013. 1. Roll call showed: Present- Commissioner Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent - None Also present were - Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Diana Melendez, Delray Beach Clergy Association. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Frankel moved to approve the Minutes of the Regular Meeting of May 7, 2013, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to approve the Minutes of the Regular Meeting of May 21, 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; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 5. PRESENTATIONS: S.A. State Representative Bill Hager — Update on Legislative Session State Representative Bill Hager stated the Florida Legislature meets 40 days out of the year and he represents House District 89 which starts in Boca Raton continues along the coast up to West Palm Beach and moves over to the Town of Palm Beach and Singer Island. Representative Hager stated they finished with the balanced budget the same day the Federal government's bonds were down rated to AA and the 06/04/13 State of Florida's were upgraded to AAA +. He stated the State of Florida schools rank 6th in the United States up from 35 20 years ago. Representative Hager stated with regard to the funding for the current fiscal year they added another $1.5 billion to the public schools and Florida has predicated choice because everything about free markets and mankind shows us that products and services get better with competition. He stated in the State of Florida there are 500 charter schools and there are 80,000 children standing in line waiting for a slot with the charter school system. Representative Hager stated the unemployment rate in the State of Florida is 7.1 %. He stated he was a co- sponsor of the sober homes legislation and noted they were not successful in getting this through; however, they will be back at it. Representative Hager stated he is familiar with the sober home issue and the weaving the thread through the needle and that thread is between Federal Housing Law, Local Law, Constitutional issues and he is also familiar with the challenges that sober homes create in the communities. Representative Hager thanked the Commission for their service. 5.B. State Representative Bobby Powell, Jr. — Update on Legislative Session (Addendum) Representative Bobby Powell, Jr. stated this year in session they had an opportunity to work together and get things done in a non - partisan manner. Mr. Powell stated they are broken up into Republicans and Democrats and noted that we have our own delegation (Palm Beach County Delegation). Representative Powell stated a couple things that affect us are the sober homes and beach renourishment. He stated this year with regard to sober homes, there was no major legislation that passed; however, there was money put into the budget and provides the language for the Department of Children and Families to use funds to establish a license and registration process for sober homes, facilities and their operations. He stated internet cafes were all closed down this year and with regard to gambling that was the only gaming legislation that they tackled this year in session. Representative Powell stated with regard to education in Florida kids who were born in this country but their parents were not if they go to college they would not have to pay out -of -state tuition but international fees in order to go to college. He stated this year this was changed so that if a student was born in the United States regardless of whether their parents were born here or not they have the same opportunity as other students who were born here because they are citizens of Florida and therefore can request in -state tuition. Representative Powell stated there is now a dual system where a student can get a scholar diploma or certified diploma to allow them to be certified in a specialized field and still have a high school diploma. He stated with regard to elections, it limited the process, eliminated many days of early voting, and shortened timeframes. This year that was changed with House Bill 7013 which allows for longer days for early voting (minimum of 8 and a maximum of 14) and gives the Supervisor of Elections an opportunity to have early voting in places where they can accommodate more people. Representative Powell stated they passed a Transportation Bill with regard to red light cameras where there is no longer a fine for turning right on red. He stated in Palm Beach County there are approximately 297,000 people who do not have healthcare coverage. 2 06/04/13 Representative Powell stated this year there was discussion of several plans; however, the House and the Senate could not agree on a plan for everyone so consequently nothing was passed. Mayor Glickstein thanked both State Representative Hager and State Representative Powell, Jr. for the updates and the Commission looks forward to working with them in the upcoming months in the next legislative session to further some of the priorities. Mr. Jacquet stated he has had the opportunity to work closely with Representative Powell and Representative Hager when he was a Legislative Aid in the State Legislature and feels that the Palm Beach County Delegation is one of the best delegations across the state and thanked them for representing the City of Delray Beach very well in Tallahassee. 6. Comments and Inquiries on Agenda and Non - Agenda Items from the Public Immediately Following Presentations 6.A. City Manager's response to prior public comments and inquiries. With regard to Mr. Blum's comments regarding the City's survey, the City Manager stated the City will probably only conduct that survey every second or third year not annually. Secondly, the City Manager stated staff is looking into Ms. Vinik's request to discontinue water fluoridation. The City Manager stated the Health Department would like to make a presentation to the City Commission regarding the benefits of fluoridation and noted staff will schedule that at some point in the future. The City Manager stated he had a follow -up meeting with Christina Morrison regarding the Financial Review Board (FRB) and the City is going to try and use them more expeditiously for matters involving the City. Lastly, the City Manager stated regarding ADA compliance with street signs, staff is going to look at this issue to make sure they are ADA compliant. 6.B. From the Public. 6.B.1. Bob Ganger, Chairman of the Florida Coalition for Preservation located in Delray Beach, commented about the 2013 award designating the City of Delray Beach as one of America's best restored beaches. Mr. Ganger stated this is an important achievement and gave kudos to everyone who worked on that. He stated healthy beaches and dunes have contributed to the economic well -being and quality of life of the people who live in Delray Beach but it is part of how the city got the designation of things such as the All- America City and a great place to have fun. Mr. Ganger stated a relatively new coalition of private citizens has been formed to encourage 3 06/04/13 coastal residents to become more informed about beach protection issues and to work with government representatives to find solutions that best meet the needs of coastal communities throughout the Palm Beach area. He stated the Beach Property Owners and the Coalition are two of roughly twelve individual citizens groups that are working together with a group called "Protect Our Beaches ". Mr. Ganger stated their job is to make sure people understand the issues that they communicate with elected officials who can do something about the issues and in particular with people at the federal, state, and county level. He invited the Commission to attend a meeting regarding beach protection issues on Saturday, June 15, 2013 from 9:00 a.m. to 12:00 p.m. at the Boca Raton Resort and Club (Valencia Room). 6.11.2. Lisa Quillian, 925 S.E. 2nd Avenue, Delray Beach, FL 33483, stated there is a typo on the Agenda regarding Item 9.D., Special Event Request/Give Away School Supplies, and noted this should read S.E. 2nd Avenue not S.E. 3rd Avenue. She expressed concern that this will be going on until 10:00 p.m. and stated that since this is a very high crime area and for anything after dark the City needs to consider having Delray Beach Police instead of security provided by the event sponsor. 6.11.3. 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), commented on the discussion of the LDRs and stated Delray Beach is two cities; one in season and one not in season. Dr. Kirson stated all the congestion during season is not caused by increased density but instead it is caused by tourism. He stated the City needs the development of these downtown units and the extra density of people that can walk or ride a bike to these facilities and keep them going. He stated right now there are two well -known restaurants that are close to going under. 6.11.4. Jim Smith, 1225 South Ocean Boulevard #202, Delray Beach, FL 33483 (Chairman of S.A.F.E. Organization), stated at the last meeting the S.A.F.E. Delray Outreach Specialist made a presentation on a survey on pedestrian signals along Atlantic Avenue. Mr. Smith stated regarding the ped signals on 2nd and 4th Avenue, he suggested taking out the push button ped signals completely and leaving the walk man signs so when the light turns green it turns on and it stays on until it is time to count down. Mr. Smith stated with the heavy pedestrian environment on Atlantic Avenue just having the "walk" sign on will do the trick. 7. AGENDA APPROVAL. The City Manager requested to remove Item 9.C., Initiation of an Amendment to Land Development Regulations (LDR) from the Agenda. 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. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 4 06/04/13 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROVAL /SOFA DELRAY ONE: Approve a proposed multiple family residential development containing 117 rental units being platted as SOFA Delray One located on the east side of S.E. 3rd Avenue between S.E. 1st Street and S.E. 2nd Street. 8.11. FINAL SUBDIVISION PLAT APPROVAL /SOFA DELRAY TWO: Approve a proposed multiple family residential development containing 55 rental units being platted as SOFA Delray Two located on the west side of S.E. 2nd Avenue between S.E. 1st Street and S.E. 2nd Street. 8.C. HOLD HARMLESS AGREEMENT /5 S.E. 2ND AVENUE: Approve a Hold Harmless Agreement with BOEJ, LLC to allow for installation of a dumpster with steel posts supporting gates and a fence screen within the public utility easement for the property located at 5 S.E. 2nd Avenue. 8.D. SUPPLEMENTAL AGREEMENT NO. 1 TO THE LOCAL AGENCY PROGRAM (LAP)/ FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): Approve Supplemental Agreement No. 1 to the Local Agency Program (LAP) with Florida Department of Transportation (FDOT) for the construction of the Federal Highway Beautification Project. 8.E. AMENDMENT NO. 1 TO THE ALTERNATIVE WATER SUPPLY (AW S) GRANT AGREEMENT /SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Approve Amendment No. 1 to the South Florida Water Management District (SFWMD) Alternative Water Supply (AWS) Grant Agreement for the Area 12A -Phase 1 Reclaimed Water System Expansion Project. 8.F. CONTRACT ADDITION (CHANGE ORDER NO. 1) /SEALAND CONTRACTORS, CORPORATION: Approve Contract Addition (C.O. No. 1) to Sealand Contractors, Corporation in the amount of $96,816.50 for the Federal Highway Beautification Project. Funding is available from 334 - 3162 -541 -68.52 (General Construction Fund: Other Improvement/Federal Highway Beautification Project). 8.F.1. AMENDMENT NO. 1 TO THE CONSTRUCTION ENGINEERING AND INSPECTION SERVICES (CEI) AGREEMENT/R.J. BEHAR & COMPANY, INC.: Approve Amendment No. 1 to the Construction Engineering and Inspection Services (CEI) Agreement in the amount of $16,050.00 with R.J. Behar & Company, Inc. for the Federal Highway Beautification Project. Funding is available from 334 - 3162 -541 -68.52 (General Construction Fund: Other Improvement/Federal Highway Beautification). 06/04/13 8.G. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL)MOSTER MARINE CONTRACTORS INC.: Approve Contract Closeout (C.O. No. 2/Final) in the amount of a $4,546.00 decrease and final payment in the amount of $40,432.25 to Foster Marine Contractors Inc. for completion of the Drainage Swales FY12 - Lake Ida Project. Funding is available from 448 - 5461 -538 -46.43 (Storm Water Utility Fund: Repair & Maintenance Service/Drainage Swales). 8.11. CORRECTION TO CONTRACT AWARD /MANCIL'S TRACTOR SERVICE, INC.: Approve a corrected contract award in the amount of $976,767.82 with Mancil's Tractor Service, Inc., for Construction of the S.W. 2nd Street Beautification Project. Funding is available from 334 - 3162 -541 -65.95 (General Construction Fund: Capital Outlay /S.W. 2nd Street Beautification) and 448- 5461 -538- 65.95 (Storm Water Utility Fund: Other Improvements /S.W. 2nd Street Beautification). 8.I. AMENDMENT TO EASEMENT, USE, MAINTENANCE AND DECLARATION AGREEMENT /120 S.E. 4TH STREET: Approve Amendment to Easement, Use, Maintenance and Declaration Agreement where the City is not a party, but the City must give its approval for the amendment for the property located at 120 S.E. 4th Street. 8_J. STATE AND LOCAL TASK FORCE AGREEMENT /DEPARTMENT OF JUSTICE DRUG ENFORCEMENT ADMINISTRATION (DEA): Approve a State and Local Task Force Agreement with the Department of Justice Drug Enforcement Administration (DEA) to provide for one officer from the Police Department to join the DEA Task Force to disrupt illicit drug traffic. 8.K RESOLUTION NO. 31 -13: Approve Resolution No. 31 -13 assessing costs for abatement action required to remove nuisances on 11 properties throughout the City of Delray Beach. The caption of Resolution No. 31 -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 6 06/04/13 INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 31 -13 is on file in the City Clerk's office.) 8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 20, 2013 through May 31, 2013. 8.M. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Complete Property Services of South Florida, Inc., in the amount of $29,180.00 for landscape maintenance at Atlantic Avenue Gateway Feature. Funding is available from 119 -4144- 572 -46.40 (Beautification Trust Fund: Repair & Maintenance Services/Beautification Maintenance). Mr. Frankel moved to approve the Consent Agenda, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. CONDITIONAL USE REQUESTS/UPTOWN DELRAY: Consider conditional use requests to Land Development Regulations (LDR) Section 4.3.4(J), "Increases to Height Regulations ", to allow an increase in the building height in excess of 48 feet (60 feet proposed) and Section 4.4.13(I), "Increase in Density ", to increase the density in excess of 30 residential units per acre (69.52 units per acre proposed) for a proposed mixed -use development that includes the demolition of the existing commercial building and removal of the existing parking lot and construction of 146 residential apartment units and 7,854 square feet of retail /office space in a 6 -story building and 6- level structured parking garage for Uptown Delray, located on the north side of S.E. 2nd Street between S.E. 4th Avenue and S.E. 5th Avenue. (Quasi- Judicial Hearing) Mayor Glickstein read the City of Delray Beach Quasi - Judicial rules into the record for this item and all subsequent Quasi - Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. 7 06/04/13 Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Frankel stated he met with the applicant at their attorney's office and also spoke with Jim Knight about the project. Mrs. Gray stated she spoke to Attorney Michael Weiner and the applicant. Mr. Jacquet stated he spoke to the applicant and Jim Knight. Mrs. Petrolia stated she spoke to the applicant (Mr. Biggs and Mr. Mathias), and Attorney Michael Weiner. Mayor Glickstein stated he received emails from Attorney Michael Weiner, Architect Brewer, Representatives of the applicant, other parties: Bokius, Singlust, Smith, Walton, Ramsey, Biggs, Ager, Groth, Mauncy, and Disipio. Mayor Glickstein stated he has had no dialogue with any party. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -030 into the record. Mr. Dorling stated this is consideration of two conditional uses; one, to increase the building height to a maximum of sixty (60) feet and another to allow a density increase of over 30 units to the acre up to 69.52 units per acre. He stated the property is located adjacent to the Bellsouth Telecommunication building. Mr. Dorling stated this property currently contains an office building and a parking lot which was constructed in association with the telecommunication building located immediately to the west in 1973. The off -site parking lot is 66 parking spaces tied to that building and as part of this proposal they are providing a parking garage which accommodates the parking with the retail development but also those 66 that are allocated to parking spaces that are allocated to the adjacent development. The required findings for both the height and the density are explained and attached in the Planning and Zoning Board staff reports. Mr. Dorling stated there are nine (9) standards and two (2) of those have not been met; five (5) that they do meet and one (1) that does not apply and one (1) that is partially met. He stated for the two (2) standards they do not meet both of those are related to mitigating mass and scale of buildings; one of those relates to increased setbacks and massing of buildings as you go up. Mr. Dorling stated this is a six (6) story building and stories 3, 4, 5, and 6 do not comply with the increased setbacks or exceed floor area maximums that are identified in the code. Mr. Dorling stated the other one that they do not meet relates to increased landscaping to mitigate the mass of the structure and that in part is a function of a modification they have made where they have reduced the setbacks along 2nd Street from 15 feet to 5 feet. He stated in doing so they removed larger scale landscaping which helps to mitigate the mass of the building. Mr. Dorling stated meeting five (5) of the nine (9) standards staff does not believe the applicant meets the necessary standards to comply and support the necessary density. He stated even if they were to meet all of those standards the Commission is still within its means to deny the project because it is not compatible in terms of building, mass, and intensity of use with surrounding developments. At its meeting of May 20, 2013, the Planning and Zoning Board where a recommendation of approval was made for the increase in density failed on a 3 to 4 vote (Durden, Lynch, Pierre - Louis, Shutt dissenting). The Board then made to 8 06/04/13 recommendation to deny the building height which was approved with a 6 to 1 vote (Franciosa dissenting). Mrs. Petrolia asked if the applicant meets the standard regarding the garage and obscuring the parking spots. In response, Mr. Dorling stated the applicant does not meet the LDR requirement. Mrs. Gray asked which one of the letters the applicant has not complied with. Mr. Dorling stated staff believes the applicant does not meet (a) and (i); the five (5) standards they meet are (c), (d), (e), (f), and (g); (h) does not apply and (b) is the one the applicant partially met. Mrs. Gray asked where in proximity to this project is the SOFA project. Mr. Dorling explained to Mrs. Gray from the aerial photo where the SOFA project is in relation to this project. Mayor Glickstein stated in terms of the calculations of the 60 foot height staff is not making any distinction in there because there is a 6th story. Mr. Dorling confirmed that staff is not making any distinction because there is a 6th story. Robert Mathias, New Century, 100 East Linton Boulevard, Delray Beach, FL, stated the site is located two blocks south of Atlantic Avenue and SOFA's building is adjacent to them. George Brewer, Brewer Architects, Inc., 85 S.E. 4th Avenue, Delray Beach, FL 33483, stated they corrected the deficiencies of their project and they now meet the requirements; however, staff has not had a chance to review and confirm. Mr. Brewer gave a brief overview of the project and noted on 2nd Street the setback for the upper floor beyond the 4th floor is 150 feet. He stated he hopes this will become attractive to commercial tenants that will provide services for the neighborhood and the residents that will live here. At this point, Mr. Mathias gave a few brief comments about the Comprehensive Plan and the density per acre. Mayor Glickstein asked if staff stands by their calculations and staff report. Mr. Dorling stated he supports the staff report and noted that the applicant's own presentation tells the Commission that they do not meet it yet but they can and they are asking the Commission to consider that. However, Mr. Dorling stated right now the plans do not meet it at this time. Mr. Mathias stated tonight they are asking for density and height and SPRAB working with staff and then going to certification gives them the ability to build something. Brief discussion followed between Mr. Mathias and the Commission. 9 06/04/13 Michael Weiner, Weiner, Lynne & Thompson, P.A., 10 S.E. 1St Avenue, Delray Beach, FL 33444, stated there is precedent for tabling even after the public is speaking. The applicant requested that the Commission table this item to a date certain of August 6, 2013. Mr. Frankel moved to table this item to a date certain of August 6, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:10 p.m. the Commission moved to Item 10, Public Hearings. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 10 -13: Consider an amendment to Chapter 33, "Police and Fire - Rescue Departments ", Section 33.62, "Benefit Amounts and Eligibility ", and Section 33.64, "Contributions ". The caption of Ordinance No. 10 -13 is as follows: 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. (The official copy of Ordinance No. 10 -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 read the caption of the ordinance and stated at the last meeting this was postponed to this evening because staff did not have the actuarial calculations of no impact from the Police and Fire Pension Boards actuary which is required. The City Attorney stated the City now has that which states there is no impact and this is the ordinance that changes the City's code based on the ratification of the agreements that the City has with the Police and Fire Pension where new hires are paying the extra 3% and they are not entitled the actual benefit enhancement. 10 06/04/13 Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 10 -13, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 10 -13 on Second and FINAL Reading, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 9.B. CONDITIONAL USE REQUEST /CRISTO PARA TODAS LAS NACIONES: Consider approval of a conditional use request to allow the establishment of a church for Cristo Para Todas Las Naciones (Christ for all Nations) within the Congress Square shopping center, located at 2280 West Atlantic Avenue, Suite# 2206. (Quasi- Judicial Hearing) Chevelle D. Nubin, 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. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -118 into the record. Mr. Dorling stated this is a conditional use request to allow the conversion of 3,499 square feet into a church use. This will occupy tenant space located within Congress Square Shopping Plaza at the southwest plaza of West Atlantic Avenue and Congress Avenue. Mr. Dorling stated this facility would like to occupy the space in the southwest corner of the site. He stated their intent is to utilize the parking towards the rear of the shopping center which is underutilized. He stated the church will have 124 members and will operate on Thursday evenings between 7:30 p.m. and 9:30 p.m. on Saturdays between 7:00 a.m. and 8:00 a.m. and on Sundays between 9:00 a.m. and 1:00 p.m. Mr. Dorling stated required findings are made in the staff report to LDR Section 3.1.1 as it relates to potential concerns with this type of use in a commercial shopping center as it relates to activity levels in the overall center. Mr. Dorling stated initially there was a concern that church use would not be open during regular retail hours and would be closed most of the normal shopping hours in a retail center. However, Mr. Dorling stated this location is tucked back in the southwest corner of the site and mitigates some of those concerns. He stated the Code has attempted to address these concerns by limiting the maximum size of such uses to 3,500 square feet maximum and requires a minimum separation of 750 feet between similar uses. Mr. Dorling stated this is a portion of the first floor that was previously occupied by a vocational school so in this case staff believes those concerns are mitigated. He stated required findings under LDR Section 2.4.5(E)(5) are also made in the staff report and staff does not believe this use will hinder redevelopment of any of the nearby properties. Mr. Dorling stated a CPTED review was done with this and it was a suggestion by the Police Department that 11 06/04/13 additional camera, lighting, and fencing improvements be included and is identified as conditions of approval #1 -5 in the City Commission documentation. At its meeting of May 20, 2013, the Planning and Zoning Board considered this item and a public hearing was held in conjunction with the conditional use request. The Board had discussions regarding the appropriateness of the conditional use request and after their deliberations; the Board moved a recommendation of approval for the conditional use request on a unanimous vote of 7 to 0 by adopting the findings of fact and law contained in the staff report. Jairo Gonzalez, Artech Designers and Engineers, LLC, 362 Muneco H, Delray Beach, FL 33446 (Engineer of the project), stated their project is located in the Congress Avenue plaza between Atlantic Avenue and Congress Avenue. Mr. Gonzalez stated they are not going to touch any exterior of the building and they will not impact the aesthetic or the general regulations of the plaza. He stated they are going to devote 150 square feet for a bookstore for religious items. Mrs. Gray asked if the music coming from the church will affect the neighboring stores, etc. Mr. Dorling stated his understanding is that those concerts would be internal to the building and would not affect anything external. Raul Torres, 14401 South Military Trail, #F -101, Delray Beach, FL (church member), stated with regard to the music the church will have meetings on Sunday mornings and Mondays. Mrs. Gray stated she is concerned with the retail and a restaurant nearby and asked staff if they feel this is okay. Mr. Dorling stated since it is internal to the project he does not see it as a compatibility concern. Mr. Jacquet stated on page 7 of the Planning and Zoning Staff Report under the parking section where it lists "the church will operate Thursday evenings between 7:30 p.m. (Worship and Prayer); Saturdays between 7:00 a.m. and 8:00 a.m. (Worship and Prayer); and Sundays from 9:00 a.m. - 11:00 a.m. (Sunday school) and 9:00 a.m. — 11:00 a.m. and 11:00 p.m. — 1:00 p.m. (Worship and Prayer)." Mr. Jacquet stated if the Worship and Prayer is at night then there would be a problem. Mr. Dorling clarified this should read Thursday evenings, Saturdays in the morning, Sundays from 9:00 a.m. — 1:00 p.m. Mr. Jacquet asked staff to explain the purpose of the picket fence perimeter. Mr. Dorling stated the Police Department suggested that a fence be provided in this location and creates a barrier and forces someone to go around. Mr. Jacquet stated with regard to CPTED (Crime Prevention Through Environmental Design comments and staff stated that the applicant has taken some steps as far as security and fire plan and asked if this is something the City needs to consider as well. 12 06/04/13 Mr. Dorling stated the things that the applicant has submitted the City would review and run through the Police Department; the only things that have not been done are attached as conditions of approval which include some of the CPTED items. The applicant stated he can meet all five (5) conditions. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. 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. Jacquet moved to adopt the Board Order approving the conditional use request subject to the conditions #1 -5 listed in the City Commission documentation, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 9.C. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA AS REQUESTED BY STAFF. 9.D. SPECIAL EVENT REQUEST /GIVE AWAY SCHOOL SUPPLIES: Consider approval of a special event sponsored by Double Action /Caribbean Grocery for "Give Away School Supplies," proposed to be held on July 26, 2013 from noon to 10:00 p.m.; grant a temporary use permit per LDR's Section 2.4.6(F) for the closure of S.E. 3rd Avenue between S.E. 2nd Street and S.E. 3rd Street, and authorize staff support for traffic control and security, stage use and setup, City generator use, barricading, trash boxes and light tower rental; contingent upon receipt of a deposit in the amount of $300.00, a Hold Harmless Agreement and Certificate of Event Liability Insurance no later than July 11, 2013. The event sponsor will pay 100% of costs for an estimated amount of $2,470.00. Robert A. Barcinski, Assistant City Manager, stated this item is a request for the Commission to consider approval of this special event request sponsored by Double Action /Caribbean Grocery and noted a correction that it is S.E. 2nd Avenue closure not 3rd and would require staff support with police, traffic control, stage use, set- up, light tower rental, etc. Mr. Barcinski stated all the required documentation was provided. Mr. Barcinski stated the estimated total cost for this event is $2,470.00 which includes the overtime, administrative fee and all the other supplies and equipment. He stated the event producers are required to pay 100% of these costs. Staff recommends approval with two conditions: (1) provide Hold Harmless Agreement and Certificate of Liability Insurance by July 11, 2013, and (2) payment of a deposit in the amount of $300 by July 11, 2013. 13 06/04/13 Mrs. Petrolia asked if there is a waiver required under the amplified music section. Mr. Barcinski stated the waiver is approved by the City Manager by ordinance and that letter will be forthcoming and will have to be executed. Mrs. Gray commented about the conditions and inquired about the $300 deposit. Mr. Barcinski stated when the Commission change the policies and procedures where they were paying 100% the Commission indicated that they wanted to start seeing a deposit of new events because the one new event (Italian Festival) never paid the City and at that time the City did not require a deposit. Mr. Jacquet asked if this any effect on downtown. In response, Mr. Barcinski stated this is between S.E. 2nd Street and S.E. 3rd Street and this is something the businesses would like to do for the community to help get these backpacks to the kids. Albert Jerome, business owner on S.E. 2"d Avenue, stated they are going to have the "Give Away School Supplies" in front of his business and distributed invitations to the Commission. Mr. Frankel asked why the event coordinator is requesting that the event be held until 10:00 p.m. Dorcas Lucien, business owner on S.E. 2 "d Avenue, stated last December they gave away toys, bicycles, etc. and the event lasted until 9:00 p.m. but even after this time people where still there trying to get bicycles for their children and overall were having fun. Mr. Jacquet stated he attended the event December 19m which was a huge event and the number of toys that were given out to the community was remarkable. He is very proud that there are people in the community that are doing this kind of work for the children who are less fortunate. Mr. Jacquet stated he understands that the time may be of concern to some people; however, when he was leaving the event around 8:00/9:00 p.m. there were still people there trying to get bicycles for their children. Mr. Jacquet asked if there were any incidents last time that would warrant the City to not have this event. Mr. Barcinski stated the City has more security this time because it was very crowded and two officers were not enough. Mr. Jacquet supports this event wholeheartedly and urged the Commission to support this event for the children in the community. Mrs. Petrolia confirmed that the event sponsors are not giving away bicycles this time so maybe the crowd control will not be as extensive. Jim Knight, 10 S.E. 1St Avenue. Delray Beach, FL 33444, stated he was involved in the Christmas give -a -way and it was a very well attended event. Mr. Knight stated there was no alcohol involved with Christmas event and there is not going to be any alcohol involved here. 14 06/04/13 Mr. Frankel pointed out that on the application the event sponsors are requesting light. The event sponsors stated this has been taken care of Mrs. Gray stated this is a great idea. Mayor Glickstein commended the event sponsors for what they do. Mr. Jacquet moved to approve the Special Event Request subject to the conditions, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 9.E. RESOLUTION NO. 30- 13/MID YEAR BUDGET AMENDMENT: Consider approval of Resolution No. 30 -13 amending Resolution No. 49 -12 adopted September 20, 2012, which made appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the FY 2012/2013, by setting forth the anticipated revenues and expenditures for the operating funds of the City for FY 2012/2013. The caption of Resolution No. 30 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 49 -12 ADOPTED SEPTEMBER 20, 2012 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2012/2013, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2012 /2013; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 30 -13 is on file in the City Clerk's office.) David Boyd, Finance Director, stated this budget amendment is for grant and construction related projects only; there are no operating activities in this budget amendment. Mr. Boyd explained that the items in this amendment fall into five (5) categories: (1) Commission approved activities (i.e. the FED Cup $201,000, Hurricane Sandy dune repair on the north beach $164,000, and the Delray Beach Preservation Trust Neighborhood Sign Program $7,500); (2) new grants received subsequent to the budget process $34,000 for a police bulletproof vest purchase, $70,000 for an emergency medical services equipment purchase for the Fire Department and $10,000 FDOT grant for Atlantic Avenue median project, (3) Continuation of existing grant funded projects (i.e. CDBG, Neighborhood Housing Programs totaling $670,000; and $83,000 for an 15 06/04/13 FDOT grant for the Tri -rail trolley system), (4) close -out of existing grant projects (i.e. Water /Sewer Renewal Replacement Projects — two grant funded projects that were closed out below budget $43,000 and in the Construction Fund three projects came in $587,000 under budget, (5) Construction Projects and two Enterprise Funds — includes $380,000 in unanticipated stormwater projects paid for out of stormwater reserves; two other projects in the Water /Sewer Fund to replenish two water main projects $505,000. Mr. Boyd stated this amount is to replenish two projects back to their original funded amount because sometime in the past money was taken out of these budgets to fund two projects that were more urgent than these at the time and $350,000 to cover estimated city -wide new meter installation costs paid for from Water /Sewer project reserves. Mr. Frankel moved to approve Resolution No. 30 -13, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 9.F. REQUEST FOR HOURLY FEE INCREASE /ALLEN NORTON & BLUE LAW FIRM: Consider a request from Allen Norton & Blue Law Firm to increase the hourly fee for the City's labor counsel from $210.00 per hour to $235.00 per hour. Mr. Jacquet inquired about the hourly fee. The City Attorney stated at the time the City used to have Carson & Atkins for outside counsel and pursuant to Commission direction staff was directed to look to see if they could get some other labor counsel. He stated staff went out and got some other firms and the Commission approved their rate at $210.00 an hour at that time and now they are requesting to increase their rate to $235.00 an hour. Staff recommends approval of the $235.00 hourly fee. Mrs. Petrolia asked why they charge the City less than other firms. The City Attorney stated it is not less now; the $235.00 is bringing them up to the bottom tier of what they charge other clients. Mrs. Petrolia moved to approve the fee increase, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — No; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 1 vote, Mr. Jacquet dissenting. At this point, the time being 7:45 p.m., the Commission moved to Item 11, First Readings. 11. FIRST READINGS: 16 06/04/13 11.A. ORDINANCE NO. 11 -13: Consider an amendment to Chapter 35, "Employee Policies and Benefits ", Section, 35.105, "Administration by Retirement Committee ", Subsection (C) "Action by Committee ", to remove the requirement that the City Commission must approve changes to the General Employees' Pension Board investment policy. If passed, a public hearing will be held on June 18, 2013. The caption of Ordinance No. 11 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS ", SECTION, "35.105, "ADMINISTRATION BY RETIREMENT COMMITTEE ", SUBSECTION (C) "ACTION BY COMMITTEE ", TO REMOVE THE REQUIREMENT THAT THE CITY COMMISSION MUST APPROVE CHANGES TO THE INVESTMENT POLICY AS ADOPTED BY THE COMMITTEE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 11 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated this change was at the last meeting of the General Employees' Pension Board. The Board asked that this change be brought in front of the Commission. The City Attorney stated there is no state law that requires the Commission to review changes in the investment policy as directed by the General Employees' Pension Board. Mr. Frankel moved to approve Ordinance No. 11 -13 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 12.A. City Manager The City Manager suggested that the Commission consider adjusting its July 2013 meetings since the July 4th holiday falls on a Thursday and feels that many people will be away for that week. He recommends that the meetings be moved by a week so that the meetings will be July 9th, 16th, and 23rd. The City Attorney stated this will come back as an item on the Consent Agenda. Mayor Glickstein stated on that Consent Agenda rather than having another agenda item dealing with just this, if it is the consensus to make that change, then 17 06/04/13 if there applications that are pending with expiration dates that would be impacted by that, they are automatically continued to the next Commission meeting. Mr. Frankel stated he will be out -of -town on July 23, 2013 which would be the second regular meeting of the month; however, he will return at 6:30 p.m. on July 24, 2013. After brief discussion, it was the consensus of the Commission to change the City Commission meetings to July 9th (regular), July 16th (workshop), and July 25th (regular). 12.B. City Attorney The City Attorney had no comments or inquiries on non - agenda items. 12.C. City Commission 12.C.1. Mr. Frankel Mr. Frankel had no comments or inquiries on non - agenda items. 12.C.2. Mrs. Gray Mrs. Gray asked for an update on the Atlantic Avenue hotel and the prescription drug program. Secondly, Mrs. Gray stated she is looking forward to the Town Hall Meeting on Thursday. 12.C.3. Mrs. Petrolia Mrs. Petrolia reminded everyone that the Town Hall Meeting is Thursday at 7:00 p.m. and stated there was a misprint in the Sun - Sentinel stating it was 7:30 p.m. Secondly, Mrs. Petrolia asked who to contact with regard to bonfires. Mrs. Petrolia asked for a list of the contracts that are up for renewal. She congratulated Delray Beach for installing the four -way stop sign on Federal Highway and stated this was a wonderful recommendation by S.A.F.E. and Jim Smith. Mrs. Petrolia requested an update on the Marina district parking and stated she saw an excerpt on the news and it appeared that they were going to eliminate parking. Mrs. Petrolia stated there was a suggestion by Kevin Warner with regard to solidifying the website calendar. She stated people in general are finding it very 18 06/04/13 difficult to navigate through the system and it appears that everyone has their own calendar. Mrs. Petrolia stated when she was reading through the list that she was sent of his correspondence with the city to try to consolidate it became a nightmare. She stated there should be one site for the calendar if it is possible in order to make it easy for citizens and people visiting from out -of -town to be able to look in one place and find out what is going on from road closures to festivals. Lastly, Mrs. Petrolia stated she would like to know if the City is receiving the franchise fee from Waste Management. She asked the City Attorney to put in writing explaining that the City is receiving this franchise fee. 12.C.4. Mr. Jacquet Mr. Jacquet reiterated that the Town Hall Meeting is Thursday, June 6, 2013 at 7:00 p.m. in the Crest Theatre at Old School Square and he looks forward to seeing the residents. Secondly, Mr. Jacquet stated he had previously asked for information regarding the Purchasing Department as far as what other municipalities are doing, how many staffing personnel they have compared to Delray Beach, and a comparison of the workload. He inquired about the Goal Setting meeting on June 7, 2013. Mayor Glickstein confirmed that this meeting has been cancelled. Mr. Jacquet stated he had the opportunity to give the keynote speech at Tomorrow's Promise Community School last night. He stated this is a new charter school in town that is doing miracles with some of the students. Mr. Jacquet stated he was honored to give the keynote speech with Principal Marjorie Waldo. Lastly, Mr. Jacquet stated tomorrow morning he will be the keynote speaker at Orchard View Elementary School, on Thursday morning he will give the keynote speech at Village Academy to their 5th graders, and Thursday afternoon at 1:00 p.m. he will be the keynote speaker for Toussaint L'Ouverture School which is another one of the City's charter schools. He stated he was happy to hear from the State Representatives today and the big moves that we are doing on a state level as far as funding for education. 12.C.5. Mayor Glickstein Mayor Glickstein stated he was unaware of the typo regarding the meeting time for the Town Hall Meeting. Ms. Herrera noted that this has been corrected. Secondly, Mayor Glickstein stated the City Manager and he attended a meeting with Mayor Abrams in May and he made mention during that meeting that there was money available for striping, pavement marking, and road repairs. Mayor Glickstein 19 06/04/13 stated he neglected to bring this up to Engineering and get them to see if there is something there that the City can get some money for. Mayor Glickstein commented about the renewal date of July 1st for the sidewalk cafe permits. He stated there has been criticism about this and asked if this should be something that should be discussed at a Workshop meeting before these come up for renewal. The City Attorney stated he can check with Lula Butler but he assumes it is something online where it is less staff intensive; however, if the Commission wishes to discuss they may want to discuss and give staff direction. Mayor Glickstein asked the City Manager if this is something they can look at next week. Mayor Glickstein stated he would like to see the invocations not be part of a City Commission meeting. He stated it comes uncomfortably close to protected separations. In his opinion, Mayor Glickstein stated the last two Commission meetings it was very religious specific when the invocation was given and does not believe the invocations are appropriate. Mrs. Gray stated she believes prayer is very important and she does not have to say "Amen." She does not agree with the way everyone prayers but she respects it and feels it should be continued. Mayor Glickstein stated it is not a personal issue but noted that this is a public place. Mr. Frankel stated he respects Commissioner Gray's opinion; however, he concurs with the Mayor's position supporting the separation of church and state. Mrs. Gray stated she would like to hear more from the public before the Commission makes a decision to take prayer out of the Commission meetings. Mayor Glickstein stated it is not about whom you pray to or what your religious beliefs are but it is that this is a public meeting place and feels the City should be doing everything to make it as neutral as possible. Mrs. Petrolia stated she could feel comfortable with no prayer because it is a division of church and state but if it is something that the majority of people want then she is okay with it. She commented that there have been two prayers in a row where it has been specific to a certain religion. Mrs. Gray concurs that it should not be religion specific but feels this has not been a problem that often and is unfortunate that this has happened twice in a row. The City Clerk stated the City Clerk's office sends out letters to remind them to keep the prayer generic and non - denominational and confirmed after they are sent a letter it is reiterated again verbally. The City Clerk stated there is a generic prayer 20 06/04/13 inside each Commissioner's binder that can be used and noted that someone from the dais could read the prayer. Mayor Glickstein suggested that there is some verbal communication with the reverends that they understand that this is a non - denominational prayer. Mr. Jacquet stated the City Clerk does remind the reverends and noted that people go back to what they are used to doing. He stated he believes in the constitution and the freedom of religion and freedom from religion and that everyone has their rights to worship however they want. Mr. Jacquet stated he believes there is a time and place for the prayer especially when dealing with a public venue. Mayor Glickstein suggested that when the confirmation is sent to the reverends that the City Clerk's office include a copy of the City's prayer as an example of non - denominational. Lastly, Mayor Glickstein stated he does not believe we recognize how quickly passenger rail is coming to the FEC line and noted that there will be two phases initially the first being a high speed rail from Miami to Orlando which will not stop in Delray Beach and Palm Tran will be moving an additional line over which will have a stop in Delray Beach. At this point, Mrs. Petrolia confirmed that the City hired the attorney for Waste Management. Mrs. Gray suggested that the next time Mayor Glickstein speaks to Mayor Steve Abrams that he ask if they have dollars for sidewalks as well. Mayor Glickstein stated he can ask Mr. Abrams. There being no further business, Mayor Glickstein declared the meeting adjourned at 8:12 p.m. ATTEST: MAYOR City Clerk 21 06/04/13 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 June 4, 2013, which Minutes were formally approved and adopted by the City Commission on June 18, 2013. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 22 06/04/13 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR THE CHRIST FOR ALL NATIONS CHURCH (CRISTO PARA TODAS LAS NACIONES), 2280 WEST ATLANTIC AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on June 4, 2013. This conditional use request is to allow the conversion of 3,499 sq. ft. of an existing 3,649 sq. ft. commercial structure into a church use with 150 sq. ft. to remain as a commercial religious retail- shop. The commercial structure is located in the Congress Square Shopping Plaza at the southwest corner of West Atlantic Avenue and Congress Avenue. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for the Christ for All Nations Church (Cristo para Todas las Naciones). All of the evidence is a part of the record in this case. Findings that are required pursuant to L.D.R. Section 3.1.1 are made in Sections I and II below. I!,IIaN4:14►611krlA,WtlZl a. Comorehensive Plan - Future Land Use Element Obiective A -1: This objective requires that the property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. Is this objective met? Yes ✓ No b. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be 1 City Commission Meeting on June 4, 2013; Item 9.13. consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map (FLUM) designation of GC (General Commercial) and a zoning designation of PC (Planned Commercial). Future Land Use - Is the project's proposed location consistent with the Future Land Use Map? Yes ✓ No C. Concurrence: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and /or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes ✓ No d. Consistency : Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes No II. LDI- REQUREM -E-NT S not: a. Section 2.4.5(E)(5) requires certain findings: The conditional use will 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located, 2. Hinder development or redevelopment of nearby properties. E City Commission Meeting on June 4, 2013; Item 9.B. Has this requirement been met? ✓ Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use application was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports and testimony of witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the conditional use application subject to the conditions attached hereto in Exhibit "A" and hereby adopts this Order this 4th day of June, 2013, by a vote of 5 in favor and 0 opposed. ATTEST: Chevelle Nubin City Clerk 3 Mayor City Commission Meeting on June 4, 2013; Item 9.13. EXHIBIT "A" Conditions Related to the Conditional Use Request for the Christ for All Nations Church (Cristo Para Todas las Naciones). Pursuant to LDR Section 4.4.9(D)(17), churches located within the PC (Planned Commercial) zoning districts do not permit child care or day care as an accessory use. If these uses are anticipated, they must be approved separately as an additional conditional use; 2. An additional approval is required for any new signage; 3. At a minimum, all existing parking lot perimeter `shoebox' style fixtures mounted on 25 -foot (25) poles located to the west of the most western access to the shopping center from West Atlantic Avenue must be replaced with metal halide or L.E.D. fixtures in order to eliminate glare and provide the truest visual value of color (to aid the camera monitoring systems); 4. A six -foot (6') high heavy -gauge aluminum picket fence shall be installed on the southern and western perimeter of the subject property. The fence must extend along the canal (located along the West perimeter) for 250 feet to the north and along the southern perimeter for 250 feet from the canal to the east. This condition shall be coordinated by the City's Police Department; and 5. The four existing exterior cameras (located in all four corners of the building), currently in place, must be upgraded to provide infrared images. In addition, proof of a system maintenance contract that ensures that the system will continue to work efficiently shall be provided to the City. City Commission Meeting on June 4, 2013; Item 9.B. MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast, Training and Development Manager THROUGH: Louie Chapman, Jr., City Manager DATE: June 14, 2013 SUBJECT: AGENDA ITEM 5.A. - REGULAR COMMISSION MEETING OF JUNE 18, 2013 PROCLAMATION HONORING BRUCE KOESER ITEM BEFORE COMMISSION Proclamation posthumously honoring Bruce Koeser, Human Resources Director. BACKGROUND Bruce Koeser, Human Resources Director, died on May 22, 2013. The City staff desires to honor his family through this proclamation. WHEREAS, Bruce Koeser was hired as the Human Resources Director by the City of Delray Beach on October 9, 2006 and on May 22, 2013, was called from this life unexpectedly; and WHEREAS, even before Bruce joined the City staff, he was a long -time resident of Delray Beach who spent countless hours coaching Little League baseball and soccer teams at Miller Park and contributed to his community in many ways; and WHEREAS, Bruce's integrity was above reproach; he led his staff by example, establishing the highest standards for ethical decisions and actions; and WHEREAS, Bruce took many innovative actions, one of which was to establish a Health and Wellness Center to support the health of our employees and control rising health care costs. The Center has served as a model for other Florida cities and allowed us to make significant improvements in diagnosing and treating illnesses; and WHEREAS, the City of Delray Beach benefited from Bruce's vision and his willingness to make the difficult choices. The impact he had on people's lives will be felt for generations; and WHEREAS, Bruce was respected by the City Commission, his peers and City employees. He was known for being a ready listener, providing encouragement and guidance to many. He approached his position with humility and sought to be a servant- leader to all; and WHEREAS, Bruce was a gifted and committed public servant whose attitude and performance have inspired us all to continue to pursue the goals he set. The City of Delray Beach is honored to have had him as their Human Resources Director. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida on behalf of the City Commission, do hereby extend our heartfelt thanks and appreciation posthumously to: BR UCE JOHN KOESER and call upon all present to acknowledge and applaud his outstanding and exemplary dedication to the City of Delray Beach, its employees and its residents. We extend our support and thanks to his family and resolve to continue the excellent work that Bruce Koeser has begun. 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 18th day of June 2013. CARY D. GLICKSTEIN MAYOR MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: June 11, 2013 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF JUNE 18, 2013 ACCEPTANCE OF A RIGHT -OF -WAY AND SIDEWALK EASEMENT DEED /COMMUNITY REDEVELOPMENT AGENCY (CRA) ITEM BEFORE COMMISSION Acceptance of a right -of -way deed for four feet along the north side of the east -west alley in Block 60, Town of Linton; and acceptance of a sidewalk easement along said alley. BACKGROUND In 2012, the City completed the construction of a paver sidewalk, funded by the CRA, along the east - west alley between NW Ist Avenue and North Swinton Avenue, adjacent to the CRA office. This sidewalk provides a pedestrian path from the parking lot behind the CRA offices out to Swinton Avenue and Old School Square. The project also included a drainage retention area at the southwest corner of the CRA's property to accommodate drainage from the adjacent alley. At its regular meeting of December 4, 2012, the City Commission accepted an easement for this sidewalk and adjacent drainage area. The easement provided public access and gave the City the right to maintain the sidewalk. Prior to recording the easement, it was discovered that the south 4' of the easement area (South 4' of Lot 12, Block 60, Town of Delray) was required to be dedicated as alley right -of -way in 1995 with the site plan approval for the conversion of the historic houses from residential to office use. It is noted when the CRA transferred the subject property to the City in 1995 after construction was completed, the south 4' of the property was excluded from the legal description in the Warranty Deed, in anticipation of the dedication. The right -of -way was never formally dedicated, which is being corrected at this time. Attached is the right -of -way deed providing the 4' alley right -of -way dedication, and the revised sidewalk and drainage easement deed. The City Attorney reviewed the easement deed and right -of -way deed for legal sufficiency and form, and determined it to be acceptable prior to CRA Board approval and execution on May 23, 2013. RECOMMENDATION Staff recommends approval. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 PIN # RIGHT -OF -WAY DEED THIS INDENTURE made thisDZday o y2013, between DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, with a hnailing address of 20 N. Swinton Avenue, Delray Beach FL 33444, as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said parry of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the parry of the first part has in and to the following- described land, situate, lying and being in the County of Palm Beach, State of Florida, to -wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right -of -way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right -of -way shall be subject only to those easements, restrictions, and reservation of record. The parry of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right -of -way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above - described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above - described right -of -way and that the same is unencumbered. Where the context of this Right -of -Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns.. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered in the presence of. , printed or •-• 7 (Name printed or typed) STATE OF 'dr 1q l� COUNTY OFe_c'.�C� PARTY OF THE FIRST PART By: (Name printed or typed) (Address) The foregoing instrument was acknowledged before me this a -E-Z!, day of 2013, by JA �'7�-Z-yd ,,:, who is personally knownlo _- me or haJ produced as identificatio . i<ristyn Cox R COMMISSIONIEE859793 Signat e of Not Public - �WEXPIRES;MAR.23,2017 State of lorida ''•�.°,;,;; •`` WWW.AARONNOTARywm 0) EXHIBIT "A" Land Description: The South 4.00 Feet of Lot 12, Block 60, Town of Linton (now Delray Beach), according to the plat thereof as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County Florida. Said lands situate, lying and being in the City of Delray Beach, Palm Beach County, Florida. 3 Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this ?�� day of !A , 2013, by and between the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, with a mailing address of 20 N. Swinton Avenue, Delray Beach FL 33444, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of a public sidewalk with full and free right, liberty, and authority to enter upon and to install and maintain such sidewalk and stormwater drainage retention area across, through and upon or within the following described property located in Palm Beach County, Florida, to -wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, conditions and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or affect any other kind of construction or improvements upon the above - described property, other than the aforementioned sidewalk and stormwater drainage retention area. 1 It is understood that upon completion of sidewalk construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner and that once the sidewalk has been constructed to the required standards the party of the second part shall repair and maintain the sidewalk in conformance with its practices of maintaining public sidewalks throughout the City. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above - described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: (name printed or typed) WI ES 2: (name print 4d or typed) STATE OF c�C;'_ " y COUNTY OF r�1�ry�T�a2nc� 11 PARTY OF THE FIRST PART By: 0 G vJ c,-Y— 8 �1 The foregoing instrument was acknowledged before me this D3 day of 2013 by nu"� n.�CA ip_� ') S (nam� of officer or agent), of �( 0.i { C� (name of corporation), a `� U Yi I rti . (State or place of incorporation) Lorporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did /did not take an oath. o�yir a� 'rCristyn Cox Signat re of ttary Public d ` CAIAMISSIONEE859793 State of G- FF EXPIRES: MAR. 23,2017 (SEAL) •n,nn•• WWW.AARONNOTARY.com 2 SKETCH OF DESCRIPTION EXHIBIT 'A " b SHEET 1 OF 1 N I I I W J U Z �N J ^ O O � OO J )— O O Oi O Q S.90-00,0 o "E. o p icy 15.00' vi O LOT 12, BLOCK 60 Q) S. 90 000'00'E S 82 °2j'16'E J o �° 33.93' E z EASEMENT AREA x_45.07' S 86 co lie • 116.41 // �N J cn O Q W J I• 13160' N-90-00'00.W- SOUTH LINE LOT 12 —� SOUTHWEST Tu , CORNER LOT 12 PLATTED ALLEY RIGHT OF WAY SOUTHEAST CORNER- LOT 12 AND P.O.C. DESCRIPTION.- THA T PORTION OF LOT 12, BLOCK 60, TOWN OF LINTON (NOW DELRA Y BEACH), ACCORDING TO THE PL T THEREOF AS RECORDED IN PL T BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS.• COMMENCING A T THE SOUTHEAST CORNER OF SAID LOT 12,- THENCE N.90 000'00 "W., ALONG THE SOUTH LINE OF SAID LOT 12, A DISTANCE OF 13160 FEET TO THE SOUTHWEST CORNER OF SAID LOT 12 THENCE N.0 052'15 "E., ALONG THE WEST LINE OF SAID LOT 12, A DISTANCE OF 4.00 FEET TO THE POINT OF BEG INNING; THENCE CONTINUE N.0 °52'15'; ALONG SAID WEST LINE, A DISTANCE OF 15.00 FEET THENCE S 90 °00'00'E, A DISTANCE OF 15.00 FEET,- THENCE S 0 °00'00 "W., A DISTANCE OF 9.00 FEET, • THENCE S.90 000'00 "E., A DISTANCE OF 33.93 FEET; THENCE S82023'16'E, A DISTANCE OF 22.48 FEET; THENCE S86 °09'17'E, A DISTANCE OF 45.07 FEET TO A POINT ON A LINE 4.00 FEET NORTH AND PARALLEL TO THE SOUTH LINE OF SAID LOT 12, THENCE N.90 000'00 "W., ALONG SAID PARALLEL LINE, A DISTANCE OF 116.41 FEET TO THE POINT OF BEGINNING. ORDER NO. 12- 55 "EA" NOTES• ' THIS IS NOT A SURVEY THE SOUTH LINE OF LOT 12 IS ASSUMED TO BEAR N.90 000'00 "W. P.D.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT PAUL D. ENGLE SURVEYOR & MAPPER NO 5708 DA TE AUGUST 21, 2012 0:1DrawingslGENERAL GADDIGxdl12 -55. gxd — 06/10/2093 — 11:05 AM — Scale 1: 240.000 j W KI O MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Victor Majtenyi, Interim Director of Environmental Services THROUGH: Louie Chapman Jr., City Manager DATE: June 7, 2013 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF JUNE 18, 2013 ACCEPTANCE OF A WATER EASEMENT DEED/ LA FITNESS ITEM BEFORE COMMISSION Acceptance of a water easement deed for the installation of a new water and fire service line. BACKGROUND LA Fitness is a commercial property located at the northwest intersection of S. Federal Highway and Linton Boulevard, at 1668 S. Federal Highway. See location map for details. A water and fire service line will be installed on the southwest end of building. Due to the location of the water meter and double detector check valve for the fire service line, a easement is required so City crews can access and perform maintenance operations associated with the new City maintained water and fire service line. See Exhibit "A" for water easement details. RECOMMENDATION Staff recommends approval and acceptance of water easement deed. Prepared by: RETURN: R. Brian Shutt, Esq. city Attorneys Office 200 fir. W. I st Avenue Delray Beaah, Florida 33444 EASEMENT DEED THIS INDENTURE, made this 12'' day of April, 2013, by and between LINTON DELRAY, LLC, vTith a mailing address of 31500 Northwestern Highway, Suite 300, Farmington Hills, Michigan 48334, party of the first part, and the CITY OF DELRAY ]BEACH, with a mailing address of 100 N.W. lst Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, an exclusive right of way and perpetual easement for the purpose of the construction and maintenance of a water main with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such water main well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to -wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further exclusive right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easem_.ent_shall.be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of structure or improvements upon the above- described property. It is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. 12351419.3 Parry of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above - described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. ilL,Va- W-1 %, (name printed or typed) WITNESS 42, (name printed or typed) STATE OF MICHIGAN; ft COUNTY OF ( PARTY OF THE FIRST PART LINTON DELRAY, LLC By: FREDMICK A.Z NTELL0 Name: EXECUTIVE VICE PRESIDENT The foregcin instrument was acknowledged before me this I?, day of April, 2013 by FREDER -0 _ . '� ELLO (name of officer or agent), of Linton Delray, LLC (name of corporation), a Delaware (State or place of incorporation) limited liability company, on behalf of the limited liability company. He/She is personally known to me or has produced (type of identification) as identification and did/did not take an oath. ;k Signature of No ty Public - State of Michigan (SEAL) 12351419.3 2 KELLY A. ZELENAK Notary Public, 5 "ate of Michigan County of Mayne my commission Expires Jup. 15.2013 i Acting in tiic of ? ` t i i 1li SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. [PLS� 5381 NOB HILL ROAD PLS SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572 -1777 ® FAX: (954) 572 -1778 E —MAIL: surveys*pulicefandsurveyors.com CERTIFICATE OF AUTHORIZATION LB #3870 r ji r ,a �! It— I T r� l � u r CV I III � �� � r 58T371WE 81.86 POINT OF BEOt**4G r 6 f ' ,- 1501,Z rV Y P UN) Y fASE71E11'T a i I� 1 . 160 .Z P ur 864 E9.SEYfNr d !f QR& f501Z PAG�$64 h 7'M CA -0AWr PL4Y ROW 54 PAX 1J.T I I (V I X41 I 3- 7 n�I II ry 17' WA 15P AGM al 86,f fSE AV£Nr gbh 1.d 15012 PA(L asI +� 3 cd POINT OF COMMENCEMENT r S.W. CORNER OF A REPLAT OF DELRAY MALL PLAT BDgC 58, PAGE 133 — PARCEL I r LINTON BOULEVARD p,R -E 9229', PAGE 1943 SE CORNESW CORNER 1° SECTION 20 -48 -4.3 SECTION 21 -46 -43 RAMCO— GERSHENSON PROPERTIES SCALE: V -100' ORDER NO.: 56038 DATE. 3/28/13 REV 4/12/13 12' WIDE WATER MAIN EASEMENT DELRAY BEACH, PALM BEACH COUNTY, FLORIDA FOR = LA FITNESS LEGAL DESCRIPTION: WATER MAIN EASEMENT A PORTION OF "A REPLAT OF DELRAY MALL ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOCK 58, -PAGE 133, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID PLAT; THENCE NORTH 08'23'05" EAST ON THE WESTERLY LINE OF SAID PLAT 452.26 FEET; THENCE SOUTH 81'37'19" EAST 22.28 FEET TO THE INTERSECTION W@TH AN EASTERLY LINE OF THE 12.00 FOOT WIDE WATER MAIN UTILITY EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 35012, PAGE 864 OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING OF THIS WATER MAIN EASEMENT; THENCE CONTINUE SOUTH 81'37'19" EAST 81.85 FEET; THENCE NORTH 08'22'41" EAST 17.63 FEET; THENCE SOUTH 81'36'55" EAST 5.99 FEET; THENCE NORTH 08 "22'49" EAST 15.00 FEET; THENCE NORTH 81'37'03" WEST 23.66 FEET; THENCE SOUTH 08'22'41" WEST 14.95 FEET; THENCE NORTH 81'37'19" WEST 64.89 FEET TO THE INTERSECTON WITH THE AFOREMENTIONED EASTERLY LINE; THENCE SOUTH 06'03`29" WEST ON SAID EASTERLY LINE 17.69 FEET TO THE POINT OF BEGINNING. SAID WATER MAIN EASEMENT LYING AND BEING IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLOMDA AND CONTAsNING 1,807 SQUARE FEET, MORE OR LESS. "A REPLAT OF DELRAY MALL" PLAT BOOK 58 J• y PAGE 133 L. ' f WATER MAIN` xr EASEMENT z _......LINTON �bilLEVARO NOTES: LOCATION NOT LMAP 1) BEARINGS ARE BASED ON THE WESTERLY LINE OF "A REPLAT OF DELRAY MALL ", BEING NOS'23'05 "E, 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A PELD SURVEY, 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURF AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, N F. PULICE, PROFESSIONAL SURVEYOR AND MAPPER LS2691 ❑ BETH BURNS, PROFESSIONAL SURVEYOR AND MAPPER LS6136 STATE OF FLORIDA w w-wzZ Ewa LL w Ca Q W LU F-- Z J Q O xO N W F- LiJ h W F- LL p d lI% 00 W Z Z m .a W cs m LO y X O N �R v W W A � J O I L m W U) Z Z a O to 13 ' m d W Z Q w W ESSUM-M 1 imp'" l" W I ^I F F M 55 Ld z LO UJ mum � `va�JQ x (n¢may' F -Oft ¢¢< ..� ® J vi O W O\ � W J T J V r W W W W W W W W W W F- 0 Lir LLf (n n (1) d Qzmw<ZxZLCLIJ wxw-jmW3xp N _¢ Focn� 0 Z W m O O S w-wzZ Ewa LL w Ca Q z LLJ m N � 00 W O Z Q ¢ L m 0 Z m Q W Z Q a O w a LL m 13 a N ¢ 2 fY 3 m Q d � d r 3 u L Q O � � -D Q O W M u i,,,r !Z 0- D 2 x -H loo M N 0 J 10 Z 0 _ p iH -H r o ca H: M M m -H 0� rW W n tO N U) M t/) N Z U) (D J , � Z O t+ a- cn fl Z Z Z O O V U 0 Z Z o0 L' 0 I 1 o ``' 0 `` O U C C EL 0 0 l 11 W ESSUM-M 1 imp'" l" W I ^I F F M 55 Ld z LO UJ mum � `va�JQ x (n¢may' F -Oft ¢¢< ..� ® J vi O W O\ � W J T J V r W W W W W W W W W W F- 0 Lir LLf (n n (1) d Qzmw<ZxZLCLIJ wxw-jmW3xp N _¢ Focn� 0 Z W m O O S a: ca i J i t OfUr"MMIM. MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Victor Majtenyi, Interim Director of Environmental Services THROUGH: Louis Chapman, Jr., City Manager DATE: May 24, 2013 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF JUNE 18, 2013 ACCEPTANCE OF A WATER EASEMENT DEED /BANYAN CREEK ELEMENTARY ITEM BEFORE COMMISSION Acceptance of a water easement deed for a fire service extension at Banyan Creek Elementary. BACKGROUND Banyan Creek Elementary is located on the north side of Sabal Lakes Road, east of Barwick Road and north of Lake Ida Road. Refer to location map for details. Under the Banyan Creek Elementary School Addition project, a 6" fire service line extension was constructed in accordance with approved plans and City standards at the request of the Palm Beach County School Board. The new fire service line and an existing water main did not have an easement over it. As a result, a 12 foot water easement is required so that City crews can access and perform maintenance operations associated with the extension of the City maintained water main. RECOMMENDATION Staff recommends approval of water easement deed. prepared by: RETURN: Brian Shutt, Esc}. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this day of , 2013, by and between the School Board of Palm Beach County, Florida, with a mailing address of 3300 Forest Hill Blvd., West Palm Beach, Florida 33416 -6097, parry of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second parr: WITNESSETH: That the parry of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of a water main with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such water main under, across, through and upon, over, under or within the following described property located in Pahn Beach County, Florida, to -wit: DESCRIPTION See Exhibit "A" attached hereto and made a part hereof Concomitant and coextensive with this right is the fizrther right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above - described property. It is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. I In the event that party of the second part ceases to use the easement for the purposes set forth herein or seeks to use the easement for any purpose other than those set forth herein, party of the second part's interest in the easement shall automatically become null and void and revert to party of the first part. Upon such automatic reverter, party of the second part shall execute and deliver to party of the first part a quitclaim deed upon party of the first part's request. Party of the first party hereby covenants with party of the second part that it is lawfully seized and in possession of the easement parcel and that it has good and lawful right to grant the aforesaid easement. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. Appro d For-Legal Form And Sufficiency Blair LittleJohn, School District Attorney STATE OF FLORIDA COUNTY OF PALM BEACH) The foregoing instrument was acknowledged before me this day of , 2013_ by Chuck Shaw and E. Wayne Gent, Chairman and Superintendent, respectively, of the School Board of Palm Beach County, Florida, who are personally known to me. DIANE UNDERWirJOD Notary Public MY COMMISSION # DD965927 EXPIRES March 06. 2014 {407)3960153 FlordatoFarySavlra . com ®i �&L� Print My Commission Expires: 2 DESCRIPTION: A PORTION OF THE NORTHEAST ONE- QUARTER OF SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST ONE- QUARTER OF SECTION 12; THENCE S88'53'46 "E ALONG THE NORTH LINE OF SAID NORTHEAST ONE-- QUARTER, A DISTANCE OF 382.98 FEET; THENCE S01 °06'14 "W, A DISTANCE OF 836.53 FEET TO THE POINT OF BEGINNING; THENCE N50 °11'40 "E, A DISTANCE OF 34.00 FEET; THENCE N21'32'48 "W, A DISTANCE OF 10.11 FEET; THENCE N89 °03'05 "E, A DISTANCE OF 51.60 FEET; THENCE SDO'56'55 "E, A DISTANCE OF 12.00 FEET; THENCE S89 °03'05 "W, A DISTANCE OF 32.06 FEET; THENCE S50 °11'40 "W, A DISTANCE OF 33.70 FEET; THENCE S35 °39'35 "E, A DISTANCE OF 46.32 FEET; THENCE S05 °45'10 "E, A DISTANCE OF 268.25 FEET; THENCE S00 °33'13 "W, A DISTANCE OF 178.62 FEET TO A POINT OF INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE OF SABAL LAKES DRIVE, AS RECORDED IN PLAT BOOK 60, PAGE 188 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N89 °26'47 "W ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 12.00 FEET; THENCE N00 °33'13 "E, A DISTANCE OF 177.96 FEET; THENCE N05'45'10 "W, A DISTANCE OF 264.38 FEET; THENCE N35 °39'35 "W, A DISTANCE OF 54.27 FEET TO THE POINT OF BEGINNING. LANDS SITUATE IN SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS -OF -WAY OF RECORD. NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS RELATIVE TO A BEARING OF S88 °53'46 "E ALONG THE NORTH LINE OF THE NORTHEAST ONE- QUARTER OF SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AS PUBLISHED BY PALM BEACH COUNTY, FLORIDA.. 4. THE "LAND DESCRIPTION" WAS PREPARED BY THE SURVEYOR 5. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON APRIL 12, 2013. 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 5J -17 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027. :SHEET 1 OF 2 CAULFIELD & WHEELER, INC. CIVIL ENGINEERING - LAND SURVEYING 7900 GLADES ROAD -SUITE 106 r RCCA RATON, FLORIDA 33434 PHONE (561)- 392 -1991 / FAX (561)- 750 -1452 BANYAN CREEK ELEMENTARY WATER EASEMENT SKETCH OF DESCRIPTION DAVIDP. REGISTERED W.,,, SURVEYOR NO. "5005 STATE OF FLORIDA L.B. 3591 4/12/13 /N BY DPL PG. N /A SCALE AS SHOWN IIJOB NO.5911PBCUE311 _POINT OF COMMENCEMENT NORTHWEST CORNER NORTHEAST 1/4 SECTION 12 -46 -42 10G (BEARING BASIS) S88 °53'46 "E 382.98' <_ av , : u . ,�u rya 1 �. GRAPHICgC�IE IN - r Y k N00'33'13 "E 177.96 NORTH RIGHT -OF ---WAY SABAL; LAKES .DRIVE . (PLAT .BOOK 60, PAGE 188) CAULFIEL_D & WHEELER, INC. CIVIL ENGINEERING - LAND SURVEYING � 7900 GLADES ROAD SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)- 392 -1991 / FAX (561)- 750 -1452 BANYAN CREEK ELEMENTARY WATER EASEMENT SKETCH OF DESCRIPTION DATE 4/12/13 DRAWN BY DPL F.B. PG. N/A SCALE AS SHOWN JOB N0.5911 PBCUE3 CL C O V O J MEMORANDUM TO: Mayor and City Commissioners FROM: Rafael Ballestero, Deputy Director of Construciton Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: June 4, 2013 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF JUNE 18, 2013 ADDITIONAL SCOPE /LANZO CONSTRUCTION CO. ITEM BEFORE COMMISSION This item is before the Commission to approve additional scope for the installation of additional water services, in the amount of $25,250.00; and approval for the amount to be paid from the contract's Undefined Underground Allowance; for the Reclaimed Water, Area 12A Project #11 -036. BACKGROUND On February 5, 2013, Commission approved a contract award to Lanzo Construction Co. The scope of the project involves continuing construction of the reclaimed transmission and distribution system on the barrier island, from Atlantic Avenue south to Casuarina Road, and from Gleason Street east to AlA. The project includes the installation of 10 ", 6" and 4" PVC pipe throughout the residential neighborhoods. On May 15, 2013, the City Manager approved additional scope, in the amount of $7,448.53, to maintain a fire hydrant at the intersection of Nassau St. and Gleason St.; which included the tapping of a 10" water main and installation of a new city supplied hydrant; along with the removal of approximately 110 linear feet of 6" water main, which is no longer needed. This additional scope, in the amount of $25,250.00, is for the installation of twenty -five (25) additional water services, to provide service to all of the residences and buildings on the project corridor. Some of the services for multi -unit buildings were presumed to be on one (1) master meter; but actually are individually irrigated, necessitating additional meters and services. Some locations were not designated to receive services, but staff wishes to provide reclaimed water to all available customers. The unit prices for the work are the contract unit prices. A cost breakdown, Exhibit A, is attached. Also attached are copies of the Contract's Allowances Spreadsheet, and a Location Map. The City has received grant funding for this project in the amount of $170,000 through the South Florida Water Management District (SFWMD). FUNDING SOURCE Cost to be funded out of the contract's Undefined Underground Allowance; available balance is $142,551.47. RECOMMENDATION Staff recommends approval of additional scope for the installation of additional water services, in the amount of $25,250.00; and approval for the amount to be paid from the contract's Undefined Underground Allowance; for the Reclaimed Water, Area 12A Project. Work Change Directive - CONSULT-I C.I V FL = rJGI>wEE ^Rs Project: City of Delray Beach - Reclaimed Water Expansion -Area 12A Phase 1 WCD Number: 2 Owner: Rafael Ballestero, Project Manager, City of Delray Beach Initiation Date: 5/2412013 Engineer: Dave Mathews, P.E., Project Manager, Mathews Consulting Contractor: Mark Garrett, Project Manager, Lanzo Construction _...z... "`.- . ...�'- -. -•-•» - �':- ..._.<' —� —_ .....,.,...- .._.: -r�: •:::� -."' is �. -;..� _. ._.�_ �. =:��� =:_—_ _ "'�-- :"- '�.- .:- :..•_- k . -. L.:_. -... .. •i�a- .��.._ _ yam= '�'`.''N _ _ u.��^_'�.'� �"^a»'» =" Description: This Work Change Directive (WCD) is for additional 1 -112" & 2" Reclaimed Watermain Services. The Contractor will utilitze the Contract Unit Prices to account for these additional Reclaimed Water Main Services. The Contractor has provided Backup Documentation for these costs see attached), which is summarized below: —u _..--- :.r....�...___ .__..._._,_ mss- =.._,— - - -,=�� _..<� - �::.� - -•,mow Item: Description Quantity: Units: Unit Price: Total: 21 1 -112" Reclaimed Water Service Residential Single) 15 EA $950.00 $44,250.00 22 2" Reclaimed Water Service Residential Single) 10 EA $1,100.00 $11,000.00 TOTAL: $25,250.00 Total Cost of Work Change Directive 2: $25,250.00 ,�- max::. -:•- �._.�,� _-<.,��. — _��:.:mm_:��::::: =:� :•� _ _�� -. -- = s�:i -- Page 1 of 1 MMMON COMPA r M*N* rafthow ftwS&wft"Aw fw ftwaw►tmus May 24, 2013 Aaron Cutler Mathews Consulting, Inc. 477 S. Rosemary Ave,, Suite 330 West Palm Beach, FL. 33401 Reference. City of Delray Beach Reclaimed Water Expansion Area 12-A (Phasel) Project # F-414,2011-036 Request for Quotation #002 Additional Reclaimed Water Service's Mr. Cutler, Please find attached the proposal the Additional Reclaimed Water Services requested. Item No. Description Qty; Unit Chit Price Total 21 1 -1/2" Reclaimed Water Service 15 Ea. $ 950.00 $14,250.00 Residential Sin le 22 2" Reclaimed Water Service 10 Ea. $1,1010.00 $11,000.00 Residential Sin le Total $25250.00 Please don't hesitate to call if you have any questions. Sincerely, Mask Garrett Larszo Constnuc ion Co., FL CC: F -414, MRB, 125 3E 5T Court Deerfield Beach FL 33441 -4749 . Phone (954) 979 -.0802 Fax (954.).979-9897 www.l=w.net June 6, 2093 Construction Project Detailed Allowances Spreadsheet Project Information: Reclaimed Water, Area 12A PIN 11 -036 Contractor: Lanzo Construction Co., Florida Contract Allowance Current Allowance Item Allowance Date Date Amount Amount Balance Requested Approved Line Item #90 - Undefined Underground $15Q,OQO.QO $Q.DO $150,DDQ.00 Allowance Add'I. scope to maintain a fire hydrant at the intersection of Nassau St. and Gleason St.; tapping of a 10" water main and installation of a new city supplied hydrant along with the removal $7,448,53 $142,551,47 5/13/2013 5/15/2013 of approximately 110 linear feet of 6" water main; which is no longer needed. Approved by City Manager 05115113. TOTAL ALLOWANCE AMOUNTS $150,000.00 $7,448.53 $142,551.47 Additional Information: In addition to the above items: the following has been added to the Contract: Additional Project Expenses Not Added to the Contract: - Mathews Consulting, Inc.- SA #07 -17.3 for construction administration services and specialty inspection services required to complete the project. Approved by Commission on 03105113. - Testing Services - Specialty Engineering Consultants, Inc.; Approved by City Manager 003129113. $54,118.00 $10,962.00 $75,080.00 S16, T P 46S. RNG 43E - ------ = m LIMITS OFPR E AREA . PlHAS £! =o MITS OFPR E CT AREA . PlHAS E] PROJECT LOCATION MAP N.T.S. ME IF ST- LxYL � m MT / B � ° § ■ % _wm & � J _ / �U ) _ +_ _ . ,R ] AnM■ � / f r __ Ll � __r BUCIDA ■ $ a a § � $ � I � S16, T P 46S. RNG 43E - ------ = m LIMITS OFPR E AREA . PlHAS £! =o MITS OFPR E CT AREA . PlHAS E] PROJECT LOCATION MAP N.T.S. MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: June 12, 2013 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF JUNE 18, 2013 HOLD HARMLESS AGREEMENT/ THE HANNAH BUILDING ITEM BEFORE COMMISSION The action requested of the City Commission is acceptance of Hold Harmless Agreements for the encroachment of up to 4'1" for canopies, up to 4'1" for two wing walls, two entry doors when open, an existing column, and an entry gate to the rear stairway into the right of way adjacent to the property at 401 East Atlantic Avenue. The encroachments of the canopies and wing walls are primarily on the upper floors and, therefore, minimal conflicts with pedestrian traffic is contemplated. BACKGROUND The subject property is located on the northeast corner of NE 4th Avenue and East Atlantic Avenue. The subject encroachments are associated with building improvements relevant to a Class III Site Plan Modification. The Site Plan Modification included exterior architectural alterations and a change of use for the second -story from retail to office. The ground floor will remain retail, yet will be divided into three individual bays. At its meeting of June 12, 2013, the Site Plan Review and Appearance Board (SPRAB) approved the architectural elevations which include the encroachment of a canopy, wing wall, entry doors, column, and gate into the right of way adjacent to the property, subject to the approval of the Hold Harmless Agreement. The attached agreement has been reviewed and approved by the City Attorney's Office for legal form and sufficiency and is now before the City Commission for approval. RECOMMENDATION Accept the Hold Harmless Agreements for the encroachment of a canopy, wing wall, entry doors, column, and gate within the City right of way for the property located at 401 East Atlantic Avenue. Prepared by: RETURN; R. Brian Shutt, Fsq, City Attorney's Office 200 N.W. 1 st Avenue Delray Beach, FL 33444 OLD HARMLESS AGREEMENT THIS HOLD HARMLESS AGREEMENT, is entered into this day of June, 2013 by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CI'T'Y ") and MERCER WENZEL, INC. a Florida corporation with a mailing address of C/o LOUIS J. CARBONE, P.A. 90 SE 4th Avenue Suite 1 Delray Beach Florida 33483 (hereinafter referred to as "OWNER "). WITNESSETH: WHEREAS, OWNER owns property and improvements thereon consisting of a two story commercial building located at 401 -403 East Atlantic Avenue Delray Beach, Florida 33483 (the "Building" }, and has requested CITY to allow for the installation of certain improvements to the Building consisting of decorative overhangs above the first floor, second story decorative and non - structural wing walls in the public right-of-way, the wrapping of an existing column at the front entry and expanding its size into the public right-of-way and one gate and two (2) non -lobby doors located on the West side of the Building which will open into the public right -of -way as shown on Exhibit "B" (collectively the "Right of Way Encroachments "), and WHEREAS, OWNER agrees to hold CITY harmless for any damage which night be caused as a result of maintenance within the public right -of -way or any action brought against the CITY as a result of the Right of Way Encroachments in the public right-of-way, NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. OWNER is the owner of property described in Exhibit "A" 3. That OWNER wishes to install the Right of Way Encroachments in the area, as shown on Exhibit "B ", in the public right -of -way pursuant to the City of Delray Beach Code of Ordinances, none of which shall impede the use of the public right of way including the sidewalk. 4. OWNER acknowledges that the CTI'Y shall assume no responsibility or maintenance for the Right of Way Encroachments and any improvements thereto, which OWNER places within the public right -of -way and that OWNER shall be responsible for the upkeep and maintenance of such Right of Way Encroachments and associated improvements in the public right- of-way in accordance with the Code of Ordinances of the CITY, 5. OWNER, in consideration of the mutual covenants set forth herein, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, which may result from the placement or existence of the Right of Way Encroachments and improvements in the public right-of-way. OWNER further agrees to hold the CITY, its agents, officers, employees and servants harmless for any damage to the Right of Way Encroachments and associated improvements OWNER places within the public right -of =way. It is understood 2 that any cost for replacement or repair of the Right of Way Encroachments and associated improvements shall be the OWNER'S responsibility, and the CITY will not be held liable for any damage to the Right of Way Encroachments and associated improvements as a result of any .maintenance or construction within the public right-of-way by the CITY, 6. If the Right of Way Encroachments cause a dangerous condition to exist in the Public Right of Way or otherwise unreasonably interfere with the use of the Sidewalk within the Public Right of Way, the CITY may at any time and in its sole discretion request that C)"ER remove the Right of Way Encroachments from the public right -of- -way and OWNER agrees to immediately remove the Right of Way Encroachments from the public right -of -way. If the Owner fails to remove the Right of Way Encroachments the CITY shall have the right to remove the Right of Way Encroachments and dispose of it. 7. All notice required or allowed by this Agreement shall be delivered in person or mailed to the party at the following address: CITY: Environmental Services Director City of Delray Beach 434 South Swinton Avenue Delray Beach, Fl, 33444 OWNER: MERCER WENZEL, INC. c/o LOUIS J. CARBONE, P.A. 94 SE 4th Avenue Suite 1 Delray Beach Florida 33483 8. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and penTtitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 3 9. This Agreement shall be govemed by and construed in accordance with the laws of the State of Florida. Venue for any claim or lawsuit arising out of this Agreement shall be in Palm Beach County. (SIGNATURE LINES APPEAR ON THE NEXT PAGE) IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: City Clerk Approved as to Form: By: City Attorney CITY OF DELRAY BEACH, FLORIDA By: WITNESS: OWNER: MERCER WENZEL INC. Thy: (name typed or handwritten) CHARLES R.OSNER, PRESIDENT WITNESS. SEAL. (name typed or handwritten) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of Tune, 2013 by CHARLES ROSNER as President of MERCER WENZEL INC. a Florida corporation, on behalf of the corporation. He /She is personally .known to me or has produced (type of identification) as identification and did/did not take an oath. (Notary Seal) Signature of Person Taking Acknowledgment Notary Public State of New 'York Printed Notary name My Commission expires C. Exhibit A All of Lot I, Kate M. Lyman's Subdivision of Block 100, City of Delray Beach (formerly Linton), Florida, according; to the plat thereof as recorded in Flat Book 1, Page(s) 65, Public Records of Palm Beach County, Florida, 1 1! Iff, l :5, `_IO W)W HAPLt�S AG-Off:AT i I t� if -6!' +1 I a SAY 11 i 0 O W D ED E S O ttp 1 I Q 1 1 oz, l s N kC H ITECIU RE 0- d. m ................... IN I ii f El 1 oz, l s N kC H ITECIU RE 0- d. m ................... IN I CANOPY HOLD HARMLESS AGREEMENT This Hold Harmless Agreement and General Release, is made this day of June, 2013 by and between the City of Delray Beach, Florida ( "City ") and MERCER WENZEL, INC. with a mailing address of c/o LOUIS J. CARBONE, P.A. 90 SE 4th Avenue Suite 1 Delray Beach Florida 33483 and hereinafter referred to as ( "Owner "). WITNESSETH: WHEREAS, Owner, has requested approval to install certain canopies and fixed overhangs (collectively the "canopies') on the structure located at 401 -403 East Atlantic Avenue Delray Beach, Floridan 33483 in accordance with Exhibit "A" and pursuant to the requirements of the Land Development Regulations of the City of Delray Beach, Section 6.3.4; and, WHEREAS, the Land Development Regulations of the City of Delray Beach, Florida in Section 6.3.4 requires approval of the Chief Building Official through approval of an applicable agreement with the City; and, WHEREAS, Owner agrees to abide by all the regulations governing canopies extending into the public right -of -way as contained within the ordinances of the City of Delray Beach. NOW, THEREFORE, FOR THE MUTUAL COVENANTS AND MATTERS SET FORTH HEREIN, AS OF THE DATE SET FORTH ABOVE, THE PARTIES HEREBY AGREE AS FOLLOWS- 1 . The recitations set forth above are incorporated herein. 2. Owner acknowledges that the City shall assume no liability or responsibility for said land, structures, improvements, materials, appurtenances or the partial or complete- destruction or removal of the same on the subject property. 3. Nothing in this Agreement relieves Owner of any obligation imposed under the City's Land Development Regulations or Code of Ordinances. Owner is responsible for obtaining any and all permits required in connection with the constructionlinstallation of the canopies and/or supports. 4. Owner shall constructlinstall the canopies in the locations as shown on Exhibit "A" which shall not impede any use of the sidewalk 5. Owner, on behalf itself, its successors, and assigns, acknowledge that the City shall assume no responsibility for the canopies which is being placed within the public right -of -way. 5. Owner, its successors and assigns, in consideration of the mutual promises contained herein and other good and valuable consideration, agree to hold harmless the City, its agents, officers, employees and servants from any damage to the canopy and other related improvements which will be placed within the public right -of- way. It is understood that any cost for replacement of the canopies and other related improvements shall be Owner's, its successors and assigns responsibility and City will not be held liable for any damage as a part of any maintenance or construction within the said public right -of -way. Owner, its successors, and assigns, in consideration of the mutual promises contained herein and other good and valuable consideration, agree to defend, indemnify and hold harmless the City, its agents, officers, employees and servants from any claim, lawsuit or action brought against the City as a result of the canopy being placed within the public right -of -way. 7. The City or its agent, contractor or representative shall be allowed to access the enclosed portion, if any, of the public right-of-way at any time. P 8. Owner shall remove any of canopies from the public right- of-way within twenty (20) days of receiving notice from the City requesting removal. If Owner fails to remove any of the canopies, the City may remove the canopy and bill the Owner for the cost of such removal. The City, or its agents or contractors, shall not be responsible for any damage that may occur to any of the canopies during such removal. The City may request removal of the canopies for any reason and in its sole discretion. 9. Owner, its successors and assigns, in consideration of the mutual promises contained herein and other good and valuable consideration, further agree to hold harmless, defend, or reimburse the City, for any damage that is caused to the City's public right -of -way as a result of the construction, maintenance or existence of the canopies located in the public right -of -way. 10. The Owner's placement of the canopies in the public right -of -way shall not in any way give any rights to the public right of way 11. This agreement constitutes the entire agreement between City and Owner and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the agreement with all the same formalities as this agreement. 91 IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Approved as to form: By: City Attorney 4 WITNESS: OWNER: MERCER WENZEL INC. (name typed or handwritten) WITNESS: SEAL (name typed or handwritten) STATE OF NEW YORK COUNTY OF WESTCHESTER The foregoing instrument was acknowledged before me this day of June, 2013 by CHARLES ROSNER as President of MERCER WENZEL INC. a Florida corporation, on behalf of the corporation. He /She is personally known to me or has produced (type of identification) as identification and did /did not take an oath. Signature of Person Taking Acknowledgment Notary Public State of New fork Printed Notary name My Commission expires (Notary Seal) *Mll. ]iff -1 All of Lot 1, Kate M. Lyman's Subdivision of Block 140, City of Delray Beach (formerly Linton), Florida, according to the plat thereof as recorded in Plat Book 1, Page(s) 65, Public Records of Palm Beach County, Florida. Cj EXHIBIT B >,,. i.�•.i n�. •rs.. �AFIpY'in .il OIS:.l ♦.n. nr rl!! II jj �r. e�i n��•n nen�y.Y.. �tn�.a .�.,: ...,.� ae.y .,�...e �:kRpa ° °6 rd t "ire.' ii ' sb u�n.c eaiia4 +c «uarn--a� "',P •Sa }; lil. .�ry:� fl �) i I I� ',� V N 1 7 t 1 fl 4' ii I. Y L� f� Fr ti �� I II I IRIfII �I�C7pL7f:Jl*] p w� 3 � 7 I• t k 1� II �� d'1111i t �, ddd I a Em a `cq c m �Q pl SITE PLAN REVIEW & APPEARANCE BOARD MEMORANDUM STAFF REPORT Property Owner: Mercer Wenzel, Inc., A Florida Corporation Authorized Agent/ Applicant: Louis J. Carbone, Esq. Project Location: 401 East Atlantic Avenue Project Name: The Hannah Building (fka Mercer Wenzel) Meeting Date: June 12, 2013 File:2013 -135 ITEM BEFORE THE BOARD The action before the Board is approval of Architectural Elevations for The Hannah Building, located at 401 East Atlantic Avenue, pursuant to LDR Section 2.4.5(G)(1)(c), BACKGROUND & PROJECT DESCRIPTION The subject property consists of Lot 1, Block 100, Town of Delray, and is zoned Central Business District (CBD). The property is located on the northeast corner of East Atlantic Avenue and NE 4th Avenue. A two- story, circa 1930 building remains on the site and has always contained retail uses. Most recently, the Mercer Wenzel department store was at this location for 55 years. The building was previously home to another local family retail business, and has been vacant since the end of 2012. There are no previous site plan applications on file. At its meeting of May 22, 2013, the Board reviewed a Class III Site Plan Modification and associated architectural elevation changes for the change of use from a single- tenant, two -story retail building to a three - tenant retail use on the ground floor and single- tenant office use on the second floor. The Class III Site Plan Modification was approved; however, due to concerns regarding the proposed color scheme, the architectural elevations were not approved and the applicant was requested to submit a revised scheme. The revised scheme, as well as all associated architectural elevation alterations, are provided below. Exterior alterations on the front (south), side (west), and rear (north) elevations will consist of the following: • Removal of existing first -story awnings • Installation of stucco fluted canopy (maintain location and depth of existing); • Removal of existing doors and windows; • Installation of floor to ceiling store -front style, single -pane windows and doors; • Reface brick pilasters between store -front windows with stucco fluted pilasters; • Installation of single -pane windows in upper story; • Installation of shed -style fabric awnings above eight windows; • Addition of 4" wide raised porthole -style stucco bands between awnings; • Scored 24 "x24" patterned stucco finish at second story between first floor ceiling to second -story sill; Addition of stucco fluted pilasters between second -story windows; Addition of a decorative "fin" wall on each side; SPRAB Meeting June 12, 2013 The Hannah Building, 401 Past Atlantic Avenue; 2013 -135 Page 2 Clad the existing brick entry column with aluminum; Addition of accent uplights on top of stucco canopies; and, Addition of fluted band above awnings. Exterior changes to only the side (west) elevation additionally consist of the following: • Addition of recessed entry to provide access to side retail bay and elevator; • Addition of centrally located second - story, 8" stucco eyebrow containing accenting downlights; • Addition of four, centrally located 10" wide, raised porthole -style stucco bands; and, • Addition of entry gate to rear stairs. Exterior changes to only the rear (north) elevation additionally consist of the following: • Removal of two glass block windows; • Replacement of existing concrete stairway with metal stair and railing system; • Addition of louvered panels to screen air conditioning units facing the alley. All porthole -style stucco bands, the entry column, and the parapet coping will be accented with blue LED lights, The building's current color scheme consists of beige with green accents. The new color scheme, which has been revised since the SPRAB review on May 22, 2013, will consist of the following: • Spruce Green: Scored stucco at upper story, center of porthole -style stucco bands, accent of fin wall • Ice Mist: Smooth stucco at upper story, accent of fin wall, fluted pilasters • Italian Ice Green: Eluting accent on stucco canopy • Silver Pine: Rear metal stair • Jade & Sail White: Fabric awnings • Clear Anodized and Grey Glass: All storefront glass • Salamander: Signs and Numbers (Note: Sign colors are not approved with subject application; signs are approved under separate application and review process.) The entry doors and stair gate which open into the right -of -way on the side (west) elevation, as well as the canopy and entry column which will permanently encroach into the right -of -way, will require approval of a Hold Harmless Agreement by the City Commission, A draft of the agreement has been submitted by the applicant and reviewed by the City Attorney. This requirement has been added as a condition of approval, and is tentatively scheduled for review by the City Commission at its June 18, 2013 meeting. The Architectural Elevations are now before the Board for consideration. ARCHITECTURAL ELEVATIONS 4.6.18, Architectural Elevations and Aesthetics Pursuant to LDR Section 4.6.18(B)(14), Buildings within the Downtown Area, these additional criteria shall be applicable to buildings located within the CBD, OSSHAD, and CBD -RC zoning districts. in case of conflict, the more restrictive regulation shall apply. A review of the "additional criteria" is provided below. Pursuant to LDR Section 4.6.18(B)(14)(ii)(1)(a),Walls: Materials, there shall be a maximum of two (2) primary materials, excluding windows, doors, accents and trims. These materials shall be appropriate to the building style and shall be consistent on all sides of the building. The materials shall be complementary and create visual interest, such as shadow and depth, to the building walls. Materials used to simulate other materials shall count as separate materials provided there is a SPRAB Meeting June 12, 2013 The Hannah Building, 401 East Atlantic Avenue; 2013 -135 Page 3 change in texture, color, and pattern of the finish. The primary material on the building is stucco which is appropriate to the building. The contrast of smooth stucco with fluted stucco in the canopies, pilasters, and upper wall plane create a new visual interest on a prime corner in the downtown. Therefore, the intent of this requirement has been met. Pursuant to LDR Section 4.6.18(B)(14)(iv)(2), Windows and Doors, the minimum transparency or glass surface area on the ground floor wall area of all non - residential and mixed -use buildings shall be a minimum of 75% of the wall area for that elevation. All storefronts or glass areas abutting the street shall be transparent, non -solar or non - mirrored, and have a light transmission reduction of no more than twenty percent (20%). The existing glass surface on the ground floor is nonconforming with respect to the subject transparency requirement. While the front fagade contains a sufficient amount of storefront -style glass, the west elevation which faces NE 4th Avenue is essentially a blank wall with transparency limited to a secondary store entrance. The proposal significantly increases the amount of transparency on the ground floor where 51 % transparency is provided along East Atlantic Avenue, and 55% is provided along NE 4th Avenue. Therefore, aforenoted transparency nonconformity will be decreased, thereby meeting the intent of this requirement. Pursuant to LDR Section 4.6.18(B)(14)(iv)(5)(b), Windows and Doors: Prohibitions, back lit canopies or awnings, neon or fluorescent lighting, unless incorporated into the architectural concept of the project or public artwork and approved by the Site Plan Review and Appearance Board or the Historic Preservation Board. An example of this may be a design element associated with an Art Deco project. The proposed blue LED accent lighting has been incorporated into the design of the building and is appropriate to its architectural style. Therefore, the intent of this requirement has been met. Pursuant to LDR Section 4.6.18(8)(14)(v)(2), Miscellaneous, a maximum of four (4) base wall colors shall be used for each building, except as required for artworks as approved by the Site Plan Review and Appearance Board or Historic Preservation Board. The proposal includes a color change from a single wall color (beige) to two base wall colors (Ice Mist and Spruce Green). The color scheme is appropriate to the architectural style and adequately compliments the architectural elements. Pursuant to LDR Section 4.6.18(B)(14)(v)(5), Miscellaneous, similar architectural treatment shall be provided on all sides of the building. All three sides of the building which are visible consist of the same exterior treatment with respect to colors, materials, details, and style. As a result, all elevations provide a unified and harmonious appearance of the building. Therefore, the intent of this requirement has been met. Pursuant to LDR Section 4.6.18(E), Criteria for Board Action, the following criteria shall be considered, by the Site Plan Review and Appearance Board or Historic Preservation Board, in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. (1) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. SPRAB Meeting June 12, 2013 The Hannah Building, 401 East Atlantic Avenue; 2013 -135 Page 4 In consideration of the criteria above, the subject request can be supported in that the proposed elevation changes are in conformity with "good taste" and "good design ". The improvements will contribute to the image of East Atlantic Avenue. As previously noted, the improvements are in harmony not within themselves, but will also be harmonious with the existing streetscape of East Atlantic Avenue, while complimenting that of NE 51h Avenue. Therefore, positive findings with respect to the subject Section can be made. Use and Work in the Public Right of Way: Canopies Pursuant to LDR Section 6.3.4, canopies, marquees, and covered walkways may extend into the public right-of-way when approved by the Chief Building Official through approval of an applicable agreement with the City. The proposed canopies and wing walls extend into the right of way, as well as two entry doors which face NE 4th Avenue. Therefore, a Hold Harmless Agreement has been drafted and will be considered by the City Commission at its June 18, 2013 meeting. A condition of approval has been added that certification of the subject project not occur until the agreement has been approved by the City Commission. ALTERNATIVE ACTIONS A. Continue with Direction. B. Move approval of the request for Architectural Elevations (2013 -135) for The Hannah Building, located at 401 East Atlantic Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(G), 4.6.18(E) and Article 3 of the Land Development Regulations, C. Move denial of the request for Architectural Elevations (2013 -135) for The Hannah Building, located at 401 East Atlantic Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is not consistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(G), 4.6.18(E) and Article 3 of the Land Development Regulations. (Motion to be phrased in the affirmative. See above. STAFF RECOMMENDATION Move approval of the request for Architectural Elevations (2013 -135) for The Hannah Building, located at 401 East Atlantic Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 4.6.18(E), subject to approval of the Hold Harmless Agreement by the City Commission. Report prepared by: Amy E. 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H ° I K E 9 J k n o $. -:�` ., �% �� _ _.m�naarr k " ":� . =,q ��-j � 111 o 'J 21 n i D J I I H ) 2i V N V D I r vN j >I J 1 �co cv�e 440 © F © w rm i i �i 1! 41 �, 4- 1- �& i U K l :.I 0 w e � 5x E[k k H4 Fl 0 7171 71 El El 0 Q' a C! U �i m � 6 U o= � <1 to A i4fll � � C O N lx O Q 6 D' 7 i L J 7 F 3 � 0 0 El El ^^ E E El El 0 E) f }a z s`i'n p F x 2 Q' a C! U �i m � 6 U o= � <1 to A i4fll � � C O N lx O Q 6 D' 7 i L J 7 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: June 11, 2013 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF JUNE 18, 2013 AMENDMENT NO.1 (CHANGE ORDER NO. 1)/ PROLIME CORPORATION ITEM BEFORE COMMISSION Approve Amendment 1 (Change Order No. 1) to Prolime Corporation in the amount of $35,000 for the annual hauling of wet lime sludge from the Water Treatment Plant. BACKGROUND On December 4, 2012, the City approved an award to Prolime Corporation in the amount $120,000 as an estimated annual amount to haul wet lime sludge from the Water Treatment Plant. The request was for an annual award for fiscal year 2012/2013. The basis of the bid award to Prolime Corporations was per unit price at $17.69 per liquid ton. The total amount requested was $120,000, based on one load per day, five days a week, hauled to Pembroke Park, Florida: 26 liquid tons (average tanker load) at $17.69 /liquid ton = $459.94 per load x 5 days x 52 weeks = $119,584.40. A trial run of hauling two loads of liquid lime sludge per day has limited lime sludge stockpiling to the plant's lagoon and has provided treatment relief in alleviating an over saturation condition at the east thickener unit and during the de- watering phase in the processing of sludge. Thus, staff is recommending one additional load per day for the remainder of the fiscal year at the contract unit price: . 26 liquid tons (average tanker load) at $17.69 /liquid ton = $459.94 per load x 5 days x 15 weeks = $34,495.50. The request is in the net add amount of $35,000. FUNDING SOURCE Funding will be available from Account # 441 - 5122 - 536- 34 -90, Water and Sewer Fund/ Other Contractual Services. RECOMMENDATION Staff recommends approval of Amendment 1 (Change Order #1) in the amount of $35,000 to Prolime Corporation for the disposal of wet lime sludge from the Water Treatment Plant. AMENDMENT NO. 1 TO THE AGREEMENT WITH PROLIME CORPORATION THIS AMENDMENT NO. 1 to the Agreement is entered ' into this 19 day of _December 2012, by and between the City of Delray Beach, Florida, a Florida municipal corporation ( "City ") and Prolime Corporation. WITNESSETH: WHEREAS, the City recently entered into a contract with Prolime Corporation for the Wet Lime Sludge Hauling services from the Water Treatment Plant site at the Environmental Services Compound, (Bid No. 2013 -18); and WHEREAS, the parties wish to add additional scope of work to the original agreement that was approved by Commission on Tuesday, December 4th, 2012, between the City of Delray Beach, Florida, a Florida municipal corporation ( "City ") and Prolime Corporation, Agreement dated December 19th, 2012. NOW, THEREFORE, in consideration of the promises and covenants set forth herein, and the good and valuable consideration as provided for herein, the parties agree as follows: 1. Recitations. That the recitations set forth above are hereby incorporated as if fully set forth herein. 2. Amendment. The Agreement is hereby amended as follows: The City agrees to the additional scope of work described below: Provide hauling of one additional wet lime sludge load per day (total of two loads per day) from the City's Water Treatment Plant at the contracted unit price of $17.69 1liquid ton material. The total contract to date is summarized on the Change Order form Exhibit "A ", attached hereto and incorporated herein. The work shall be for FY 201212013. 3. Full Force and Effect. All other terms and conditions of the Agreement not expressly modified by this Amendment No. 1 thereto remain in full force and effect. P/N 2010 -097, Rehab of WTP Clarifier #4 Amendment #1 to the Standard form of Agreement Page 1 of 2 ATTEST: By: City Clerk Approved as to Form: By: City Attorney WITNESS: (print or type name) STATE OF COUNTY OF CITY OF DELRAY BEACH, FLORIDA Mayor PROLIME CORPORATION By: Name Printed: Title: The foregoing instrument was acknowledged before me this day of , 2011 by of behalf of the corporation. , a _ He /She is personally (as identification). known to corporation, on me /or has produced Signature of Notary Public Bid No. 2013 -18, Wet Lime Sludge Hauling Amendment #1 to the Standard form of Agreement with Prolime Corporation Page 2 of 2 CHANGE NO. 1 EXHIBIT "A" CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL "AGREEMENT" PROJECT NO. P.O. 687434 DATE: PROJECT TITLE: WTP Wet Lime Sludge Hauling TO CONTRACTOR: Prolime Corporation YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL STIPULATIONS AND COVENANTS IN THE AGREEMENT. JUSTIFICATION: • Hauling additional loads of Wet Lime Sludge from the City's Water Treatment Plant at the contract unit price of $17.69 / liquid ton as identified in the executed Agreement dated December 19, 2012; estimated at 26 liquid tons (average tanker load) at $17.69/liquid ton = $459.94 per load x 5 days x 15 weeks. SUMMARY OF CONTRACT AMOUNT /CHANGES ORIGINAL AGREEMENT AMOUNT $120,000.00 COST OF SERVICE CHANGES PREVIOUSLY ORDERED $ .00 ADJUSTED AGREEMENT AMOUNT PRIOR TO THIS CHANGE ORDER $ 120,000.00 COST OF SERVICE CHANGES THIS ORDER $ 35,000.00 ADJUSTED AGREEMENT AMOUNT INCLUDING THIS CHANGE ORDER $ 155,000.00 PERCENT INCREASE THIS CHANGE ORDER 29% TOTAL PERCENT INCREASE TO DATE 29% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. Prolime Corporation (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: 441 - 5122 - 536 -34.90 DEPARTMENT RECOMMEND: APPROVED: FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission Environmental Services City Attorney USA Mayor ATTEST: By: City Clerk S:\Envin:nmental Services \WTP\Lime Sludge Hauling - Baker \Sludge Hauling FY 12- 13\Lime Slurry Hauling Contract FY 12- 13 \Amndmnt 1 Prolime\CO 1 Prolime Corporation 2013junl&doex CITY OF DELRAY BEACH 100 NW 1't AVENUE, DELRAY BEACH, FL 33444 BID No. 2013 -18 WET LIME SLUDGE HAULING MAYOR VICE MAYOR DEPUTY VICE MAYOR COMMISSIONER COMMISSIONER CITY MANAGER - NELSON S. McDUFFIE - THOMAS CARNEY -ADAM FRANKEL -AN GELETA GRAY -AL iACQUET -DAVID HARDEN Purchasing Division* Finance Department *(561) 243 -7161 ♦ Fax (561) 243 -7166 INVITATION TO BID CITY OF DELRAY BEACH PURCHASING OFFICE 100 NW FIRST AVENUE DELRAY BEACH, FLORIDA 33444 (561) 243 -7163 BID No. 2013 -18 DATE: October 21. 2012 Water Treatment Plant Wet Lime Sludge Hauling 434 South Swinton Avenue Delray Beach, Florida 33444 Sealed Proposals will be received by the office of the Purchasing Officer, City Hall, 100 NW 1"Avenue Delray Beach, Florida 33444 until Wednesday November 7 2012 at 11:OOAM, at which time they will be publicly opened and read aloud. INVITATION TO BID This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and /or any pertinent document form a part of this bid and by reference are made a part thereof, PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and /or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. MANDATORY PRE -BID: A mandatory pre -bid conference has been scheduled for Tuesday, October 30h. 2012 at 10:30 AM, at the Water Treatment Plant Administration Building (Environmental Services Department Complex) , located at 200 SW 2nd Street, Delray Beach, Florida, 33444. All interested bidders are required to attend and be prepared to ask questions SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 Northwest First Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: BID NUMBER, TITLE, AND DATE OF BID OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above, RETURN ONE COPY OF ALL BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of sixty (60) days from the last date for receiving of bids for acceptance of its bid by the City Manager and /or City Commission. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part with or without cause and /or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions. Bid No. 2013 -18 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS SUBMISSION AND RECEIPT OF BIDS: a) Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. b) Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation To Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C) Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. d) All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES: a) Bidder warrants by virtue of bidding that prices, terms, and conditions bid in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. b) Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit prices bid will govern. C) Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. d) The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. e) Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DELIVERY: a) All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. b) Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified on bid form. BRAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. Bid No. 2013 -18 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. 8. ACCEPTANCE: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the seller's expense. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 10. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 11. COMPLIANCE WITH SAFETY STANDARDS: a) All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. b) Whenever a bid is sought and services secured for any type of on -site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 12. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all statements made in the proposal. 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 14. LIABILITY, INSURANCE, LICENSES AND PERMITS: a) PERMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work. Bid No. 2013 -18 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) b) LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain an Occupational License before a Notice To Proceed will be issued. C) LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rating no less than A -, VII or better. If you have any questions regarding the City's Insurance and /or Bond requirements, please contact the City's Risk Management Office at (561) 243 -7150. See page (s) 17 thru 20 for Insurance Requirements. A "sample" certificate has been attached. 15. SPECIFICATIONS: a) For purposes of evaluation, bidder must indicate any variances from our specifications and /or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. b) Any omissions of detail specifications stated herein that would render the material /service from use as specified will not relieve the bidder from responsibility. 16. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and /or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. The City reserves the right to reject any one or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and /or Federal Government. Exemption certificates certified on request. State Sales Tax Exemption Certificate No. 85- 8012621559C -4 appears on each purchase order. 18. NIA 19. EXCEPTIONS TO CONDITIONS, 1 THRU 18 (Boiler Plate) Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 20. RENEWAL: The City renew the contract, at the same terms, conditions, and prices, for 4 consecutive term(s) of 12 month periods, not to exceed a total duration of 60 months, subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 21. ANTI - COLLUSION: a) Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. b) No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list (s). Bid No. 2013 -18 4 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) 22. CONFLICT OF INTEREST: a) Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or b) The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of it's branches. 23. NON - DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. Bid No. 2013 -18 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) CITY OF DELRAY BEACH WTP WET LIME SLUDGE HAULING CITY OF DELRAY BEACH BID #2013 -18 GENERAL NOTES and SPECIAL PROVISIONS GENERAL NOTES A. PURPOSE: The purpose and intent of this "Invitation to Bid" is to seek a firm price for the furnishing of equipment, materials, and labor for loading of wet lime sludge (slurry) from the lime sludge reactor unit to tanker trucks and hauling of such material to approved disposal site(s). All work shall comply with current State, Local and Florida Building Codes at the most economical price. Service and Workmanship are of primary concern. Bidders with low standards for either service or workmanship will be judged to be non - responsible and their bids non - responsive. No bid will be accepted if it offers lower standards of service and/or workmanship than is described herein. B. NOTICE OF AWARD: It is and shall be understood and agreed that a contract shall be deemed to be awarded and validly entered into between the successful bidder and the City when written notice has been given the award by the City through its authorized office, and a purchase order shall be issued to the bidder covering the same. C. COMPETENCY OF BIDDERS: Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in the Bid Invitation and who can produce evidence that they have established satisfactory record of performance for a reasonable period of time; have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The term "equipment" and "organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City of Delray Beach, Florida. D. VENDOR SERVICE REPRESENTATIVE: The Bidder shall submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for information and for the coordination of service. A contact for both regular work -hours and after - hours, weekends, and holidays must be identified. E. TIME FOR COMPLETION: It is hereby understood and mutually agreed by and between parties hereto the time of completion is an essential condition of this Contract. The goods and /services for the project must be initiated and in progress within Thirty 30 days after issuance of a Purchase Order. The Contractor agrees to being with an adequate force to have the work completed in the time period indicated. F. SAFETY AND CARE OF WORK: The Contractor shall exercise safe work practices and maintain a safe work area at all times, and shall be responsible for all damages to persons or property resulting from unsafe acts, negligence, poor workmanship, or failure to maintain a clean work -site in connection with his work under this Contract. The Contractor shall be responsible for the care and protection of all work performed until completion and acceptance. G. PERMITS: The Contractor shall be required to secure all applicable permits required to complete this contractual service. There shall be no charge to the Contractor for permits. H. CITY OCCUPATION LICENSE: If the successful Bidder is not licensed to perform work in the City of Delray Beach, the successful Bidder shall obtain an Occupational License before a Notice To Proceed will be issued. Upon notification of Tentative Award, the successful Bidder has fifteen (15) days within which to submit all documentation (insurance, Occupational License, etc.). I. INSPECTIONS: An authorized representative of the City of Delray Beach shall have the right to inspect work while in progress and at the completion thereof. After inspection, Contractor will correct any unacceptable work at no expense to the City, Bid No. 2093 -18 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) J. PAYMENT: Payments will be made on a monthly basis. Vendor to submit trip /load tickets: providing information on pick up times, dates, load weights in 1 out and net, the disposal facility, load number, driver name, and tractor /trailer number. K. INFORMATION: Any questions in regards to the Detailed Specifications of this bid shall be addressed in writing to the Public Utilities Division, c/o Victor Majtenyi, Environmental Services Complex, 434 South Swinton Avenue, Delray Beach, Florida, 33444. Any questions in regards to the submission of your bid should be addressed to Patsy Nadal, Purchasing Manager, at (561) 243 -7163. L. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from date of being placed on the convicted vendor list. SPECIAL PROVISIONS A: SPECIFICATIONS: See pages 22 thru 24. Bid No. 2013 -18 7 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this , I day of �' �� � �= 20 _�g by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Prolime Corporation (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT (S) PAGE NUMBERS Invitation to Bid 1 -6 General Notes and Special Provisions 6 -7 Bid No. 2013 -18 8 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) CONTRACT DOCUMENTS (cont'd) Standard Form of Agreement Corporate Acknowledgment Certificate Indemnity /Hold Harmless Agreement Cone of Silence Insurance Requirements Sample Insurance Form Drug Free Work Place Certification Special Provisions Bid Form (Proposal) Signed by Bidder Statement of No Bid (if applicable) PAGE NUMBERS 8 -12 13 14 15 16 17 18 -20 21 22 -24 25 -27 28 Addenda numbers 0 to 0, inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. CONTRACT term shall be for a 12 month period, with option of four (4) twelve (12) month renewal periods, not to exceed total contract duration of sixty (60) months. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: Prolime Corporation 58610 Van Dyke__ Washington, MI 48094 586-781-7070,(586-781-7078 fax) Bid No. 2013 -18 9 Water Treatment Plant Wet Lime Sludge Hauling (FY 1213) 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by -laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that Bid No. 2013-18 10 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. Bid No. 2013 -18 1 j Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: �'-% CIT' � By: City Clerk Approved as to form: City Attorney WITNESS: ri 001111 TOM f THE I 6ARO L A .14URa K 806/ E6s MGR. (Print or type name and title) CONTRA BY: Roeoer V. Rcu E� GAO /PR96JOENT (Print or type name and title) (SEAL) Bid No. 2013 -18 12 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) CORPORATE ACKNOWLEDGMENT STATE OF M 1Q41bAl�l COUNTY OF N 460ME The foregoing instrument was acknowledged before me this 24 JT4 day of N DV6 M gal, , 2012-, by 9UeC1lZT V. Ro&ORS , A2r=S (name of officer or agent, title of officer or agent), of fi�DLIMOR wRPbP- AT IU,.1 M2 (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me (or has produced identification) and has used his/her (type of identification) as identification. Signature of Person Taking Acknowledgment EILEEN C. GOSS Notary Public, State of Michigan County of Macomb My Commission Expires 11 -25 -2014 Name o cknow e g r , Printed or Stamped Bid No. 2013 -18 13 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) CERTIFICATE (if Corporation) STATE OF FLORIDA ) } SS COUNTY OF } HEREBY CERTIFY that a meeting of the Board of Directors of PROLI M ti--- CDRPnRATi nt l , a corporation under the laws of the State of �o M IGf}I 6Atil held on `iANUAR.%(' Co , ICt2.0_, the following resolution was duly passed and adopted: "RESOLVED ", thatDT V.65 as -I��Y a� D President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20 , between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation ". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this 2gr�day of �4W M OIZ. (Secretary) V. R0C IZS (Seal) Bid No. 2013-18 14 Water Treatment Plant Wet Lime sludge Hauling (FY 12 -13) INOEMNITYIHOLD HARMLESS AGREEMENT Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there -from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. Contractor's NameatuME 49R. nDtt Signature _R06EP,T v. Res Bid No. 2013 -18 15 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) CONE OF SILENCE Bidders are advised that a bidder or anyone representing the bidder cannot communicate with any City Commissioner, or any City employee, other than the City employees located in the Purchasing Department, regarding this bid, i.e., a "Cone of Silence ". The "Cone of Silence" is in effect from the date /time that the bid is placed on "Demandstar" by the City. The "Cone of Silence" will terminate upon the bid opening. However, bidders may communicate with City employees who are present at the mandatory pre -bid meeting during the actual pre -bid meeting. Once the pre -bid meeting is over, bidders may only communicate with employees of the Purchasing Division. Contractor's NameflZOD W— CORPMAT- of 1 Signature' GE'O�f�Z�Si DENT Bid No. 2013 -18 16 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) INSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of $100,000 each accident. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operations. c) Independent Contractors. d) Products and /or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. Business Auto Polic - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non -Owned Vehicles. d) Employer Non - Ownership. 4. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this bid and section and the above Paragraphs in accordance with which such insurance is being furnished and shall state that such insurance is required by such paragraphs of this contract. The successful bidder will include the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate ". Bid No. 2013 -18 7 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) Attachment I, 1 of 3 ACORD, CERTIFICATE OF LIA131LIT'Y INSURANCE -- 0RvMDff" pRQQUC9R Goad insurance, Inc. P.O. Box A -1 Best City, USA 00000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_ INSURERS AFFORDING COVERAGE NAICf- {IA.'IjNFR Willing 4,IDricers Assoc. ABC Drive Anytown, USA 60001 wsUNEN AI - POrJaI'rrNECT(yE RrsuftV8; Id>trYG wsDNERC; NstRENO: klSUFdRE- (,rWr- AA %G.4` THEF OUCIESDFINSifUWCE LISTED BELOW HAVE BEENF5 UEDTOTHPJ NSURFONAJME0ABCv LFQRT19EPOLICYFFM0 0 INDICATED. NOTWIT #STANVKG ANY RE,�UFREMBNT, TERM OR COND€TION OF ANY rONTFncr t1R OTHER OOCLwLNT WITH RES WT TO n711cH MIS CERT €FICAT'E MAY gC ISSUFn CSR MAY PERTAIN, THE IN Sl RANCE AFFORnF0 BY THE NLIC1ES DESCRFBED HEREIN IS SUAJECF TO ALLTI1E TERMS, F.XmVs1ONs AND wr rN 70N9 of SHOH FliXJUIM nGGREGATE OIATS SHOWN MAY HAVE BEEN RED€ICEn BYPNF?CLAIMS. GC6R k DELRAY BEACH, FL 33444 >r Di3a'l NUFiEER POrJaI'rrNECT(yE R— MEYLUMA -5 R Id>trYG AITTBGRI2E0 REPRESENTATPM GrAERAt WfflWrY Ewer+ocalRA�NCr: s 5 , 000 • C% JVI+LRCIUut;NewN .mRnY _ ULPC17 7 604 01/01/10 01 / 01 / 11 RJUr.i3xtAbG r7OCC.R S PERFiSNALA ALV3Nd[IRY S GETIERALAGGRECATE~ $1 , 0 GEr LA(3Cy7Er.ATF, ULUT APPUEB PE N: P14nalicys- C01A"AiaG 3 F'OIJCY M PFL0. LOC AVTaiiaRILEUAAL" 'tO.ia DSffK --Z I1WT s • A.NYANTU ALP077606 01/01/10 01/01/11 ,306;t30D HOHkY1N1JRY � ; ALL0IYNFAAHTgS SCIV"LEOAHTO, rpniapn) (7FiriILY1NJ['RY 3 NSx1- 5JYr7JCCABTPS (I'ara:citlanr] PriOFCHYYOAlAACE 3 � (F'ernmdMj OARiR6E LIABRITY -. AvT0Q1LY- P.�ACCiDENT 3 .6T1ERnM EAA= s ANYAUTO i AUfOONU', AGO EXC6RSIJVRLELLlA�UANKrnY °' ' EAL�?pC0.RFnENCE S DR QL'"s MADC OCG L....] A6pHFpATC S S UMMITLE S AFT£urrjy 3 WORK= CORFENsAnow AND yyyyO STATU- OIH- 3QflYL -� i rWPL0Y'FASUA8KM WLP077606 03/01/10 03/01/11 E.LFACNAawyar T 100 000 iwY METORMATr: ECVUVC DPrI'.EYVLtE1�/6¢R EJ(CLUHER? E,L.616LASE. EA EMi'I.OYfP= 1 100,000 R�C�IAL PoTOVIBiCl�tw�Irp' E.L.OLrF7.5E- FOJIGYt3Mrr 3 0 DINER r> EKCfiPiIONaPGPERATIOHSILaGA 'i1CN67M�H€CLEBf CXCLLSION$ AOAEO BY CilogN6[:YEHTFOPGC7AI.YRGN910Hd THIS INSURANCE APPLICABLE TO (state project) YLCITY• OF DELRAY BEACH TS AD,01TIONAL INSURED see attached endorsement. CERTIFICATE MOI MFR 1 s'"n" AGOR€J 25120U1105) Q ACORD CORPORA -noN iiS0 Bid No. 2043 -18 18 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) s DOLG MYOVTNEARQYYEDESCRIDCD Pduem uC CANCEitib KrOR;111LEMPIRAr[m CITY DELRAY A CITY O DELRAY BEACH, OATS TNES E4F, THE i a*o wskMER Yom FJTDGA'•r4R Ta i JL 30 DAYS WRIrTER 100 ,NW 1st AVENUE NOT1WT0TNE CER.TINCAT6 HOLDER K"ED TO tRS LEFT- grrTFOMURE TO Jm SO CT,.. i. DELRAY BEACH, FL 33444 ILWLIEE NO OBRMATION OR LIAIIlLffT nrAxy wNu wow iNr, Rml cit. rro AOENTs afj RE€'RE3�kTATivFS. AITTBGRI2E0 REPRESENTATPM AGOR€J 25120U1105) Q ACORD CORPORA -noN iiS0 Bid No. 2043 -18 18 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) IMPORTANT If the mtkoate adder fs as ADf3fi ONAf_ INS VRED, the policy(ies! must be endorsed. A statement on M ce finite does riot confer rishfs to the ceff ate holder in Fieu of =such endorsemon4s). If SUBROGATION IS WAIVED. subject to ftfe terms and aoriMans of the policy, certain polWes may regralre an endomerment A staternent on this Certificate dads nct confer rights to the cerfificata Molder in ilea of $L;Gh andomernent( &). UISGII..AtMER Tito Oertiftate of irtstuance on the revame side of IhN farm does not constiMe a contract betwaen the Issuing Insurer(s), authorized repr+esentattve or producer, and the cerdfcate hatdwr nor does it gtfirmmlively or napVvely amend, eAuxf or alter tfte cavwago aft -ded by the policies f€sted thereon. Bid No. 2013 -18 19 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) POLICY NUMBER: COMMERCIAL GENERAL LIA131LITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: .COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Section 11 -- Who Is An insured is amended to In- clude as an additional insured the person(s) or organi- zadon(s) shown in the Schedule, but only with respect to liability for "bodily injuryr', "property damage" or "personal and advertising Injury" caused, in whole or In part, by your acts or omisslons or the acis or ornls- slons of those acting on your behalf A. In the performance of your ongoirig operations; or 13. In conheatlon with your premises owned by or renal to you. Bid No. 2013 -18 20 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) DRUG FREE WORKPLACE CERTIFICATION WATER TREATMENT PLANT WET LIME SLUDGE HAULING Bid Noe 2013 -15 If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287,087, Florida Statutes. The drug -free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug - free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying; employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations_ 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. S) This firm will continue to make a good faith effort to maintain a drug -free workplace through implementation of this section. ` Contractor's Name PROLAI\4k 6DP_POMIL)+) Signature ZJJ _ Bid No. 2013 -18 21 water Treatment Plant Wet Lime Sludge Hauling SPECIAL PROVISIONS WATER TREATMENT PLANT WET LIME SLUDGE HAULING CITY OF DELRAY BEACH BID #2013 -18 MINIMUM TECHNICAL SPECIFICATIONS 0.01 SCOPE OF WORK Quotes are solicited by the City of Delray Beach for the purpose of establishing a qualified vendor to provide transportation of liquid lime slurry on a daily basis; estimated at one 26 ton tanker load per day. Transportation shall be from the City of Delray Beach Water Treatment Plant, located at 200 SW 7th Street, to an approved disposal site provided by the vendor in accordance with all applicable regulations or statutes. The vendor shall employ appropriate commercial licensed drivers and possess all equipment required for performance of this contract which shall include a sufficient number of large capacity leak proof tanker trailers to transport the liquid lime slurry. The tanker trailers shall include a decant - connection with a 4" male valve cam -lock fitting (for dewatering process). Hauling is presently being performed every day, six days a week. The lime slurry shall be pumped into the vendor's trailer by City's personnel, available on a 24- hour basis, 5 days a week. The vendor shall be capable of providing tractor and trailer units with drivers to haul loaded trailers from the Water Treatment Plant on a scheduled daily basis. 0.02 WORKING HOURS All work related to pumping trailers with lime slurry shall be performed during regular working hours, 7:30 a.m. to 3:30 p.m., Monday through Friday. Vendor shall provide a 24 hour contact number for the City to be able to communicate with the vendor 24 hours per day, 7 days per week. 0.03 SITE INSPECTION Bidders shall examine the loading site and fully acquaint themselves with all existing conditions for the work to be done. The vendor shall determine, by site investigation, any necessary work not specifically called for, but necessary to satisfactorily perform the services. Signature on Quotation Form will attest that the above investigation has been completed. 0.04 ESTIMATEO QUANTITY The City is estimating that 7,000 tons (annually) of wet lime slurry is currently being removed from the reactor basin at the Water Treatment Plant. This quantity is an estimate, no warranty is given or implied that this is the exact quantity that will be removed. Vendor shall be paid for actual amount removed. 0.05 EQUIPMENT All equipment used for this contract shall be in good working order and free of any fluid leaks. The vendor shall own or be sole lessee of the equipment. Vendor is required to provide trucks and for tractor - trailers with a minimum capacity of 26 liquid tons; a listing of all sludge hauling trucks, tankers, with make /model, tanker capacity, tag numbers, tanker empty weight (an official weights and measures document verifying the capacity of the vehicles) to be used by the vendor for this contract. Bid No. 2013 -18 22 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) 0.06 VENDOR'S RESPONSIBILITY Services shall be performed at dates and times designated by the City and in such a manner as not to disrupt ongoing operations. Vendor shall be held responsible for any interruption of normal plant operations due to the sole negligent or wrongful intentional acts of the vendor. 2. Hauling receipts shall be left with the City personnel on the day the sludge is removed. Receipts are to include date, time, tractor number, and disposal site, volume per tonnage, vendor's signature, and City personnel signature. The City shall inspect all incoming and out -going trailers. 3. Incoming trailers shall be clean and free of residual materials from previous hauling. If a trailer contains materials such that the effective capacity will be reduced, the vendor shall remove and clean the trailer at his own expense prior to returning the trailer to the City's site for filling. 4. The vendor shall select the authorized dumping site(s) and be responsible for payment of any and all dumping charges and shall maintain enough disposal sites as to not affect the sludge - hauling schedule. The vendor shall provide the City with proof of proper dumping by submittal of dated dumping certificates. 5. The vendor shall be responsible for the cleanup and removal of any spilled material during the removal and disposal operation. Any spillage, accidental or otherwise, which occurs at or off the facility site, shall be the responsibility of the vendor to completely remove and sanitize, and report to the proper agencies and the City in a timely manner. 6. In the event of any emergency (unscheduled services), the City will inform the vendor of the circumstances necessitating immediate corrective action and afford the vendor every reasonable opportunity to assemble the necessary forces and equipment to resolve the emergency. However, should circumstances prevent the immediate prosecution or the emergency work, the City may use other vendors. 7. Vendor will be required to perform under this contract. No assignment or subcontracting of the contract will be allowed without written approval from the City of Delray Beach, 8. Vendor must comply with Code of Federal Regulations (CFR) Title 49, Part 171 for hazardous material transportation. Vendor must have a plan in place to address the protection of the customer's property and the motor carrier's vehicles used in the transportation of hazardous materials, addressing the measures to be used to minimize /mitigate risks of theft and/or tampering of loads in their custody and control, to include but not be limited to protocols and procedures relating to the safe handling of material, loading, load tracking system, communication between drivers /dispatchers, and load delivery. In addition, vendor must provide documentation that they use drivers that possess the appropriate DOT CDL Class (or higher), are screened, and fully qualified under the requirements of CFR 49, Part 391 for the transport of hazardous material. 0.07 PERMITS, LICENSES, AND REGULATIONS All permits and licenses necessary for the performance of the services shall be secured and paid for by the vendor. The vendor shall possess appropriate credentials for the services proposed herein. Bid No_ 2013 -18 23 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) Icy &Yo];FAT EIRT91 BASIS OF AWARD Award will be made to the most responsive, responsible bidder having the lowest total offer for the specified transportation services. Whenever two or more quotes which are equal with respect to price, quality and service, are received, a quote received from a local business shall be given preference in award. Local business is defined as a business legally authorized to engage in the sale of the goods and/or services to be procured, and which certifies within its bid that for at least six (6) months prior to the announcement of the solicitation of bids it has maintained a physical place of business in Palm Beach, Broward, Dade, or Martin County's with at least one full -time employee at that location. VENDOR'S QUALIFICATIONS Reliability of the vendor's past service will be evaluated to determine acceptance of the lowest priced responsible bidder. Vendor shall have sufficient financial support, equipment, ability, and organization to ensure that they can satisfactorily execute the services under the terms and conditions stated herein. To substantiate experience, vendor shall have operated a full -time verifiable work for liquid slurry hauling services as specified herein within the past three years. Three commercial references for which you are and have performed similar services are to be provided. Vendor must have sufficient, maintained equipment to perform the work specified. Bidder shall attach a listing of all major equipment will be available for this contract. Listing shall include manufacturer, year, model, type, tanker capacity, tag numbers, tanker empty weight (an official weights and measures document verifying the capacity of the vehicles). The City of Delray Beach will determine whether the evidence is determined to indicate the ability of the vendor to perform. ALTERNATE PROPOSALS The City of Delray Beach reserves the right to consider any alternate proposal submitted that may include hauling and disposal of the lime slurry. The City further reserves the right to accept any proposal that it deems to be in the City's best interest. Bid No, 2013 -18 24 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) BID FORM WATER TREATMENT PLANT WET LIME SLUDGE HAULING CITY OF DELRAY BEACH BID #2013 -18 DATE DUE: November 7, 2012 n 71:00 AM To' City of Delray Beach Purchasing Department 100 NVV 15r Avenue Delray Beach, Florida 33444 Attention: Patsy Nadal, Purchasing Manager We, the undersigned, hereby declare that we have carefully reviewed the bid documents, and with full knowledge and understanding of the aforementioned herewith submit this quote, meeting each and every specification, term, and condition contained in the Request for Quotes. We understand that the quote specifications, terms, and conditions in their entirety shall be made a part of any agreement or contract between the City of Delray Beach and the successful bidder. [=allure to comply shall result in contract default, whereupon, the defaulting vendor shall be required to pay for any and all re- procurement costs, damages, and attorney fees as incurred by the City_ The VENDOR proposes to provide ali labor, transportation, equipment, and any other requirements for the proper transportation of lime slurry from the Water Treatment Plant as specified herein at the following cost: /y%, / liquid tort Alternate Proposal attached? iJO The City of Delray Beach reserves the right to accept or reject any and 9 or all quotes, to waive irregularities and technicalities, and to request resubmission. Also, the City reserves the right to accept all or any part of the Quote. Number of calendar days required for delivery of product after notification of award, verbal or written, shall not exceed 77 days. COMP l►ai1llll 0 (Print h DATE: COMPANY ADDRESS Acknowledge Addendum No. SWO VAQ Bid No_ 2013 -1$ water Treatment Plant Wet Lime Sludge Haufing Dated: 101311 Zal2 25 BID FORM- CONTINUED QUESTIONNAIRE - REQUIRED WATER TREATMENT PLANT WET LIFE SLUDGE HAULING CITY OF DELRAY BEACH BID #2013 -18 This questionnaire must be fully completed and returned. Failure to do so may result in disqualification of your bid. Evaluation of this questionnaire will be a prime factor in the award process. 1. Company name under which you do business:, r l2DL,. PAE Oi?(Z, QPAT-1 Ola Physical address: 53tpl D VU ID'�K6- W S41661Dt` M I 46aq4 24 -hour contact name: S Phone #: 10-5'(&O- 90"7 L't<c_,j �, G• °`i ll-7D70 EC 2. Business license # - UP��8' ; Expiration: 7A S1-ATG: aV`Fi..0P_Ut ,A T�1000 5 -774 3. 1s your company licensed by the Florida Department of Environmental Protection ?.AIA If yes, license 4 List any license, permits you hold for performing this type work: _fs�ZFK ,� 4. Is the disposal site permitted? ja If yes, permit t��-RLJIL-IVI Weather Site? Disposal site Owner's name: C NTVJV;r 9G Phone #: qGA-- *1-72Dp Address / location of disposal site: D�- X3023 5. Bidding as an individual:_; a partnership: —;a corporation: f ; a joint venture: 6. How long have you been in business offering lime slurry hauling services? 22-4 years i. Number of employees presently on your payroll? � Subcontracted employees? Al& 8. Name of person supervising this contract ano their experience? QopE:e T V. , c- e5 9. Listing number and types of equipment to be used for this contract: TR�G P_c-, AN- TANKTPAILDeL AW Atm Aug. Svppog-, 10. List' and number and type of equipment you propose to rent/lease for this contract: �ni_IMC-_ 6\kf�3 <-, Alm_ 1�-=:00LPM 11. Have you ever failed to complete Work? ND If yes, provide location and explanation: _ Bid Tao. 2013 -18 Water Treatment Plant Wet Lime Sludge HauSing 26 DID FORM- CONTINUED REFERENCES - REQUIRED WATER TREATMENT PLANT WET LIFE SLUDGE HAULING CITY OF DELRAY BEACH BID #2013 -18 List three commercial references for similar services your firm has performed within the past three years: 1. Company Name: IOA PbW L.16RT W aT COUt�1T'r Y C. Address. 20505 _—_,`tATl� Contact Name/ Title: T_ ViD AV'V'E I Phone #: L T' c_._ r �Ij 61 MT 2 � Project Identification /Description: aLgg ce,E2nADN/4t_ p N�F�cc�►, �EC�S�, r Dates Performed; M AV 2-009 - G 2- Q 0 2. Company Name, G rTY or �JAPL-✓6 address: -735 8 -r44 r REE T t 1 N Contact Name/ Title: Phone #: C2 0213 iF 2- W T�-12. F2oca +xi � i S� 2 Project Identification /Description: +�AuL_ N G /t7iS L- WAIjE-=e i_t NA C_�- SL LX, Dates Performed: DN, Gdl n1C- 3. Company Name: G ITY MAQ60 ISLAM.) Address: E�IAL-P 17 iVa MARCO 15LAfJa n_ a4145 Contact Name / Title:JAGX Phone #: (21�t) �2,� QL; Project Identification /Description: QE61 Du.h t_.... t-A M E Qgi~✓ QqA L A N C� RE O.;e t^'RowN ul'' ( Dates Performed: OK -C,0i NCB VENDOR. .P90LL M6 60WDa rfD . Bid No. 2013 -18 27 Water Treatment Plant Wet Lime sludge Hauling CITY OF DELRAY STATEMENT OF NO BID Bid # 2013 -18 WATER TREATMENT PLANT WET LIME SLUDGE HAULING If you are not bidding on this service /commodity, please complete and return this form to: City of Delray Beach Purchasing Department, 100 NW 1 st Avenue, Delray Beach, Florida 33444. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Delray Beach. If you are not bidding on this service /commodity, please complete and return this form to: City of Delray Beach Purchasing Department, 100 NW 1st Avenue, Delray Beach, Florida 33444. * *Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Delray Beach. VENDOR NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: Minority Owned Business: ❑ Black ❑ Hispanic ❑ Woman ❑ Other We, the undersigned have declined to bid on Bid No. 2013 -18 due to the following reason(s): Please Check below: ❑ Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) ❑ Insufficient time to respond to the Invitation to Bid ❑ We do not offer this product or an equivalent ❑ Our product schedule would not permit us to perform ❑ Unable to meet specifications ❑ Unable to meet bond requirements ❑ Specifications unclear (explain below) ❑ Other (specify below) Remarks /Other: SIGNATURE: Bid No. 2013 -18 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) DATE: 28 '4� �h® CERTIFICATE OF LIABILITY INSURANCE ii; ;2o° 2 "' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policylies) must be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Griffin, Smalley and Wilkerson, Inc. 37000 Grand River Avenue PO $OX 2999 Farmington Hills MI 48333 -2999 CONTACT Angela cZ e5 NAME: y PHONE (248) 471 -0970 P4fC Nn: (248)471 -0541 E-1i ADDRESS: y es @ ama gswins - cam INSURER S) AFFORDING COVERAGE NAIC9 INSURER A: Travelers LIMITS INSURED ProLime Services LLC 58610 Van Dyke Washington MI 48094 INSURER H : INSURER C: INSURER P: INSURER E: $ 1,000,000 INSURER F : X COMMERCIAL GENERAL LIA51LITY COVERAGES CERTIFICATE NUMBER:2012 -2013 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE Ti EXCLUSIONS AND CCNDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ]NSR LTR TYPE OF INSURANCE POLICY NUMBER MI0r41DLIDY EFF MI�P EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIA51LITY DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 A CLAIMS -MADE I—XI OCCUR DTC0401BM941 /21/2012 /2112013 MED EKP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - CCMPIOP AGG $ 2,000,000 POLICY X PRO- LOC $ AUTOMOBILE LIABILITY CDMMNED SINGLE UMrr Eaaccidern 1,000,000 BODILY INJURY (Per person) $ A ANY AUTO ALL OVbNED SCHEDULED AUTOS AUTOS DT810338GIB72 /21/2012 /21/2013 BODILY INJURY (Per accidents $ PROPERTY DAMAGE Per accident $ NON - OWNED HIRED AUTOS AUTOS Uninsured rmtorist combined $ 1 000 000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 /y EXCESS LIAB CLAIMS -MADE DIED I X RETENTIONS 10,00 $ UP40IM4941 /21/2012 /21/2013 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORlPARTNEFUFXEGUTIVE X WC STATU- CTH- T I G ER EL EACH ACCIDENT S 500 000 OFFICEWMEMBER EXCLUDED? ❑ (Mandatory in NH) N I A TAUB4018M94 /21/2012 /21/2013 E L DISEASE - EA EMPLOY $ soi 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 3_000,000 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (Attach ACORD 1 ❑1, Additional Remarks Schedule, if more space is required) RE: ITH No.: 2013 -18 Water Treatment Plant "Wet Lime Sludge Hauling" City of Delray Beach is Additional Insured on the General Liability policy with respect to liability arising out of the ongoing operations performed by the Named Insured on the named Project, as required by written contract. CERTIFICATE HOLDER CANCELLATION City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATNE Provo /AMAY ACORD 25 (2070105) 01988 -2010 ACORD CORPORATION. All rights reserved. INS026 (201005),01 The ACORD name and logo are registered marks of ACORD Additional Named Insureds Other Named Insureds Pine view Mining & Development LLC #38- 3538911 Limited liability company ProLime Corporation #38- 2909859 Corporation I OFAPPINF (0212007) COPYRIGHT 2007, AMS SERVICES INC Policy Number: DTC04018M941 coMMERCtALGE dERAL LIAM1.1W THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ rr CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This andoraament modifies klcttrence pratrided under Ilse follt>*nd COMMERCIAL GENERAL LIABILFY COVERAGE PART t. Z. WHO is AN INSURED - {Sadim IQ is amended to Include Any parson or organization that you ogrea In a 'written coalracl tbgWrirlg Insurance' to Include as an additionw instood on thld Cover- age Parl, but �j O.* wli)s'respect to kZNafy br'h-x2Y klrw. "properly dxnage or'perumal Injury , and bI If, and only to Ow eadent that, the ttjury or damage Is caused by acts yr t rr issions of you Or Y43ur&7cortrartr5r In the prxfarmw= of "your wodr' to which the "written contract raquidM Insurance" applies. The person or arganit6cn dose not gnaldv ae as adaifianal Insured %4th iA5pad to the Independent acts ar omlwi= or sudr person or organbtafta, The insumnag pmvided to the aftrtional IttsurW by this endorsement Is limited as toltows: s) In the event Mal the LBrtits or Insrrartc:r} of this Coverage Part thOv n In the Declsretiona exceed the limits of gaN Ry required by the "wrtttan contract requiring insurance, the hr surarj a prorlded to the addRlonal Intatrud shall he limrfad to the amps or linU fty re. silted by tirrd'Wtien carrtlrrrd rogLddrtg ln- mance". This endorsetnent altos not in- cgVasa Ilse limos ff( Irmumam described in soma III - Limits Of k&nnoe. b) The irauratrce provided 0 the additional in. sired does not apply to "bodily GtJury`, "prop• nrty damage' or "personul injury' arising out of the rendering of, err fallura to render, any prniassianei ardtitectural, englrme8rtg or sur, vayiag sstvlces" Including; L The preparing, approving, or faohtg to w=re or approve, maps, shop draw - Ings, 4pinlons, reports, suryuim. field nM1 dens or cbange orders, or the prrparing, approving, or felling Io prepu,a or ap- prove, drawings act, aped5cetiansc arld fl. gupeMsory, iruperlien, architariural cr angirtsettng Acllveti es, C) The insurance provided Lo the addld mC in. aunad does not apply to 'hadtly Injury' or 'property damage" oausnd by 'yotwr wade" AM deluded in the 'prodWAS-coenptefed op- $ra om hazard' unless the %vfhsn =itma rwp tg insurance'. spadflcalhr requires you to provide SUCK aovaraga for I W addNooal insured, recd their tha inwirance provided to ttm additional Insured applies only to such "bait injur or "property damage" %M oc- curs before [Eta and a the period of time For wttlrh the %witten contract requiring Incur - anca' roqulres you to provids such wvamge or the std or the policy period, whirtrever is earlec L The Insurance provided to the adldiGa W Irmovd by this endorsement Is entcesa aver ant valid and eopectible 'other insurance ", wheftr primary, excess, contingent err on any other bests, that is avallebty to the additional Insured for a loss we [over under this end —r-nt- However, V the % ttton contract raquldng Insurance` sp'acitlaally lequhes that this Insurance apply on a primary basis or a prinnary and nnrHxw*tbntory basis, lhria ktarremm la primary to `i lhcr Insurance" avallaWs, to the additional insured which covers ttt=t parson or arganizat)on as a named marred for Vich loss, soil we will not share Yd1h that 'other Insurance', But the htsurance provided to M add UMI- insured by this andammant atilt is excess over MY Valid rind collect able 'ether in- surance', whatharTrtmary, excess, coWngent or am art;+ rdltar t^Sla; 1h9t Is s .RIA0e -_:the addr.. tioral insured whn t=ot person or organization Is an addoonal insured under strut 'Sothet insur- anrP'. 4. As a cnrdium of roveEw provided io the additional: Insured by this endorsertnerk ■I Tire addffilanal kmxmd must give us wdttGn WNW as soon act praoifasbie or an 'accar. tente err an iitt@DW Which may result In a dalm. To the extent possitte, such notice shouldlndudm CC DI 44i 111109 0 2005 The tit, Paul Travelers Companies, Ina PACO 1 of 2 Policy Number: ©TC04918M941 COMMERCIAL GENERAL LIA ITY L How, when and where the 'o=mnnoe' or of arkse took place: 1 The maws arW adds ws of any irOad persons and witnesses; and IN. The nature and location of any injury or dantage arising out of the "=A mice" or offense. h) If a claim is made or "sue" is brought against the additional iMVrod. the addtganai IASUMI must: L lmmediataly record the spoc38rs of the claim cr Isuii" and the date received; and rL Naft us as soap es prenticable, The additional lasurad must see to It that we raceivr yvribi n nature -of the elnim or',stllr' On sonrl a;�'pradieabie, G) The Additional Inswed twist Immediately raw us Copies of all legal papers received is cormection With the dWm or "Sant', wooesate wish as in the inveftation or settlement of the claim or dafanse against ttta "suit°. and otherwim comply with aI policy conditions. d4 The additional Irrcured must tender the de- fense and Indemn4 of"d■tm or'auiC to airy provider of "other insurance' which would cover the additional Irwiffid for a bas we cover Under this endorsement. However. this oondilion does not effect whatnar rho lasur- ance provided to the, adirWonef iusumd by this endorsement Ig primary to `other insur- ance avallabla to the additional Inuffed whkb covers that person or onpanizakbn as a named irmured as described in paragraph 3, above. S. The following deft Won is added to SECTION V. — DEFINITIONS: 1f+httian contract requiring Insurance" smarts Mat part of Wry written Contract or sgraarnern under which you are required to income a parson or organlzaliran as an addfitosal in- sured an tuts coverage Part. provided that the lbodly ]natty" and "property damapa" ac, cuts and the "peraanal injury" is causiA by all Offense cOn ni ltod: a. After tho slpnkiii end Execution of the cantma or agneemefit by you; k Whila 81at part of the cantrad or a grewmant to in etfud; and C. Refam the end of the Pokey period, Page 2 of 2 0 ZOQS The SL Paul Travalem Cornpanlar, Irtc, Cr. 02 dd OR 05 Sara MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: June 12, 2013 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF JUNE 18, 2013 HOUSING REHABILITATION GRANT/ CONTRACT AWARD FOR 513 S.W. 15TH AVENUE ITEM BEFORE COMMISSION Approval is requested for one (1) NSP Housing Rehabilitation project to be awarded to the selected general contractor for acquired NSP properties for the total amount of $31,941.00. BACKGROUND On September 23, 2011, the City publicized a Request for Proposal (RFQ 01 -2012) to obtain general contractors to provide rehabilitation services for NSP properties. At the December 6, 2011 regular meeting, the Commission approved a list of companies which were determined to be qualified to provide services for rehabilitation and construction. Project awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. Total rehab cost may include lead inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees, if applicable. Additional cost may be incurred for lead clearance test(s). The contingency may be used for change orders and all unused funds will remain with the NSP Housing Rehabilitation program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Divisions. Contracts are executed between the building contractor and the City. The City remains the agent and this office and housing inspector monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and City representative's signature ensuring all City approved Policies and Procedures have been adhered to. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations prior to resale. Detailed work write -ups and individual case files are available for review in the Neighborhood Services Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded on a rotating basis to the approved contractors, as a result of a formal bid process. The following housing rehabilitation project to be awarded to the selected general contractor for the rehabilitation is: Property Address Contractor Rehabilitation Cost 513 SW 15th Avenue C J Contracting, LLC $31,941.00 FUNDING SOURCE Neighborhood Stabilization Program 118 - 1935 -554 -62.12 RECOMMENDATION Staff is recommending the approval for one (1) Housing Rehabilitation project to be awarded to selected general contractor for the total amount of $31,941.00. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET Bid # 05- 2013NS PROJECT ADDRESS: 513 SW 15th Avenue DATE OF BID LETTERS: May 15, 2013 DATE OF BID OPENING: June 11, 2013 GENERAL CONTRACTORS All Phase Roofing & Construction, Inc C J Contracting, LLC Stacy Bomar Construction LLC In -House Estimate: RECOMMENDED CONTRACTOR: BID /CONTRACT AMOUNT: Contingency: 5% BID AMOUNT BID BOND $31,941.00 FUNDING SOURCE: DCA- Neighborhood Stabilization Program Account # 118- 1935 - 554 -6712 COMMENTS Staff recommends oroiect to be awarded to the lowest responsive bidder. Revised 1217110 FFM (-: O C C { v c C: kL! c Q Ct � L F Z 6i o = LLJ F z E u) Q a j w w U -y w Q o aCl o Lv en m m E v � 07 O O - C._ L ) o Lu � `u 67 m C CL C Z Q � 0 U O C 4 C7 C> 0 0 CJ CU p 7 Q C) O 0 C7 0 O 0 G 0 O 0 O 0 O M t7 N C7 Q 0 Q O O C) O O O o O O O C) O �Y) (1) p 4 0 N o Z CD N o C] O O Lo O Q LO O OD LO LO N O LO Cfl LO LC> N 4 lO 0 Lo O U r) LO m LO r- Lo r- kL! 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C�3 F/} fF} 69 64 ER ER 64 di Et? 64 fA EH EPr E9 d3 69 69 O [o Iw c c U c) N LL d N � C — -U C 0 2� i 6.1 O O U) m 00 N Z3 � Q 4 U 7 LL LL LL ❑ O O U >_ L6 `1 � LL U 2 -p C O O O -D C O O Q) U.. LL L N L [� p1 � Cr- a F— Q m y7 p ❑ p © ❑ Y t Cn [� � OL O) — U J to O U U ~ E LL Ol Co 2 O .,..I O .` cC6 o m m N N a O a° U j m •-' O m U .� •�-- v ai v Q] to Q E�MUU �i ¢`� ❑`L� m— o m Cr) o a) LIJw U U vw 4i -09 �� v m m CL Q CL n m Q Q o ro CL Q FU f}3 (D U O D7 O CO CO N N E N O F O Z �� af � U� C C C' F LO C2 C2 O N —I- 171-1- 1 N N N N N N N C> MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: June 12, 2013 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF JUNE 18, 2013 HOUSING REHABILITATION GRANUCONTRACT AWARD FOR 808 S.W. 3RD COURT ITEM BEFORE COMMISSION Approval is requested for one (1) NSP Housing Rehabilitation project to be awarded to the selected general contractor for acquired NSP properties for the total amount of $26,775.00. BACKGROUND On September 23, 2011, the City publicized a Request for Proposal (RFQ 01 -2012) to obtain general contractors to provide rehabilitation services for NSP properties. At the December 6, 2011 regular meeting, the Commission approved a list of companies which were determined to be qualified to provide services for rehabilitation and construction. Project awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. Total rehab cost may include lead inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees, if applicable. Additional cost may be incurred for lead clearance test(s). The contingency may be used for change orders and all unused funds will remain with the NSP Housing Rehabilitation program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Divisions. Contracts are executed between the building contractor and the City. The City remains the agent and this office and housing inspector monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and City representative's signature ensuring all City approved Policies and Procedures have been adhered to. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations prior to resale. Detailed work write -ups and individual case files are available for review in the Neighborhood Services Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded on a rotating basis to the approved contractors, as a result of a formal bid process. The following housing rehabilitation project to be awarded to the selected general contractor for the rehabilitation is: Property Address Contractor Rehabilitation Cost 808 SW 3rd Court C J Contracting, LLC $26,775.00 FUNDING SOURCE Neighborhood Stabilization Program 118 - 1935 -554 -62.12 RECOMMENDATION Staff is recommending the approval for one (1) Housing Rehabilitation project to be awarded to selected general contractor for the total amount of $26,775.00. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET Bid # 05- 2013NS PROJECT ADDRESS: 808 SVV 3rd Court DATE OF BID LETTERS: May 15, 2013 DATE OF BID OPENING: June 11, 2013 GENERAL CONTRACTORS All Phase Roofing & Construction, Inc C J Contracting, LLC Stacy Bomar Construction LLC In -House Estimate: RECOMMENDED CONTRACTOR: BID/CONTRACT AMOUNT : Contingency: 5% BID AMOUNT BID BOND $26,775.00 FUNDING SOURCE: DCA- Neighborhood Stabilization Program Account # 118 -1935 -554 -62.12 COMMENTS: Staff recommends project to be awarded to the lowest responsive bidder. Revised 12!7110 FFM C C O C Cfl 4 U C N v U3 � C Cr l Ll H C D cc U h- Z LLF C J P � U U C O F- ,Q U O ca c6 o a LLI N a o m o v E m m U cn N 7C3 ra O E C c o D O W N n L 61 m L O CL C) Z Q V fa co O U) C.) 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BACKGROUND The property owner would like to install a hedge within the right -of -way on SW 8th Avenue (and along Sundy Avenue) to meet the landscape requirements for screening the existing board -on -board fence. The owner was cited for erecting a fence on her property without a permit. She has filed for the proper permitting so that she can come into compliance with our codes. The owner has agreed to maintain the plant material for perpetuity and has submitted a signed City of Delray Beach Landscape Maintenance Agreement. The proposed plant material is not substantial and can be removed easily if the need occurs. RECOMMENDATION Staff recommends the City Commission give favorable consideration to the owner's request to install the proposed plants in the City right -of -way by executing the Landscape Maintenance Agreement. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1 st Avenue Delray Beach, FL 33444 LQe, �scoi)_ LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made this all day of _ z`: _ , 24�_ by and between the City of Delray Beach, Florida ( "City ") and - . - ( "Owner "). WITNESSETH: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and, WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be allowed to install landscaping material in the right -of -way of pursuant to the terms of this Agreement; and, WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any other type of abandonment by the City of the public right -of -way of and, WHEREAS, the City reserves the right at any time to utilize the right -of -way for right -of- way purposes; and, WHEREAS, the public will benefit from the beautification of areas along its streets by the addition of landscaping; and, WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of the landscaping. The subject property, further described in Exhibit "A ", shall have an approved landscape plan, Exhibit "B ", attached hereto and incorporated herein by reference. 3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. Owner shall further be responsible for obtaining all permits and approvals from all applicable governmental agencies. 4. The Owner hereby agrees to maintain the plantings in the right -of -way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The Owner shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and /or cut the grass to a proper height; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original plans and specifications and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscaped areas in the right -of -way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 2 5. If at any time after the execution of this Agreement by the Owner, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner shall have a period of thirty calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a) Maintain the landscaping or part thereof, and invoice the Owner for expenses incurred. (b) Terminate this Agreement and require the Owner to comply with the City's current Ordinance on landscaping. (c) Cite the Owner for failure to comply with the City's Ordinances. 6. At all times hereto, the Owner shall own and maintain all landscaping installed in the right -of -way by the Owner. 7. If for any reason the City decides that it needs the right -of -way of or for any other public purpose this Agreement shall terminate, and the Owner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. Owner shall remove all landscaping from the right -of- -way within 20 days of such notification, if so requested by the City. 8. The Owner shall indemnify and hold harmless the City, its officers and employees from all suits, actions, claims and liability arising solely out of the Owner's installation and maintenance of landscaping in the City's right-of-way. 9. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 10. This Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. 11. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 3 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of ATTEST: City Clerk Approved as to legal form and sufficiency: City Attorney 200_. CITY OF DELRAY BEACH, FLORIDA WITNESSES: (OWNER) (Print or Type Name) G �2 (Pri t or Type Name) STATE OV COUNTY OF (Print or Type Name) , Mayor The foregoing instrument as acknowledged before me this day of 20V, -5", by fG',��,�'f7 , as (name o officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) coloration, on behalf of the corporation. He /She is personally known to me or has produced � =GALS, (type of identification as identification. " URA D. THOME Si ature of Person Taking Acknowledgment Comi-ilission #t DD 885504 Expires July 22, 2013 , BoodedThi ❑Tm! ?F�inInSUCICe80n- 3p5 -7u1.A L Name Typed, Printed or Stamped 4 w ox �W �� z Hs o as � �o a e� �o x� � �� W �� A za a �1 w � °H � Qo W N� a °zv � ¢a � a� Wx � o °p � x� �a W xw �� 0 �o �w Fa o¢ ti W 2 U � o O� W a J�Gg z n a � a �yail i }111 O � n a � 0 6 O 3� o El awg p 9A �0 9� N w W �i"sy 2 1 F r iV j 2 rJ v a mrn n- I I � d y^ O 5 f a w V a Q p z ~� pp Z <d I � ��i a 0 v 1 �Op O = N o �w 000 O 0000 03 C yy0p Ci W a Cu7y �k7 wN �w NN ti W 2 U � o O� W a J�Gg z n a � a �yail i }111 O � n a � 0 6 O 3� o El awg p 9A �0 9� N w W �i"sy 2 1 F r iV j 2 rJ p y^ O 5 a a Q i PH pp Z <d ��i 0 FFFF �Op 000 O 0000 yy0p Ci W a Cu7y �k7 wN �w W W FF p o U ��s FFF H� LEI � 6 to MEMORANDUM 'A Z TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: June 11, 2013 SUBJECT: AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF JUNE 18, 2013 MODIFICATION #4 TO SUBGRANT AGREEMENT/NEIGHBORHOOD STABILIZATION PROGRAM (NSP) ITEM BEFORE COMMISSION Approval is requested for Modification No. 4 of the Neighborhood Stabilization Program (NSP) 1 Grant Agreement I ODB- 4X- 10- 60 -02 -F 10 to extend the contract ending date to December 31, 2013. BACKGROUND The City of Delray Beach NSP -1 Subgrant Agreement with Florida Department of Community Affairs (DCA) was executed on February 5, 2010. This modification will extend the contract ending date from August 15, 2013 to December 31, 2013 to allow for closeout instruction from HUD and the opportunity to expend remaining available grant funds. RECOMMENDATION Staff is recommending Modification No. 4 of the Neighborhood Stabilization Program (NSP) 1 Grant Agreement IODB- 4X- 10- 60 -02 -F 10 to extend the contract ending date to December 31, 2013. Department of Economic Opportunity — Neighborhood Stabilization Program Modification to Subgrant Agreement 10/1/2011 MODIFICATION NUMBER IODB- 4X- 10- 60 -02 -F 10 TO SUBGRANT AGREEMENT BETWEEN THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND CITY OF DELRAY BEACH This Modification is made and entered into by and between the State of Florida, Department of Economic Opportunity, ( "the Department "), and City of Delray Beach, ( "the Recipient "), to modify DEO/DCA Contract Number 1ODB- 4X- 10- 60 -02 -F 10, award dated February 5, 2012 ( "the Agreement "). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrant of $1,905,005.00 to Recipient under the Neighborhood Stabilization Program ( "NSP ") as set forth in the Agreement; WHEREAS, the Department and the Recipient desire to modify the Agreement; WHEREAS, pursuant to the provisions of Chapter 2011 -142, Laws of Florida, the DCA Division of Housing and Community Development was transferred to the Department of Economic Opportunity effective October 1, 2011; and the parties wish to reflect the new name. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: ❑ Reinstate Agreement 1. The Agreement is hereby reinstated as though it had not expired. ® Extend Agreement 2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of December 31, 2013. ❑ Revise Activity Work Plan 3. The Attachment , Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment Activity Work Plan section, which is attached hereto and incorporated herein by reference. ❑ Revise Program Budget and Scope of Work 4. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. Department of Economic Opportunity — Neighborhood Stabilization Program Modification to Subgrant Agreement 10/1/2011 Modification Number: 4 DEO/DCA Contract Number: IODB- 4X- 10- 60 -02 -F 10 Recipient: CITY OF DELRAY BEACH Page 2 ❑ Change in Participating Parties 5. The Attachment A, Program Budget section, is hereby modified to delete all references to "(Type in name, if applicable.)," as the Participating Party, and replace them with "(Type in name, if applicable.)" as the Participating Party with the understanding that the Recipient and the new Participating Party will enter into a Participating Party Agreement containing provisions and caveats that meet or exceed the conditions agreed to in the Participating Party Agreement between the Recipient and the original Participating Party. ❑ Inclusion of an Unmet Need as Addressed in the Original Application 6. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. 7. The Attachment , Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment Activity Work Plan section, which is attached hereto and incorporated herein by reference. ❑ Change in Number of Accomplishments and /or Beneficiaries 8. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. ❑ Reflect Change in Agency from DCA to DEO 9. This modification to the Subgrant Agreement hereby replaces "Department of Community Affairs" with "Department of Economic Opportunity" where appropriate in context. ❑ Other: (Type in the reason for the modification.) Department of Economic Opportunity — Neighborhood Stabilization Program Modification to Subgrant Agreement 10/1/2011 Modification Number: 4 DEO/DCA Contract Number: IODB- 4X- 10- 60 -02 -F 10 Recipient: CITY OF DELRAY BEACH Page 3 All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. Department of Economic Opportunity UZ Name: Ken Reecy Title: Assistant Director Division of Community Development Date: Recipient: City of Delray Beach By: Name: Cary Glickstein Title: Mayor Date: Department of Economic Opportunity — Neighborhood Stabilization Program Modification to Subgrant Agreement 10/1/2011 Instructions for Completing the Modification to Subgrant Agreement Form. Use the "Tab" key to move from one field to the next. "Shift Tab" lets you move backwards. 2. Type in the Modification Number in the three fields where it asks for the number. Type in the Contract Number in the three fields where it asks for the number. 4. Type in the Local Government Name in the five fields where it asks for the Recipient. Type in the Date and Subgrant Amount in the fields on the first page where it asks for the information. 6. Move the cursor to the appropriate box(es) to indicate the modification(s) being requested. Left "click" on the box and an "X" will appear, indicating that the section is being modified. 7. If the modification seeks to extend the end of the subgrant, type in the new date on the appropriate line. If the modification makes changes to the "Participating Parties," type in the names where indicated. 9. If the reason for the modification is not one of the seven common reasons, put an "X" in the check box before "Other" at the bottom of the second page and then tab to the form field and type in the reason. 10. On page 3, type in the name of the person signing the modification and the person's title. The date must be hand written. (The person signing the modification must have signature authority.) 11. Submit two originals of the modification along with the required supporting documentation. MEMORANDUM TO: Mayor and City Commissioners FROM: Vincent Nolan, CEcD, Economic Development Director THROUGH: Louie Chapman, Jr., City Manager DATE: June 13, 2013 SUBJECT: AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF JUNE 18, 2013 INTERLOCAL AGREEMENT/ CRA: DELRAY BEACH MICROENTERPRISE PROGRAM ITEM BEFORE COMMISSION Approve an Interlocal Agreement with Community Redevelopment Agency to establish the Delray Beach MicroEnterprise Program and to adopt the Program Guidelines for the CRA and City Non - CDBG MicroEnterprise Loan Funds. BACKGROUND The City Economic Development office, the CRA and the Neighborhood Services Division of Community Improvement have been collaborating for some time on the development of a MicroEnterprise Program for the benefit of our local small business community. In concert with CRA Board Attorneys and the City Attorney, the Neighborhood Services Administrator and I have crafted the attached Interlocal agreement which outlines the services provided by and funded by both entities. The intended result of implementing this program is to provide funding and technical assistance training for small businesses in the community that might otherwise have difficulty raising necessary capital for business expansion through traditional lending channels. This will be accomplished through budgeted allocation of $100,000 of CRA Economic Development Incentive funds. The CRA funds will be complemented by $125,000 of Community Development Block Grant funds and $25,000 from the City's general fund. The aggregate amount of $250,000 will be divided between actual loan funds, technical support services and administrative expenses as follows: CDBG CRA Ci!Y Loan Funds 100,000 50,000 25,000 Technical Assistance 25,000 25,000 Administration 25,000 As consistent with HUD's CDBG requirements and established CRA goals, the target areas served include our lower income residents and minority business owners, including the West Atlantic area and Osceola Park. Using this tool, we hope to achieve new job growth in those areas and elsewhere in the City, while improving the business management skills of our local small business community. It may be noted that $25,000 from the CDBG allocation and $25,000 from the CRA budgeted amount will be designated for technical assistance services to prospective business participants. Once the Interlocal Agreement is approved by the CRA Board and the City Commission, Staff will participate in the drafting of an RFP for these outside services. The technical assistance provider will ultimately work with prospective borrowers on general start-up workshops, as well as counseling on business management skills such as: business strategic planning, market assessment, financial management, marketing strategy development and linking borrowers to additional resource providers. The Program Guidelines attached are similar to (but slightly less restrictive than) the guidelines recently adopted by the City Commission at its May 7, 2013 meeting for the CDBG portion of the program. Both outline the creation of a five - member advisory board with three members appointed by the City Commission and two members appointed by the CRA Board. The advisory board will guide staff in specific program development, loan review and future budget preparation. Members of the advisory board will represent banking, legal and accounting professions, in addition to one community representative. Loans made from CRA funds will be submitted to the CRA Board for ultimate approval. Loans made through CDBG or City general funds will be submitted to the City Commission for ultimate approval. With the establishment of a professional advisory board, it is anticipated that the City Commission and CRA Board approvals will be more of a formality. FUNDING SOURCE 001- 1212 -559 -49.59 (General Fund: $25,000) and 118- 1966 -554 -83.01 (CDBG: $125,000). RECOMMENDATION Recommend approval of the Interlocal Agreement with the Community Redevelopment Agency for the creation and funding of the Delray Beach MicroEnterprise Program, and adopt the Program Guidelines for the CRA and Non -CDBG MicroLoan Fund. PROGRAM GUIDELINES Delray Beach CRA & City of Delray Beach Non -CDBG MicroEnterprise Loan Fund 100 NW 1St Street Delray Beach, Florida 516- 243 -7280 ProgramMission ........................................................................................................ ..............................2 ProgramObjectives .................................................................................................... ..............................2 Scopeof Services ........................................................................................................ ..............................2 FundingSources ......................................................................................................... ..............................3 Small Business Loan 3 EligibleApplicants ....................................................................................................... ..............................3 IneligibleApplicants .................................................................................................... ..............................4 EligibleActivities .......................................................................................................... ..............................3 IneligibleActivities ....................................................................................................... ..............................4 Administrative Procedures ......................................................................................... ..............................5 OversightCommittee .................................................................................................. ..............................6 QualifyingFactors ........................................................................................................ ..............................9 Securityand Collateral ................................................................................................ .............................10 Loan Closing Procedures ............................................................................................ .............................11 Filing and Loan Documentation ................................................................................ .............................12 Payment and Collection Procedures ......................................................................... .............................12 ReportingRequirements ........................................................................................... .............................12 -I aA a PROGRAM MISSION The mission of the Delray Beach MicroEnterprise Program is to help businesses develop, so that they can create or retain jobs that will principally benefit low to moderate - income persons. The program provides technical and financial assistance to entrepreneurs that demonstrate the ability to create new jobs, or retain existing ones, as a result of their participation in the program. We offer loans and technical assistance services to entrepreneurs and small business owners. The program is intended to work with local banks and form strategic partnerships focused on building creditworthiness among small developing businesses. PROGRAM GOALS AND OBJECTIVES The objectives of the Delray Beach MicroEnterprise Program are to: A. Create new permanent jobs for local (primarily low- and moderate - income) persons by providing low interest loans to small- and minority -owned businesses B. Increase the per capita income and tax base of the City of Delray Beach C. Encourage private investment that will expand local business activity D. Redevelop and /or recycle slum, or blighted or vacant land and facilities throughout the City, including, but not limited to the Delray Beach Community Redevelopment Area E. Assist businesses owned and /or operated by women, minorities, or other persons economically disadvantaged F. Provide technical assistance to the MicroEnterprise Loan clients in the areas including, but not limited to, the following: • Analysis of Performance • Preparation of Budget Reports • Examination of Pricing Structures • Sales Analysis • Personnel /Staffing • Payment of Payroll and Other Taxes • Business Networking and Market Development • Bonding and Insurance; and • Self- esteem SCOPE OF SERVICES Through the MicroEnterprise Program financial assistance and technical assistance will be offered to small businesses located within the Community Redevelopment Area and other areas within the City of Delray Beach. A separate loan fund, with independent guidelines will address businesses located in the Community Development Block Grant target area. CRA funds may only be disbursed to individuals or businesses located within the Community Redevelopment Area. Funds allocated by the City of Delray Beach from the City General Fund may be used anywhere in the City of Delray Beach. Business owners and entrepreneurs will also agree to accept any additional required technical assistance courses based upon the recommendation of the Program Administrator, the Economic Development Director and /or N the Oversight Committee. The Economic Development Director, the Program Administrator a (Neighborhood Services Administrator) or other qualified professional group(s) or individual(s) may provide technical assistance as necessary. FUNDING SOURCE The Micro Enterprise Loan Fund is funded through the Delray Beach Community Redevelopment Agency (CRA) and the City of Delray Beach General Fund. Loans are subject to fund availability. LOAN TERMS • Maximum Loan Amount: $25,000 • Minimum Loan Amount: $2,500 • Repayment Terms cannot exceed 7 years • Interest Rate will vary between 2% and 5 %, as determined by the Oversight Committee; and • Loan must be fully secured. ELIGIBLE APPLICANTS Applicants may be an individual, corporation, partnership or other legal entity organized or operating as a for profit business. For loans funded by the CRA, the business must be located within the Delray Beach Community Redevelopment Area. For loans funded by the City of Delray Beach General Fund, the business may be located anywhere within the City limits. Additional eligibility criteria shall include, but not be limited to, the following: • Credit worthy, commercial and industrial property owners or tenants who are able to document the need for CRA or City Funds. Applicant must demonstrate a complete need for financing and /or financing gap and that receiving this assistance will create, expand, or improve the business. • Start -ups of small businesses with a minimum 10% cash equity injection Applicants can apply to receive more than one loan under the Delray Beach MicroEnterprise Program, as long as they are not funded by the same source and the business reflects adequate cash flow for repayment. INELIGIBLE APPLICANTS A loan will not be made to businesses or persons with unsatisfactory credit, delinquent taxes or other liens. Ineligible applicants also include: CRA employees and their immediate family members; Neighborhood Services Division (NSD) employees and their immediate family members; and Oversight Committee members and their immediate family members. The loan application shall require that applicants must disclose if they are related to any party reviewing or approving the loan application. City of Delray Beach employees not employed with NSD may apply for funding through this program. M aA c� a QUALIFYING FACTORS Loan packages must meet at least one of the following objectives: 1. Create or retain jobs for low and /or moderate - income persons; 2. Aid in the prevention or elimination of slums or blight; and 3. Alleviate urgent need Loan applicants and their business ventures must also meet the following criteria: • Must evidence a financing gap • Must evidence reasonably sufficient collateral and security • Must inject 10% percent owner's equity into the venture or loan related endeavor • Must demonstrate ability to repay as agreed • Must have good personal and / or business credit • Must not have Local, State, Federal tax liens or back taxes due • Must have a sound existing or proposed business enterprise, i.e., available cash flow must be evident to service the proposed debt and the outlook for continued ability must be evident • Agreement to complete courses, workshops, seminars if person has not evidenced formal education and training or experience in business • Must exhibit good character and integrity • Must have established commercial checking account for the business • Must have a valid business license and provide appropriate insurance verification ELIGIBLE ACTIVITIES These loans will assist entrepreneurs in obtaining financing for various operational necessities. Proceeds can be used for the following: ✓ Purchase machinery, equipment, supplies and inventory ✓ Purchase business or franchise located within the CRA district if funded by the CRA ✓ Real estate acquisition for real estate located within the CRA if funded by the CRA ✓ Make capital or leasehold (tenant) improvements ✓ Promotion /Advertising ✓ Legal /Accounting; and ✓ Other working capital needs related to business expansion INELIGIBLE ACTIVITIES The following activities /purchases are ineligible: • Finance existing debt such as payroll expenses, taxes, etc. • Finance accounts receivables • Legitimate business activity when more than 10 percent of the annual gross revenue is derived from legalized gambling activity aA a • Any project that is in violation of either a Federal, State, or Local environmental protection law or regulation • The transfer of ownership, unless the loan will keep the business from closing or prevent the loss of employment opportunities • Purchase furnishings and personal property not an integral structural fixture of the business • Debt consolidation • Finance political activities • Restaurant start -up enterprises. Existing restaurants must be in operation for at least one (1) year prior to submitting an application for expansion, working capital or technical assistance. • Any other unspecified business activity or use of funds not in keeping with the program goals, as determined by the Economic Development Director and the Program Administrator. ADMINISTRATIVE PROCEDURES Initial Screening After making initial contact with the Economic Development Director, Program Administrator or other program staff member, the applicant will receive a loan package for review and completion. Once the applicant submits a completed loan package and business plan, the Neighborhood Services Administrator schedules an interview with the applicant to determine the viability and eligibility of project, financial condition of business and owner, management experience and expertise, and level of commitment of the business owner. Interview Process During the interview, the Program Administrator will review the business plan and financial data together. It will be explained that no loan commitment of any kind and no presumptions are to be made as to the receipt of funds until after the loan review process is completed. Additionally, the Program Administrator shall inform the applicants that fully completed packages must be submitted by the last business day of each month to be considered for the next Oversight Committee meeting date. The complete process can take thirty days (30) to sixty (60) days, from initial interview to final approval or disapproval of loan. In situations where applications are received after program funds have been depleted for the current fiscal year, the process time will be communicated to applicants accordingly. Business owners, particularly start -up business owners, deemed to be in need of technical support services shall be referred to the technical assistance consultant for appropriate services. Such referrals may also come from the Oversight Committee upon subsequent review of the loan package presented by the Program Administrator. The loan application shall require that applicants must disclose if they are related to any party reviewing or approving the loan application. Upon receipt of completed application, business plan and cash flow projections, an authorized credit report will be obtained. In some cases, the Program Administrator will obtain copies of the client's tax returns directly from the Internal Revenue Service. The Program Administrator will prepare a loan l.n package for review by the Community Improvement Director, Economic Development Director and Oversight Committee. a If additional information is needed to supplement the application, the client will receive a letter indicating the additional information needed. While the applicant is gathering the requested information, the Program Administrator will establish a working file. If no response is received from the applicant within two (2) weeks, a follow -up letter will be sent. Additional Procedures The Program Administrator will make an on -site visit to the business prior to recommending approval of funds in order to evaluate and verify the following: • Business's operation or future operation • Condition of fixed assets • Recordkeeping; and • Business location The Program Administrator will also verify the existence of a business commercial checking account in the name of the business with an established financial institution. The applicant must commit to ensuring a drug free workforce and a handicap accessible environment. If at any point, unfavorable information is discovered that would make the project ineligible or less viable, the loan or technical assistance process will cease, and a denial letter is sent to the applicant citing the reason(s) for the declination. OVERSIGHT COMMITTEE The Oversight Committee ( "Committee ") is appointed collaboratively by the Delray Beach City Commission and the Delray Beach CRA Board and will provide policy guidance as well as provide suggestions for program development for the Delray Beach MicroEnterprise program. The Committee will be comprised of volunteers with specific expertise from various professional areas within the local community, including bankers, lawyers and accountants. The Committee shall be comprised of five (5) members. Of the five (5) members, no less than two (2) members shall be banking professionals currently employed by a bank, one (1) member shall be a licensed accountant, and one (1) member shall be an attorney actively licensed by the Florida Bar with a background in business and corporate law. The fifth member may also represent one of the identified categories, or be a general representative of the community with a broad business background. Three Committee members shall be appointed by the City Commission. Two Committee members shall be appointed by the CRA Board. Each member's term will consist of a two -year period. Upon the term's expiration, board members will have the opportunity to relinquish their seat or request to serve an additional term. When a committee member's term expires and they choose not to serve another term the Community Improvement Director, Economic Development Director and Program Administrator will take recommendations for potential candidates. These names will be submitted to the City Commission and CRA Board for review. There is no maximum number of terms that a committee member can serve. Initial members will be assigned staggered terms commencing 7/1/13, with two members initially expiring on 6/30/14. The Committee's duties and responsibilities area as follows: • Review loan packages and make recommendations to the City Commission or the CRA Board as appropriate, for approval or disapproval a • Make recommendations on policies and procedures • Encourage business development with the City of Delray Beach • Make loan applicant referrals • Market and promote the MicroEnterprise Program and • Attend monthly committee meetings The Committee's additional duties are to evaluate business proposals and loan packages. The applicant's managerial capabilities will also be evaluated to determine the applicant's strength of operating the business. The committee will recommend changes, which could strengthen the loan request to the benefit of the City and applicant. Such recommendations may include referrals to technical assistance services provided by the MicroEnterprise Program's technical assistance consultant, if not previously required by the Program Administrator. The meetings of the Committee shall be subject to the Florida Sunshine Law, Section 286.011, Florida Statutes, and any information provided to the Committee shall be subject to Florida Public Records Law, Section 119.07, Florida Statutes. If a conflict in interest exists between applicants being reviewed and a board member, the board member must recuse him /herself from voting on the loan package. Loans will be evaluated in compliance with criteria listed under HUD's guidelines 24 CFR 570.209 as listed below: • Project cost reasonability • Sources of project financing committed • Project is financially feasible • To the extent practicable, the return on the owner's equity investment will not be unreasonably high. Regular committee meetings will be held on a monthly basis. When program funds have been depleted for the current fiscal year, meetings will be on an on -call basis at the discretion of the Committee Chair. Any committee member that is unable to attend a meeting will provide advance notice to the Community improvement Director, Economic Development Director or Program Administrator. Prior to any scheduled Committee meeting, the Economic Development Director or Program Administrator will make a recommendation to approve or disapprove the loan application. The agenda materials, including any recommendations made by the Economic Development Director or Program Administrator will be distributed to the Committee members on the second Monday of every month. In some case the Economic Development Director or Program Administrator will review loan proposals that will not meet the program's objectives and those packages will not be included in the agenda materials for the Committee meeting The Committee, however, will be presented with a summary of these proposals and reasons for disqualification. The Committee will have the opportunity to discuss the proposed loan packages at the Committee meeting. The Committee has the authority to approve a loan package upon a majority vote of the Committee members voting at a Committee meeting. The Economic Development Director and the Program Administrator shall ensure that;: • Loan proposals do not violate local, state or federal regulations; a • Loan proposals using CRA funds are consistent with the provisions of Chapter 163, Florida Statutes, and are consistent with the goals and objectives of the CRA Redevelopment Plan; • Loan proposals for City and CDBG fulfill the City's goals for economic development; and • Loan proposals do not exceed funding that is available in the program's allocated budget. The Committee and the Program Administrator shall review all information provided, and may ask questions and request additional information as part of their decision making process. The Committee's loan determination must include: • Loan amount and interest rate • Collateral • Terms • Payment deferrals (if applicable); and • Contingencies • Loan Application Checklist Three members of the Committee must be present in order to have a quorum for the Committee to conduct any business. In the event an entity's application for a loan is denied by the Economic Development Director or the Program Administrator, the Committee may reverse the decision under the following circumstances: a. The applicant provides additional information that may affect the ability of the applicant to repay the loan; and b. The applicant submits an appeal of the denial, in writing, no later than two (2) weeks from the date of denial letter. The appeal letter must be sent directly to the Economic Development Director and the applicant must include the additional information to supplement their denied proposal. After the information is received the Economic Development Director and /or Program Administrator will present it to the Committee at the next scheduled Committee meeting. SECURITY AND COLLATERAL The following policy will be used to determine the amount of collateral required for loans made through the City of Delray Beach MicroEnterprise Program and to establish the value of offered collateral. All loans must be fully secured. Types of Assets Acceptable as Collateral • Liquid assets (cash and marketable securities) • Real estate (commercial and /or residential) • Machinery and equipment • Furniture and fixtures; and • Both personal and business guarantees (other guarantees may be considered) Value of Collateral 00 aA a The City of Delray Beach will require an appraisal of the current value of collateral pledged, as determined by a qualified appraiser. Specifically, if real estate is offered as collateral, a real estate appraiser will be used; if machinery and equipment are offered, an appropriate industrial appraisal will be used. Where possible, the following methods will be used: • Appraisal /Fair Market Value (real estate) • IRS Valuation Tables (machinery, equipment and vehicles) The security interest (collateral position) of the Delray Beach MicroEnterprise Loan Fund may be made subordinate to the interest of other lenders such as banks and the U.S. Small Business Administration in order to secure total project financing. Each applicant receiving financial assistance through the Delray Beach MicroEnterprise Loan Fund must maintain appropriate amounts and type(s) of insurance necessary to cover the maximum principal loan amount outstanding. The insurance policy must designate the City of Delray Beach and /or the Delray Beach Community Redevelopment Agency as loan loss payee. MONITORING Each loan will be monitored regularly by the Program Administrator until the loan is paid in full. Monitoring will be conducted in the following areas: • General performance • Recordkeeping • Creation /Retention of jobs • Public benefit • Personal property management; and • Accountability /Financial (i.e. timely payment of debt services) When potential issues with respect to the applicants performance are identified, on -site visits will be conducted more frequently, as determined by the Program Administrator. Photographs will be taken and maintained in the loan recipient's file, and the status of the loan will be documented in the file. Based on the review of the Monitoring Report and other appropriate documents, a need for additional technical assistance may be determined, pursuant to the Loan Agreement executed between the borrower and lender. LOAN CLOSING PROCEDURES Loan closings will be facilitated by either the Delray Beach City Attorney's Office or the Delray Beach CRA's General Counsel. Borrowers are responsible for all closing costs. Before a loan closing is scheduled, the following should be in place: • Commitment letter signed by the Committee Chair to the borrower(s) specifying the terms and conditions of the loan • Verification of ownership of collateral must be conducted before disbursement of funds. In cases were property is used as collateral a title opinion must be completed. There must be a a sworn statement of ownership if entity is a sole proprietorship or partnership. If it is a corporation there must be a corporate resolution and bylaws must be provided. • Executed agreement between the City of Delray Beach or the Delray Beach Community Redevelopment Agency specifying loan purpose and amount • Signed document from borrower(s) committing to create or retain jobs to benefit low- to moderate - income persons • In cases where a partnership is formed between the Neighborhood Services Division and a financial institution, a copy of the commitment letter must be provided. • Copies of invoices that include business name, address and fully delivered cost must be submitted prior to loan closing. Checks will not be made out to the applicant; and The following legal documents are necessary to close Delray Beach MicroEnterprise Loan Fund loans: a. Promissory Note — A written promise to pay a certain amount of money at a certain time in a certain number of installments. It also provides for payment of interest. b. Deed to Secure Debt (Security Deed) — Document, which conveys the land, secures payment of the specified indebtedness. It is recorded in the real properties records in the county in which the land is located. The purpose of recording the instrument is to put third parties on notice of conveyance. It should contain a due -on -sale clause. This provision one to control the person making payments on the debt by giving the option of calling the debt due if the borrower sells the property. (Only used if real property is pledged as collateral). (NOT SURE WHAT THIS IS) If they are pledging real estate, then we would prepare a mortgage. c. Loan Agreement — Document that specifies the term and conditions upon which the lender makes the loan to the borrower. d. Security Agreement — Document that creates or provides for a security interest in personal property; for example, equipment or inventory. (only used if personal property is pledged as collateral) e. Uniform Commercial Code (UCC) Financing Statement — Document that protects security interest which is created by the security agreement. Its filing puts third parties on notice of one's security interest. Any exhibits explaining or describing the tangible and intangible assets should be attracted to this document, f. Loan Closing Statement — A written analysis of the loan closing transaction which sets forth the loan amount, less any deductions for items such as recording cost and attorney fees. It should also include any credits to arrive at a net amount due to the borrower. g. Loan Commitment Letter - Written commitment by the lender to the borrower that it will lend a specific amount of money at a certain interest rate to be secured by certain collateral. The commitment is limited to a specific time period which is based on the estimated amount of the time it will take to close the loan. The commitment letter used by the Delray Beach MicroEnterprise Loan Fund should be signed by the borrower to show acknowledgement and agreement to the terms of the loan. 0 -I aA a h. Personal Guarantee Letter — A document signed by the borrower that commits them to repayment of the loan if the business dissolves. i. WE NEED TO DISCUSS WHETHER THE LOANS WILL BE APPROVED BY THE CITY COMMISSION OR THE CRA BOARD.Certified copy of minutes or resolution from either the Delray Beach City Commission or the Delray Beach Community Redevelopment Agency Board of Commissioners authorizing the loan. Filing of Loan Documents After the proper documents have been prepared, a loan closing is scheduled with the borrower(s), the Attorney and the Economic Development Director or Program Administrator. After all documents have been fully executed by the proper authorities they are disbursed and filed appropriately by the Program's closing Attorney. The borrower(s) shall receive copies of these legal documents. After all documents are executed a recorded copy is provided to the Program Administrator or other staff for filing. The recording process should be completed immediately after the loan closing. Copies of these documents are maintained in the Delray Beach MicroEnterprise Loan Fund files along with all supporting documentation. PAYMENTS AND COLLECTIONS PROCEDURES After loan closing a coupon booklet is ordered for the customer. The book reflects the following information: • Customer name • Loan balance before payments • Monthly payment and Late fee payment • Remaining payments • Breakdown of principal and interest • Payment date; and • Payment number Payments are to be paid by the schedule due date. All payments received more than 10 days after the due date will be assessed a 10% late fee. Payments that are not made on time will be handled in the following manner: • Fifteen (15) days are allowed after payment due date before the account is considered delinquent and fifteen additional are allotted to bring account current. • Clients with delinquent accounts will receive a letter requesting that their accounts be made current. The standard delinquency notice will be sent to the customer on (1) to two (2) days after the second payment has not been received. • The letter also contains a statement reflecting that if there are extenuating circumstances preventing the customer's payment from being on time, they should contact the Program Administrator regarding this matter. Under such extenuating circumstances, the Committee can approve extensions or changes in payment schedules. c� a ■ If no response to the delinquency notice is received within seven (7) days, the Program Administrator and the Economic Director shall seek counsel from the City's Attorney, and where applicable the CRA Attorney to recommend action to the respective governing bode regarding what legal actions to pursue, if any. REPORTING REQUIREMENTS The Program Administrator is responsible for preparing a monthly loan status report for distribution to the Delray Beach City Commission and CRA Board. Monthly status reports will consist of the following information: a. Program income b. Number of loans c. Approved /denied loans d. Job creation /retention e. Delinquent report f. Balance of all grant funds g. Technical assistance referrals The Program Administrator will also perform the following reporting and oversight activities: • Review applicant proposals and prepare loan packages for Oversight Committee • Prepare applicant intake activity report • Updating program guidelines and applications • Collection activity on past due accounts • Monitoring handicap accessibility for businesses; and • Preparing presentations for workshops and seminars for program aA c� a INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND COMMUNITY REDEVELOPMENT AGENCY FOR MICROENTERPRISE PROGRAM THIS INTERLOCAL AGREEMENT is made this day of , 2013 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as "CITY "), and the COMMUNITY REDEVELOPMENT AGENCY, a community redevelopment agency created pursuant to Florida Statutes, Chapter 163, (hereinafter referred to as "CRA ") WITNESSETH: WHEREAS, the CITY and the CRA are committed to increasing economic development opportunities within the City of Delray Beach by creating micro - lending programs and providing small business technical assistance for the CITY of Delray Beach; and WHEREAS, the CITY has agreed to contribute One Hundred Twenty -Five Thousand Dollars ($125,000.00) of its Community Development Block Grant (CDBG) funds and Twenty -Five Thousand Dollars ($25,000.00) of its General City Funds as budgeted by the City Commission for the purpose of creating a micro- lending program and providing technical assistance services; and WHEREAS, the CRA has agreed to contribute One Hundred Thousand Dollars ($100,000.00) for program administration, micro - lending and technical assistance services. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitations. The recitations set forth above are incorporated as if fully set forth herein. 2. Duties. CITY and CRA duties are as follows: (a) CITY shall provide services which shall include, but are not limited to the following tasks: the following: 1. Program implementation as outlined in the program guidelines attached hereto as Exhibit "A "; 2. Small business loan underwriting — determining whether a business will receive a loan; 3. Loan terms — determining the amount of money that will be loaned to a business and the interest rate of the loan; 4. Loan servicing — collecting payments from the borrower business and tracking payments and balances due; 5. Staff support to the MicroEnterprise Oversight Committee; and 7. Tracking and reporting program performance to the CRA and to the MicroEnterprise Oversight Committee. (b) CRA shall provide services which shall include, but are not limited to 1. Marketing /Outreach of Micro Lending Program and 2. Individual client engagement. (c) The CITY and CRA also agree to jointly perform and accomplish the following tasks: K 1. Selection and development of the MicroEnterprise Oversight Committee and 2. Selection of Small Business Technical Assistance Provider /Consultant 3. Operation of the Micro Lending Program in a manner consistent with the Guidelines which are attached hereto as Exhibit "A ". 3. Term. This Agreement shall commence on July 1, 2013 and shall expire one (1) year from the date of execution of the agreement. This Agreement may be renewed by the City Commission and CRA Board of Directors in writing annually provided that funding for the program and for the Neighborhood Services Administrator position are set forth in both the CITY and CRA budgets, and those budgets are approved. Either party may cancel this Agreement upon providing written notice to the other party at least (30) days prior to cancellation. 4. Compensation. During the term of this Agreement, the CRA shall pay the CITY a total amount of Fifty Thousand Dollars ($50,000.00), as part of the CRA's funding commitment for the Micro Lending Program. Twenty -Five Thousand Dollars ($25,000.00) of the CRA's funding is for services provided by the City's Neighborhood Service Administrator, and Twenty -Five Thousand Dollars ($25,000.00) is for funding technical assistance services for the Micro Lending Program participants The CRA shall make the payments to the CITY in quarterly increments of Twelve Thousand Five Hundred and 00/100 Dollars ($12,500.00), with July 1st as the commencement for the first quarter and subsequent payments to be made on October 1 at, January 1 st and April 1St. No later than May 30th of each year during the term of the Agreement, the CITY K3 shall provide notice to the CRA of the amount of funds that will be required of the CRA to pay the CITY for the following fiscal year in order to continue funding the Neighborhood Services Administrator position. Following receipt of the notice from the CITY, The CRA's Executive Director shall advise the CITY whether the CRA will fund the position for the following year. 5. The CITY and CRA shall comply with all applicable laws, rules and regulations, including, but not limited to all applicable worker's compensation, employer liability, Fair Labor Standards Act, and other federal, state, county, and municipal laws, ordinances, rules and regulations, as may be applicable. 6. The CITY shall provide the CRA with a quarterly report documenting the activity under the program. The report shall be provided to the CRA Executive Director no later than five (5) days prior to the end of each quarter (December 31St, March 31St June 30th and September 30th) 7. No prior or present agreements or representation with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 8. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. CI 9. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 10. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement 11. Governing Law; Venue. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County, Florida. 12. Non - Discrimination. CITY and /or CRA shall not discriminate on the basis of age, religion, race, sex, marital status, handicap, or sexual orientation in the performance of this Agreement. 13. Non - Exclusive. The provision of the services provided for herein is non- exclusive. The CITY and the CRA may retain additional entities or persons to perform the same or similar work, if in its sole discretion the CITY and the CRA desires to do so. 14. Entire Agreement; Modifications. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions or previous writings between the partied. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and duly executed by both parties. 15. Upon full execution of this Agreement, this Agreement (less attachments) shall be recorded in the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the parties have heretofore set their hands and seals on the day and year first above written. 5 ATTEST: City Clerk Approved as to Form: CITY Attorney Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF CITY OF DELRAY BEACH, FLORIDA IN Cary D. Glickstein, Mayor COMMUNITY REDEVELOPMENT AGENCY Bv: Name - Howard Lewis, Chairman Title: Chairman The foregoing instrument was acknowledged before me this day of , 2013 by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced (type of identification) as identification. Notary Public — State of Florida STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2013 by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced (type of identification) as identification. Notary Public — State of Florida C.1 MEMORANDUM 'A Z TO: Mayor and City Commissioners FROM: Tim Simmons, Interim Director of Parks and Recreation THROUGH: Louie Chapman, Jr., City Manager DATE: June 14, 2013 SUBJECT: AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF JUNE 18, 2013 REJECTION OF PROPOSALS/ FIRE HEADQUARTERS PUBLIC PLAZA ARTWORK PROJECT ITEM BEFORE COMMISSION This item before Commission is for the placement of "integrated artwork" at the Fire Headquarters Public Plaza renovation project. BACKGROUND On March 3, 2013, a "Call to Artists" was advertised for the Fire Headquarters Public Plaza renovation project. The City was looking for an artist to create "integrated artwork" for this project that would create a welcoming and calming environment, and to increase the facility's visibility to pedestrian and vehicular traffic at the Fire Rescue Headquarters. The artwork would be designed to create a unique identity for the Fire Headquarters. Opportunities for integration included landscaping, walls, benches, seating areas, sidewalks, etc. Each chosen artist was given a site tour of the area to be designed. This "Call to Artists" received five submissions and the Public Art Advisory Board (PAAB) narrowed these down to the top three artists. A selection committee was then assembled with a representative from various boards, the Delray Beach Fire Department (Chief Danielle Connor), CRA (Kristyn Cox), WARC (Samuel Spears, Jr.), Spady Cultural Heritage Museum (Charlene Jones), and the Public Art Advisory Board, who would have one vote on the panel. On Monday, April 22, 2013, the artists were invited to present their artwork to the committee. This meeting began with PAAB member, Carolyn Pendelton- Parker giving a brief explanation of what integrated art is, along with a brief history of the PAAB. The first artist, Suzi Edwards presented her design, which consisted of a mosaic presentation depicting firefighters fighting a large fire. The second artists, Cecilia Lueza and Rick Munne, presented an aluminum sculpture of a silhouette of a firefighter's head with helmet. The third artist failed to show, so he was contacted and he stated that he had an emergency. The panel decided that they would still like to see the third presentation and thereby re- scheduled his appearance. On May 6, 2013, a special meeting of the Public Art Advisory Board was held with the selection committee, whereby Mark Fuller gave his presentation of a sculpture of a dog, fire hydrant and small fire, titled "Safety First ". Following Mr. Fuller's presentation, the committee discussed their feelings on all three selections. The topic of how all three artists failed to implement the idea of integrated artwork was discussed, but in the end the panel decided on a 3 -2 vote to award the selection to Mark Fuller, with his "Safety First" piece. RECOMMENDATION City staff members discussed this selection and were concerned that this piece may not meet the needs of the City and did not meet the criteria of "integrated" art. Based on the fact that the artists did not meet the minimum criteria for the public artwork proposal, City staff recommends rejecting all three proposals and issuing another Call to Artists. A V� Zo Vill Welded and painted aluminum tubing Concrete pedestal Acrylic paint and automotive finishes ARTIST TEAM PROJECT DATE RENDERING Cecilia Lueza & Rick Munne Fire Station HD April 2013 Sculpture Concept / View Delray Beach FL . . vie, f.� µ Acrylic paint and automotive finishes ARTIST TEAM PROJECT DATE RENDERING Cecilia Lueza & Rick Munne Fire Station HD April 2013 Sculpture Concept / View Delray Beach FL J 1 1 r * t�' � II � -�' 1�1`. ` �• \ , .,�Y• `ate Y _ �' .. • �.. . 1 tit plum lltw. Pa 46 00 li =Aga,? Ilk 416 7471 I Ar Ilk Vill( % j of AL WFI&O � R MEMORANDUM TO: Mayor and City Commissioners FROM: Danielle Connor, Fire Rescue Chief THROUGH: Louie Chapman, Jr, City Manager DATE: May 31, 2013 SUBJECT: AGENDA ITEM 8.M. - REGULAR COMMISSION MEETING OF JUNE 18, 2013 CONTRACT RENEWAL HEALTH CAREER INSTITUTE ITEM BEFORE COMMISSION That the Delray Beach Fire - Rescue Department (DBFR) renew its contract with Health Career Institute as a clinical training site for EMT and Paramedic students. BACKGROUND The Delray Beach Fire- Rescue Department maintains a professional relationship with surrounding instructional agencies that offer EMT and Paramedic courses. Health Career Institute (HCI) is one such entity. Over the course of the past five years, DBFR has provided an opportunity for HCI students to gain experience through a clinical rotation that involves access to fire- rescue and prehospital medicine. HCI requests a continuance of the mutual agreement between both organizations (Delray Beach Fire - Rescue and HCI). RECOMMENDATION Staff recommends approval. AGREEMENT This Agreement, made and entered into on this _ by Health Career Institute and between the City of Delray Beach, hereinafter referred to as "THE CITY ", and Health Career Institute 1764 North Congress Ave. West Palm Beach, Florida 33409 an "S Corporation" under the laws of the State of Florida, hereinafter referred to as "SCHOOL ". Whereas, the parties hereto desire to enter into a contractual arrangement providing for education and training of students in the Paramedic and Emergency Medical Technician (EMT) programs. NOW THEREFORE, It Is Agreed Between The Parties As Follows: I . The School has undertaken to educate and train students in the Paramedic and EMT programs. 2. The programs shall be under the auspice of the School, as defined in Florida State Statute Chapter 401 and Administrative Code 64E- 2.036, Training Program. 3. This agreement shall continue for three (3) years and may be renewed annually by the mutual consent of both parties. This agreement may be terminated by either party with or without cause upon thirty (30) days prior written notice. The School Further Agrees To: I. The School hereby represents that it has complied and shall continue to comply with all applicable Federal and State statutes and local ordinances. Further, the School shall be solely responsible for obtaining and complying with all necessary permits, approvals and authorizations required for the training programs which are the subject of this Agreement from any federal, state, regional, county, or city agency. 2. Ensure that students in the Paramedic and EMT program are subject to and comply with the rules and regulations of the School and receive the training and certification required by Florida State Statute Section 401.2701 and Administrative Code 64E- 2.036, Training Program. 3. Ensure that students adhere to all the applicable policies and procedures established by THE CITY to include Exposure Control Plan for Blood Borne Pathogens and all related Infectious Control Policies. 4. Consult with the THE CITY designee selecting clinical experiences for the students of the program.. However, the School acknowledges and hereby agrees that such clinical experiences shall ultimately be decided by THE CITY in its sole discretion and as the circumstances may permit. 5. Provide a list of students and the dates for which such students are expected to participate in the clinical experiences to THE CITY. 6. The School shall ensure that each student provides at his or her own expense the following: a. Uniforms b. Laundry service c. Transportation d. Meals e. Physical examination f Required immunizations g. Hospital and medical treatment h. Personal /private accident insurance (to cover the student in case of injury or accident) or evidence of such protection so as to include Professional liability insurance coverage of not less than $1,000,000.00 per occurrence and $3,000,000.00 aggregate. Such insurance shall specifically include THE CITY as an additional insured. 7. No student shall perform any procedure(s) on a patient unless such student has previously demonstrated sufficient competency at such procedure(s) so as to satisfy any federal, state, regional, county, city and /or educational requirement(s) for the performance of such procedure(s). 2 THE CITY Further Agrees To: 1. Provide the necessary facilities for clinical experiences for Paramedic and EMT instruction. 2. Cooperate in the assignments of the students at Fire Rescue with staff of the School, however; such assignments shall be in accordance with the Fire Rescue's established shifts, available qualified supervisory personnel and station availability. 3. Provide liaison between the Fire Rescue administrator and the School EMS Program coordinator. Both. Parties Further Agree as Follows: No student shall in connection with this agreement or performance of services hereunder have a right to or claim for any wages, salary, or any other form of compensation, unemployment compensation, civil service or other employee rights, privileges and /or benefits granted by operation of law or otherwise. No student shall be deemed an employee of THE CITY, for any purpose, during the performance of services hereunder. 2. Neither party to this Agreement nor their respective officers, agents, representatives or employees shall be deemed to have assumed any liability for the negligent or wrongful acts or omissions of the other. 3. The SCHOOL, shall indemnify and save harmless and defend THE CITY, its agents, servants, and employees from and against any and all claims, liability, losses, and /or causes of action which may arise from any act or omission of the SCHOOL, its students, agents, servants, or employees in the performance of services under this Contract. Nothing in this provision shall be construed as consent by THE CITY to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes. 4. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 3 5. This Agreement and any dispute, disagreement, or issue of construction, declaration or interpretation arising hereunder whether relating to its execution, its validity, the obligations provided herein, performance or breach shall be governed and interpreted according to laws of the State of Florida. Any and all action necessary to enforce the Agreement will be held in Palm Beach County, Florida. &. THE CITY and the SCHOOL, agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties. 7. Failure of THE CITY to enforce or exercise any right(s) under this agreement shall not be deemed a waiver of THE CITY'S right to enforce or exercise said right(s) at any time thereafter. 8. This agreement shall not be construed more strongly against either party regardless of who was more responsible for its preparation. 9. In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 10. Neither party may assign or transfer this agreement without first obtaining the written consent of the other party. 4 AGREEMENT WITH: THE CITY OF DELRAY BEACH IN WITNESS WHEREOF, the Parties unto this Agreement have set their hands and seals on the day and date first written above. APPROVED AS TO TERMS/CONDITIONS CITY OF DELRAY BEACH BY: MAYOR BY: City Clerk Date: x. 5 HEALTH CAREER INSTITUTE BY: (PR T: TINA PALERMO) (PRINT ucational Director) BY:.��-' SIGN NAME AND TITLE Date: i MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: June 14, 2013 SUBJECT: AGENDA ITEM 8.N. - REGULAR COMMISSION MEETING OF JUNE 18, 2013 PROPOSED AGREEMENT /GABRIEL ROEDER SMITH & COMPANY (GRS) ITEM BEFORE COMMISSION The item before the Commission is approval of an agreement with Gabriel Roeder Smith & Company (GRS) for actuarial consulting services. BACKGROUND The City Commission directed staff to obtain the services of an actuary to perform certain actuarial calculations regarding the Police and Fire Pension Plan. Staff, in conjunction with outside pension and labor counsel determined that GRS would be the best selection for this work based on past and current experience with this firm. The agreement provides for two phases, in the first phase GRS shall review and prepare certain baseline calculations and projections. This phase shall be completed within an eight week period, possibly sooner, of GRS receiving plan information from the City, at a cost of $17,500.00. The second phase will involve GRS completing different actuarial projections as requested by the City. This cost will be paid on an hourly basis at the rates set forth in the attached agreement. The time for completion of this phase shall depend upon the complexity and number of actuarial projections the City requests. RECOMMENDATION Approve the agreement with GRS. GR.S G�:h_iG' toed x Smith. & Co,rp4,iy Orw F act Bro%ard Blvd. 954.5..",7.1.&].6; �xl oxw ,..•na,•lt -xai: cc Acvv, i, Suite 505 954.525.Oii33 fix Ft. i..^uderdale, l+1 33301 -187.2 wc�x.gAri6,cxda.r.�om June 13, 2013 Mr. Brian Shutt City Attorney City of Delray Beach 200 N.W. 1 st Avenue Delray Beach, FL 33444 Re: Proposal for Actuarial Consulting Services for Pension Reform Dear Mr. Shutt: Gabriel, Roeder, Smith and Company (GRS) is pleased to be engaged by the City of Delray Beach (City) to provide certain actuarial and consulting services related to pension reform work. Pursuant to discussions concerning our actuarial services, we are following up with this correspondence to frame our for certain deliverables and to put our proposal into the form of a simplified engagement letter. We understand this engagement relates solely to the police officers and firefighters retirement system. As mentioned in our discussions, certain services can be quoted on a fixed fee basis because of the well - defined scope. However, other services must be charged on an hourly basis because of the unknown scope. The types of hourly projects are completely within the control of the City. We have been engaged for this type of project for many other cities in Florida in the past year or two, and for many other state and local governments around the country. Because of the dynamics of (a) collective bargaining, (b) the legal environment and (c) the scope desired by management and elected officials, the total time, scope and outcome is not completely predictable. For this type of work for other Florida cities, the project has lasted several months and actuarial consulting fees can ranged from $10,000 per plan to $40,000 per plan plus legal fees. That total of all fees are mostly within the control of the city based on how many different scenarios need to be projected and examined. We recommend a planning meeting after Phase 1 is completed to plan out the work in order to keep the scope and fees at manageable levels. Keep in mind, however, the goal is to reduce City liabilities in the order of many millions of dollars. Additional services outside these deliverables can be added as needed. Since the pension portion of this project relates to all three pension plans, our fee estimates below for Phase 1 and Phase 2 are presented on a per plan basis (with the exception of meetings). Some of the actual fees may vary within the range due to complexity of the particular work and size of the plan. Generalities Fee Estimate Preparation for and attendance at on -site meetings; might include kick-off planning meeting before or after completion of Phase 1 and/or Phase 2 work (after may be more prudent), and as necessary in connection with collective bargaining, and meetings with management alone or in Time charges executive sessions of elected officials, etc. including participate in discussions establishing the City's objectives. No travel or other out -of- pocket expenses are necessary for on -site meetings. Review of current plan benefit documents and correspondence, recent actuarial valuation reports and recent actuarial experience study; preparation of summary of plan provisions for $1,500 City to confirm Mr. Brian Shutt June 13, 2013 Page 2 Phase 1 Fee Estimate 1. Replication of F &F's (board actuary's) results from previous actuarial valuation under $316-$420 actuarial assumptions adopted by the board, in order to establish credibility for a baseline $236-$280 zero; includes a letter report presenting (a) results of GRS calculations compared to F &F's $190-$232 and (b) 30 -year projection of employer contributions requirements of baseline plan $8,000 including any changes in pay definition per SB 1128; necessarily includes calculations $75-$110 involving both police officers and firefighters. Letter Report #1 issued within four (4) weeks of receipt of required census and financial data from F &F and other funding policy documents available. 2. Letter report on reasonableness of actuarial assumptions and methods, including assessment of investment return assumption and 30 -year projection of costs under alternate assumptions and methods if recommended. This step is necessary due to current controversies around the assumptions and methods especially the return assumption, and to create a Baseline 1 against which to measure alternative plan re- design scenarios (benefit roll - backs, FRS, etc.). Many forecasters are projecting much lower price inflation and lower real returns and lower expected compound returns over the long term than are $5,000 represented in most current actuarial assumptions. If the economists are right, management will find itself re- visiting pension matters again, as returns continue to fall short of expectations on a multi -year compound basis causing costs to continue to rise even after pension reform actions are take (because they were based on overly optimistic return assumptions). Letter Report #2 issued within four (4) weeks of receipt of required investment policy statements and recent investment consultant reports. 3. Letter report presenting projections of actuarially determined contributions and unfunded actuarial accrued liabilities for the next 30 years (a) on the basis of the boards assumptions and methods and (b) on the basis of any recommended alternative assumptions or methods. In addition, we will present results of certain stress - tests, sensitivity testing and Monte $3,000 Carlo simulations to advise management of investment risks and their implications to the City's budget over time. Letter Report #3 issued within two (2) weeks following issuance of the later of Letter Reports #1 and #2. Phase 2 4. In conjunction with management and pension legal counsel, we will advise the City regarding various alternative plan re- designs to achieve management's stated objectives. We will actuarially model various alternative re- designs and present resulting 30 -year Time charges projections of future actuarially determined contributions and unfunded actuarial accrued liability as desired. Following is the schedule of time charges that we will apply to this engagement for hourly -based components. Title Hourly Rate Range Senior Consultant $316-$420 Consultant $236-$280 Senior Analyst $190-$232 Analyst $148-$176 Administrative Assistant $75-$110 We always assign the components of any project to the lowest hourly -rated staff members who are capable of performing the work accurately and efficiently. ;:ibziz: 1,' G,.dc: S- n-dsie & CcrrxnaaN Mr. Brian Shutt June 13, 2013 Page 3 It is best to narrow down the types of scenarios in advance, if possible, to viable alternatives (considering benefit adequacy and competitiveness, labor relations and politics) and to identify those scenarios or proposals that have the most likelihood of success, and focus on those. However, at times it is necessary to model alternatives that have a low likelihood of adoptions, just for information purposes. Our services are based on general retirement consulting principles and actuarial standards of practice promulgated by the Actuarial Standards Board (ASB). The current and forecasted actuarial costs, liabilities and funded ratios calculated are merely estimates of the actual costs. Actuarial calculations involve numerous assumptions concerning numerous future events. It is highly unlikely that all the assumptions concerning all the future events will occur as assumed. Actual future events will cause actual costs, contributions, liabilities and funded ratios to be higher or lower than presented in our report. The work papers for this engagement are the property of Gabriel, Roeder, Smith & Company (GRS). Although, we may be requested to make certain work papers available to auditors, courts or to regulators pursuant to authority given to it by law or regulation. Access to the requested work papers will be provided under supervision of GRS personnel. Furthermore, upon request, we may provide photocopies of selected work papers to regulatory agencies. These regulatory agencies may intend or decide to distribute the photocopies or information contained therein to others, including other governmental agencies. The City management has responsibility for the financial statements and all representations contained therein. Management also has responsibility for preventing and detecting fraud, for adopting sound accounting policies and establishing and maintaining effective internal control to maintain the reliability of the financial statements and to provide reasonable assurances against the possibility of misstatements that are material to the financial statements. This responsibility extends to the use or misuse of the results of our pension actuarial valuation reports, presentations at on -site meetings and during telephone conferences. Our reports and presentation materials may be provided to parties other than the City only in their entirety and only with the permission of the City. The City agrees that all information, documents and data we request in connection with our actuarial valuations will be made available to us, that all such information, documents and data provided to us and will be complete and accurate, that we will have the full cooperation of the City's personnel and the pension boards and their actuary(ies) and investment consultants, that the City will issue a representation letter from management concerning these matters, and that GRS may rely upon such information, documents and data with no duty to inquire or audit such. Because of the importance of management's representations as to the completeness and accuracy of the information, documents and data it provides to GRS, the City agrees to release GRS and its personnel from any claims, liabilities, costs and expenses relating to our services under this letter attributable to any misrepresentations in the representation letter referenced above. Furthermore, GRS agrees to maintain the employee data secure and confidential. Any dispute concerning this engagement will be resolved internally and, if not, then by arbitration and with waiver of any jury trial. Except for gross negligence or willful misconduct, GRS liability hereunder will be limited to our fees. GRS will not be held liable for damages resulting from a work product that conforms to the Actuarial Standards of Practice. To the extent allowed and limited by law, the City will indemnify GRS for third party claims. GRS does not provide investment or legal services, and none of our results, recommendations, reports and presentations should be interpreted as such. The City should retain legal counsel competent in labor and pension matters. In the event that GRS is requested pursuant to subpoena or other legal process to produce its documents relating to this engagement in judicial or administrative proceedings to which GRS is not a party, the City shall reimburse GRS at standard billing rates P br. sl("sC:i`!.� r S'e4iti3 & fi.31?I"Si1 lj` Mr. Brian Shutt June 13, 2013 Page 4 for its professional time and expenses, including reasonable attorney's fee, incurred in responding to such request. Please return this signed agreement and retain a copy for your records. Should you have any questions regarding these matters, please do not hesitate to contact us. We thank you and other City officials for your confidence in our firm and look forward to continuing to work with you in the years ahead. If you have any questions regarding this engagement letter, please do not hesitate to contact us. Sincerely, For the CITY OF DELRAY BEACH, FLORIDA 9MM916? James J. Rizzo, ASA, MAAA Signature Date Senior Consultant and Actuary Printed Name Title ::�abr is Roc( of SmIth & Comvary MEMORANDUM 'A Z TO: Mayor and City Commissioners FROM: Louie Chapman, City Manager DATE: June 13, 2013 SUBJECT: AGENDA ITEM 8.0. - REGULAR COMMISSION MEETING OF JUNE 18, 2013 REVIEW AND ACCEPTANCE OF REGULARLY SCHEDULED CITY COMMISSION MEETING DATES ITEM BEFORE COMMISSION This item is before the Commission to approve alternate meeting dates for the month of July to the 9th, 16th and 25th (Thursday). BACKGROUND At the Annual Organizational Meeting on March 28, 2013 the Commission discussed and accepted the regular meeting dates for the period April 2013 through March 2014. The consensus of the Commission at the June 4, 2013 Regular Meeting was to change the meeting dates in July to the 9th, 16th and 25th. Below is the list of the regularly scheduled City Commission meeting dates for April 2013through March 2014that were approved at the March 28, 2013 Annual Organizational Meeting: City Commission Meetings: April 02, 2013- Regular Meeting April 09, 2013 - Workshop April 16, 2013 - Regular Meeting May 07, 2013 - Regular Meeting May 14,2013-Workshop May 21, 2013 - Regular Meeting June 04, 2013 - Regular Meeting June 11, 2013 - Workshop June 18, 2013 - Regular Meeting July 02, 2013 - Regular Meeting July 09, 2013 - Workshop July 16, 2013 - Regular Meeting August 06, 2013 - Regular Meeting August 13, 2013 - Workshop August 20, 2013 - Regular Meeting September 03, 2013 - Regular Meeting September 10, 2013 - Workshop September 17, 2013 - Regular Meeting October 01, 2013 - Regular Meeting October 08, 2013 - Workshop October 15, 2013 - Regular Meeting November 05, 2013 - Regular Meeting November 12, 2013 - Workshop November 19, 2013 - Regular Meeting December 03, 2013 - Regular Meeting December 10, 2013 - Regular Meeting January 07, 2014 - Regular Meeting January 14, 2014 - Workshop January 21, 2014- Regular Meeting February 04, 2014 - Regular Meeting February 11, 2014 - Workshop February 18, 2014 - Regular Meeting March 04, 2014 - Regular Meeting March 11, 2014 - MUNICIPAL ELECTION March 13, 2014 - Special Meeting(Thursday) March 18, 2014- Regular Meeting March 27, 2014 - Annual Organizational Meeting (Thursday) RECOMMENDATION Recommend approval of alternate dates as discussed by the Commission. MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: Louie Chapman, Jr., City Manager DATE: June 11, 2013 SUBJECT: AGENDA ITEM 8.P.1 - REGULAR COMMISSION MEETING OF JUNE 18, 2013 PARKS AND RECREATION MONTH PROCLAMATION ITEM BEFORE COMMISSION Designation of July as Park and Recreation Month. BACKGROUND Since 1985, America has celebrated July as the nation's official Park and Recreation Month. The National Recreation Parks Association encourages cities to show how parks and recreation make your life extraordinary! Create a healthy weekend habit by getting out to a park, trail, playground, swimming pool, natural area, or other public space every weekend, Just have FUN. WHEREAS, parks and recreation programs are an integral part of communities throughout this country, including Delray Beach; and WHEREAS, our parks and recreation are vitally important to establishing and maintaining the quality of life in our communities, ensuring the health of all citizens, and contributing to the economic and environmental well -being of a community and region; and WHEREAS, parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation services for those who are mentally or physically disabled, and also improve the mental and emotional health of all citizens; and WHEREAS, parks and recreation programs increase a community's economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and WHEREAS, parks and recreation areas are fundamental to the environmental well -being of our community; and WHEREAS, parks and natural recreation areas improve water quality, protect groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and produce habitat for wildlife; and WHEREAS, our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim July, 2013, as: PARKS AND RECREATION MONTH in Delray Beach and urge that attention be directed to the many ways in which parks, recreation and civic groups, public schools, private organizations, and other agencies may expand recreation facilities and programs so that every citizen will have the opportunity to develop meaningful and satisfying leisure 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 19th day of June, 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: June 13, 2013 SUBJECT: AGENDA ITEM 8.0. - REGULAR COMMISSION MEETING OF JUNE 18, 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 June 3, 2013 through June 14, 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 June 12, 2013 A. Tabled (6 to 0, Jason Bregman absent), an amendment to the master sign program to allow Peter Glenn (Run Appeal) to have a second wall sign display at Linton Center, located at the southwest corner of Linton Boulevard and SW 10th Avenue (1350 Linton Boulevard). B. Approved with conditions (6 to 0), an amendment to the master sign program to allow the use of corporate colors for a flat wall sign for the Subway restaurant at Delray Town Center, located at the northeast corner of Linton Boulevard and Military Trail (4801 Linton Boulevard). C. Approved with conditions (5 to 0, Mark Gregory stepped down), a request for color changes for Williamsburg Inn Condominium, located on the west side of Salina Avenue, south of East Atlantic Avenue (18 Salina Avenue). D. Tabled (6 to 0), a color change request for Beach House Condominium, located on the west side of Andrews Avenue, north of Lowry Street (150 Andrews Avenue). E. Approved (6 to 0), a color change request associated with changing the fabric on an existing awning for Hand's Office Supply, located on the north side of East Atlantic Avenue, between NE 3rd Avenue (extended) and NE 4th Avenue (325 East Atlantic Avenue). F. Approved with conditions (6 to 0), a Class II site plan modification, landscape plan and architectural elevation plan associated with the installation of a 1,440 square foot temporary trailer for Ed Morse Cadillac, located on the west side of South Federal Highway, south of Linton Boulevard (2300 South Federal Highway). G. Approved (5 to 1, Rustem Kupi dissenting), the architectural elevation plan associated with the conversion of a two -story retail building to mixed -use with retail on the ground floor and office on the second floor for The Hannah Building (fka Mercer Wenzel), located at the northeast corner of East Atlantic Avenue and NE 4th Avenue (401 East Atlantic Avenue). The Class III site plan modification associated with the conversion of use was previously approved by the Board. H. Approved with conditions (5 to 0, Mark Gregory stepped down), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 118,081 square foot (not including the enclosed service /loading and refuse areas) shopping center consisting of multiple commercial buildings, parking and landscaping for Delray Place, located at the southeast corner of Linton Boulevard and South Federal Highway. Historic Preservation Board Meeting of June 5. 2013 1. Approved with conditions (5 to 1, Reginald Cox dissenting and Annette Smith absent), a request for a Certificate of Appropriateness associated with the installation of a 6' gate within the front setback for 229 SE 7th Avenue, within the Marina Historic District. Concurrently, the Board approved a waiver request to LDR Section 4.5.1(E)(3)(a)l.c to allow the fence to exceed the required 4' in height (6' proposed). 2. Approved with conditions (6 to 0), a request for a Certificate of Appropriateness associated with the demolition of a non - contributing duplex and construction of a single family residence located at 215 NE 5th Street, within the Del Ida Park Historic District. 3. Approved with conditions (6 to 0), a request for a Certificate of Appropriateness associated with the demolition of a non - contributing duplex and construction of a single family residence located at 219 NE 5th Street, within the Del Ida Park Historic District. 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 JUNE 18, 2013 SPRAB: HPB: A. PETER GLENN AT LINTON CENTER E. HAND'S OFFICE SUPPLY 1. 229 SE 7TH AVENUE B. SUBWAY F. ED MORSE CADILLAC 2. 215 NE 5TH STREET C. WILLIAMSBURG INN CONDOMINIUM G. THE HANNAH BUILDING 3. 219 NE 5TH STREET D. BEACH HOUSE CONDOMINIUM H. DELRAY PLACE -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \CC— DDC \6 -18 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: June 11, 2013 SUBJECT: AGENDA ITEM 8.R.1 - REGULAR COMMISSION MEETING OF JUNE 18, 2013 BID AWARD / PRO COURTS ITEM BEFORE COMMISSION City Commission is requested to approve a bid award to Pro Courts in the amount of $52,904 for the resurfacing of twenty four (24) clay courts at the Swim and Tennis Club and relining eight (8) clay courts at the Tennis Center. BACKGROUND Staff prepared bid specs for six (6) options for clay court maintenance at the Swim and Tennis Club and the Tennis Center. Based on priorities and conditions, we are recommending approving bid for items 1, 2 and 5 per the attached summary. This recommendation is based on the most critical needs, with an available budget of $53,470. The work proposed is needed for safety and court playability. Court resurfacing and relining is an annual maintenance need with resurfacing and relining of each court every 3 — 4 years depending on conditions. Bids were received for the three (3) options as follows: Pro Courts $52,904 Fast -Dry Courts $67,045 Welch Tennis Courts Inc. $67,565 Staff is recommending award to the lowest responsible bidder. FUNDING SOURCE Funding is available in the Capital Improvement Plan, account number 334 - 4145 -572- 46.90, Tennis Court Rehab. RECOMMENDATION Staff recommends approval of bid award to Pro Courts in the amount of $52,904 for bid options #1, 2 and 5. CLAY COURT RE -SURFACING Fast -Dry Pro Courts Weleb Re- surface Clay Courts 15 through 24 (10 courts),2rpt1StkSQ Clean courts and remove old lines, nails, scarify L)oes not Include surface V4" to 3l8 ", and remove excess dead dumpster costs. material to contractors provided dumpster. Apply 3 tons of new Har -Tru (Fast -Dry) surface material per each court using laser guided grading equipment to help maintain or re- establish the precise court slope. Water and roil courts as - needed. Install herringbone style line tape secured with 2112 " aluminum nails to USTA specifications. Re -Paint net posts. Contractor hauls away all old or dead material at their cost. Job cost to include all materials and labor. Re�si ce Clay Courts 1 through 14 (14 courts). Clean courts and remove old lines, nails, scarify Does not include surface 1/4" to 3/8 ", and remove excess dead material to contractors provided dumpster. Apply 2 tons of new Har -'Tru (Fast -Dry) surface material per each court using laser guided grading equipment to help maintain or re- establish the precise court slope- Water and roll courts as needed. Install herringbone style line tape secured with 2 it2 " aluminum nails to USTA specifications. Re -Paint net pasts. Contractor hauls away all old or dead material at their cost. Job cost to include all materials and labor, dumpster costs. Clay Court tie- Surface Total ®r* RE- TAPING LINES Fast -Dry Pro Courts Welch 3 - Swim GItjb Courts 1 through 14 (14 courts) $16,965 ,vl $11,284 $17,100 Remove old lines and scratch down surface where old line tapes were removed. Apply 112 ton of new Har -Tru surface material per court to fill in any low areas where new lines will be installed. Install new herringbone style line tapes secured with 2 ill" aluminum nails to USTA specifications. Roll line tape. Re -paint net posts. All waste removed to dumpster. Job cast to include all materials and labor. 4 - Tennis Center - Option 1 Courts 1 through 12 (12 courts) $14,355 ci $9,560 ,� $14,225 ✓ Remove old tines and scratch dawn surface where old line tapes were removed. Apply 112 ton of new Hydroblend surface material per court to till in any low areas where new lines will be installed. Install new herringbone style line tapes secured with 2112" aluminum nails to USIA specifications. Roll line tape. Re -paint net posts_ All waste removed to dumpster. Job cost to include all materials and labor. .r Courts 1 through 8 (8 courts) $8x570 ` Remove old lines and scratch down surface where ofd tine tapes were removed. Apply 112 ton of new Hydr©blend surface material per court to fill in any low areas where new lines will be installed. Install new herringbone style line tapes secured with 2112" aluminum nails to USTA specifications. Boll line tape. Re -paint net posts. All waste removed to dumpster. Job cost to include all materials and labor. 6 - Tennis Cent2r. - Option 3 Courts 1 through 4 (4 courts) $4,785 $3,320 $4,740 Remove old lines and scratch down surface where old line tapes were removed. Apply 112 ton of new Hydroblend surface material per court to fill in any low areas where new lines will be installed. Install new herringbone style line tapes secured with 2 112., aluminum nails to USIA specifications. Roll line tape. Re -paint net posts, All waste removed to dumpster. Job cost to include all materials and labor. Clay Court Re- Surface Total Re-Taping Linea Total TOTAL Recommended Projects (Numbers 1, 2, and 5) TWAT # 71' MEMORANDUM TO: Mayor and City Commissioners FROM: Danielle Connor, Fire Chief THROUGH: Louie Chapman, Jr., City Manager DATE: June 10, 2013 SUBJECT: AGENDA ITEM 8.R.2 - REGULAR COMMISSION MEETING OF JUNE 18, 2013 PURCHASE AWARD/ ZOLL MEDICAL CORPORATION ITEM BEFORE COMMISSION That the Delray Beach Fire - Rescue Depart (DBFR) purchase six (6) recertified Zoll E Series 12 -Lead EKG Cardiac Monitor /Defibrillators from BoundTree Medical in the amount of $52,000. Units are equipped with carrying case, printer paper, three (3) batteries, sensors, cables, electrodes, blood pressure cuff, hose, and one (1) year warranty. BACKGROUND 12 -Lead EKG Cardiac Monitor /Defibrillators play a prominent role in the level of emergency medical service provided to the residents and visitors of Delray Beach. Zoll E Series Cardiac Monitors /Defibrillators offer technology for paramedics to transmit 12 -lead electrocardiograms to receiving hospitals. This reduces the time a physician requires to assess ST Elevation Myocardial Infarction (STEMI) heart attack victims. Combining this technology along with the InMotion Onboard Mobile Gateway (oMG) affords a seamless transmission of vital information so emergency room and cardiac catheterization staff can prepare prior to patients arriving at their facility. In addition, Zoll E Series Cardiac Monitor /Defibrillators can measure saturation of peripheral oxygen (Sp02), partial pressure or maximal concentration of carbon dioxide at the end of an exhaled breath (EtCO2), non- invasive blood pressure (NiBP), performs heart pacing and defibrillation, which are all critical procedures for improving cardiac patient outcomes. This purchase will replace six (6) frontline older technology M Series Monitor /Defibrillators. four (4) units will be used for trade -in and two (2) will retained for special event deployment. BoundTree Medical provided the lowest of the attached three quotes. FUNDING SOURCE CIP Project #11 -015 334 - 2311 -522 -64.90 $52,000.00 RECOMMENDATION Staff recommends approval. 5000 Tuttle Crossing Blvd Dublin, OH 43016 Phone: 800-533-0523 Fax: 800 -257 -5713 Quotation Date: Valid Until: Quotation #: Account Name: DELRAY BEACH FD Account Number: BILL TO: SHIP TO: 5/31/2013 7/30/2013 113197 Contact Name: EMS Chief Anderson Phone No: Account Manager: Ship Method Payment Terms Chic Price No freight Net 30 Sales Tax will be applied to customers who are not tax exempt. Shipping charges will be prepaid and added to the invoice unless otherwise stated. Page 1 of 1 Item Number BTM's Description Ulm Price Qty 4610- Re- Certified Zoll E Series 12 -Lead, Biphasic, Pacing, ZE12BiPSBCA ............................................................................................................................-................................................................................................................................... Sp02, EtCO2, N1BP, AED EA $ 10,500.00 6 $ 63,000.00 1 year ......................................................................................................................................................................................................................................................... 1 year warranty EA $ - 6 ............................... $ - Carrying Case, Printer Paper, 3 Batteries, SP02 Sensor, ............................... Cables, Electrodes, Blood Pressure Cuff and Hose, Accessories EtCO2 sensor EA $ - 6 $ - Trade -In (3) M Series ZM12BiPSBA EA $ (7,500.00) 1 ...... ............................... $ (7,500.00) Trade -In (1) M Series ZM12BiPSBA w /EtCO2 EA $ (3,500.00) 1 ....... ............................... $ (3,500.00) Merchandise Total: $ 52,000.00 Sales Tax will be applied to customers who are not tax exempt. Shipping charges will be prepaid and added to the invoice unless otherwise stated. Page 1 of 1 Rented Equipment Quote: 052813CW2 Bill To: PO Box 12871 Delray Becach Fire Rescue Rochester, NY 14612 501 W. Atlantic Avenue Phone 800 - 735 -8078 Delray Beach FL. 33444 Fax 800 - 790 -8364 Attn: Chief Anderson Qty: Description: Amount: Total: 6 Refurbished Zoll E Series Biphasic Defibrillator $9,275.00 $55,650.00 With 12 Lead EKG Cable, Pacing Cable, AED, SPo2 Finger Sensor, NIBP Hose and Cuff, End Tidal CO2, 12 New Batteries, 6 Sets of Adult Pads Blue Tooth and a Carrying Case The Zoll E Series with have had a preventive maintenance and calibration done before being shipping to the customer Trade In 4 Zoll M Series Biphasic Defibrillator With 12 Lead EKG Cable, Pacing Cable, AED, SPo2 Finger Sensor, NIBP Hose and Cuff and a Carrying Case Total ($1,200.00) ($3,600.00) $52,050.00 Terms COD or Credit Card 1 Year Warranty: Warranty covers normal equipment failure it does not cover misuse or abuse �a PROGRESSIVE MEDICAL INTERNATIONAL 2460 ASH STREET VISTA, CA 92081 (760) 597 -5500 Sold To: DELRAY BEACH FIRE RESCUE 501 West Atlantic Avenue DELRAY BEACH, FL 33444 Confirm To: STEVE MAYES Order Number: 0362858 Order Date: 5/2212013 Salesperson. 0002 Customer Number; 01 -PROST Ship To: DELRAY BEACH FIRE RESCUE 501 West Atlantic Avenue DELRAY BEACH, FL 33444 Page: 1 Customer P,O. Ship VIA F.O.B. Terms NO CHARGE FREE SHIPPING Item Number tlnit Ordered Shipped Back Order Price Amount ZEBPSTNC FR EACH 6 0 0 12,500.0000 ZOLL E SERIES BI PACING SP02 1 Whse: BIO ZOLL F SERIES BIPHASIC PACING SP02 12LD NIBP CO2 BLUETOOTH FACTORY REFURBISHED UNITS HAVE BEEN REFURBISHED AND RECERTIFIED BY ZOLL AT THE ZOLL FACTORY. UNITS WILL SHIP IN ZOLL BOXES WITH ALL ZOLL PAPERWORK lNSP EACH 6 0 0 0.0001 NEW CARRYING CASE $565 VALUE EACH EACH UNIT INCLUDES: ACCESSORY KIT: (1) TRUNK CABLE WITH V LEADS, (1) LIMB LEAD CABLE, (1) MULTI - FUNCTION CABLE, (1) MULTI - FUNCTION ELECTRODES, (1) SP02 PROBE AND EXT, (1) BP CUFF AND HOSE, (1) CO2 CABLE, (2) BATTERIES, (1) PAPER, (1) MANUAL, 12 MONTH WARRANTY lNSP EACH 3 0 0 2,000.0000 - TRADE IN M- SERIES ZOLL M SERIES- BIPHASIC PACING SP02 12LD NIBP /NSP EACH 1 0 0 3,000.0000 - TRADE IN M- SERIES ZOLL M SERIES- BIPHASIC PACING SP02 12LD NIBP CO2 Net Order: Less Discount: Freight: Sales Tax: Order Total: 75,000.00 0.00 6,000.00- 3,000.00- 66,000.00 0.00 0.00 0.00 66,000.00 MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Interim Director of Parks and Recreation THROUGH: Louie Chapman, Jr., City Manager DATE: June 14, 2013 SUBJECT: AGENDA ITEM 8.R.3 - REGULAR COMMISSION MEETING OF JUNE 18, 2013 PURCHASE AWARD /AG- TRONIX ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of four (4) Computerized Irrigation Systems (96 stations Irrinet M AC) from AG- Tronix in the amount of $22,609.50. BACKGROUND Parks and Recreation requests approval to purchase four (4) Computerized Irrigation Systems to be installed at Robert P. Miller Park's Little Fenway and Sergio baseball fields, Merrit Park, and Fire Station #5. Quotes were requested from AG- Tronix and Contemporary Controls & Communications, Inc. the only two companies in the State of Florida who sell and install this system. AG- Tronix quoted $22,609.50 and Controls was $23,941.29. Both companies included radios, antennas, surge protectors, brackets and installation of the (4) systems. AG- Tronix the lowest bid has installed several systems and their performance meets all requirements. FUNDING SOURCE Funding is available from account #119- 4151 -572 -64.90 - CIP 12/13. RECOMMENDATION Parks and Recreation recommends approval to purchase four (4) new computerized systems in the amount of $22,609.50 from AG- Tronix, who provided the lowest quote. COMPUTERIZED IRRIGATION SYSTEMS AG- TRONIX CONTEMPORARY CONTROLS Miller Park /Fenway Field 1 -36 station Irrinet M AC and accessories w /Pedestal $6,601.50 $6,883.56 Miller Park /Sergio Field 1 -36 station Irrinet M AC and accessories in 24" x 36" x 12" SS Cabinet and Pedestal $8,891.00 $8,727,31 Merrit Park 1 -12 station Irrinet M AC and accessories. No Cabinet and No Pedestal $3,558.50 $4,165.21 Fire Station #5 1 -12 station Irrinet M AC and accessories. No Cabinet and No Pedestal $3,558.50 $4,165.21 TOTAL 1 $22,609.50 $23,941.29 I CUSTOMER NAME I City of Delray Beach Parks & Rec. 100 NW l A Ave. Delray Beach, Fl. 33444 QUOTATIONUPROPOSAL DATE QUOTE NO. 5/22/2013 2852 QUOTE GOOD FOR 60 DAYS. Sonya @ag- tronix.com www. ag- ttonix. com TERMS REP SHIP VIA PROJECT Net 30 SLC ITEM DESCRIPTION QTY PRICE TOTAL Miller Park/ Fenway Field 1-36 station Irrinet MAC and accessories w/Pedestal Only F4860A 1RRInet -M AC 12 DO and 4 DI, Without Radio -2 1 6,601.50 6,601.50 Add AC 41121/0 Expansion Kit -1 CDM750 Radio 403 -470 MHZ -1 CDM Radio Installation Kit for Moscad -1 115V - 24V, 75VA Transformer for IRRInet M -2 Power supply, switching, in; 85- 264VAC, out ;12VDC, 12.5A, 150W, power factor corr -1 Surge Protector AC 4in /l2out -3 Leviton Surge Protection -1 LMR400 20' Antenna cable w/ cone (LMR400) -1 Yagi Antenna 450 -4701 THE 7.1 db (N Female) -1 Antenna Extension Pole -1 SS Pedestals 24W X 1214 X l OD -1 Thank you for your business_ TOTAL $6,601.50 QUOTE GOOD FOR 60 DAYS. Sonya @ag- tronix.com www. ag- ttonix. com I CUSTOMER NAME I City of Delray Beach Parkas & Rea I00 NW 1 st Ave. Delray Beach, Fl. 33444 QUOTATION/PROPOSAL DATE QUOTE NO. 5122/2013 2851 QUOTE GOOD FOR 60 DAYS. Sonya @ag- tronix.com www.ag- tronix.com TERMS REP SHIP VIA PROJECT Net 30 SLC ITEM DESCRIPTION QTY PRICE TOTAL Miller Parts/ Sergio Field 1-36 station Ininet MAC and accessories in 24" x 36" x 12" SS Cabinet and Pedestal F4860A iMnet -M AC 12 DO and 4 DI, Without Radio -2 1 8,891.00 8,891.00 Add AC 4112 I/O Expansion Kit -1 CDM750 Radio 403470 MHZ -1 CDM Radio Installation Kit for Moscad -I 115V - 24V, 75VATransfonner for TRRlnetM -2 Power supply, switching, in:85- 264VAC, out:12VDC, 12.5A, 150W, power Factor corr- 1 Surge Protector AC 4in /l2out -3 Leviton Surge Protection -1 GFI W /Switch and Cover Leviton (15Amp) -1 Single Gaug Box -I LMR400 20' Antenna cable w/ conn (LMR400) -1. Yagi Antenna 450- 470UiIF 7. ldb (N Female) -1 Antenna Extension Pole -1 SS Enclosure 24W X 36II X 12D -I SS Pedestals 24W X 12H X 101) -1 Assembly & Burn In -1 Thank you for your business. TOTAL $8,897.00 QUOTE GOOD FOR 60 DAYS. Sonya @ag- tronix.com www.ag- tronix.com CUSTOMER NAME City of Delray Beach Parks & Rec. 100 NW 1 st Ave. Delray Beach, Fl. 33444 QUOTATIONUPROPOSAL DATE QUOTE NO. 5/24/2013 2864 QUOTE GOOD FOR 60 DAYS. Sonya @ag- tronix.com www.ag- tronix. com TERMS REP SHIP VIA PROJECT Net 30 SLC ITEM DESCRIPTION QTY PRICE TOTAL Merritt Park 1 -12 station Irrinet MAC and accessories. No Cabinet and No Pedestal F4860A IRR1net M AC 12 DO and 4 DI, Without Radio 1 3,558.50 3,55850 CDM750 Radio 403 -470 M1-1Z -I CDM Radio Installation Kit for Moscad -1 It 5V - 24V, 75VA Transformer for IRRIuct M -1 Power supply, switching, in:85- 264VAC, out: I2NDC, 125A, 150W, power factor corr -1 Surge Protector AC 4in /Rout -1 Leviton Surge Protection -1 LMR400 20' Antenna cable w/ cone (LMR400) -1 Yagi Antenna 450- 470UHF 7.1 db (N Female) -I Antenna Extension Pole -1 Thank you for your business. TOTAL hi $3,55 &.50 QUOTE GOOD FOR 60 DAYS. Sonya @ag- tronix.com www.ag- tronix. com Mlx� 0�� CUSTOMER NAME City of Delray Beach Parks & Rec. 100 NW 1 st Ave. Delray Beach, Fl. 33444 QUOTATIONUPROPOSAL DATE QUOTE NO. 5/24/2013 2862 QUOTE GOOD FOR 60 DAYS. Sonya@ag- tronix.com www.ag- tronix.com TERMS REP SHIP VIA PROJECT Net 30 SLC ITEM DESCRIPTION QTY PRICE TOTAL Fire Station 45 1 -12 station Irrinet M AC and accessories. No Cabinet and No Pedestal F4860A IRRIuet -M AC 12 DO and 4 DI, Without Radio 1 3,558.50 3,558.50 CDM750 Radio 403 -470 MHZ -1 CDM Radio Installation Kit for Moscad -1 1.15V - 24V, 75VA Transformer for IRRInet M -1 Power supply, switching, in: 85- 264VAC, out: 12VDC, 12.5A, 150W, power factor con -1 Surge Protector AC 4in112out -1 Leviton Surge Protection -1 LMR400 20' Antenna cable wl conn tLMR400) -1 Yagi Antenna 450- 470UHF 7.1db (N Female) -1 Antenna Extension Pole -1 Thank you for your business. TOTAL $3,558.50 QUOTE GOOD FOR 60 DAYS. Sonya@ag- tronix.com www.ag- tronix.com CONTEMPORARY CONTROLS & COMMUNICATIONS, INC. 505 WEST HICKPOCHEE AVE. SUITE 200, BOX 107 LABELLE, FL 33935 Name /Address CITY OF DELRAY BEACH 100 NW 1st AVENUE DELRAY BEACH, FLORIDA 33444 ATTENTION: Tim Simmons Fenway Field 36 station IRRInet-M IRRlnet -M AC 24DO /8DI W/O Radio IRRlnet -M AC 12DO14DI, W/O Radio CDM750 UHF RADIO 403- 470MHz 1 -25W CDM INSTALLATION KIT FOR MOSCAD EEPROM PROGRAMINGIFLASHING 24" W- 12 "H -10 "D STAINLESS STEEL PED 110 To 24V AC Transformer for AC Solenoids IRRINET PS CHARGER 115 VAC /14 VDC -8A APC 214 PROTECTION MODULE (LEVITON) SURGE PROTECTION /NOISE FILTER BATTERY 12 @ 5AH Battery Power Cable ACE DC CABLE FROM PS TO IRRlnet -M 406 -420 7.1 dB YAGI MYA4063 1 114" X 5' Pre -Gal Mast MLB -I2 -AC SWITCHABLE OUTPUT PROTECTION GFCI 15A RECEPTACLE 4 SO OUTLET BOX 2 118 DP 112 AND 314 KO WELDED TOTAL AMOUNT INSTALLATION IS NOT INCLUDED. Proposal � ft 4 5!22!20'13 7348 M 1: Fax # 0.00 0.00 563 -675 -2372 I: 1 0.00 1 1= 0.00 1 I? 0.00 0.00 1 0.00 0.00 1 f 0.00 1 0.00 1 0.00 M 1: Fax # 0.00 1_ 563 -675 -2372 0.00 1 httpp : / /eontrols.iembargspace.com 0.00 1= 2 ( 0.00 31 ? 0.00 'I Ow 6,883.56 0.00 0.00 6,883.56 $6,883.56 Phone # Fax # E -mail Web Site 563 -675 -2372 863 -675 -7140 holman863@)�embargmail.com httpp : / /eontrols.iembargspace.com CONT MPOR-AkY CONTROLS & Name/Address CITY OFDELRAY BEACH 10 NW 1k AVENUE DEL AY BEACH, FLORIDA 33444 ATTENTION: Tim Simmons Sergio meld 36 station RmnelU } E-mail &et Site ( «&67»71# jRRi http://controls,(lfmbarqspace.com #% ACS DOaD W/O Ra io 0.0 §RmnetM AC12DO 4D, W/ Radio ( } } ¢0 .CDM7 UHFRa204 34 OMH 1 -5W ( �( [ [ &oo ;CDM INSTALLATION KIT FOR MOSCAD : ][ [ ( &oo - EEPROM PROGRAM WGF SLANG 0.00 .2 "SS Enclosure . ( �[ - � [ o.O o .24 "m4 2H17D STAINLESS STEEL PED ( Eoo 110T 2 V AC Transformer for AC Solenoids } ]) § roo RRINET PS CHARGER 115VaU14 VDC8 ) �[ ( E00 APC214 PROTECTION MODUS (LEVITON) SURGE ( ] 0.00 PROTECTION/NOISE FILTER ( BATTERY 12 A 5AH ( 1\ } \ 0.0 Battery Power Cable ACE } 1( ! DC CABLE FROM PS TO RmnelU } 1! \ } &d 406-2 7.1 dBYa9 MYA03 : 1 \ ( ( 0.00 1 114 X e Pre G@ Mast ( 2 ! ! E UL 4 &AC SWITCHABLE OUTPUT \ 3) ( \ E PROTECTION } , GFq 15A RECEPTACLE ( ]( ( 4 S OUTLET BOX 21$ DP 49 AND $4 KO ( �( ) \�� WELDED , } § TOTAL AMOUNT ( ] \ 872:]( 8,727.31 INSTALLATION IS NOT INCLUDED. [ ( T » < $8,727.31 Phone « max« E-mail &et Site 863-675-2372 «&67»71# kkr«a@ mbarqma ±mm http://controls,(lfmbarqspace.com CONTEMPORARY CONTROLS & COMMUNICATIONS, INC. 505 WEST HICKPOCHEE AVE. SUITE 200, BOX 107 LABELLE, FL 33935 Name /Address CITY OF DELRAY BEACH 100 NW 1st AVENUE DELRAY BEACH, FLORIDA 33444 ATTENTION: Tim Simmons Merritt Park 12 station IRRlnet -M IRRlnet -M AC 12D014DI, W/O Radio CDM750 UHF RADIO 403- 47OMHz 1 -25W C43m KT F1 3R'1, os AD EEPROM PROGRAMING /FLASHING 110 To 24V AC Transformer for AC Solenoids IRRINET PS CHARGER 115 VAC/14 VDC -8A APC 214 PROTECTION MODULE (LEVITON) SURGE PROi'EC710NMO1SE F10ER BATTERY 12 @ 5AH Battery Power Cable ACE DC CABLE FROM PS TO IRRlnet -M 406 -420 7,1 dB YAGI MYA4063 1 114" X 5' Pre -Gal Mast MLB -12 -AC SWITCHABLE OUTPUT PROTECTION IGFCI 15A RECEPTACLE 4 SQ OUTLET BOX 2 118 DP 112 AND 3I4 KO WELDED AL AMOUNT INSTALLATION IS NOT INCLUDED. Proposal 5/22/2013 i1 7347 um 4,165.21 0.00 0.00 4.443 0.00 0.00 0.00 ,1 e 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,165.21 $4,165.21 Phone # Fa x# E -mail Web Site 863 -675 -2372 863- 675 -7140 holmati8630a embargmail.com http: / /controts.embargspace.com CONTEMPORARY CONTROLS & COMMUNICATIONS, INC. 505 WEST HICKPOCHEE AVE. SUITE 200, BOX 107 LABELLE, FL 33935 Name /Address CITY OF DELRAY BEACH 100 NW 1st AVENUE DELRAY BEACH, FLORIDA 33444 ATTENTION: Tim Simmons Fire Station # 5 12 station IRRlnet -M IRRlnet -M AC 12DOAD1, W/O Radio CDM750 UHF RADIO 403- 470MHz 1 -25W CDM INSTALLATION KIT FOR MOSCAD EEPROM PROGRAMING/FLASHING 110 To 24V AC Transformer for AC Solenoids IRRINET PS CHARGER 115 VAC114 VDC -8A APC 214 PROTECTION MODULE (LEVITON) SURGE PRt7T1=CT10N7N01SE F11-7ER BATTERY 12 @ 5AH Battery Power Cable ACE DC CABLE FROM PS TO IRRlnet -M 406 -420 7.1 dB YAGI MYA4063 1 1/4" X 5' Pre -Gal Mast MLB -12 -AC SWITCHABLE OUTPUT i PROTECTION GFCI 15A RECEPTACLE 4 SQ OUTLET BOX 2 1/8 DP 112 AND 314 KO WELDED TOTAL AMOUNT INSTALLATION IS NOT INCLUDED. ` 5122/2013 i 7346k 0.00 0.00 4.9,16 0.00 0.00 0,00 0.00 T 4,165.21 0.00 0.00 4,165.21 $4,165.21 Phone # Fax # E -mail Web Site 1 863- 675 -7140 holman863 d embargmail.com 0.00 1 € 0.00 1 I 0.00 2 a 0.00 1 fi ( 0.00 T 4,165.21 0.00 0.00 4,165.21 $4,165.21 Phone # Fax # E -mail Web Site 863- 675 -2372 863- 675 -7140 holman863 d embargmail.com htLp! / /control_s.embargspace.com Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: June 18, 2013 Page 1 of 1 SUBJECT: AGENDA ITEM 8.S. - REGULAR COMMISSION MEETING OF JUNE 18, 2013 RE- OPENING THE DELRAY SWIM AND TENNIS POOL FACILITY (ADDENDUM) ITEM BEFORE COMMISSION I am seeking Commission approval to re -open the pool at the Delray Swim and Tennis Pool facility. Because it was closed by Commission action, I need Commission permission to re -open the facility. BACKGROUND This pool was closed as a budgetary measure in October 2012. However, because of the nature of swimming pools, many aspects of the pool's operation have had to be maintained although no patrons have been allowed to use the facility. Parks and Recreation have done an analysis of the re- opening. The pool can be opened for the remainder of the fiscal year (September 30, 2013 without an increase to the overall departmental budget. There would be an on -going cost associated with its operation for the 2013 -14 fiscal year. FUNDING SOURCE 001- 4131 -572 -12.10 and 001- 4126 -572 -12.10 per the attached supporting documentation. RECOMMENDATION City Manager recommends approval. http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 6886 &MeetingID =452 6/18/2013 MEMORANDUM Q'd Y 8 TO: Louie Chapman, Jr., City Manager FROM: James Scala, Ocean Rescue Superintendent Alberta Gaum, Recreation Superintendent 1 - THROUGH: �m Simmons, Interim Director of Parks and Recreation SUBJECT: Delray Swim and Tennis Pool DATE: June 17, 2013 The Parks and Recreation Department would be able to fund opening the Delray Swim and Tennis with abbreviated hours for the remainder of the fiscal year. The cost to operate the pool for 3 months would be $ 10,045.12. This includes two (2) part --time salaries plus FICA for manning the site and all required chemicals. Funds will be available at the end of the fiscal year through a payroll surplus realized within other divisions. 5 hours x 2 staff x 6 days = 60 hours per week 60 hrs / -vvk. x $ 11.67 (part -time lifeguard rate) plus FICA = $753.76/wk. Chemicals = $1,000.00 A minimum of two pool lifeguards per day are needed to safely staff the DST pool. These would be new hires as Pompey Park Pool does not have sufficient staff to cover these hours. As pool hours are extended to 6 days per week for the summer which is peak season for patronage and programs the current aquatics budget provides just enough part -time hours for adequate staffing during these summer hours and programs at Pompey Pool. The qualifications of Ocean Rescue Officers are more closely related to Fire Rescue than pool lifeguards. Ocean Rescue Officers are licensed EMT's and part of the collective bargaining agreement between the City and Professional Firefighters/ Paramedics of Palm Beach County. This collective bargaining agreement does not allow for Ocean Rescue employees to work as pool lifeguards. In order to continue operating the Delray Swim and Tennis Pool in the upcoming fiscal year (2013/2014) a budget revision to include one (1) full- time, two (2) part -time positions, additional chemicals and supplies would be recommended. MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: Brian Shutt, City Attorney DATE: June 6, 2013 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF JUNE 18, 2013 AMENDMENT NO. 1 TO THE CONTRACT FOR SERVICES/ BALLARD PARTNERS, INC. ITEM BEFORE COMMISSION This Amendment No. 1 to the Contract for Services between the City of Delray Beach and Ballard Partners, Inc. is before the Commission in order for the Commission to consider extending the state lobbying service contract that we currently have with Ballard Partners, Inc. that is scheduled to expire on June 30, 2013. BACKGROUND The City entered into a contract for state lobbying services with Ballard Partners, Inc. on December 14, 2012 for the purpose of advocating for the passage of legislation dealing with "Sober Houses ". At the end of this year's legislative session, the legislature directed Department of Children and Families ( "DCF ") to examine the feasibility, cost, and consequences of licensing, regulating, registering, or certifying sober homes and their operators and submit a plan of action to the Governor, President of the Senate, and Speaker of the House of Representatives on October 1, 2013. This directive or "proviso" referenced above came about as a result of the efforts of Ballard Partners, Inc. and Ballard Partners, Inc. has agreed to follow up with DCF and work with the City to keep us updated on DCF's progress and keep us involved in the process up through the next legislative session with Ballard continuing to advocate for the passage of legislation dealing with "Sober Houses ". The request is to extend the term of the current agreement through June 30, 2014 and pay Ballard the same rate of $15,000 for services rendered (plus reasonable costs associated with the representation, with costs exceeding $250 requiring pre- approval by the City). FUNDING SOURCE Funding is available from 001- 1111 -511 -34.90 (Other Contractual Services) in the current fiscal year budget for the first $7,500 payment due under Amendment No. 1. Funding for the second $7,500 payment (due on January 1, 2014) will need to be budgeted in the next fiscal year's budget (FY 13 -14). RECOMMENDATION The City Attorney's office recommends approval. CONTRACT FOR SERVICES This contract is entered into between City of Delray Beach, Florida ( "the Client "), 100 NW I" Avenue, Delray Beach, FL 33444, and Ballard Partners, Inc. ("the Firm "), 403 East Park Avenue, Tallahassee, FL 32301. Recitals Whereas, the Client wishes to retain the services of the Firm in order that the Firm may represent the Client's interests before the Florida Legislature and executive agencies; and Whereas, the Firm wishes to provide such representation as the Client may from time to time require; and Whereas, the parties have agreed to the terms under which the Firm will represent the Client and wish to memorialize their agreement in writing. Now, therefore, in consideration of the mutual covenants herein contained and intending to be legally bound hereby, the parties agree as follows: 1. Term of Agreement. This agreement shall become effective on November 1, 2012 and shall remain effective until June 3 0, 2013. 2. Duties of The Firm. It shall be the Firm's duty to advocate the interests of the Client before the Florida Legislature and executive agencies of Florida government. More specifically, the Firm shall advocate for the passage of legislation dealing with "Sober Houses ". Included within the scope of the Firm's duties is the advocacy for passage or defeat of legislation that is relevant to the Client. It shall further be the Firm's duty to inform the Client of developments in legislation and policy relevant to the Client's operations. 3. Duties of The Cli ent. It shall be the Client's duty to inform the Firm of its wishes with regard to legislative and executive advocacy and to provide the Firm the information necessary to best represent the Client in Florida. It shall also be the Client's duty to timely compensate the Firm for its services. 4. Compensation. The Firm shall receive from the Client $15,000 for this agreement, plus the reasonable costs associated with the representation, including but not limited to, lobbyist registration fees, excluding costs typically associated with the operation of an office, such as overhead, staff, and equipment. These, or any costs in excess of $250 must be pre- approved by the Client. The fee shall be paid in 2 equal installments with the first installment of $7,500 due on December 1, 2012 and second installment of $7,500 due on January 1, 2013. The Firm will bill costs monthly. CITY OF DELRAY BEACH, RIDA BALLARD PARTNERS, INC. By: 505bO By: Brian D. and Title: tj1 Q- W. Title: President 46 . b Date: ! c �►2 (,0 Z Date: December 14, 2 012 Approved as to form and ftal su . ancy: fly City AttorneV /27q/1 2 2 AMENDMENT NO. 1 TO THE CONTRACT FOR SERVICES BETWEEN THE CITY OF DELRAY BEACH AND BALLARD PARTNERS, INC. THIS AMENDMENT NO. 1 to the Contract for Services between the City of Delray Beach and Ballard Partners, Inc. dated December 14, 2012 is made this day of , 2013, by and between the CITY OF DELRAY BEACH, FLORIDA, hereinafter referred to as "the Client" and BALLARD PARTNERS, INC., hereinafter referred to as "the Firm ". WITNESSETH: WHEREAS, the Client and the Firm are desirous of amending the Contract for Services dated December 14, 2012 in order to extend the term of the contract for services for an additional year. NOW, THEREFORE, in consideration of the promises and covenants herein contained, the parties agree as follows: 1. Recitations. The recitations set forth above are incorporated as if fully set forth herein. 2. Revisions. Paragraphs 1 and 4 of the Contract for Services are amended as follows: 1. Term of Agreement. This agreement shall become effective on November 1, 2012 and shall remain effective until June 30, 241-3 2014. 4. Compensation. The Firm shall receive from the Client $15,000 for this agreement, plus the reasonable costs associated with the representation, including but not limited to, lobbyist registration fees, excluding costs typically associated with the operation of an office, such as overhead, staff, and equipment. These, or any costs in excess of $250, must be pre- approved by the Client. The fee shall be paid in 2 equal installments with the first installment of $7,500 due uupon DecembeF 1, 2-012 execution of this agFeemen Amendment No. 1 and the second installment of $7,500 due upon January 1, 241-3 2014. The Firm will bill costs monthly. 3. Full Force and Effect. All other terms and conditions of the Contract for Services Agreement not expressly modified by this Amendment No. 1 thereto remain in full force and effect. 4. Effective Date of Amendment No. 1 to the Agreement. This Amendment shall not be effective until it is approved by the City Commission and signed by both parties. IN WITNESS WHEREOF, the parties hereto have set their hands, the day and year first above written. ATTEST: City Clerk Approved as to form and legal sufficiency: By: City Attorney �i4 *�f Print Name: FA CITY OF DELRAY BEACH, FLORIDA By: Cary D. Glickstein, Mayor Date: BALLARD PARTNERS, INC. Date: Brian D. Ballard, President MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: June 14, 2013 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF JUNE 18, 2013 DISCUSSION OF WASTE MANAGEMENT REPORT FROM OUTSIDE COUNSEL ITEM BEFORE COMMISSION This item is before Commission to discuss the report and appointment of Weiss Scrota Helfman Pastoriza Cole & Boniske as outside counsel regarding the Waste Management Agreement. BACKGROUND A comprehensive legal analysis was received from Jamie Alan Cole P.A., outside counsel with Weiss Scrota Helfman Pastoriza Cole & Boniske, regarding the requirement of the competitive process prior to the extension of the Waste Management Agreement. In the report Mr. Cole also provides options available to the City to remedy the violation of City procurement regulations. RECOMMENDATION It is the City Manager's recommendation to seek a Declaratory Judgment on the matter using Weiss Scrota Helfman Pastoriza Cole & Boniske as outside legal counsel. WEISS SEIROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. MITCHELL BIERMAN, P.A. ATTORNEYS AT LAW ADRIAN J. ALVAREZ NINA L. BONISKE, P.A. A PROFESSIONAL LIMITED LIABILITY COMPANY LILLIAN M. ARANGO MITCHELL J. BURNSTEIN, P.A. INCLUDING PROFESSIONAL ASSOCIATIONS SARA E. AULISIO JAMIE ALAN COLE, P.A. SONJA C. DARBY STEPHEN J, HELFMAN, P.A. BROWARD OFFICE R013FRT H. DE FLESCO GILBERTO PASTORIZA, P.A. BROOKE P. DOLARA MICHAEL S, POPOK, P.A. 200 EAST BROWARD BOULEVARD RAQUEL ELEJABARRIETA JOSEPH H. SEROTA, P.A. CHAD S. FRIEDMAN SUSAN L. TREVARTHEN, P.A. SUITE 1900 ERIC P. HOCKMAN RICHARD JAY WETSS, P.A, FORT LAUDERDALE, FLORIDA 33301 HARLENE SILVERN KENNEDY" DAVID M. WOLPIN, P.A. KAREN LIEBERMAN* JOHANNA M. LUNDGREN TELEPHONE 954- 763 -4242 MIA R. MARTIN DANIEL L, ABBOTT ALEIDA MARTINEZ MOLINA* GARY L. BROWN FACSIMILE 954 - 764 -7770 KATHRYN M. EY JONATHAN M. COHEN WWW.WSH- LAW.COM ROBERT A. M MEYER S* IGNACIO G. DEL VALLE MATTHEW PEAR* JEFFREY D. DECARLQ MIAMI -DADE OFFICE JOHN J. QUICK ALAN L. GA13RIF-L 2525 PONCE DE LEON BOULEVARD • SUITE 700 TIMOTHY M. RAVICH4 DOUGLAS R. GONZALES CORAL GABLES, FLORIDA 33134 AMY J. SANTIAGO EDWARD G. GUEDES TELEPHONE 305 -854 -0800 • 3✓ACSIMILE 305- 854 -2323 GAIL D. SEROTA JOSEPH HERNANDEZ JONATHAN C. SHAMRES JOSHUA D. KRUT ESTRELLITA S. S €BILA MATTHEW H. MANDEL ANTHONY L. RECIO OF COUNSEL ALISON F, SMITH BRETT J. SCHNEIDER ANTHONY C. SOROKA CLIFFORD A. SCHULMAN EDUARDO M. SOTO ABIGAIL WATTS- FITZGERALD JOANNA G. THOMSON LAURA K. WENDELL A6 PETER D. WALDMAN JAMES E. WHITE June 13, 2013 SAMUEL I. ZESKIND Louie Chapman, Jr. City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 RE: Legal Analysis of Requirement of Competitive Process Prior To Extension of Solid Waste Hauling Contract Dear Mr. Chapman: You have asked this Firm to provide the City of Delray Beach (the "City ") with a legal analysis concerning the City's September 2012 extension of the Solid Waste, Vegetative Waste and Recycling Collection Franchise Agreement between the City and Waste Management Inc. of Florida ( "WM "), dated September 20, 2001 (the "Franchise Agreement "). This analysis addresses whether the extension of the Franchise Agreement violated the competitive procurement requirements set forth in Chapter 36 of the City's Code of Ordinances (the "Purchasing Ordinance "), and the City's potential remedies if such a violation exists. SUMMARY The City's Purchasing Ordinance governs the City's acquisition of contractual services and requires the City to use a competitive process' for the acquisition of contractual services "of $15,000 and up," unless a sole source or emergency exception applies. The Franchise Agreement contractually binds the City to pay WM for Collection Service charges that are far in excess of $15,000. There was no competitive procurement process used in connection with the September 1 The Purchasing Ordinance provides for the following types of competitive procurements for the acquisition of contractual services of $15,000 and up: solicitation of bids, solicitation of quotes, the utilization of another governmental agency's contract or a cooperative purchasing group contract. Mr. Louie Chapman, Jr. June 13, 2013 Page 2 of 9 2012 approval of Amendment No. 5, which provided for an 8 year extension of the Franchise Agreement. There were no more remaining renewal options available under the competitively procured Franchise Agreement. The sole source and emergency exemptions did not apply. The former City Manager stated at the time that he did not believe the Franchise Agreement extension needed to comply with the City's competitive procurement requirement because the payment relationship of the parties presents a "pass through." However, the City's Purchasing Ordinance does not exempt "pass through" expenditures from the City's competitive procurement requirements. The view that Amendment No. 5 is a "pass through" rather than an expenditure of City funds, and therefore does not require competition, conflicts with the language of the Franchise Agreement, the Purchasing Ordinance, and Florida law on the proper interpretation of city ordinances and competitive bidding laws. The Florida Supreme Court has held that competitive bidding laws should be construed in a manner that avoids their circumvention and in a manner most favorable to the public. Moreover, even if there was an exemption for "pass through" expenditures, in this case the City is required to pay WM regardless of whether the City collects from its residents, and thus it is not a "pass through." Accordingly, it is our opinion that the City's Purchasing Ordinance required Amendment No. 5 to be competitively procured in a manner authorized by the Purchasing Ordinance. The Florida Supreme Court has long held that contracts entered into by local governments in violation of competitive bidding laws are void and no rights can be acquired under them by the contracting party. If the validity of Amendment No. 5 comes before the court for a determination, there is a significant chance, based on existing case law, that the court will declare Amendment No. 5 void. History and Background InformationZ In 2001, the City issued Bid No. 2001 -021 for Solid Waste, Vegetative Waste and Recycling Collection Services. BFI Waste Systems of North America, Inc. ( "BFI ") was awarded a 5 year contract to provide solid waste, vegetative waste and recycling collection services ( "Collection Services ") to the City. The Franchise Agreement provided that it was "renewable for a five year term upon approval of both parties." In 2003, the City and WM entered into Amendment No. 1, dated September 29, 2003, which provided for the City's consent to WM's purchase of certain assets of BFI, including the 2 We have reviewed the following materials in connection with this analysis: (1) the Franchise Agreement; (2) Amendment Nos, 1, 2, 3, 4 and 5 to the Franchise Agreement; (3) Chapter 36 of the Code of Ordinances of the City of Delray Beach (the "Purchasing Ordinance "); (4) the City's Purchasing Manual, dated December 20, 1991 (the "Purchasing Manual "); (5) the January 3, 2012 Commission Meeting Minutes concerning the Waste Management Proposal Presentation [Agenda Item 7.C]; (5) the September 20, 2012 City Commission Meeting Minutes concerning the City Commission's approval of Amendment No. 5; (6) City Attorney R. Brian Shutt's legal opinion, dated May 16, 2013; and (7) Contract Oversight Notification 2012 -N -002, issued by the Palm Beach County of Inspector General. The undersigned did not review the bid documents from the 2001 Bid (Bid No. 2001 -021) that resulted in the Franchise Agreement. The City could not locate such records. The State record retention schedule (GSI -SL) provides that bid records for non - capital projects are only required to be maintained for five years after award. WEISS SEROTA HELFMAN PASTORIZA COLE & BONTSKE, P.L. Mr. Louie Chapman, Jr. June 13, 2013 Page 3 of 9 assignment of the Franchise Agreement to WM. Amendment No. I also amended the Term of the Franchise Agreement to "begin on October 1, 2003 and expire on September 30, 2008" and provide for one five year renewal option upon approval of both parties. Thus, Amendment No. 1 provided WM with a five year contract with one five year renewal option, The parties then entered into Amendment No. 2, which amended the frequency of certain collection services and provided for the collection of waste from public transportation shelter receptacles. In 2008, the City and WM executed Amendment No. 3 to the Franchise Agreement, which extended the Term of the Franchise Agreement for five years through September 30, 2013, thereby exercising the one renewal option provided for in Amendment No. 1. Thereafter, the parties executed Amendment No. 4, which clarified some of the terms and conditions in the Franchise Agreement and addressed certain administrative functions. At the City's January 3, 2012, Commission Meeting, WM made a presentation that included a proposal to extend the Franchise Agreement for five years with mutually agreed upon five year renewal options thereafter. The City Commission discussed WM's proposal and directed staff to work with WM on modifications to their proposal. After City staff met with WM to negotiate proposal modifications, City staff sent a Memorandum to the City Commission that outlined a revised proposal ( "Amendment No. 5 ") to extend the Franchise Agreement for an additional eight years through September 20, 2021, with an unspecified number of five year renewal options thereafter, exercisable upon approval of both parties. Amendment No. 5 was then placed on a City Commission agenda. On February 21, 2012, the Palm Beach County Office of Inspector General (the "OIG ") submitted a Draft Contract Oversight Notification to the City Manager recommending that the City procure a solid waste franchise agreement through full and open competition "since it has not been competitively bid for over 10 years." The former City Manager provided a response to the OIG, dated February 27, 2012, which provided in part: In the case of the solid waste collection franchise agreement, the money collected by the City for garbage service is passed through to the City garbage hauler.... Therefore, as the funds that were paid to WM, in accordance with the franchise agreement were a pass - through from the residents of the City, the City was not expending funds that would trigger the requirements of Section 36.02. Following the City Manager's response, the OIG issued Contract Oversight Notification 2012- N-002, dated March 1, 2012 (the "OIG Contract Oversight Notification "). The OIG Contract Oversight Notification states that the "the distinction the City is malting to exempt this procurement from the competitive requirements of the Procurement Ordinance does not appear to have a sound basis." The OIG renewed its recommendation to open the contract up to competition and maintained that the Purchasing Ordinance and Policy Manual required the solid waste collection services to be competitively procured. Thereafter, at the City's September 20, 2012 Commission Meeting, the City Commission approved Amendment No. 5 by a 3 -2 vote. The City and WM then executed Amendment No. 5, dated September 27, 2012, which extended the Term for eight (8) years with an expiration date of September 30, 2021 and provided for 5 year renewal options available upon approval by the parties. WErss SEHoTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Mr. Louie Chapman, Jr. June 13, 2013 Page 4 of 9 ANALYSIS I. The extension of the Franchise Agreement violated the Purchasing Ordinance. The City's acquisition of goods and services is governed by state law, the Purchasing Ordinance and the administrative procedures set forth in the City's Purchasing Manual. There is no specific state law that requires the City to competitively procure a Collection Services Contrace. Therefore, the provisions in the City's Purchasing Ordinance control the City's procurement of such collection services. Section 36.02 of the Purchasing Ordinance states: Whenever the Cit y shall seek to acquire personal property, supplies, or contractual services, the following procedures shall be implemented: (D) [Acquisitions of $15,000.00 and u For acquisitions of fifteen thousand dollars ($15,000.00) and up, purchases shall be made by the Purchasing Supervisor after the Commission has reviewed and awarded the bid /quote. Bids /quotes shall be secured in the manner prescribed in subsection (E) of this Section. (E) Conditions for Securing Formal Bids /Quotes. The Purchasing Supervisor shall either: (1) Solicit competitive bids /quotes in a formal written manner from at least three (3) different sources of supply when available; or (2) Utilize a purchasing contract established by a local, state or federal governmental agency or cooperative purchasing group. (Emphasis supplied) Section 10.05 of the City Code defines "shall" to mean that the act referred to is mandatory. Thus, the use of the word "shall" in the first sentence of City Code Section 36.02 above should be interpreted as imposing a mandatory obligation to implement a competitive procurement "whenever the City shall seek to acquire... contractual services ... of $15,000 and UP. " There was no competitive process used in connection with the S year term extension and renewals of the Collection Services provided for in Amendment No. 5. Although there was a competitive process for the Collection Services back in 2001 for the original Franchise Agreement, there were no remaining renewals under the terms of the Franchise Agreement for the parties to exercise. Amendment No. 5 is clearly not another governmental agencies' or cooperative purchasing group's contract so the piggyback process of Section 36.02(E)(2) was not utilized. Therefore, the City did not utilize a competitive process for procuring the services provided for in Amendment No. 5. Section 36.01 of the City Code requires that the "details of all City purchasing shall be performed in accordance with the latest current revision of a standard practice instruction as issued by the City Manager." Section V of the Purchasing Manual provides in pertinent part: 3 However, the Florida Legislature has expressed clear intent that public procurement be fair and open to competition. See Section 287.001, Fla. Stat. WEISS SExoTA HELFMAN PASTOk3IZA COLE & BONISKE, P.L. Mr. Louie Chapman, Jr. June 13, 2013 Page 5 of 9 With the exceptions of emergency and sole source purchases, purchase orders should not be issued without sufficient competition being solicited from vendors. The reasons for this requirement are threefold: 1. It assures the City of the best of several competitive prices and products. 2. It promotes competition for the City's business and increases the City's sources of supply. 3. It negates criticism of preferential treatment for favored vendors. Consistent with City Code Section 36.02 and 36.08 (Emergency Purchases), the City's Purchasing Manual requires a competitive process for City purchases, except for emergency and sole source purchases. There are multiple industry participants that provide collection services similar to those provided by WM under the Franchise Agreement. Thus, the purchase does not qualify for a sole source exception under the City Code. Moreover, none of the agenda documents or public meeting minutes indicates that the City viewed Amendment No 5 as a sole source purchase. Likewise, there is no information in the public record that suggests the City viewed the 8 year contract extension as an emergency purchase, or that the City complied with the requirements to effectuate an emergency purchase. Therefore, the Purchasing Ordinance exceptions did not apply to Amendment No. 5. In his response to the OIG's Contract Recommendation, the former City Manager stated that because the "funds that were paid to WM ... were a pass - through from the residents of the City, the City was not expending funds that would trigger the requirements of Section 36.02" The suggestion is that the City does not expend City funds because the City does not pay Waste Management monies other than what was billed to the customer by the City. There is no language in the Purchasing Ordinance or Purchasing Manual addressing this "pass through" concept. There is some legal support for the concept that where there is no expenditure of city funds, competitive bidding requirements do not apply, but the scope of that authority is limited to the lease of city owned property where no city funds are expended for improvements on the property5. There is no judicial decision or Attorney General Opinions that support expanding the scope of this exception to the acquisition of services. Further, under the Franchise Agreement, the City, rather than the residents, is obligated to pay the Collection Service charges to WM. The City's contractual obligation is not contingent upon the City billing and collecting service fees from its residents. The City bears the financial risk if a residential customer fails to pay the garbage collection fee charged by the City. Thus, the Franchise Agreement, as amended, requires the City to expend City funds. Further, Florida law on the proper interpretation of city ordinances and competitive procurement laws does not support this interpretation. 4 Note: Some municipalities have adopted a best interest exception to their procurement ordinances, which permits a governing body to waive competitive bidding requirements (except when required by state law) upon a super - majority or unanimous vote, and a specific finding that the competition waiver is in the best interest of the city. The City does not have a best interest exception. s See Mahoney v, Givens 64 So. 2d 926 (Fla. 1953). wElss SEROTA HiELFMAN PASTORIZA COLE & BONTSKE, P.L. Mr. Louie Chapman, Jr. June 13, 2013 Page 6 of 9 The Florida Supreme Court in City of Miami v. Kayfetz6 outlined the standard of review for city ordinances, stating as follows: In construing the validity of the ordinance in question we must: (1) assume that a valid ordinance was intended ... (2) construe the ordinance to be legal, if possible to do so, and strive to so construe it as to give reasonable effect to its provisions. (Emphasis supplied). The Florida Supreme Court has also held that competitive bidding laws are enacted for the protection of the public, and should be construed in a manner to avoid their circumvention.8 Statutes enacted for the public's benefit should be interpreted in a manner most favorable to the public.9 The term extension set forth in Amendment No. 5 is a multimillion dollar commitment over a minimum 8 year term. If the validity of Amendment No. 5 is upheld, Amendment No. 5 may be the City's single largest dollar value contract for services. If the former City Manager's interpretation is accepted, then the City could presumably circumvent the competitive procurement requirement for every purchase the City makes, unless the purchase is prohibited by state law. After all, nearly all of the City's revenues come from taxes or user fees collected from City residents, which are then used by the City to provide various services to its residents. Further, the unspecified number of 5 year renewal terms provided for in Amendment No. 5 would permit the parties to repeatedly renew the Agreement every five years, without ever having to go through another competitive process for Collection Services. Accordingly, it is our opinion, based on a reasonable interpretation of Purchasing Ordinance Section 36.02 construed in a manner most favorable to the public and giving reasonable effect to its provisions, that the City's Purchasing Ordinance required the Collection Services to be competitively procured and that Amendment No. 5 violated the City's Purchasing Ordinance. i o 6 See City of Miami v. Kayfetz, 92 So.2d 798 (Fla, 1957) 7 See Hotel China & Glassware Co. v. Board of Public Instruction of Alachua County, 130 So.2d 78 (Fla. 1st DCA 1961), cited in Marriott Corporation v. Metropolitan Dade County, 383 So.2d 662 (Fla. 3d DCA 1980), s See Wester v. Belote 103 Fla, 976, 138 So. 721 (F1a.1931); Miami Marinas Association, Inc. v. The City of Miami 408 So. 2d 615 (Fla. 3d DCA 1981). 9 See Board of Public Instruction of Broward Count) v. Doran, 224 So.2d 693 (Fla. 1969). 10 Recognizing that the "pass through" interpretation could be challenged, the City Attorney protected the City by negotiating an indemnification clause in Amendment No. 5 that requires WM to indemnify, defend and hold harmless the City regarding any "claim, lawsuit or other cause of action that may be filed against the City as a result of the City extending the term of the Franchise Agreement ", with a cap of one million dollars. The indemnification clause also recognizes that a court may detennine that the extension of the Franchise Agreement violates a statute or law, by providing that WM shall voluntarily amend any portion of the Franchise Agreement, as necessary to comply with the Court order. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Mr. Louie Chapman, Jr. June 13, 2013 Page 7 of 9 II. City Contracts Entered Into In Violation Of Competitive Procurement Laws are Void. The Florida Supreme Court has long held that contracts entered into by local governments in violation of competitive procurement laws are void, and no rights can be acquired under them by the contracting party." The Florida Supreme Court has also held that a governmental contract made in violation of a charter requirement that the contract be awarded to the lowest responsible bidder is void. 12 Florida's Fourth District Court of Appeals, which has jurisdiction over Palm Beach County, has consistently held that a contract must comply with City ordinances in order for it to be valid. 13 Where competitive bidding statutes exist, public officers charged with the responsibility of letting contracts... are without power to reserve... the right to make exceptions, releases, and modifications in the contract after it is let, which will afford opportunity for favoritism, whether any favoritism is actually intended or practiced or not.'4 In order to be valid, Amendment No. 5 needed to comply with the competitive procurement requirements in the City's Purchasing Ordinance, Amendment No. 5 violated Section 36.02 of the City's Purchasing Ordinance. Therefore, the City's public officials and staff did not have the power to enter into Amendment No. 5. Proponents of the validity and enforceability of Amendment No. 5 may argue that the City is estopped (prevented) from using the failure to comply with the City's competitive bidding requirements to deny the enforceability of a contract. For example, WM may claim the City is estopped because it relied on the City's actions in entering into Amendment No. 5, and partial performance has already occurred. However, the Florida Supreme Court has long held that "persons contracting with a municipality must at their peril inquire into the power of a municipality, and of its officers, to make the contract contemplated. "15 The Florida Supreme Court has also held that, "estoppel cannot be applied against a governmental entity to accomplish an illegal result. 16 In Ramsey v. City of Kissimmee, an engineer purported to enter into a contract with the city to perform engineering services. The contract was not entered into in the manner prescribed by the city's charter and ordinances, and therefore the Court determined that the contract was unenforceable. Though the engineer presented several arguments in favor of 11 See Wester at 724; See also Harris v. School Bd. of Duval County, 921 So. 2d 725 (Fla. 1s' DCA 2006); Mayes Printing Co. v. Flowers, I54 So. 2d 859 (Fla. V DCA 1963); Arinco Drainage & Metal Products, Inc. v. Pinellas County, 137 So. 2d 234 (Fla. 2" a DCA 1962). 12 See Robert G. Lassiter & Co. v. Taylor 128 So. 14 (1930) 1s See Hollywood v. Witt 789 So. 2d 1130 (Fla. 4 "`DCA 2001); Palm Beach County Health Care Dist. v. Everglades Mem'l Hosp., Inc., 658 So.2d 577 (Fla. 4th DCA 1995) (agreements entered into by public bodies which fail to comply with statutory requirements are void); Town of Indian River Shores Y. Coll, 378 So.2d 53 (Fla. 4th DCA 1979)(refusing to enforce an alleged employment contract offered by the mayor of a municipality, where an ordinance required that contracts had to be authorized by the entire town council). 14 See Wester at 724. 15 See Ramsey v. City of Kissimmee, 139 Fla. 107 (Fla. 1939). 16 See Branca v, City of Miramar 634 So, 2d 604 (Fla. 1994) WEISS SEAOTA HELFMAN PASTOAIZA COLE & BONISNF, P.L. Mr. Louie Chapman, Jr. June 13, 2013 Page 8 of 9 enforcing the contract, including that the city had ratified the contract by making a partial payment, the Court concluded that the engineer could not recover under the contract. In Accela, Inc. v. Sarasota County 17, software vendors filed snit challenging the county's award of a software contract to a competitor without seeking competitive bids. After the County entered into the contract, the plaintiffs filed suit seeking a declaratory judgment that the agreements were void and an injunction to prevent the county and the competitor from performing the agreements. On appeal, the Second DCA ruled that the county "acted arbitrarily when it violated the terms of the piggyback provision of its code in entering into the three agreements. The agreements must therefore be void and of no effect. � s The Second DCA granted declaratory and injunctive relief to the plaintiffs notwithstanding the fact that the county executed a contract with the plaintiff's competitor. The Alabama Supreme Court has ruled specifically on local government solid waste service contract cases under facts very similar to the City's circumstances. Although Alabama law is not controlling in Florida, the similarity of the circumstances presented in those cases may render the Alabama Supreme Court's reasoning and rulings persuasive. For example, in Maintenance, Inc. v. Houston County19 , a local government solicited a contract for the collection and disposal of solid wastes. Maintenance Inc. ( "Maintenance ") was the low bidder and Maintenance and Houston County entered into a contract for the disposal of solid waste. The contract expired four years from the date of award, with the County's option to cancel the contract at the end of any 12 -month period with 90 days' notice. Prior to the expiration of the 4 year contract, Maintenance duly notified the County of its desire to renegotiate an extension of the contract, and both parties subsequently entered into negotiations. Thereafter, the parties executed a second contract for garbage collection services. Unlike the 4 year contract between the parties, the second contract was not procured on a competitive bid basis and the original contract did not contain a renegotiation clause. Maintenance received payment for its performance under the second contract until the County terminated the contract without any allegations of inadequate performance on the part of Maintenance. At the time of cancellation, Maintenance was ready, willing, and able to perform its remaining services under the contract. Maintenance sued the County, alleging breach of contract. In defense, the County asserted that the contract was void because it did not comply with the competitive bid law, and Maintenance made an estoppel argument. The Alabama Supreme Court found the Contract void for violating the applicable competitive bidding law, and held that where the contract between the solid waste disposal corporation and county was void for noncompliance with the bid law, the principal of estoppel could not be utilized to create the contract anew, 20 17 See Accela, Inc. v. Sarasota County, 993 So. 2d 1035 (Fla. 2nd DCA 2008) is Id. at 1044 19 See Maintenance, Inc. v. Houston County, 438 So.2d 741 (A1a.1983) 20 Similarly, in Ex Parte Ballew, Ballew Sanitation filed an action to recover damages against the Town of Princeville for a breach of contract. The sole issue before the AIabama Supreme Court was whether Princeville could be equitably stopped from using the competitive bid law as a defense to the enforcement of a contract that was not submitted for competitive bids. The Alabama Supreme Court held that doctrine of estoppel did not preclude the City's defense of noncompliance with the competitive bid law in an action for breach of contract, and that the wEISS SEiaoTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Mr. Louie Chapman, Jr. June 13, 2013 Page 9of9 In this case, WM does not have a viable claim for estoppel because such an estoppel claim would require the court to affirm the validity of an act that violated the Purchasing Ordinance. Further, the law impresses upon WM the knowledge of the extent of the powers of the City's officials. WM was responsible to determine the authority of a municipality, and of its officers, to enter into the contemplated contract. Moreover, at the time the City and WM executed Amendment No. 5, WM was well aware of the OIG Contract Oversight Notification, which stated that "the City's own Purchasing Ordinance and Policy Manual requires this service to be competitively procured." The indemnification provision that the City and WM negotiated also recognized that a court might determine that the extension of the Franchise Agreement violated a statue or law. Thus, WM was on notice that the City did not have the power to enter into Amendment No. 5. Amendment No. 5 is void for failure to comply with the City's procurement requirements. Applicable Florida case law and persuasive out -of state case law strongly suggest that there is a significant chance that a court would declare Amendment No. 5 void. POTENTIAL REMEDIES The City has two primary options for addressing the Purchasing Ordinance violation: (1) file a declaratory judgment action to ask a court to determine whether Amendment No. 5 is void, or (2) send a notice to WM stating that Amendment No. 5 is void (likely resulting in a lawsuit by WM). If the City files a declaratory judgment action, WM could be permitted to continue performance of Collection Services while the City seeks a judicial determination as to the validity of Amendment No. 5. This option minimizes the risk of damages that could be sought against the City. In the alternative, the City can send a letter to WM declaring Amendment No. 5 to be void. Most likely, WM would then file a lawsuit seeking damages resulting from the termination. The City would defend by asserting that Amendment No. 5 is void.zt Please let me know if you have any additional questions or concerns. Very truly yours, ir-oe- Jamie Alan Cole estoppel argument could be made only against city officials who merely failed to follow formalities of contract execution. 21 Under paragraph 5 of Amendment No. 2 to the Franchise Agreement, the terms of which were incorporated into Amendment No. 5, WM is required to notify the City within 30 days of an action WM believes gives rise to a claim or lawsuit it may file based upon a breach or default by the City. WM shall then have 90 days to file a legal action in court against the City or it shall forever be barred from doing so. However, note that the Franchise Agreement21 provides that "WM shall not attempt to sue and shall not sue, for any claim or cause of action if the City Solid Waste Collection franchise agreement is not renewed or otherwise extended." This language may provide the City with an additional defense to such a Iawsuit from WM. WEIsS SEAOTA KELFMAN PASTORIZA COLE & BONISKE, P.L. MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: Brian Shutt, City Attorney DATE: June 6, 2013 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF JUNE 18, 2013 PROPOSAL FOR SETTLEMENT IN THE CASE OF THOMAS VOLPE V. CITY OF DELRAY BEACH ITEM BEFORE COMMISSION Proposal for Settlement filed by Plaintiff, Thomas Volpe. BACKGROUND This is an offer by the Plaintiff to settle a case pending against the City. The case involves a complaint wherein Plaintiff alleges that he broke his left collar bone and broke three ribs on the left side, incurred medical expenses in the treatment of the injuries, and lost wages as a result of a bicycle accident on A- 1 -A just north of Atlantic Avenue on November 30, 2011. Plaintiff alleges that he hit a cone that was placed in the middle of the bike path by City workers who were in the area trimming trees from a nearby bucket truck. Plaintiff alleges that he did not see the cone and that our cone placement did not comply with FDOT standards regarding same. Plaintiff has made a proposal for settlement in the amount of $150,000.00. This case is still in the very early stages of discovery and we do not feel that we have obtained sufficient information to properly evaluate the case at this time. RECOMMENDATION The City Attorney's Office recommends denial at this time. MEMORANDUM 'A Z TO: Mayor and City Commissioners FROM: Janice Rustin, Assistant City Attorney THROUGH: Brian Shutt, City Attorney DATE: June 10, 2013 SUBJECT: AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF JUNE 18, 2013 PROPOSAL FOR SETTLEMENT IN ELIZABETH BROWN AND BARNETT BARRY BROWN V. CITY OF DELRAY BEACH ITEM BEFORE COMMISSION Proposal for Settlement filed by Plaintiffs, Elizabeth A. Brown and Barnett Barry Brown. BACKGROUND This is an offer by the Plaintiffs to settle a case pending against the City. The case involves a complaint wherein Plaintiff Elizabeth Brown alleges she injured her jaw, wrists and right leg on December 20, 2011 when she tripped and fell on the sidewalk at or near 1118 East Atlantic Avenue in front of Boheme Bistro. Plaintiff alleges that she tripped over uplifted brick pavers on the sidewalk. Plaintiff claims she has incurred medical expenses in the treatment of the injuries, faces the possibility of future surgery, and has lost wages as a result of her fall. Plaintiff Barnett Barry Brown is the husband of Elizabeth Brown. He has a filed a consortium claim for the loss of companionship and loss of wages that occurred as a result of Plaintiff Elizabeth Brown's fall. Plaintiff Elizabeth Brown has made a proposal for settlement in the amount of $200,000.00. Plaintiff Barnett Brown has made a proposal for settlement in the amount of $15,000.00. RECOMMENDATION The City Attorney's office recommends denial at this time. MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: June 9, 2013 SUBJECT: AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF JUNE 18, 2013 APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT AGENCY ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Community Redevelopment Agency. BACKGROUND The terms for regular members, Mr. Peter Arts, Ms. Veronica Covington, Ms. Cathy Balestriere and Mr. Herman Stevens, will expire on July 1, 2013. Mr. Arts will have served two (2) full terms and is not eligible for reappointment. Ms. Balestriere will have served an unexpired term, is eligible and would like to be considered for reappointment. Ms. Covington and Mr. Stevens will have served one (1) full term, are eligible and would like to be considered for reappointment. Appointments are needed for four (4) regular members. Per Florida Statute, any person may be appointed to the Community Redevelopment Agency if he or she resides in or is engaged in business (which means owning a business, practicing a profession or performing a service for compensation, or serving as an officer or director of a corporation or other business entity) within the area of the agency which is coterminous with the municipality and is otherwise eligible for such appointment. The City Attorney has determined that anyone who resides within the City limits is eligible for appointment. A person cannot hold any other public office other than his/her commissionership or office with respect to the Community Redevelopment Agency. 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 appointments will be made by Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4) for four (4) regular members to serve four (4) year terms ending July 1, 2017. RECOMMENDATION Recommend appointment of four (4) regular members to serve on the Community Redevelopment Agency for four (4) year terms ending July 1, 2017. 06/13 COMMUNITY REDEVELOPMENT AGENCY 4 YEAR TERM 20 N. Swinton Avenue Delray Beach, FL 33444 TERM REGULAR MEMBERS OCCUPATION EXPIRES 07/01/2013 Peter Arts, I' Vice Chair Life Insurance Appt 07/05/05 Agent Reappt 06/16/09 07/01/2015 Annette Gray Real Estate Broker Appt 06/21/11 07/01/2013 Veronica Covington Unexp Appt 02/20/07 Security Reappt 06/16/09 Surveillance 07/01/2014 Howard Lewis, Chair Business Owner Unexp Appt 04/15/03 Reappt06 /20/06 Reappt 07/06/10 07/01/2016 William Branning, Treasurer Unexp Appt 05/02/06 Contractor Reappt07 /01/08 Reappt 06/05/12 07/01/2013 Cathy Balest iere, Vice Chair Unexp Appt 10/06/09 General Manager 07/01/2013 Herman Stevens Attorney Appt 06/16/09 Contact person: Diane Colonna 276 -8640 S /City Clerk /Board 12 /CRA Commissioner Liaison: Mayor Glickstein (Primary Member) Commissioner Jacquet (Alternate Member) COMMUNITY REDEVELOPMENT AGENCY EXHIBIT A Cathy Balestriere Managing Director Incumbent Bruce Bastian Business Development Manager (also applying for the Downtown Development Authority) Veronica Covington Security /Regional Director Incumbent Reginald Cox Architect (currently serving on the Historic Preservation Board) Christopher Davey Self- employed /Real Estate Broker Deborah Dowd Educator Diane Franco Business Owner/Land Development (currently serving on the Downtown Development Authority) Frank Frione Engineering -Chief Executive Officer Ronald Gilinsky Sales & Marketing (currently serving on the Code Enforcement Board) Bruce Gimmy Self- employed /Business Owner (currently serving on the Parking Management Advisory Board; also applying for the Downtown Development Authority) Jordana Jar ura Law Frederick Kaub President/Co- Owner /Environmental Services (also applying for the Downtown Development Authority) Christina Morrison Self- employed /Commercial Realtor Loren Rubenstein Educator Herman Stevens Attorney Incumbent Alan Weitz President/Mortgage Banking David Stein Solar Contractor /Business Owner Paul Zacks Law Joseph Bernadel Chief Operating Officer Thomas F. Carney Attorney Nelson S. McDuffie Information Technology Systems la ' Ij P4 N ID MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: June 9, 2013 SUBJECT: AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF JUNE 18, 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 The term for regular member, Mr. Seabron Smith, will expire on July 1, 2013. Mr. Smith will have served one (1) full term, is eligible and would like to be considered for reappointment. 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. Albert Richwagen, Ms. Bonnie Beer, Mr. David Cook and Mr. David Beale. 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 Commissioner Petrolia (Seat #1) for one (1) regular member to serve on the Downtown Development Authority for a three (3) year term ending July 1, 2016. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Downtown Development Authority for a three (3) year term ending July 1, 2016. Peter Arts Bruce Bastian Shannon Dawson Ronald Furst DOWNTOWN DEVELOPMENT AUTHORITY EXHIBIT "A" Insurance (currently serving on the Community Redevelopment Agency) Business Development Manager (also applying for the Community Redevelopment Agency) Self- employed /Real Estate Consultant Sales- Business Owner Tax Qualification Bruce Gimmy Sales- Business Owner (currently serving on the Parking Management Advisory Board; also applying for the Community Redevelopment Agency) Tax Qualification Frederick Kaub Seabron Smith President/Co- Owner /Environmental Services (also applying for the Community Redevelopment Agency) Executive Director Incumbent Harold Van Arnem Principal/Developer Tax Qualification DOWNTOWN DEVELOPMENT AUTHORITY (DDA) 85 SE 4h Avenue, Suite #108 Delray Beach, FL 33483 3 year term 06/13 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 David Beale *Tax qualification Unexp Appt 05/21/13 07/01/2013 Seabron A. Smith, Vice Chair Unexp Appt 07/21/09 Reappt 07/06/10 Contact person: Marjorie Ferrer Phone: 243 -1077 Fax: 243 -1079 Cell: 271 -3168 Membership increased to 7 members on 07/01/99 S /City Clerk /Board 13 /DDA Commission Liaison: Commissioner Frankel (Primary Member) Commissioner Petrolia (Alternate Member) Marjorie Ferrer Executive Director Delray Beach Downtown Development Authority 85 SE 4th Avenue, Suite #108 Delray Beach, FL 33483 ph: 561- 243 -1077 fax: 561- 243 -1079 cell: 561- 271 -3168 u .- H° i H P4 W A O z A v` Jil, , I A W -- Tom: I. i 06 P4 a w a a- a Al 4 O O O O O o 4 G O O O O p p O �I MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: June 12, 2013 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF JUNE 18, 2013 ORDINANCE NO. 11 -13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to amendChapter 35, "Employee Policies and Benefits ", Section, 35.105, "Administration by Retirement Committee ", Subsection (C), "Action by Committee ", to remove the requirement that the City Commission must approve changes to the General Employees' Pension Board investment policy. BACKGROUND At the first reading on June 4, 2013, the Commission passed Ordinance No. 11 -13. RECOMMENDATION Recommend approval of Ordinance No. 11 -13 on second and final reading. ORDINANCE NO. 11 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS ", SECTION, "35.105, "ADMINISTRATION BY RETIREMENT COMMITTEE ", SUBSECTION (C) "ACTION BY COMMITTEE ", TO REMOVE THE REQUIREMENT THAT THE CITY COMMISSION MUST APPROVE CHANGES TO THE INVESTMENT POLICY AS ADOPTED BY THE COMMITTEE; PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Retirement Committee periodically wishes to make changes to its written investment policy in order to address market conditions; and WHEREAS, pursuant to the City's ordinances the City Commission must approve any changes to the investment policy; and WHEREAS, in order to make this a more efficient process, the Committee has requested that the requirement for City Commission approval be removed from the Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits ", Section 35.105, "Administration by Retirement Committee ", Subsection (C) "Action by Committee ", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: (C) Action by Committee. (1) A majority of the members of the Committee shall constitute a quorum for the transaction of business and shall have full power to act hereunder. (2) Committee meetings shall be noticed and open to the public. Meetings shall be conducted in accordance with rules adopted by the Committee, or by Robert's Rules of Order if the Committee has not adopted rules. Minutes of all meetings of the Committee and a record of any action taken by the Committee shall be kept in written form and such record shall be kept by the secretary appointed by the Committee. Official Committee action shall be by majority vote of a quorum of the Committee. (3) The Committee may invest and reinvest the assets of the Retirement Trust Fund in any investment in which assets of the Florida Retirement System may be invested pursuant to F.S. Section 215.47, as that statute may be amended from time to time, or in accordance with written investment policies adopted by the Committee The Committee may retain such professional consultants, advisors and investment managers as it deems advisable to carry out its responsibilities under this Section. (4) A member of the Committee may not vote or decide upon any matter relating solely to that member, or vote in any case in which the member's individual right or claim to any benefit under the plan is involved. If a Committee member is required to abstain and the remaining members of the Committee are unable to decide the matter, the City Commission may appoint a temporary substitute member to the Committee. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2013. ATTEST: City Clerk First Reading Second Reading MAYOR 2 ORD. NO. 11 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: May 23, 2013 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF JUNE 4, 2013 ORDINANCE NO. 11 -13 ITEM BEFORE COMMISSION Page 1 of 1 Approval of Ordinance No. 11 -13, to allow the General Employee's Pension Board to make changes in its investment policy without approval by the City Commission. BACKGROUND Currently, anytime the General Employee's Pension Board wishes to change their investment policies, before the change is effective, the City Commission must approve the change. In certain circumstances the extra step of having the Commission approve the change to the investment policy may create a delay that could be detrimental to the plan or it may require a special meeting of the Commission if immediate action is needed. RECOMMENDATION Staff recommends approval of the proposed changes on first reading. http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 6813 &MeetingID =450 6/12/2013