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09-03-13 Regular MeetingCity of Delray Beach Regular Commission Meeting Tuesday, September 3, 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. July 25, 2013 — Regular Meeting B. August 27, 2013 -Special Meeting 5. PRESENTATIONS: A. Matchpoint Presentation — Mark Baron 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 CONSENT AGENDA: City Manager Recommends Approval A. RESOLUTION NO. 35 -13: ABANDONMENT OF RIGHT OF WAYS; MORSE OPERATIONS, INC.: Approve Resolution No. 35 -13; abandoning portions of the road rights -of -way for Avenue "F" (aka Fladell Way) and Avenue "G" (aka Transportation Lane), pursuant to Land Development Regulations (LDR) Section 2.4.6(M), "Abandonment of Rights -of -Way". 1. TEMPORARY ACCESS UTILITY EASEMENT AGREEMENT: Approve a Temporary Access Utility Easement Agreement with Morse Operations which will provide the abandoned rights -of -way for Avenue "F" (a /k/a Fladell Way) and Avenue "G" (a /k/a Transportation Lane) to accommodate redevelopment of the adjacent properties for a proposed Honda automobile dealership. B. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1 /FINAL) /COASTAL CONTRACTING & DEVELOPMENT, INC. /ATLANTIC AVENUE GATEWAY ART FEATURE: Approve Contract Closeout (C.O. No. 1 /Final) in the amount of a $51,396.59 decrease and final payment in the amount of $62,521.73 to Coastal Contracting & Development, Inc., for completion of the Atlantic Avenue Gateway Art Feature Project. Funding is available from 334 - 3162 -541 -68.09 (General Construction Fund /Other Improvement /Atlantic Avenue Gateway Feature). C. RESOLUTION NO. 36 -13: Approve Resolution No. 36 -13 providing support of the Beach Renourishment Project and ongoing funding commitment to provide for the local match. D. AMENDMENT NO. 1 TO THE DEP AGREEMENT/ 2013 BEACH RENOURISHMENT PROJECT: Approve Amendment No. 1 to the Department of Environmental Protection (DEP) Agreement No. 12PB1 for the state's cost sharing of the 2013 Beach Renourishment Proiect. E. AGREEMENT /UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA) /CONTROLLED PHARMACEUTICALS: Approve and accept a State and Local Task Force Agreement between the City and the United States Department of Justice, Drug Enforcement Administration (DEA), to reimburse the Delray Beach Police Department for overtime up to $17,202.25 (subject to availability of funds), to disrupt and dismantle individuals and organizations involved in diversion schemes of controlled pharmaceuticals. F. AGREEMENT /UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA) /ILLEGAL NARCOTICS AND DANGEROUS DRUGS: Approve and accept a State and Local Task Force Agreement between the City and the United States Department of Justice, Drug Enforcement Administration (DEA), to reimburse the Delray Beach Police Department for overtime up to $17,202.25 subject to availability of funds, to disrupt the illicit drug trafficking in illegal narcotics and dangerous drugs. G. K -9 SALE AND HOLD HARMLESS AGREEMENT: Approve a K -9 Sale and Hold Harmless Agreement regarding the sale of Police canine "Karo" to Officer Thomas Tolbert. H. AMENDMENT NO. 1 TO THE AGREEMENT WITH ACTION LABOR MANAGEMENT, LLC./ STAFFING CONNECTIONS: Approve Amendment No. 1 to the Agreement with Action Labor Management, LLC. d /b /a Staffing Connections to perform crossing guard services for schools located within the City's jurisdiction for a period of one (1) year. Funding is available from 001 - 2115 -521 -34.90 (General Fund: Other Contractual Services). I. GRANT APPLICATION TO FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) /POMPEY PARK POOL: Authorize staff to submit a grant application to the Florida State Department of Environmental Protection's Recreation Development Assistance Program for funding in the amount of $178,250.00 to redesign the wading pool at Pompey Park Pool located at 1101 N.W. 2nd Street. J. GRANT APPLICATION TO FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) /VETERANS PARK PLAYGROUND: Authorize staff to submit a grant application to the Florida State Department of Environmental Protection's Recreation Development Assistance Program for funding in the amount of $138,500.00 to replace playground equipment for Veterans Park. K. LANDSCAPE MAINTENANCE AGREEMENT RENEWAL/ SPORTS TURF ONE: Approve renewal of a Landscape Maintenance Agreement with Sports Turf One in the amount of $77,148.00 for the Seacrest Soccer Complex and Hilltopper Stadium. FundinLy is available from 001 - 4131 -572 -34.90 (General Fund: Other Contractual Service). L. LANDSCAPE MAINTENANCE AGREEMENT RENEWAL/ COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA, INC.: Approve Renewal of a Landscape Maintenance Agreement with Complete Property Services of South Florida, Inc. in the amount of $ $39,970.00 for Homewood Boulevard and Linton Boulevard and three (3) medians on Military Trail. Funding is available from 001- 4131 -572 -34.90 (General Fund: Other Contractual Service). M. HOUSING REHABILITATION GRANT /CONTRACT AWARD: Award one (1) Housing Rehabilitation contract award through the State Housing Initiative Program (SHIP) to the second lowest responsive bidder for 128 N.W. 101h- Avenue to Cordoba Construction, Co., in the amount of $18,529.10. Funding is available from 118 -1924- 554 -49.19 (Neighborhood Services: Other Current Charges /Housing Rehabilitation) and 118 - 1974 -554 -49.19 (Neighborhood Services: Other Current Charges /Housing Rehabilitation). N. RESOLUTION NO. 17 -13: Approve Resolution No. 17 -13 assessing costs for abatement action required to remove nuisances on three (3) properties throughout the City of Delray Beach. O. RATIFICATION OF APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointments of regular representative Mr. William Branning and Reginald Cox as the alternative representative for the Community Redevelopment Agency (CRA) to the Parking Management Advisory Board for terms ending July 31, 2014 and July 31, 2015. P. AMENDMENT NO. 4 TO THE AGREEMENT/ SUNGARD PUBLIC SECTOR, INC.: Approve Amendment No. 4 to the agreement between the City and SunGard Public Sector, Inc. for Public Safety Software Systems. Q. FY 2014 GOLF RATES /DELRAY BEACH MUNICIPAL GOLF COURSE: Approve the proposed maximum rates for the Delray Beach Municipal Golf Course. R. FY 2014 TENNIS RATES /TENNIS FACILITIES: Approve the proposed maximum rates for the Tennis Facilities. S. FY 2014 GOLF RATES/ LAKEVIEW GOLF COURSE: ADDrove the maximum rates for the Lakeview Golf Course. T. SPECIAL EVENTS REQUEST /ON THE AVE: Approve a special event request for On the Ave to be held on October 17, 2013 from 6:00 p.m. to 10:00 p.m; grant a temporary use permit per LDR's Section 2.4.6(F) for the closure and use of N.E. 211d Avenue from the alley north of Atlantic Avenue to south of the garage entrance to City Walk. N.E. 0 Street will remain open to traffic and authorize staff support for security and traffic control, EMS assistance and fire inspection, banner hant!in� and removal, event signage, barricade set up and removal, and trash removal and clean up; contingent on the receipt of a letter from the private property owners for the car show by October 3, 2013. The event sponsor will pay 50% for all overtime costs and an administrative fee for an estimated charge of $2,225.00. U. SPECIAL EVENT REQUEST /141H ANNUAL DOWNTOWN DELRAY BEACH THANKSGIVING WEEKEND ART FESTIVAL: Approve a special event request for the 14th Annual Downtown Delray Beach Thanksgiving Weekend Art Festival to be held on November 30, 2013 through December 1, 2013 from 10:00 a.m. until 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for use of N.E. 4th from Atlantic Avenue to N.E. 2nd Street and from Atlantic Avenue to S.E. 211—d Street and the north Hands parking lot for vendors; to authorize staff support for traffic control, security, and Fire Inspector. The event sponsor will pay 100% for all overtime costs and an administrative fee for an estimated charge of $6,602.00. V. PROCLAMATIONS: 1. National Sickle Cell Awareness Month W. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the Deriod August 19, 2013 through August 30, 2013. X. AWARD OF BIDS AND CONTRACTS: 1. Bid award to All Phase Roofing and Construction, Inc., in the amount of $249,210.00 for modifications to the Beach Master Plan Gazebo project. Funding is available from 117 - 4170 -572 -68.83 (Recreation Impact Fee FD: Other Improvement /Beach Pavilion). 2. Contract award to Layne Inliner, LLC. in the amount of $45,475.00 for rehabilitation of sanitary sewer main segments as part of the annual Sanitary Sewer Main Rehabilitation pram. Funding is available from 442- 5178 -536- 63.51 (Water & Sewer Renewal & Replacement Fund: Improvements Other /Sewer Main). 3. Purchase award to NDI Recognition Systems (NDIRS) in the amount of $25,000.00 for the purchase of a speed/radar trailer fully equipped with an Automated License Plate Recognition System (APLR). Funding is available from 001 - 2115 -521 -64.11 (General Fund: Machinery /Equipment /Computer Equipment). 4. Purchase award to NAFECO in the amount of $16,996.00 for a CMC Confined Space USAR Task Force Communication Kit for the Fire - Rescue Department. Fundinu is available from 001 - 2315 -526 -64.90 (General Fund: Machinery /Equipment /Other Machinery /Equipment). REGULAR AGENDA: A. AMENDMENT NO. 5 TO THE AGREEMENT /MATCH POINT, INC.: Consider approval of Amendment No. 5 to the Agreement with Match Point, Inc. to allow the number of players for the Champions Tour Event to be six (6) players through the term of the original agreement of 2030. B. DISCUSSION REGARDING A TWO YEAR WAITING PERIOD FOR FORMER COMMISSIONERS BEFORE BEING ELIGIBLE FOR APPOINTMENT TO CITY BOARDS: C. INITIATION OF AMENDMENT TO LAND DEVELOPMENT REGULATIONS (LDR)/ PINEAPPLE GROVE WAY: Consider approval to initiate an amendment to the Land Development Regulations (LDR) Section 4.4.13(H)(1), "Special Regulations". prohibiting ground floor office uses for specific areas along Pineapple Grove Neighborhood Area. D. INITIATION TO AMENDMENT TO LAND DEVELOPMENT REGULATIONS (LDR) /CENTRAL BUSINESS DISTRICT (CBD)/DENSITY HEIGHT: Consider approval to initiate amendments to the Land Development Regulations (LDR) Sections 4.4.13(D), "Conditional Uses Allowed ", Section 4.4.13(F), "Development Standards ", Section 4.4.13(1)(2), "Performance Standards" and Section 4.3.4(.)(4), pertaining to density, height, number of stories and unit mix within the Central Business District (CBD). E. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment to a serve two (2) year term ending August 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). F. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint two (2) regular members to serve two (2) year terms ending August 31, 2015 to the Historic Preservation Board. Based upon the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). G. APPOINTMENT TO THE PLANNING & ZONING BOARD: Appoint one (1) re2ular member to the Planning & Zoning Board to serve a two (2) year term ending August 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). H. APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE BOARD: Appoint one (1) regular member to serve a two (2) year term ending Aumust 31, 2015 to the Site Plan Review & Appearance Board. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). 10. PUBLIC HEARINGS: A. RESOLUTION NO. 38 -13 (TENTATIVE MILLAGE LEVY): A resolution tentatively levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2014. B. RESOLUTION NO. 39 -13 (TENTATIVE MILLAGE LEVY/DDA): A resolution tentatively levying a tax of one mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2014. C. RESOLUTION NO. 40 -13 (TENTATIVE BUDGET ADOPTION FOR FY 2014): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2013 through September 30, 2014. D. RESOLUTION NO. 33 -13 /CONTRACT FOR SALE AND PURCHASE OF 710 S.W. 5TH AVENUE: Consider approval of Resolution No. 33 -13, a contract for sale and purchase, authorizing the City to sell the Neighborhood Stabilization Program property located at 710 S.W. 51h- Avenue to Kimberly L. Spells in the amount of $112,960.00 or appraised value and provide subsidy up to $32,200.00 secured by promissory note and second mortgaMe. E. ORDINANCE NO. 18 -13: Consider approval to individually designate the property located at 2 Fisher Lane, as "Two Fisher Lane ", and list it on the Local Register of Historic Places. 11. FIRST READINGS: A. ORDINANCE NO. 25 -13: An ordinance amending Chapter 51, "Garbage and Trash ", of the City's Code of Ordinances by amending Section 51.70, "Regular CharLyes Levied ". to Drovide for increased residential and commercial collection service rates for FY 2014. If passed, a public hearing will be held on September 17, 2013. B. ORDINANCE NO. 19 -13: Consider a citv- initiated amendment to the Land Development Regulations (LDR) Section 2.2.4, "Board of Adjustment ", Subsection B, "Composition ", to modify the board member requirements for the Board of Adjustment. If passed, a public hearing will be held on September 17, 2013. C. ORDINANCE NO. 20 -13: Consideration of a city- initiated amendment to the Land Development Regulations (LDR), by amending Section 2.2.2, "The Planning and Zoning Board ", Subsection C, "Composition ", to modify the Board member requirements. If passed, a public hearing will be held on September 17, 2013. D. ORDINANCE NO. 21 -13: Consider a city- initiated amendment to Land Development RRe ulations (LDR), by amending Article 8.1, "The Community Redevelopment AMency", Section 8.1.1, "Community Redevelopment Agency ", Subsection (B), "Members ", to provide that the appointments for Chair and Vice -Chair shall occur on an annual basis. If passed, a public hearing will be held on September 17, 2013. E. ORDINANCE NO. 22 -13: Consider an amendment to Chapter 35, "Employee Policies and Benefits ", Section 35.095, "Contributions of Participant and City ", Subsection (A), "Participant's Contribution Account ", to clarify when contributions shall cease. If passed, a public hearing will be held on September 17, 2013. F. ORDINANCE NO. 23 -13: Consider an amendment to Chapter 35, "Employee Policies and Benefits ", Section 35.105, "Administration by Retirement Committee ", Subsection (C), "Action by Committee ", Subsection (G) "[Actuary's Responsibilities] ", to allow the Retirement Committee to contract directly with the Actuary. If passed, a public hearing will be held on September 17, 2013. G. ORDINANCE NO. 24 -13: Consider an amendment to Chapter 33, "Police and Fire - Rescue Departments ", Section 33.65, "Administration ", to clarify the membership of the board. If passed, a public hearing will be held on September 17, 2013. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission JULY 25, 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, July 25, 2013. 1. Roll call showed: Present- Commissioner Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray (arrived at 6:14 p.m.) 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 Linda Mobley with Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPROVAL OF MINUTES: Mrs. Petrolia moved to approve the Minutes of the Special Meeting of July 3, 2013, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 0 vote. 5. PRESENTATIONS: A. None 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. The City Manager had no response to prior public comments and inquiries. 07/25/13 6.B. From the Public. 6.B.1. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, stated at the last regular Commission meeting he asked about the rolled back rate and he would like someone to address his request. Secondly, Mr. Warner stated everyone at some point in the last six (6) months on the Commission has spoken rudely and inappropriately to their colleagues. He urged the Commission to be mindful of what they are saying to each other and stated that whenever they speak to remember they are representatives of this city. 6.B.2. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, stated for 2013 the operating millage rate was 7.1992; debt service millage rate .6041 for a total of 7.80 and for 2014 the operating millage rate is 7.4546 for 2014 which is a 3.5% increase and the debt service millage rate is going down by 55 %. Mr. Blum stated it comes to 7.7999 as opposed to this year 7.80. He stated the average person will think that the taxes are going to stay the same but is misleading to everyone. Mr. Blum stated town's debt payments go down by approximately 55 %; home values go up 6.5% and the operating costs go up by 5 %. Mr. Blum stated the average homeowner sees their taxes go up by 6.5% or even more if adding the 3.5 %. Mr. Blum requested a detailed explanation as to why the City's operating expenses have to go up over 5% on the backs of the residents. Mr. Blum commented about the memo that states the City Commission set a minimum total millage rate of 7.7999 for FY 2014 (7.4546 Operating millage rate). 6.B.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), briefly discussed an incident that shows what the Police Department does for its residents. 6.B.4. Michael Weiner, 10 S.E. 1St Avenue, Delray Beach, FL 33444, speaking on behalf of Ocean Beach Services, requested to engage in a dialogue with the City Commission since Item 9.E. is not a public hearing. It was the consensus of the Commission to support Mr. Weiner's request for a 6 minute presentation. 6.B.5. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33481 read a brief statement into the record and urged the Commission to give the residents the opportunity to vote for a quality of life bond issue that is big enough to fulfill their wishes. Mr. Smith thanked Mayor Glickstein and the City Manager for hosting an FDOT /S.A.F.E. meeting in Delray Beach and allowing them to discuss transportation issues. 6.B.6. Jeff Bulmer, 1431 South Federal Highway, Boynton Beach, FL 33435, expressed concern that after a contract has been signed and approved that the City can come back and change it. Mr. Bulmer stated he would like an explanation as to why. 2 07/25/13 6.B.7. Victor Giunta, 15365 Lakes of Delray Boulevard, #J308, Delray Beach, FL 33484, stated he has rented a cabana here for four (4) years and expects service, cooperation, respect, and friendliness. He stated this is what the service of Oceanside Beach Service gives you. He stated Oceanside Beach Service has upgraded their equipment and it looks very nice. He feels that Oceanside Beach Service is doing an excellent job. 6.B.8. Gerry Postal, 5962 Morningstar Circle, Delray Beach, FL 33484, stated he has a slight disability getting on and off the beach and he has enjoyed the services of Oceanside Beach Services. Mr. Postal stated he would be upset to see a new vendor come in and noted the employees of Oceanside Beach Services have been very helpful to him. 6.B.9. Louis Cappai, 534 Saxony L, Delray Beach, FL 33446, stated he has been renting a chair on the beach for three years and noted the services of Oceanside Beach Services is impeccable. 6.B.10. Alfredo Ramirez, 717 N.E. 1s' Street, Apt. 2W, Delray Beach, FL 33444, stated he is an employee of Oceanside Beach Services and has relocated to Delray Beach. 6.B.11. Pastor Patrice Delarantas, stated there is a contract and now it is up for bid when they still have another two years. She stated a contract is a contract and feels that sometimes quality is better than more money. She stated Oceanside Beach Service brings quality and they are an asset to Delray Beach. 6.B.12. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, displayed a chart that compares all of the tax authorities and the various fees they charge on the county and per city basis. She stated Delray Beach is on the high side of taxation and the other cities that are higher than Delray Beach in taxation are cities like Belle Glade, Pahokee, and South Bay that are on the verge of bankruptcy. Ms. Morrison stated there are over 36,000 pieces of property in the city and of those 2,000 are tax exempt; over 600 of these properties pay no real estate tax because their value is less than 25,000; another 6,000 of these properties pay less than $200 in real estate taxes. She stated some cities have implemented a fire fee to collect some monies from all the property owners in the city in order to pay the expenses to run the city. Ms. Morrison stated the City's Parks and Recreation expenses have escalated greatly and only bring in 1.2% of our income; this department has been inflated over the last four years while the Police Department has been decreased in expenses. She distributed a chart from the Property Appraiser's Office and stated the values have risen about 6.4% and every property owner that pays real estate tax is already getting a 6% plus or minus increase in their taxable bill this year. Ms. Morrison stated running the city is going to increase by about 8% because the debt service is going down but the millage is proposed to be decreased less than two tenths of one mil and feels that if that money is going to pay increases to the Police and Fire and city employees then she thinks this is great. 3 07/25/13 6.11.13. Chaplain Anneze Brown. 4798 N.W. 6th Court. Delrav Beach. FL 33445, representing Power Evangelism Ministry, stated they are celebrating 7 years of ministry in Delray Beach and invited the Commission to attend. In addition, Ms. Brown stated they are requesting to have a parade one of the nights. Mayor Glickstein informed Ms. Brown to get in contact with Mr. Bob Barcinski, Assistant City Manager regarding this. 7. AGENDA APPROVAL. The City Manager requested to remove Item 8.L, Contract Agreement with Ascension/Employer Mutual, Inc., for Insurance Broker /Agent Services and Item 9.B., Final Subdivision Plat Approval and Waiver Request/Dell Grove to a date certain of August 6, 2013. He requested to remove Item 9.L., Appointments to the Neighborhood Advisory Council and Item 9.T., Appointments to the Financial Review Board and staff will reschedule accordingly. Mayor Glickstein stated Item 9.H., Special Event Request /52nd Annual Delray Affair is being modified to remove the waiver request for open container. Mr. Frankel requested that Item 8.N.2., Purchase Award to Specialty Vehicles, Inc. (SVI) be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A. Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs. Gray. 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. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. SIDEWALK EASEMENT AGREEMENT /131 N.E. 1sT AVENUE: Approve a sidewalk easement agreement for a five -foot (5') easement on the west side of the property located at 131 N.E. 1st Avenue to construct a sidewalk. 8.B. DEVELOPER'S AGREEMENT /SALT WATER BREWERY: Approve a Developer's Agreement with Salt Water Brewery for reimbursement at a cost not to exceed $57,585.00 for the design and installation and gravity sewer on N.W. 18th Avenue. Funding is available from 441 - 5161 -536 -63.90 (Water and Sewer Fund: Improvements Other /Other Improvements). 8.C. SERVICE AUTHORIZATION NO. 12- 02/WANTMAN GROUP. INC.: Approve Service Authorization No. 12 -02 with Wantman Group, Inc. in the amount of $20,550.00 for a topographic and route survey of N.W. 3rd, N.W. 4th, and N.W. 5th Avenue for the Water Main Upgrade Project associated with N.W. 4th Avenue and 3rd Avenue. Funding is available from 442 - 5178 -536 -68.75 (Water & Sewer Renewal & Replacement Fund: Improvements Other/N.W. 4th Avenue & 3rd Avenue Water Main). 4 07/25/13 8.D. REJECTION OF BIDSBEACH BEAUTIFICATION GAZEBO PROJECT: Approve a recommendation to reject all bids received for the Beach Beautification Gazebo Project and provide authorization to re -bid the project. 8.E. HOUSING REHABILITATION GRANT /CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Community Development Block Grant (CDBG) to the lowest responsive bidder, Abisset Corporation for 516 S.W. 7th Avenue in the amount of $32,332.10. Funding is available from 118- 1963- 554 -49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). 8.F. ADOPTION OF THE VISION 2020 FORUM REPORT: Approval to adopt the Vision 2020 "Future with History" Forum Report in concept. 8.G. AGREEMENT FOR PROFESSIONAL LOBBYING SERVICESBALLARD PARTNERS: Approve an Agreement for Professional Lobbying Services with Ballard Partners in the amount of $15,000.00 annually to provide lobbying services to the City regarding sober houses legislation. Funding is available from 001 - 1111 -511 -34.90 (General Fund: Operating Expenses - Miscellaneous /Other Contractual Services). 8.11. CONTRACT AGREEMENT WITH AMI RISK CONSULTANTS, LLC., FOR INSURANCE ACTUARIAL CONSULTING: Approve a contract agreement with AMI Risk Consultants, LLC., for insurance actuarial consulting at a fixed annual fee not to exceed $2,400.00, plus an additional $500.00 for travel expenses. Funding is available from 551- 1575 -591 -31.90 (Insurance Fund: Professional Services/ Other Professional Services). 8_I. THIS ITEM HAS BEEN MOVED TO THE REGULAR CITY COMMISSION OF AUGUST 6.2013. 8_J. CONTRACT AGREEMENT WITH PREFERRED GOVERNMENTAL CLAIM SOLUTIONS (PGCS) FOR INSURANCE THIRD PARTY ADMINISTRATION (TPA): Approve a contract agreement with Preferred Governmental Claim Solutions (PGCS) at an approximate annual fee of $69,120.00 for insurance third party claims administration. Funding is available from 551- 1575 -591- 31.90 (Insurance Fund: Insurance /Other Professional Services). 8.K INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR CHRISTMAS TREE REPAIR: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) to fund up to $35,000.00 for frame repair and painting the Christmas Tree. 8.L. RESOLUTION NO. 32 -13: Approve Resolution No. 32 -13 assessing cots for abatement action required to remove nuisances on 10 properties throughout the C City of Delray Beach. The caption of Resolution No. 32 -13 is as follows: 5 07/25/13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 32 -13 is on file in the City Clerk's office.) 8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 1, 2013 through July 19, 2013. 8.N. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Rosso Site Development in the amount of $45,302.86 for road and swale reconstruction on a section of Hyacinth Drive. Funding is available from 448 - 5461 -538 -46.43 (Storm Water Utility Fund: Repair & Maintenance Service/Drainage Swales). 2. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 3. Bid award to multiple vendors for the purchase of medical drugs and supplies for the Fire Department via a Co -op Bid in an estimated annual cost of $260,760.00. Funding is available from 001 - 2315 -526 -52.16 (General Fund: EMS Supplies) and 001 -2313- 522 -52.16 (General Fund: EMS Supplies). Mr. Frankel moved to approve the Consent Agenda as amended, 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. 6 07/25/13 9. REGULAR AGENDA: 9.A.A. AWARD OF BIDS AND CONTRACTS: Purchase award to Specialty Vehicles, Inc. (SVI) in the amount of $150,000.00 for a fourth trolley in accordance with Florida Department of Transportation (FDOT) Joint Participation Agreement QPA) #AQN52. Funding is available from 334 - 6111 -545 -64.20 (General Construction Fund: Machinery/Equipment Automobile). Victor Majtenyi, Interim Director of Public Utilities, stated this item is a request to follow -up with a grant from FDOT and purchase a fourth trolley in the amount of $150,000. Mr. Frankel stated in the memo it noted that this was being funded out of the General Construction Fund. Mr. Majtenyi stated this is the funding source that staff is using but it is for the grant. Mr. Frankel expressed concern that taxpayer dollars were being spent for a 4th trolley and stated he understands it is summer but has not seen more than 3 people riding it at any time. He stated as it is a non - essential service; however, if it is grant money being used he can support it. Mr. Frankel stated there are groups that are interested in renting the trolley which would be a great revenue source. Mr. Frankel stated he returned from New Port, Rhode Island and they have very tasteful advertising on their trolleys and they charge $1.00. Mr. Frankel asked the City Manager to look into this. Mr. Frankel moved to approve Item 9.A.A. (formerly Item 8.N.2.), 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.A. CONDITIONAL USE REQUEST /SANDBAR AT BOSTON'S ON THE BEACH: Consider a conditional use request to allow outside entertainment limited to a Disc Jockey in an open -air porch of Sandbar at Boston's on the Beach located at 40 South Ocean Boulevard. (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. Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Frankel stated he spoke with Mr. Jim Knight this afternoon. Mrs. Gray stated she has not spoken to anyone except for the individual she disclosed at the meeting where this was discussed. Mr. Jacquet stated he spoke to Tom Graham and Jim Knight. Mrs. Petrolia stated she received emails from a few people that are residents of the property and also those that are supporting the function. Mayor Glickstein stated he received numerous emails. 7 07/25/13 Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -056 into the record. Mr. Dorling stated this is a conditional use request to allow outside entertainment specifically a Disc Jockey (DJ) at an existing open air porch located within the Sandbar associated with Boston's Restaurant. He stated the details associated with the DJ are that they would be responsible for playing pre- recorded music to the patrons of the facility. Mr. Dorling stated the City of Delray Beach currently allows pre- recorded music to be played outside without a DJ and the applicant has suggested that they would like to add a DJ that could react and adjust the song selections in response to the crowd and believes it is an important component in the overall success of the Sandbar establishment. The DJ would not be allowed to use a microphone to amplify their voice and the DJ will insure the City's noise guidelines are adhered to. At its meeting of June 17, 2013, the Planning and Zoning Board moved a recommendation of approval for the conditional use request. After significant discussion, the Board considered this item and recommended approval with a 4 to 0 vote. Mr. Dorling stated that significant discussion revolved around the fact that they felt approval of a person to manipulate music choice created little or no impact that would be different from a machine selected option which is currently allowed. He stated the Board further saw this as an option to provide some additional mitigation through some existing conditions. Mr. Dorling briefly reviewed the seven (7) conditions listed in the staff report. At its meeting of May 23, 2013, the Community Redevelopment Agency (CRA) reviewed the development proposal and recommended denial of the conditional use request for outside entertainment (i.e. DJ) at the Boston's Sand Bar. At its meeting of July 8, 2013, the Downtown Development Authority (DDA) made a recommendation of approval, subject to the staff and Planning and Zoning Board conditions ( #1 -7). Alan Ciklin, represents the owners of the Sand Bar, stated when SPRAB originally approved the site plan there was a condition regarding music that said there would be no concerts or live performances. Mr. Ciklin stated the Sandbar originally opened with a DJ for approximately 11 months. He stated during that time there were no violations. Mr. Ciklin stated the recorded music is permitted. Mr. Ciklin stated it was brought to his attention by staff at that time that they considered a DJ to be live entertainment. Mr. Ciklin stated they disagreed with that because it is pre- recorded music and the DJ was monitoring the music to adapt it to the crowd and they did not feel that was entertainment. However, Mr. Ciklin stated they agreed with staff and Mr. Dorling to move ahead with the conditional use to resolve this issue. He stated this is not about the recorded music; it is about song selection and the DJ. Mr. Ciklin stated during the construction of the Sand Bar there were a number of preventative measures that were added into the facility. He stated there have been no noise violations since the opening. He stated the Planning and Zoning Board added a preventive measure which is that the applicant provides an acoustifence noise barrier to reduce the impact on adjacent residential properties. Mr. Ciklin stated the DJ operates without a microphone and monitors the music. He stated she is not a performance DJ (i.e. scratch records and yell 8 07/25/13 out to crowds). Mr. Ciklin stated there are letters from corporations addressed to the Marriott with complimentary words about the Sand Bar, Boston's and 50 Ocean Restaurant and that it is wonderful to be at the Sand Bar and in Delray Beach because it is in walking distance from the Marriott and it provides another venue with a tropical feel that you do not get from the typical hotel conferences. Mayor Glickstein declared the public hearing open. Steve Blum, 115 -C Venetian Drive, Delray Beach, FL 33483, stated the Sandbar is a wonderful place to hang out and feels that it does not need a DJ to change the music. Dennis D. Rooney, 1006 Langer Way, Delray Beach, FL 33483, strongly opposes the conditional use request and urged the Commission to reject this request which he feels serves no public benefit only private commercial interests. Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33445, stated the noise ordinance needs to be addressed. Jayson Koss, owner of Delivery Dudes, Delray Beach, stated a bar was allowed to be put in this location and whether or not people wanted noise there then. Mr. Koss stated whether the music is through a DJ or an IPod it is still going to be loud. He stated it is a great venue and many locals hang out there. Tyler Knight, speaking on behalf of his friend Steven Murray, CEO of the Delray Downtowner, read a brief statement into the record in support of allowing the Sandbar to have a DJ. Alan Schlosberg, Seagate Towers, Delray Beach, stated he is against an open air DJ at Boston's on the Beach. Jan VanderBaan, 24 N. Swinton Avenue, Delray Beach, FL 33444, commented about the noise ordinance which restricts the noise from going too loud and it protects the citizens from the corporations that try to turn up the volume too loud. Mr. VanderBaan asked why a conditional use is needed to have a DJ because they play the radio which has a DJ on it. He stated he lives downtown and there are louder things than Boston's on the Beach. Genie DePonte, 24 Marine Way, Delray Beach, FL 33483, strongly opposes a DJ at the Sandbar and feels this will set a precedent. She urged the Commission to deny the request. Bob Currie, Architect for the Sandbar, stated he lives south of the Sandbar and has never heard any noise coming from the Sandbar. He stated he would hate for the Commission to deny it and have them put a DJ on the balcony at 50 Ocean Blvd. and pump it down south through his house because then they might be able to hear it. Mr. 9 07/25/13 Currie suggested that the noise ordinance is written in such a way that it does not bother the neighbors no matter who is playing the music. Bob Victorin, 120 South Ocean Boulevard, Delray Beach, FL 33483, (speaking on behalf of the Beach Property Owners' Association), stated there was an article in the Coastal Star several issues ago entitled "Delray Beach: DJ request fires up noise opponents." Mr. Victorin read a brief statement into the record and stated it is not just noise that would disturb the residential neighborhood; residents are concerned that the Sandbar does not fit in the neighborhood and that a DJ would further communicate an inaccurate and negative image of Delray Beach. Mr. Victorin stated the noise produced by the Sandbar was at times very excessive but to their credit the Sandbar manager did respond and toned down the noise level. He stated this conditional use by the Sandbar now to add a DJ seems to be inconsistent and reverses the good neighbor decision to tone down the noise. Mr. Victorin stated the Sandbar is located directly contingent to the residential boundary that is not downtown. Darren Garber, (address unknown), stated the Sandbar attracts many young and middle aged people and it is a fun place. He stated it is a fun place and promotes good economics to the area as well as to Atlantic Avenue. Mr. Garber stated with regard to the noise complaint when Johnnie Brown's is three times louder. Anne Margo Cannon, 1015 Ingraham Avenue, Delray Beach, FL 33483 (two blocks south and one block west of the Sandbar), stated she attended the Planning and Zoning Board meeting with one of her neighbors who lives right next door to the Sandbar and several residents voiced their concerns. Ms. Cannon expressed concern that the Planning and Zoning Board would make a recommendation to approve this request because there is already a problem with the noise coming from the Sandbar and feels that there should not be an exception that could make the problem worse. She expressed concern that approving this request will set a precedent of other places such as the Seagate Beach Club, Deck 84, Old Calypso, other restaurants, bars, and hotels to request the same. Ms. Cannon urged the Commission to not support this request. Margie Johnson, 46 Marine Way, Delray Beach, FL 33483, stated she enjoys going to the Sandbar and it is loud. Ms. Johnson stated the gentleman that lives in the Bahama House that someone referred to previously may be hard of hearing. She stated she does not think there is a Frank Sinatra or Tony Bennett crowd there and does not feel a DJ is needed for that crowd. Ms. Johnson urged the Commission to not support a DJ outside. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated this item is a request for a DJ not to increase noise or use a microphone but just to increase the quality of music that is being presented. Dr. Kirson stated the City has a Police force and Code Enforcement to handle it if the Sandbar were to violate the noise ordinance. 10 07/25/13 Clare Johnson, 46 Marine Way, Delray Beach, FL 33483, disagrees with Dr. Kirson and stated this is not about the noise ordinance but is about outdoor entertainment and an entertainer being in that spot not a DJ. Mr. Johnson stated it will have an effect on the entire city and urged the Commission to vote "no ". Tom Graham, General Manager of the Sandbar, stated he is responsible for the volume of the DJ and he does not bring in any speakers or equipment. Mr. Graham stated the DJ will plug into his house system which is already playing the recorded music. Mr. Graham stated they cater from 21 -71 year old customers and they play a large selection of music. Cheryl Graham, Professional DJ (Tom Graham's wife), stated this not about the noise ordinance but is about the conditional use of having a DJ. Mrs. Graham stated she is not a club DJ and explained she was a corporate DJ and wedding DJ for 20 years. She stated she does not have a microphone, speakers, or an amplifier she plugs into the master volume of the house. Claudia Willis, 160 Marine Way, Delray Beach, FL 33483, stated this is about expectation and intent. Ms. Willis stated the residents who have been there for many years expect to live in peace and quiet and asked why the owners need a DJ for business when everyone has stated the Sandbar is already packed. She made reference to ads for the Sandbar and stated the intent does not fit with the expectations of the residents that surround this bar. There being no one else from the public who spoke regarding the conditional use request for the Sandbar at Boston's on the Beach, the public hearing was closed. Mr. Ciklin stated in every zoning code there are permitted uses that have provisions or special exception for a conditional use. Mr. Ciklin stated every piece of property is unique and if the Commission grants a conditional use for a certain piece of property it does not qualify the next person to get the same consideration because it is a different piece of property and different circumstances. He stated conditional uses have been in the City's zoning code for approximately 30 years and it does not set a precedent. Mr. Dorling had no rebuttal. Mr. Frankel stated he has only heard loud hip hop music at night no Frank Sinatra music and tropical music by day. He asked what kind of music the DJ will play. Mrs. Graham stated she has control over the variety and selection of music which is much more than something off Pandora (internet radio). Mr. Frankel made reference to condition #6 subject to only pre- recorded music being used as stated by the applicant, similar to Pandora. Mrs. Graham stated this is what the Sandbar is doing already when they have not been able to have the DJ's. 11 07/25/13 Mr. Jacquet stated with regard to Exhibit "A" conditional use modification condition #4 should read 11:00 p.m. not 11:00 a.m. He stated he does not believe it is his place to tell them what music they should or should not play but feels the establishment should read their crowd and cater to their crowd. Mr. Jacquet expressed concern that there is an area by the beach where a number of residents have lived there a long time and feels the Sandbar has to be mindful of those residents and the people who invested in their properties and have lived there and expect the quiet enjoyment of their neighborhood. He stated this is more of a noise concern than a DJ concern. Mr. Jacquet asked if the DJ or General Manager (GM) will be responsible for controlling the noise level. For the record, Mr. Ciklin confirmed that the GM not the DJ controls the volume. Mr. Jacquet stated he would like this listed as a condition as well so that there is no confusion. Mr. Jacquet stated the City wants to make sure that the responsibility falls on the GM and that if there are concerns the City knows exactly who to go to and he agrees that if there are a maximum of three (3) violations in one year then the license is revoked. Mr. Jacquet stated everyone has to come before the Commission to get a conditional use and if they want a DJ they must come before the Commission and the Commission sets the conditions for what they want based upon where they are located. Mrs. Petrolia stated there are no violations but the Commission was sent a stack of disturbance calls (approximately 17) in relation to the Sandbar restaurant. Mrs. Petrolia stated after a complaint is made a violation has gone to Code Enforcement and they have made a formal finding that there is validity to it. Mr. Dorling stated one of the issues was raised that many of these things have not been finalized because we have not had a noise ordinance in effect. Therefore, Mr. Dorling stated the complaints are made and then there is no ability to follow up because the ordinances have not been in place to finalize it. Mrs. Petrolia stated she does not believe the applicant has met the required findings pursuant to LDR Section 2.4.5(E); and has an issue with the fact that it is not considered outside entertainment or some form of live entertainment because she believes a DJ is live entertainment to be able to make the crowd respond. Therefore, Mrs. Petrolia stated she does not support the conditional use. Mrs. Gray stated she hears loud noises all the time but she went to the Sand Bar two years ago and has also been recently. She stated when you are outside the Sand Bar you really cannot hear the music but when you go inside you can hear the music. Mrs. Gray stated because the City already permits recorded music and they have not had any violations that just hiring a DJ is not going to make the music any louder. Mrs. Gray supports hiring a DJ but expressed concern about the noise and if the ordinance does not work she suggested that the Commission revisit that. Mrs. Petrolia stated there is a condition about the designation for motorcycle parking. She stated this should not be a condition but should be that the motorcycle parking should be where it is supposed to be not next to a residential neighborhood where people are trying to enjoy a peaceful environment. Mr. Graham stated this has been handled. 12 07/25/13 Mr. Jacquet stated when the motorcycles startup immediately south of the property line it is loud and he is glad to know that this has been taken care of He stated he is glad to know that it is also part of the conditions although he feels it should be automatic but is glad to know that if the applicant does not meet this then the Commission can do away with it. Mr. Jacquet inquired about the acoustifence. Mr. Graham stated the fence is six (6) feet and although the noise level will not change he is adding this acoustic fence as an extra buffer for the noise. Mayor Glickstein stated his comments come back to something the Commission dealt with two (2) meetings ago regarding the expectations from stakeholders in the community. He stated it was a difficult vote in terms of the property at Linton Boulevard and Federal Highway because he felt as though he failed to meet the expectations of certain people that were objecting to that on reasonable grounds. Mayor Glickstein stated he feels it is the Commission's job to protect those expectations. With respect to the Sand Bar, it compliments what Delray Beach has in that CBD zone area that being a large hotel and with a large hotel people need places to go. He stated this is another activity for not only those people but people in the town that are looking for something they have not had which is something to do at the beach besides just go to the beach. Mayor Glickstein stated the expectations of the community that has lived there for decades while adjacent to CBD zoned properties knowing that a bar was possible. He stated the feeling of the towns that he drives through that have no bar type of activity is a higher level than the towns that he drives through and you see what you see in those places. Mayor Glickstein stated the expectations in the beach community are that while they recognize the CBD zoning and respect the laws pushing the envelope is something that is not acceptable. He believes this is a noise issue and does not know if the noise ordinance is working. Mayor Glickstein stated if in fact we have something that is workable that would be a better time to look at something beyond what is allowed now without a conditional use. He stated the beach is our largest public park and believes people go there for all sorts of reasons one of them being for peace and quiet. He stated regardless of what music is played and how it is played, the use and the noise generated today are pushing the envelope on what his feeling is of what the beach area should look like. Therefore, Mayor Glickstein stated he cannot support the conditional use request based on what he feels is his job in protecting the reasonable expectations of the people that were there first. The City Attorney stated whether it is through the Code Enforcement Board process or a civil citation then once the City's hearing master has it affirmed it on appeal, then that would count as a violation. The City Attorney stated he would like to keep it on this level not appealing it to circuit court where they might overturn the City. The City Attorney stated he can word it in such a degree to include civil citations so if they get a citation and either pay it or on appeal if the citation is upheld that counts as a violation. He stated on the Code Enforcement Board process if there is a finding of guilt from the Code Enforcement Board that likewise counts as a violation. The City Attorney stated by law the property owner or the business owner is responsible for the noise violation. 13 07/25/13 Brief discussion by the Commission followed. Mr. Jacquet stated he wants to make sure that adding someone who is selecting songs does not change who is responsible for the volume; the song selector or DJ will not be responsible for volume but simply for selecting what songs to play. The City Attorney stated the way the volume was will not change and the manager on duty as before will still be responsible for the volume. After brief discussion, the City Attorney noted the addition of condition #8 that the applicant understands and agrees that the General Manager or Manager on duty shall also monitor the actions of the Disc Jockey for compliance with the City's noise ordinance. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to adopt the Board Order subject to the eight (8) conditions set forth in Exhibit "A ", 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 — No. Said motion passed with a 4 to 1 vote, Mayor Glickstein dissenting. At this point, the time being 8:18 p.m., the Commission took a three minute break. At this point, the time being 8:24 p.m., the Commission reconvened and moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. PUBLIC COMMENTS/FY 2014 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2014 Proposed Budget at this time. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, FL 33483, requested that the Commission add an Internal Auditor position to the City's payroll who would report directly to the Mayor and the City Commission to analyze all long -term contracts financially. Mr. Smith suggested that April 1, 2014 be the effective date because it would require a change to the City's Charter. He urged the Commission to place this on an Agenda to discuss and let the voters decide if they want that expenditure. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, stated Delray Beach is competing with other cities in the county for businesses and for people to move here. Ms. Morrison stated people can live in surrounding communities and use our beaches for free and use the downtown for free. She stated people can also pay cheaper taxes in Boca Raton and Boynton and she urged the Commission that Delray 14 07/25/13 Beach stay competitive so that we can compete well for new residents and new businesses to come here. Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33445, urged the City keep the millage rate where it is now and next year everyone will have a better feel for where the values are going and be able to manage the budget a little easier. Mr. Katz stated with the property values going up and the City proposing to raise the millage it will make it harder for people to move into the city or to buy a second home. He stated in the long run the City will get more money because property values are going up every day. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, urged the Commission to keep the millage rate for the operating budget the same and stated with the 6 '/2% increase in property values that we need to increase the operating millage rate by 3 '/2 %. Mr. Blum stated homeowners are going to take an additional hit of 5 -7% on their tax bill. He would like to know why staff needs 5 -7% increase in the amount of money they need to run this city. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, stated as of this date he has not seen a proposed budget. Mr. Warner stated Mr. Boyd's submission to the Commission regarding the millage increase is "this information is significantly affecting the City's ability to continue providing the expected level of services." Mr. Warner stated he asked Mr. Boyd "Whose level of services are you describing ?" Mr. Boyd's response was "this is set by the elected officials through the City Manager." Mr. Warner urged the Commission to think in terms of essential services and non - essential services with regards to the budget and asked why they feel it is important to raise the millage rate. Mr. Warner asked the City Manager at the next meeting to explain or present the budget to the residents and taxpayers of this city. 10.B. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED ANNUAL ACTION PLAN FY 2013 -14: Consider approval of the CDBG Consolidated Annual Action Plan FY 2013 -14 as required by the United States Department of Housing & Urban Development (HUD) for utilization of federal grant funds. Nigel Roberts, Neighborhood Services Administrator, stated this item is a request for the CDBG Consolidated Annual Action Plan for fiscal year 2013 -2014 as required by the United States Housing & Urban Development Agency (HUD) for utilization of grant funds. Federal Regulation CFR 24 Part 91 governs the local plan submission and requires that each municipality submit an Action Plan each fiscal year. Mr. Roberts stated an important part of this process includes citizen participation and advertisement of the proposed budget. A public hearing was held on May 20, 2013 in conjunction with the Neighborhood Advisory Council (NAC) meeting outlining the proposed budget. The NAC unanimously supported and approved the annual plan and proposed budget as submitted. The City's CDBG entitlement for fiscal year 2013 -2014 will be $413,556. Staff recommends approval of the CDBG Consolidated Action Plan for fiscal year 2013 -2014. 15 07/25/13 Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. Mrs. Gray moved to approve the Community Development Block Grant (CDBG) Consolidated Annual Action Plan for fiscal year 2013 -14, seconded by Mr. Frankel. 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. 10.C. RESOLUTION NO. 14 -13: Consider approval of Resolution No. 14 -13 establishing a budget for the Stormwater Utility System, establishing the rates for FY 2014 Stormwater Management Assessments, and certifying and adopting the Stormwater Assessment Roll. The caption of Resolution No. 14 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITTED AREA, OTHER THAN NON - ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER ASSESSMENT ROLL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 14 -13 is on file in the City Clerk's office.) Victor Majtenyi, Interim Director of Public Utilities, stated Resolution No. 14 -13 is approval of the stormwater utility fees and establishing the rates for the fiscal year 2014 stormwater management assessments. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 14 -13, the public hearing was closed. Mr. Jacquet inquired about how the ERU's are calculated. Mr. Majtenyi stated he does not know how the Equivalent Residential Units (ERU) is calculated but he will get back to the Commission with an answer. The City Clerk stated the percentages by which the rates are calculated are set in the City's Code (Chapter 4 — Stormwater). Mr. Jacquet inquired whether this would be identical regardless of the intensity of the use. The City Clerk stated the City goes by the Code every year and Environmental Services 16 07/25/13 informs the City Clerk's office if there are going to be any changes and staff has to advertise twenty (20) days before this hearing takes place. Mr. Jacquet stated he would like to know why single family residential pays the same amount as multi family or an undeveloped piece of property. The City Attorney asked if this has to be approved by August 2, 2013. The City Clerk stated there are certain things the City has to get to the County. The City Attorney stated since this is stormwater sanitary sewer water usage does not come into play so the intensity on the property would not come into play because this is dealing with stormwater and is why developed and undeveloped land is the same thing. The City Attorney stated the ERU deals with the drainage districts and the City's interaction with them. Mr. Jacquet stated it is stormwater and sewage and regardless of where you live stormwater is stormwater and it is not being produced by the people who live there. Mrs. Gray moved to approve Resolution No. 14 -13, 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. At this point, the time being 8:44 p.m., the Commission moved back to Item 9.11. of the Regular Agenda. 9.11. THIS ITEM HAS BEEN MOVED TO A DATE CERTAIN OF AUGUST 6, 2013. 9.C. WAIVER REQUEST /313 N.W. is T AVENUE: Consider a waiver request to Land Development Regulations (LDR) Section 4.4.24(F)(4), "Old School Square Historic Arts District (OSSHAD) Development Standards ", which provides for a maximum front elevation width of 60', whereas a 71'11" width is proposed for the property located at 313 N.W. 1st Avenue. (Quasi- Judicial Hearing) Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -172 into the record. Mr. Dorling stated this is a waiver to LDR Section 4.4.24(F)(4) which requires a maximum front elevation width of 60 feet. He noted that the paperwork reflects 71' 11" width is proposed but should read 87' 2.5 ". Mr. Dorling stated this is a vacant lot north of 3rd Street and is actually three individual single family lots hence part of the issue and need for the variance. He stated the single family house that is proposed will expand over three (3) lots. Mr. Dorling stated the required findings under LDR Section 2.4.7(B)(5) are made in the staff report. He stated the concern for the 60' maximum and that this would have an imposing feel on the street is mitigated with the additional setbacks that are provided. Staff recommends approval. 17 07/25/13 Mr. Dorling reiterated that the Board Order should be revised to reflect 87' 2.5" rather than 71' 11 ". Jason Bregman, representing the Applicant, 227 Lake Terrace, Delray Beach, FL 33444, stated they have been working on the design for quite some time and met with the Historic Preservation Board (HPB) to get their opinion before presenting to them. Mr. Bregman stated HPB approved it and feels this is wonderful project. Bob Schwartz. 555 S.E. 6th Avenue #1 -G. Delrav Beach. FL 33483. stated working with an architect one of the critical things here is the definition of elevation. Mr. Schwartz stated in this case it is offsetting because of preservation of trees and landscaping. Mr. Jacquet asked what the intent is of the 60' rule. Mr. Dorling stated it was written so that you did not get more than 60 feet at the minimum setback because it would be an imposing structure. Mr. Dorling stated the elevation against the street is no more than 60 feet in width. 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). Mrs. Petrolia moved to adopt the Board Order approving the waiver, 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.D. REQUEST TO REDUCE PARK RENTAL FEES FOR THE GREEN MARKET: Consider a request to reduce park rental fees for the Green Market for the upcoming season to $330.00 per day plus utilities cost. Robert A. Barcinski, Assistant City Manager, stated the Green Market was located in the Old School Square Park last year and they used two - thirds of the park and they want to relocate this year and use the entire park. He stated they are also requesting to reduce the park rental fees. The Green Market season begins October 19, 2013 and ends May 10, 2014 with some exception dates as listed in the memo. Mr. Barcinski stated there would be twenty -six (26) Saturdays the park would be used. He stated based on the need to use the entire park, the full day non - profit rental rate would be $600 per day. The total rental income based on this rate would be $15,600. Mr. Barcinski stated they are requesting that rate be $330 and both rates include utilities. He stated last the rate would have $400 and they requested $200 (half of the non - profit rate). Mr. Barcinski stated staff provided charges from other Green Markets which do not charge for their Green Markets with the exception of Lake Worth. Staff recommends approval of the request for both the location and the reduced rates. 18 07/25/13 Mayor Glickstein stated the additional space would be west of where they were ending before so in terms of access it was dead space. Mr. Barcinski stated sometimes they shared the space with Earth Day and the Halloween Parade; sometimes they had some trucks parked there so staff felt they needed to get the whole park. He stated the Green Market feels they can expand the number of booths again this year so they can fill up more of the park because it was very successful last year at that location. Mayor Glickstein inquired about the maintenance of the grass after the event is over. Mr. Barcinski stated they are working on rotating some of the exhibits so there is not so much wear and tear. He stated the grass was also recently replaced with a type of Bermuda grass that stands up better to the wear and tear than the grass that was there. Mrs. Petrolia stated she had discussions with Joe Gillie and there was a Master Plan done on all of Old School Square in the past. Mrs. Petrolia stated there are certain sections that they took into consideration and she noted where the tree was there was a different type of a surface and it had locking down mechanisms to the tree so that it was automatically locked in place. Mr. Barcinski stated there is a little section that is supposed to be hard pan where the tree would go eventually because of the wear and tear and there is no grass and there would also be better handicapped access. In addition, Mr. Barcinski stated there would be benches that could be moved. He stated this is planned for the future depending on funding. Mrs. Gray suggested that the City look at Old School Square's budget and what they do in terms as a non - profit is concerned. Mr. Barcinski stated he will get this information for the Commission. Mr. Frankel moved to approve the Green Market request to relocate to Old School Square Park for the upcoming season and to reduce the rental rate to $330 per day plus utilities costs, seconded by Mrs. Gray. 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.E. DISCUSSION REGARDING CORRESPONDENCE RECEIVED FROM THE CITY'S CURRENT FRANCHISEE Michael Weiner, Attorney, 10 S.E. 1" Avenue, Delray Beach, FL 33444, stated the City did not have to put out the RFP and when this does go to bid the City will not know the amount. The City approved a policy for pricing and it was in the original RFP. Mr. Weiner briefly discussed the logistical issues. Mrs. Gray stated the Commission has spent a lot of time trying to let businesses know we are open for business and does not support of going back on contracts that the City has already decided on. 19 07/25/13 Mrs. Petrolia stated the Commission is revisiting something that they have already revisited and they are going backwards again. Mrs. Petrolia stated this is fairness to the citizens that the City goes out to bid or do the process right if we are going to go out to bid. She stated this was not done properly and it opened up the door to revisit it. Mrs. Petrolia supports the Commission's prior decision to go forward to put the RFP out and find out if there is a better contractor and find out if there is a way to be able to receive extra monies with a bid process. Mr. Frankel strongly disagrees with the assertion that this is a waste of time and stated everyone has supported a position of openess and transparency and this discussion now does this. He stated an email was sent late last night regarding the insurance contract which the former Commission agreed to put it out for an RFP; the RFP was done and the 6m place out of 7 asked it to be tabled. Mr. Frankel stated it is important for a city to act in good faith in dealing with its vendors especially vendors that provide exceptional service and although there is a 30 day clause in the contract he feels it should be exercised if performance is poor. Mr. Frankel stated in speaking with the City Attorney this morning he informed him that the Waste Management attorney the City hired sent a bill to the City of $11,917.00 (for the opinion). Mr. Frankel stated he feels when we extend an offer, it is accepted, and performance has been exceptionally done. Mr. Jacquet stated he believes the Commission to trying to do what is in the best interest of the city and does not feel it is in bad faith but feels the contract has a 30 day clause that can be exercised. He stated it does not think it necessarily needs to be because of poor performance or else it would have been mentioned. Mr. Jacquet stated the Commission has the authority to exercise the 30 day contract and what brought the Commission to this point is because of the usurpation of power by staff over the City Commission. He stated the contract was unilaterally extended without the City Commission's prior approval. Mr. Jacquet stated when this issue first came up he had major concerns about that and we needed to send a message that when a contract states "to be extended by the city" that meant the City Commission not the City Manager unless the City Commission designates the City Manager or someone else to do it. Mayor Glickstein stated Mr. Weiner made a comment in his presentation that he asked for an offer. Mayor Glickstein stated he never made or asked for an offer because it is the wrong thing to do on so many levels. He stated that the terms of the contract provide that "the City may terminate the contract upon 30 days written notice with or without cause in the sole discretion of the City." Mayor Glickstein stated the ability of the City to enforce the terms of the contract is not bad faith. Mayor Glickstein stated the notion that the City is going to negotiate outside of a bid process is not in the City ordinance and he will not support it. Mayor Glickstein stated he will not support any negotiation from the dais and is in an RFP process and stated this is about the integrity of the procurement policy. Mr. Jacquet concurred with comments expressed by Mayor Glickstein. Brief discussion by the City Attorney followed. 20 07/25/13 Mayor Glickstein requested by the end of August that the City Manager provide contracts that are revenue generating that have the 30 -day and out termination clause. Brief discussion between Mr. Weiner and Mayor Glickstein followed. The City Manager stated the bid process was such that one of the unsuccessful bidders raised some questions about consideration and whether or not the structure of the bid was such that the City should have considered the price of insurance as a factor in making the decision on whom to award the bid to. The City Manager stated the City's process integrity is of utmost importance and if there are lingering issues he would like to see those resolved beforehand than after the fact. Mayor Glickstein stated he sees no reason to delay what the Commission is doing now which is processing an RFP and if the vendor has information relative to that RFP before the "cone of silence" period that would be helpful. Brief discussion by the Commission followed. The City Attorney stated he will have an opinion by the next meeting. 9.F. PROPOSED MILLAGE RATE: Consider approval of a proposed millage rate for FY 2014, and set the budget review and adoption schedule. David Boyd, Finance Director, stated the City's total millage rate of 7.8033 is composed of two parts; the operating millage rate which is designed to partially cover General Fund operating costs such as fire, police, parks, public works, etc. Mr. Boyd stated the second part is the Debt Service Millage Rate which is designed to cover the principal and interest on the General Obligation Debt which is approved through voter referendum (last time this occurred was 2004). Mr. Boyd stated this rate changes every year depending on the taxable property value and to meet what the principal and interest payments are in that fiscal year. These two rates are combined to equal the total millage rate that is applied to property within the city. Mr. Boyd stated the current Downtown Development Authority (DDA) fiscal year 2013 millage rate is 1.0 mil. Mr. Boyd stated in fiscal year 2006 the millage rate was 7.45 mils; in 2013 the millage rate is 7.1992 and revenues dropped $3 million in that period of time. He stated it would take over a 1.0 mil adjustment to the millage rate just to reach inflation adjusted parity to 2006. Mr. Boyd stated the first conclusion is that taxable property values have been stagnant over this 8 year period combined with this the operating millage rate has declined and inflation has had a significant effect on the buying power of the dollars we do raise through taxation. Mr. Boyd stated these three forces working together significantly affect the City's ability to continue providing the expected level of services. Mr. Boyd stated the proposed 2014 total millage rate is 7.7999 versus the 2013 total millage rate of 7.8033 mils; the revenue that is generated by the proposed rate is approximately $49 billion. Mr. Boyd stated the Operating Millage rate is proposed at 7.4546 for fiscal year 2014 and the Debt Service Rate is proposed at .3453 mils which is less than the current rate by a little more than two- 21 07/25/13 tenths of a mil. The City Manager briefly discussed the City's budget. Brief discussion by the Commission followed. Mr. Jacquet moved to accept the recommendation for the proposed millage rate of 7.7999 for fiscal year 2014 (7.4546 Operating millage rate), seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — No; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 1 vote, Mr. Frankel dissenting. 9.G. PROPOSED MILLAGE RATE /DOWNTOWN DEVELOPMENT AUTHORITY: Consider approval of the Downtown Development Authority's proposed millage rate for FY 2014. David Boyd, Finance Director, stated the taxable value for the Downtown Development Authority (DDA) in 2006 was $386 million; in 2013 it was $521 million; and in 2014 it is $563 million. Mayor Glickstein stated he would like feedback from the business owners within the DDA regarding this. Mrs. Petrolia moved to approve the proposed DDA millage rate at 1.00 mil for fiscal year 2014 with Mayor Glickstein's request for feedback from the business owners, 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. 9.H. SPECIAL EVENT REQUEST /52ND ANNUAL DELRAY AFFAIR: Consider approval of a special event request from the Chamber of Commerce to endorse the 52nd Annual Delray Affair to be held on April 25 -27, 2014, to grant a temporary use permit per LDR Section 2.4.6(F) for use of City property and rights -of -way as requested including Atlantic Avenue from S.W. 2nd Avenue to Palm Square, as well as Old School Square Park, to provide trash boxes and use of City generator, to provide staff support as outlined in the attached letter and permit, to allow all vendor permits to be assigned and approved by the Chamber of Commerce, to allow this to be the only event held on these dates in the City, to provide a waiver of parking time restrictions in the downtown area during the event. The event producer to pay 100% of all City costs and to provide staff support as requested; contingent upon the conditions of approval listed in the staff report; denying the waiver of consumption of alcoholic beverages per City Code. Mayor Glickstein stated this item has been modified and the Commission will no longer consider the waiver for open containers. 22 07/25/13 Doug Smith, Assistant City Manager, stated this item is for Commission approval of a Special Event permit for the 52nd Annual Delray Affair to be held April 25- 27, 2014 and to grant a temporary use permit under the LDRs as well as staff support, other approvals as outlined in the agenda memo. Mr. Smith stated the conditions are listed in the staff report and noted that the alcohol open container waiver be withdrawn; the cost for applicant per the Chamber of Commerce would be reduced to $32,420 from what would have been a higher cost. He stated the City will be charging for parking in the Old School Square Garage April 25 -27, 2014 and in the north City Hall lot and the South County Court House Garage April 26 & 27, 2014. Mr. Jacquet asked about the cost to the City. Mr. Smith stated per the Special Event Policy and Procedures the costs the applicant has to pay are outlined in the staff report. Mrs. Gray moved to approve the Special Event Request from the Chamber of Commerce to endorse the 52nd Annual Delray Affair to be held on April 25 -27, 2014, 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. 9_I. ACTION ON A MOTION TO WITHDRAW A RECOMMENDATION FOR AN APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY (CRA) BOARD: Consider an action on a motion to withdraw Commissioner Frankel's recommendation for an appointment to the Community Redevelopment Agency (CRA) Board made at the July 9, 2013 Regular Meeting. The City Attorney stated this item is a request on the action on the motion to withdraw the recommendation for an appointment to the Community Redevelopment Agency (CRA) Board. The City Attorney stated at the last meeting Commissioner Frankel brought up a section of Robert's Rules of Order and when there was a motion and a second and the Mayor said it has been moved and seconded it put it in the Commission's realm. At that point, the Commission would then follow the other sections of Robert's Rules on the motion to withdraw which says that if someone objects it needs to go to a vote and a majority would have to approve to allow the motion to withdraw to take place. Mr. Frankel made a few brief comments regarding Robert's Rules of Order. Mrs. Gray moved to approve to continue the City Commission meeting to extend past 11:00 p.m., seconded by Mrs. Petrolia. 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. For clarification, Mayor Glickstein stated once a nomination is moved and seconded as stated by the Chair, there is no way that the nomination can be withdrawn without the consent of the Board. 23 07/25/13 The City Attorney suggested that the Commission amend the Local Rules to reflect that language if the Commission so desires. Mr. Jacquet stated once it has been handed to the Board for discussion the person making the motion no longer has the unilateral ability to withdraw that motion; it has to be a vote by the Commission to withdraw it. Mayor Glickstein asked if anyone objects. Mrs. Petrolia stated she objects. Prior to the vote, Mrs. Petrolia stated the Commission needs to move on and let somebody else take a shot at putting somebody on this Commission and get it done tonight. Brief discussion by the Commission ensued. Mrs. Gray moved to allow Commissioner Frankel to withdrawn his previous nomination, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — No; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 1 vote, Commissioner Petrolia dissenting. 9_J. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint one (1) regular member to the Community Redevelopment Agency (CRA) to serve a four (4) year term ending July 1, 2017. Based upon the rotation system, the appointment will be made either by Commissioner Frankel (Seat #3) or Mayor Glickstein (Seat #5). Mr. Frankel moved to appoint Paul Zacks, 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. 9.K APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one (1) regular member to the Public Art Advisory Board to serve two (2) year terms ending July 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel moved to appoint Jerry Rabinowitz as a regular member to the Public Art Advisory Board to serve a two (2) year term ending July 31, 2015, 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. 9.L. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 24 07/25/13 9.M. APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint one (1) regular member to serve an unexpired term ending July 31, 2014 and two (2) Citizen at Large Members to serve two (2) year terms ending July 31, 2015 to the Parking Management Advisory Board. Based on the rotation system, appointments will be made by Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). Mrs. Petrolia moved to reappoint Brian Rosen as a regular member to the Parking Management Advisory Board to serve an unexpired term ending July 31, 2014, seconded by Mr. Jacquet. 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. Mr. Jacquet moved to appoint Allen Huntington as a Citizen -at -Large to serve a two (2) year term ending July 31, 2015, 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. Mr. Frankel moved to reappoint Bruce Gimmy as a Citizen -at -Large to serve a two (2) year term ending July 31, 2015, seconded by Mrs. Gray. 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.N. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE: Appoint four (4) regular members to serve two (2) year terms ending July 31, 2015 to the Affordable Housing Advisory Committee. Based on the rotation system, appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor Glickstein (Seat #5). Mr. Jacquet moved to reappoint Regina Hands as a regular member to the Affordable Housing Advisory Committee to serve a two (2) year term ending July 31, 2015, 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. Mr. Frankel moved to reappoint Mike Williams as a regular member to the Affordable Housing Committee to serve a two (2) year term ending July 31, 2015, 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. Mrs. Gray moved to appoint Wanda Gadson as a regular member to the Affordable Housing Committee to serve a two (2) year term ending July 31, 2015, 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. 25 07/25/13 Mayor Glickstein moved to appoint Kurt Heide as a regular member to the Affordable Housing Committee to serve a two (2) year term ending July 31, 2015, 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. 9.0. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint four (4) regular members to serve two (2) year terms ending July 31, 2015 to the Police Advisory Board. Based on the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor Glickstein (Seat #5). Mr. Jacquet moved to reappoint Marc Muscarella as a regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2015, 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. Mr. Frankel moved to reappoint Matthew Monahan as a regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2015, seconded by Mrs. Petrolia. 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. Mrs. Gray moved to reappoint Annette Annechild as a regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2015, seconded by Mr. Frankel. 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. Mayor Glickstein stated he would like to defer his appointment to the next regular meeting of August 6, 2013. 9.P. APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Appoint three (3) At- Large- Representatives and one (1) Citizen at Large Representative to the Kids and Cops Committee to serve two (2) year terms ending July 31, 2015. Based upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor Glickstein (Seat #5) and Commissioner Petrolia (Seat #1). Mr. Frankel moved to reappoint Jennifer Aracri as an At Large Representative to the Kids and Cops Committee to serve a two (2) year term ending July 31, 2015, seconded by Mrs. Gray. 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. 26 07/25/13 Mrs. Gray moved to reappoint Phyllis Willingham as an At Large Representative to the Kids and Cops Committee to serve a two (2) year term ending July 31, 2015, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. Mayor Glickstein moved to reappoint Cory Cassidy as an At Large Representative to the Kids and Cops Committee to serve a two (2) year term ending July 31, 2015, seconded by Mrs. Gray. 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. Mrs. Petrolia moved to reappoint Francis Moschette as a Citizen at Large Representative to the Kids and Cops Committee to serve a two (2) year term ending July 31, 2015, seconded by Mr. Jacquet. 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. 90. APPOINTMENTS TO THE EDUCATION BOARD: Appoint five (5) regular members to the Education Board to serve two (2) year terms ending July 31, 2015. Based upon the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor Glickstein (Seat #5) and Commissioner Petrolia (Seat #1). Mr. Jacquet moved to appoint Deborah Nix as a regular member to the Education Board to serve a two (2) year term ending July 31, 2015, 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. Mr. Frankel moved to appoint Joyce Warner as a regular member to the Education Board to serve a two (2) year term ending July 31, 2015, seconded by Mrs. Gray. 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. Mayor Glickstein moved to reappoint Julia Kadel as a regular member to the Education Board to serve a two (2) year term ending July 31, 2015. 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. Mrs. Petrolia moved to appoint Mitchell Katz as a regular member to the Education Board to serve a two (2) year term ending July 31, 2015, seconded by Mr. Jacquet. 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. 27 07/25/13 Mr. Jacquet stated he would like to defer his appointment to the next regular meeting of August 6, 2013. 9.R APPOINTMENTS TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint one (1) regular member and two (2) alternate members to serve two (2) year terms ending July 31, 2015 to the Green Implementation Advancement Board. Based upon the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4). Mr. Frankel moved to remove Item 9.R. from the Agenda, 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. 9.5. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint three (3) regular members and two (2) alternate members to serve two (2) year terms ending July 31, 2015 to the Nuisance Abatement Board. Based upon the rotation system, the appointments will be made by Commissioner Gray (Seat #4), Mayor Glickstein (Seat #5), Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). Mrs. Gray moved to reappoint Greta Britt as a regular member to the Nuisance Abatement Board to serve a two (2) year term ending July 31, 2015, seconded by Mr. Frankel. 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. Mayor Glickstein moved to reappoint Carol Anderson as a regular member to the Nuisance Abatement Board to serve a two (2) year term ending July 31, 2015, seconded by Mrs. Gray. 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. Mrs. Petrolia moved to appoint Philip Friedman as a regular member to the Nuisance Abatement Board to serve a two (2) year term ending July 31, 2015, seconded by Mr. Jacquet. 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. Mr. Jacquet moved to reappoint Adam Reback as an alternate member to the Nuisance Abatement Board to serve a two (2) year term ending July 31, 2015, 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. 28 07/25/13 Mr. Frankel moved to reappoint Arline Sherman as an alternate member to the Nuisance Abatement Board to serve a two (2) year term ending July 31, 2015, 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 11:33 p.m., the Commission moved to Item 11, First Readings. 11. FIRST READINGS: 1LA. ORDINANCE NO. 12 -13: Consider a city- initiated amendment to Land Development Regulations (LDR) Section 4.6.9(13)(3)(c), "Parking Lot Stacking Distance ", to reduce the stacking distance for parking lots with 51 or more spaces when there are multiple access points. If passed, a public hearing will be held on August 6, 2013. office). The caption of Ordinance No. 12 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.9 "OFF- STREET PARKING REGULATION ", SUBSECTION (D), "DESIGN STANDARDS ", SUBSECTION (3), "POINT OF ACCESS TO THE STREET SYSTEM" TO REDUCE THE STACKING DISTANCE FOR PARKING LOTS WITH TWO OR MORE ACCESS POINTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 12 -13 is on file in the City Clerk's The City Attorney read the caption of the ordinance. The City Attorney stated on the Agenda it states that the second hearing will be held on August 6m; however, the second reading for Items 11.A. — 11.E. will be August 20, 2013 because there was not sufficient time to advertise in between this meeting and August 6m. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a city - initiated amendment to the LDRs that will reduce the required stacking distance for parking lots with more than fifty (5) spaces when there are two (2) or more access points. 29 07/25/13 At its meeting of June 17, 2013, the Planning and Zoning Board reviewed the item and voted 3 to 1 (Shutt dissenting) to recommend approval. Mr. Frankel moved to approve Ordinance No. 12 -13 on FIRST 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. 1LB. ORDINANCE NO. 13 -13: Consider a city- initiated amendment to Land Development Regulations (LDR) Section 2.4.3, "Submission Requirements ", Subsection (D), "Preliminary Engineering Plans ", and Subsection (F), "Final Engineering Plans ", to provide for bus shelters; enacting a new Section 6.1.14, "Transit ", to provide for bus shelters. If passed, a public hearing will be held on August 6, 2013. office.) The caption of Ordinance No. 13 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3 "SUBMISSION REQUIREMENTS ", SUBSECTION (D) "PRELIMINARY ENGINEERING PLANS" AND SUBSECTION (F) "FINAL ENGINEERING PLANS" TO PROVIDE FOR BUS SHELTERS; ENACTING A NEW SECTION 6.1.14 "TRANSIT" TO PROVIDE CRITERIA ASSOCIATED WITH TRANSIT STOPS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 13 -13 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a city - initiated amendment to the LDRs that provides specific criteria for warranting bus shelters and the requirement that they be shown on engineering plans. At its meeting of June 17, 2013, the Planning and Zoning Board reviewed the item and voted 4 to 0 to recommend approval. Mr. Jacquet moved to approve Ordinance No. 13 -13 on FIRST Reading, 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. 30 07/25/13 11.C. ORDINANCE NO. 14 -13: Consider an amendment to Section 99.02, "Definitions ", amending Section 99.03, "Loud and Unnecessary Noises Prohibited ", amending Section 99.04, "Exemptions ", amending Section 99.05, "Temporary Permits ", repealing Section 99.06, "Notice of Violation ", repealing Section 99.07, "Abatement Orders ", and amending Section 99.08, "Penalty ". If passed, a public hearing will be held on August 6, 2013. office.) The caption of Ordinance No. 14 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 99 "NOISE CONTROL" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 99.02, "DEFINITIONS" TO ADD THE DEFINITION "AIRCRAFT" AND REMOVE DEFINITIONS "COMMERCIAL AREA ", "INDUSTRIAL AREA" AND "OFFENSE "; AMENDING SECTION 99.03, "LOUD AND UNNECESSARY NOISES PROHIBITED" TO CLARIFY SAME, TO AMEND DISTANCE AND TIME REQUIREMENTS, AND TO ADD PROVISION FOR AIRCRAFT; AMENDING SECTION 99.04 "EXEMPTIONS" TO CLARIFY SAME; AMENDING SECTION 99.05 "TEMPORARY PERMITS" TO CLARIFY SAME; REPEALING SECTION 99.06 "NOTICE OF VIOLATION "; REPEALING SECTION 99.07 "ABATEMENT ORDERS "; AND AMENDING SECTION 99.08 "PENALTY" TO CLARIFY SAME AND TO ADD PENALTIES; AND PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 14 -13 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Janice Rustin, Assistant City Attorney, stated Ordinance No. 14 -13 amends Section 99.02, "Definitions ", amending Section 99.03, "Loud and Unnecessary Noises Prohibited ", amending Section 99.04, "Exemptions ", amending Section 99.05, "Temporary Permits ", repealing Section 99.06, "Notice of Violations ", repealing Section 99.07 , "Abatement Orders ", and amending Section 99.08, "Penalty ". Mayor Glickstein stated he cannot support something that someone could violate every other month and get to the 10th month and wait 2 months and then you are good for another year. Mayor Glickstein stated if someone violates the noise ordinance three times in a 12 month period he considers that habitual. 31 07/25/13 The City Attorney stated according to the Statute Code Enforcement is locked in on the first fine of $250; the second fine for a repeat violation would be $500; and on the 3rd offense have a larger fine and also give the City Manager the authority to revoke a business owner's business tax license regarding their ability to play music. Ms. Rustin stated the ordinance states that the first violation is $250 for repeat violations; the second is $500; the third is $1,000 and the fourth violation is $3,000. Mayor Glickstein suggested that the ordinance be amended so that that the 3rd violation would be $5,000 and gives the City Manager the authority to revoke the business tax license regarding their ability to play music; 4th violation $10,000; 5th $15,000 (cap per State Statute). Mayor Glickstein suggested that they have the statutory maximum for the first and second violation so that if the statute changes the City's ordinance would change as well. Mr. Frankel moved to approve Ordinance No. 14 -13 on FIRST Reading 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. 1LD. ORDINANCE NO. 16 -13: Consider an amendment to Chapter 110, "Local Business Taxes Generally ", of the Code of Ordinances, by enacting Section 110.17, "Conditions; Notification; Hearing ", to allow the City to impose conditions on a business tax receipt for repeated noise violations. If passed, a public hearing will be held on August 6, 2013. office.) The caption of Ordinance No. 16 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "LOCAL BUSINESS TAXES GENERALLY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING SECTION 110.17 "CONDITIONS; NOTIFICATION; HEARING" TO ALLOW THE CITY TO IMPOSE CONDITIONS ON A BUSINESS TAX RECEIPT FOR REPEATED NOISE VIOLATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 16 -13 is on file in the City Clerk's The City Attorney read the caption of the ordinance. 32 07/25/13 Mr. Jacquet moved to approve Ordinance No. 16 -13 on FIRST Reading, seconded by Mr. Frankel. 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. 1LE. ORDINANCE NO. 15 -13: Consider an amendment to Chapter 101, "Municipal Parks, Beaches and Other Recreational Sites ", Section 101.24, "Traffic Regulations ", of the Code of Ordinances, to increase the altitude restrictions for certain aircraft flying over the City. If passed, a public hearing will be held on August 6, 2013. office.) The caption of Ordinance No. 15 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "MUNICIPAL PARKS, BEACHES AND OTHER RECREATIONAL SITES ", SECTION 101.24, "TRAFFIC REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO INCREASE THE ALTITUDE RESTRICTIONS FOR CERTAIN AIRCRAFT FLYING OVER THE CITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15 -13 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Mr. Jacquet moved to approve Ordinance No. 15 -13 on FIRST Reading, seconded by Mr. Frankel. 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. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 12.A. City Manager The City Manager stated staff is in the process of getting both the sound system in the Commission Chambers upgraded in addition to the First Floor Conference Room so that the Workshop meetings can go back to being held in there. Secondly, the City Manager stated the City bid the beach pavilion but it is going to be re -bid because there were some questions about some of the aspects of it. He stated there were some items that were unclear about the plans. The City Manager stated Bob Currie intended there to be stainless steel hangers and it was unclear in the plans and feels that the City would have gotten galvanized because of the lack of clarity and there 33 07/25/13 were a couple other items on that as well. In addition, the City Manager stated the low bidder missed a major item (staff could tell because the price was too low); the low bidder would have lived with the lower bid but the City would have gotten numerous change orders. Therefore, the City Manager stated staff felt they would go back and re -bid the whole thing. The City Manager stated as long as the City has LDRs we are going to have conditional uses. Lastly, the City Manager stated he was uncomfortable about the discussion regarding the negotiating. The City Manager stated it may imply that the City's process is "for sale" to some degree and he does not feel we want the City's process to be perceived of as a saleable commodity. 12.B. City Attorney The City Attorney stated he will be out of town Monday, Tuesday, and Wednesday and he can be reached by email or cell phone. 12.C. City Commission 12.C.1. Mr. Frankel Mr. Frankel had no comments or inquires on non - agenda items. 12.C.2. Mrs. Gray Mrs. Gray stated with regard to the video streaming of the Commission meetings there used to be a function /feature where you could go backward or forward and now you have to listen to the entire meeting. The City Clerk stated the City received an upgrade from Granicus; however, she informed IT that we could no longer time stamp since the City received the new upgrade. The City Clerk stated she will have meetings that she will have to go back and time stamp and she hopes Granicus will have this squared away soon so she can redo that. Mrs. Gray asked if someone wants to make donations to our parks or to a program is there a policy that can be put online so that someone could actually donate to different areas. The City Manager stated staff is going to put together a "wish list" that solicits specific things from people. 12.C.3. Mr. Jacquet Mr. Jacquet stated with regard to the cabana issue he shares the sentiments of discomfort when negotiating from the dais but feels we need to stay within the legal 34 07/25/13 parameters and he is looking forward to hearing from the City Attorney on whether it is in their right to do it or not. Secondly, Mr. Jacquet stated the Goal Setting meeting was great. Mr. Jacquet stated last Saturday the Preserving Homeownership Clinic held at Pompey Park together with the Urban League of Palm Beach County was successful. He stated that same day there the First Annual Charity Basketball Game was held where some NFL professionals, NBA stars, and college stars came out to Atlantic High School and played basketball to raise funds for the youth. He stated there was a Mid- Summer Education Forum at Village Academy and Commissioner Petrolia was there, Senator Sachs, two School Board members, State lobbyist and Federal lobbyist for the Palm Beach County school system. Mr. Jacquet stated it was a wonderful event and parents and children were there to hear about the legislative changes that are going on with respect to education. Mr. Jacquet stated tomorrow during the day is the Back to School Give - Away Event on S.E. 2nd Avenue (immediately east of the Railroad Tracks between 3:00 P.M. — 8:00 P.M. 12.C.4. Mrs. Petrolia Mrs. Petrolia stated the Mid - Summer Education Forum was great and beneficial. Secondly, Mrs. Petrolia stated she had the opportunity to welcome the Miami Historic Episcopalian Group and enjoyed it. Mrs. Petrolia stated the Goal Setting meeting was great. She commended Mayor Glickstein for changing up the way that the Commission was going and this is the reason the meeting was very productive because they spent all of their time on things they really felt that they could accomplish in the next 12 months. 12.C.5. Mayor Glickstein Mayor Glickstein concurred with Commissioner Petrolia that when Commissioner Jacquet spoke in Creole it changed the vibe in the room and stated this was a respectful touch. Secondly, Mayor Glickstein commented about the email regarding the traffic calming on Barwick Road and stated he attended a County Commission meeting where the County agreed to install up to the City line. Mayor Glickstein stated he and the City Manager attended a meeting with Mayor Abrams about things that the City is looking for that they may have money for. Mayor Glickstein this may be an opportunity for the City to ask them to continue that down since they are already there. Mayor Glickstein 35 07/25/13 stated Mayor Abrams suggested that they have the funds for it. There being no further business, Mayor Glickstein declared the meeting adjourned at 12:06 p.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on July 25, 2013, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 36 07/25/13 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE MODIFICATION REQUEST FOR SAND BAR ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request to allow outside entertainment via disc jockey (DJ) on an existing open air porch located within the Sand Bar associated with Boston's Restaurant has come before the City Commission on July 25, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for the Sand Bar. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and ll. COMPREHENSIVE PLAN a. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of Commercial Core and is zoned Central Business District. Future Land Use - Is the outside entertainment via DJ consistent with the Future Land Use Map? Yes ✓ No b. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? City Commission Meeting on July 25, 2013; Item 9.A. Yes ✓ No C. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes ✓ No II. LDR REQUIREMENTS: a. LDR Section 2.4.5E Required Findings: Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E) (5) be met? Yes ✓ No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves ✓ denies the conditional use request set forth above subject to the conditions set forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this order this 25th day of July, 2013, by a vote of 4 in favor of aftproval and 1 opposed. <1 - - °� Ca D. GAckstein, Mayor ATTEST: � `� '�S� • \y Chevelle Nubin City Clerk 2 City Commission Meeting on July 25, 2013; Item 9.A. EXHIBIT A TO THE CONDITIONAL USE MODIFICATION REQUEST FOR SAND BAR 1. Installation of an acoustifence noise barrier to reduce the impact on adjacent residential properties. This will require subsequent processing and approval of a Class II Site Plan modification application and should include landscaping on both sides of the fencing. 2. Given the demand for motorcycle parking, it is recommended that an area on -site be designated for motorcycle parking that accommodates this demand and reduces the negative noise impact on adjacent residential properties to the south. The preferred location would be at the northernmost access point closest to commercial properties on East Atlantic Avenue. 3. All on -site activities, inclusive of the proposed disc jockey, are subject to compliance with Section 99 "Noise Control" of the Code of Ordinance for the City of Delray Beach. 4. If approved, the subject outdoor entertainment in the dining courtyard area will cease at 12:00am midnight on Friday and Saturday and 11:00 a.m. on all other nights. No 24 -Hour or late night operation hours for Boston's Sand Bar will be permitted without the processing and approval of a separate conditional use request. 5. The outside entertainment is limited to a Disc Jockey without an amplified microphone. Any other on -site entertainment (i.e. live band performances) will require processing and approval of a separate conditional use request. 6. Subject to only pre - recorded music being used as stated by the applicant, similar to Pandora. 7. If they have more than 3 violations in one year, their Conditional Use approval will be revoked. A violation is a Civil Citation that is either paid by the applicant or if on appeal, the citation is upheld; likewise, if the Code Enforcement Board issues a finding of guilt that would also signify a violation. 8. Applicant understands and agrees that the General Manager or Manager on Duty shall also monitor the actions of the Disc Jockey for compliance with the City's noise ordinance. City Commission Meeting on July 25, 2013; Item 9.A. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 313 NW 1ST AVENUE 1. This waiver request came before the City Commission on July 25, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for 313 NW 1st Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.4.24(F)(4) Pursuant to LDR Section 4.4.24(F)(4), the maximum width of a building fronting a street in the Old School Square Historic Arts District (OSSHAD) shall be limited to 60' and shall have a minimum separation of 15' between buildings fronting a street in a development site that contains more than one structure. The applicant is asking for a waiver to allow for the building width of the elevation fronting the street to be 87' 2.5 ". Should the waiver to Section 4.4.24(F)(4) be granted? Yes ✓ No 1 City commission Meeting on July 25, 2013; Item 9.C. 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 25 day of July, 2013 by a vote of 5 in favor and 0 opposed. ATTEST: Chevelle Nubin, City Clerk 2 Cary ,O. Pickstein, Mayor City commission Meeting on July 25, 2013; Item 9.C. Heritage Landing j New Homes in Delray Beach, FL http: / /wwiN,.drhorton. eom/W here- We- Build/Florida/South- East - Florida... Heritage Landing Welcome to our Brand New Close to Shopping and Downtown Delray Townhome community coming soon to Beach Restaurants Delray Beach, Florida. Less than a mile to the Beach • Near Bethesda Memorial Hospital • Easy access to I -95 making your daily Be 4 e first ko rafmlve %'xtul.'sive commute easier and quicker del;aft, Z l�vr. thki corwfmunti'v! Email Afar tffaA9A1DRR9rt4n.Goilt to join our vre :rwer•a,m I:eF Quick Move Ins Home Plans Nearby Communities Compare Community Name Sq. Ft. City Area Distance Priced From i _: Heri''aee CPub - Single Fami Hp_mes 1655 -2278 sq. ft. Bnynl Beach, FL 0.03 miles the mid 200s -_ Grarcler oars 1630 -1893 sq. ft. Oelra &y each, FL 4,35 miles the low$200's ., Viza aka Boynton Reach FL 6.51 miles Please Call Verona Mates Greenacres, FL 7B7 miles Please Call _1 River BrldFe 1969 -2784 sq, ft. Greertacres FL 11.85 miles the mid 2005 Sunset Isles 1535 -2784 sq. ft. Haverhill, FL 14.16 miles the mid 200s ` i W, hlSPerine L+lflods 1789-3 sq• ft. Welilh tgtun, FL 14.69 miles the mid 2005 rt- Qtchld Grove 1452 -1948 Sq. ft. Fompano Beach, FL 18.98 miles the upper 100s d i% Nome and community information, including pricing, included features, terms, availability and amenities, are subject to change and prior sale at arc/ time without notice m obligatiors_orawings, piclunrs, photographs, video, square rootages, flea r plans, elevations, features, colors and sizes are appimmiate for W- nration purposes only and will vary From the homes as bult.lneges do not reflect a racial nreth me preference.Home house and do not include options or pries retrto the base price o the premiums, unless otherwise indicated for a sped6c home.Nothing an rertam lende rs ortitle companies, same of which may he affiliates of D.R- Horton, and could affect loan our Wehsite should be construed as legal, accounting or tax aclvlce.lncenhv s and seller contributions may require the use of your are subject to terms and cnnditiansplease consul n.A_ Horton amoum.Not all people will qualify for all oHers,Promofional of oim are lypkally ilmlled to specific homes and communiti es and a sales agew and review a home sales contract far additional intormaton, disclosures and disclaimers. loft 9/3/2013 2:01. PM APR° 16 -2013 15:19 BE KER POLIAKOFF A# � ;far ° fr ADMIHISTRATIVL OIF1CC %1; S"RLIH6 ROAD April 15, 2013 FORTL UDEROAU, FL 93312 W WW.0 ECKU- POUAKOFF.COM aP<W HCK$9&01.lAKOFf,COM S N P�002 -/002 Sank of America Centre 525 N. Flagicr Drive, Ith doer WW Palm leach, Florida 33401 Phone, (561) 60 -8444 Fax: (561) 83249117 Reply To: William I Cea, Esq. Board Certified Construction Lawyer Florida Certified Circuit Civil Mediator Direct Dial: (561) $24 -2888 WCca @becker pollakoffxom Also Admitted In District of Columbia SENT VLk FACSEVIHLE 561 - 243-7149 AND U.S. MALL HHonorablc Cary D. Glickswin City of Delray Beach 10 N.W. 1st Avenue Delray Beach, Florida 33444 U.s, a45WML 0McEs WNI(QRI�NWY4DRx William J, Cea WASMIGTON, D.� S1�y ! For the Finn 6' R9MT0V M„ fItW Is' *V YY 3 CI Mbk Rtolcumwwm�SEY cc: D.R. fiorton, Ito, PMGK =eN W.AUJIuc 'OvwM�aw ACT) V9; 46297051 LEGAL ANO BUSINESS STRAWGISTS I MSFR OF LEGUS. KANONALAN6WERNAi1GRAL LA%Y A QM NF, IYMRK Y R-lITJIT L A0 %= Re: Bexley Park noluaoomw 90CARAtU4 Dear Mayor Glickstein. Jour 1"015 FOUWALm mcs This firm represents D.R. Horton, Inc. We are in receipt of a, copy of your April :'OMYAfto 5, 2013 letter to Paul Romanowski. We appreciate that you took the time to correspond HOMESTM with our client. It is appa=t that your later is based upon allegations made by Eexley W Park homeowners. 4AUn 9w, Mow The same allegations, howewx, axe the subject of pending litigation, In fact, tho MW" litigation irtoludes claims merted amongst the homeowners thomsclvcs. D.R. Horton Es disputes the allegations as to its workmanship. It is also worth noting; that the homes were OhArto aU permitted, inspected and approved by the City. As we aro sure you can appreciate, we P0Kr5T,IUCrr cannot recommend that our client participate in meetings with the City while there is pending litigation. s+.wtiscl :r, TALUUVASEP 'ham, you for your time and attention to the above - VA%A BAY WE5TPALMWAQR Sin ally, - U.s, a45WML 0McEs WNI(QRI�NWY4DRx William J, Cea WASMIGTON, D.� S1�y ! For the Finn 6' R9MT0V M„ fItW Is' *V YY 3 CI Mbk Rtolcumwwm�SEY cc: D.R. fiorton, Ito, PMGK =eN W.AUJIuc 'OvwM�aw ACT) V9; 46297051 LEGAL ANO BUSINESS STRAWGISTS I MSFR OF LEGUS. KANONALAN6WERNAi1GRAL LA%Y A QM NF, IYMRK Y R-lITJIT L A0 %= BEXLEY PARK CONDOMINIUM ASSOCIATION COMWJNITY WATER INTRUSION CL 3 - Carpet underlay tac -strip and floorboard show- CL 4 - Wall cavity members and insulation below ing deterioration from water seepage. window with mold growth {]PEG image, 4608 x 3456 pixels) - Scaled (17 %) 1of1 https: / /mai l- attachment. googleusercontent .com /attachment/u/O / ?ui =2... 9/3/2013 2:56 PM Cary Glickstein From: BassaiDai [bassaidai1969 @gmail.com] Sent: Tuesday, September 03, 2013 3:32 PM To: Lula Butler; Al Berg; Darcy Tyson Cc: Cary Glickstein; Shelly Petrolia; Adam Frankel; Al Jacquet; Ark Veleta Gray Subject: Spot Coffee - Loitering on Sidewalk Attachments: photo.JPG What you see is a DAILY occurrence at Spot Coffee and its not even season yet. Welcome to Delray Beach! These kids wouldn't let me pass, made me walk in the street, and blew their smoke all over me as I walked by to my car in the garage. Please enf40rce the sidewalk cafe ordinances! This place has become a de facto rehab center. Why is the- landlord allowed to et away with this? Revoke their license before its too late. g SPECIAL MEETING AUGUST 27, 2013 A Special 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, August 27, 2013. Roll call showed: Present - Commissioner Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Mayor Cary Glickstein Absent - Commissioner Angeleta E. Gray Also present were - Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Mayor Glickstein called the Special meeting to order and announced that it had been called for the purpose of considering the following Items. SPECIAL MEETING AGENDA Mayor Glickstein opened the meeting for public comment on the special meeting items. Public: 1. Mr. Steve Blum spoke regarding an email he sent to Mr. Chapman regarding the millage rate and pay increases. 2. Mr. Victor Kirson stated he is in favor of not hanging the signs at the library. Mayor Glickstein then closed public comments as there were no other speakers. 1. WAIVER REQUEST /LITERACY COALITION OF PALM BEACH COUNTY: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.7(F)(3)(0, "Special Event Non - Roadway Banner Signing ", to allow the Literary Coalition of Palm Beach County to hang banners at City Hall and the Delray Beach Library for 90 days from the date of installation, as part of the Campaign for Grade -Level Reading and waive associated fees. (Quasi-judicial Hearing) Mayor Glickstein stated this item is time sensitive and this is the reason it is on the agenda tonight. Mayor Glickstein read the City of Delray Beach Quasi-judicial rules into the record for this item. 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. Commission had no ex parte communications on this matter. Mrs. Lula Butler, Community Improvement Director, spoke regarding the request and stated this is in association with the Campaign For Grade Level Reading and the city was an All - America City Finalist in 2011. She stated staff supports this request. Ms. Jeanne Heavilin, Senior Coordinator of Community Engagement/ Literacy Coalition of Palm Beach County, was present for questions. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. Ms. Alice Finst asked about the maintenance /painting of the library before hanging the banners. There being no one else from the public who wished to address the Commission, the public hearing was closed. Mrs. Petrolia asked about the size of the banners. Mr. Jacquet asked who is responsible for the painting of the building. The City Attorney reviewed the board order with the Commission (attached hereto and made an official part of the record). Mr. Jacquet moved to adopt the board order as presented, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mrs. Petrolia — Yes; Mr. Frankel — Yes; Mayor Glickstein - Yes. Said motion passed with a 4 to 0 vote. 2. FY 2013/2014 Budget Discussion Mr. David Boyd, Finance Director, stated nothing has changed since the last meeting and he is present for any questions the Commission may have. Mr. Louie Chapman, Jr., City Manager, stated he has provided the Commission with the Public Employers Personnel Information Exchange ( PEPIE) survey and discussed the information. Mr. Boyd provided a handout to Commission regarding increases for Police and Fire as well as Civil Service employees since FY 2007/2008. Mayor Glickstein asked why is there such a lack of participation from Palm Beach county regarding the PEPIE survey. The City Manager stated the survey is voluntary participation. Mrs. Petrolia clarified her comments regarding pay increases. She stated she supports raises, however, not across the board. She discussed the PEPIE survey, performance evaluations and asked what the figure would be regarding a 3% increase. In addition, Mrs. Petrolia referenced a letter she received from an employee. Mayor Glickstein discussed the performance evaluation system. 2 August 27, 2013 Mr. Chapman stated he has asked that all evaluations be brought current within 30 days. Mr. Jacquet stated the PEPIE survey should have been provided to Commission at the onset of the budget discussions. He stated he would have liked to have seen more information regarding other comparable cities i.e. population to Delray Beach. He referenced the handout from Mr. Boyd and the letter from an employee. He stated he supports raises but does not feel comfortable with across the board raises. Mrs. Petrolia asked about the departmental requests and city manager recommendation columns in the budget. In addition, she reiterated that Commission is representing taxpayers who provide dollars for the budget. Mayor Glickstein stated there has been an information deficit regarding the budget. He also discussed having a contingency in the budget versus taking from reserves. He referenced an email from Mr. Joe Snider about "green" initiatives and cost savings. The City Manager stated he met with Ms. Nancy Schneider regarding green initiatives. Mr. Jacquet asked about elected officials salaries and if a survey had been done of surrounding cities. He asked that this be provided to him. Mr. Frankel stated Delray Beach is low regarding elected official salaries and the City Clerk can provide the information regarding other municipalities. Mayor Glickstein adjourned the Special Meeting at 7:06 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 Special Meeting of the City Commission held on Tuesday, August 27, 2013, which Minutes were formally approved and adopted by the City Commission on September 3, 2013. City Clerk 3 August 27, 2013 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. August 27, 2013 2013. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR THE LITERACY COALITION 1. This waiver request came before the City Commission on August 27, 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the Literacy Coalition to place a banner on City Hall and the library. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.6.7(F)(3)(D: Pursuant to LDR Section 4.6.7(F)(3)(f), special signing in accordance with this Subsection, may be allowed by the Chief Building Official or his/her designee, for special events if it is determined that the sign type meets the following criteria: 1. the sign provides notice to the public of a public meeting or other public event, 2. the sign is temporary and for a limited time, and 3. the sign, if allowed for a limited time, must meet the following criteria: 1 City Commission Special Meeting on 08 -27 -2013; Item SP.1 (i) the sign will not conceal or obstruct adjacent land uses or signs, (ii) the sign will not conflict with the principal permitted use of the site or adjoining sites, (iii) the sign will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians, and (iv) the sign will be installed and maintained in a safe manner. The approval, or disapproval, of such sign shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such sign. The Chief Building Official or his /her designee shall render a decision within fourteen (14) days after an application is made for utilizing this sign type for a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the City Manager. 4. Each sign limited to less than twenty square feet (20 sq.ft.) in area, 5. Allowed fourteen (14) days prior to the event and must be removed by the second day after the event. Should the waiver to allow the banners to be up for a total of 90 days be allowed? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. N City Commission Special Meeting on 08 -27 -2013; Item SP.1 5. Based on the entire record before it and subject to the condition listed in Exhibit "A ", the City Commission approves 4 denies the waiver request. 6. Based on the entire record before it and subject to the condition listed in Exhibit "A °, the City Commission hereby adopts this Order this 27"' day of August, 2613, by a vote of 4 in favor and 0 opposed. ATTEST: Chevelle Nubin, City Clerk 60�<Af_'� Cary D. Gli in, Mayor 3 City Commission Special Meeting on 08 -27 -2013; Item SP.1 Exhibit "A" Condition Related to the Waiver Request/Literacy Coalition 1. The banner must be kept in a good condition as determined by the City in its sole and absolute discretion. 2. The City and Library shall determine where the banners will be placed. City Commission Special Meeting on 08 -27 -2013; Item SP.1 MEMORANDUM 'A Z TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, LEED (GA), Director Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: August 23, 2013 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 RESOLUTION NO. 35 -13 /ABANDONMENT OF RIGHTS -OF -WAY/ MORSE OPERAT INC. ITEM BEFORE COMMISSION The item before the Commission is consideration of the abandonment of portions of the road rights -of- way for Avenue "F" (aka Fladell Way) and Avenue "G" (aka Transportation Lane), pursuant to LDR Section 2.4.6(M), Abandonment of Rights -of -Way. BACKGROUND The majority of the road right -of -way for Avenue "F" was dedicated by the plat for Del Raton Park (PB 14, Pages 9 and 10), but the western portion of the right -of -way was dedicated by the plat of Delray Mazda (PB 64, page 21) and by special instruments (recorded in ORB 17134, pages 1024, 1033 and 1028). The portion of the right -of -way to be abandoned is 50 feet wide by 693 feet long and is located between South Federal Highway and Old Dixie Highway. The road right -of -way for Avenue "G" was dedicated by the plat for Del Raton Park (PB 14, Pages 9 and 10). The portion of the road right -of -way to be abandoned is 50 feet wide by 428 feet long and is located west of South Federal Highway. The abandonment is to accommodate redevelopment of the adjacent properties for a proposed Honda automobile dealership. Since the proposed dealership includes properties on both sides of these roadways, the abandonment will allow for buildings to be constructed across the road rights -of -way. The roadways provide access to the adjacent properties, including an existing parking lot on Old Dixie Highway which is not included in the proposed dealership. Morse Operations, Inc., which owns all of the adjacent property, including this parking lot, intends to convey the interests which it obtains as a result of the abandonment of Avenue "F" and Avenue "G" to DBVT Development, LLC for development of the dealership. Since the parking lot has two driveway connections to Avenue "F", Morse has elected to relinquish its interests in the existing access points between the parking lot parcel and Avenue "F". The roadways contain existing utilities which only service those properties included within the proposed dealership, with the exception of FPL lines which provide power to the lights in the existing parking lot to the west. The proposed abandonment is in concert with the City Commission's acceptance of a "Temporary Access/Utility Easement Agreement ", which is also being considered at this meeting. Under this agreement, a temporary access /utility easement will remain in force over the entire abandoned areas to keep the access open and accommodate existing utilities until they are relocated with the redevelopment of the property. When the property is replatted to accommodate the proposed development, new easements for relocated utilities will be provided on the plat or by special instrument if required by the utility companies. To protect the City's interests, the abandonments shall not be effective until both the Resolution and the Temporary Access/Utility Easement Agreement have been recorded in the Public Records of Palm Beach County, Florida; and a reverter clause has been included in the Resolution to revert the abandoned roadways back to public rights -of -way if the construction of the dealership is not "substantially completed" within two (2) years of the adoption of the Resolution. REVIEW BY OTHERS Development Services Management Group (DSMG): On March 3, 2013, the DSMG reviewed the request and was generally supportive of the abandonments, provided utility relocations would be accommodated for the redevelopment. Environmental Services Department: The City's Environmental Services Department (ESD) has reviewed the request and has no issues with the abandonment provided all existing utilities are accommodated within temporary easements until the utilities are removed and/or relocated. Since temporary easements will be provided over existing utilities in the roadways, service from the utility providers (i.e. Florida Public Utilities, AT &T, Comcast, FPL, and the City, for water and sewer) to the existing development will be accommodated. Planning and Zoning Board: On July 15, 2013, the Planning and Zoning Board separately reviewed the two abandonments and recommended approval (4 -0) for both, by adopting the findings of fact and law contained in the staff report, and finding that the requests and approval thereof were consistent with the Comprehensive Plan and met criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations, subject to the following conditions: 1. That a temporary access /utility easement be provided over the existing roadway prior to the abandonment. 2. That the replat for the property provide a permanent access easement over the west portion of Avenue "F" to provide access to the existing parking lot on Old Dixie Highway or that the owner of that parking lot property agree to eliminate access to the roadway. 3. That a reverter clause be included in the abandonment resolution to return the right -of -way to the public if the redevelopment project is not constructed. 4. That the location of all existing water mains and sanitary sewer mains be clearly indicated on the survey. These conditions have been met. A full analysis of the proposed abandonments, including the required findings is provided in the attached Planning and Zoning Board staff reports. Courtesy Notices: Courtesy notices were provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Pelican Harbor • Tropic Harbor • Tropic Isles Civic Association • Tropic Bay • Tropic Palms Public Notice: Formal public notice was provided to property owners within a 500' radius of the subject property and a notice was posted in the newspaper. As of this date, the Planning Department has not received any letters of opposition to the abandonment. Additional letters of objection or support, if any, will be provided at the City Commission meeting. RECOMMENDATION Consider approval of Resolution No. 35 -13. RESOLUTION NO. 35 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING PORTIONS OF THE ROAD RIGHTS -OF -WAY FOR AVENUE "F" (AKA FLADELL WAY), AND AVENUE "G" (AKA TRANSPORTATION LANE), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A REVERTER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, received an application for the abandonment of a portion of the existing road right -of -way known as Avenue "F" (aka Fladell Way) as set forth on the plat for Del Raton Park (PB 14, Pages 9 and 10), the plat of Delray Mazda (PB 64, Page 21) and by special instruments (recorded in ORB 17134, pages 1024, 1033 and 1028.); being more fully described in the sketch attached hereto as Exhibit `B "; and WHEREAS, the City of Delray Beach, Florida, received an application for the abandonment of a portion of the existing road right -of -way known as Avenue "G" (aka Transportation Lane) as set forth on the plat for Del Raton Park (PB 14, Pages 9 and 10), being more fully described in the sketch attached hereto as Exhibit "C "; and WHEREAS, the Applicant for these abandonments is the fee simple owner of land within the CITY as more specifically set forth in the legal description attached hereto as Exhibit "A" (the "Property "); and WHEREAS, the Applicant has entered into an agreement to sell the Property to DBVT Development, LLC, for the relocation and redevelopment of the Delray Honda dealership on the Property (the "Project "); and WHEREAS, DBVT Development, LLC, intends to remove and /or relocate the existing utilities within the rights -of -way of Avenue "F" and Avenue "G" in order to develop the Project; and WHEREAS, DBVT Development, LLC, intends to dedicate via plat new utility easement locations to serve the Project; and WHEREAS, the application for abandonment of said right -of -way was processed pursuant to Section 2.4.6(M), "Abandonment of Rights -of- Way ", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(M)(3)(e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at public hearings on July 15, 2013 and voted 4 to 0 to recommend approval of each of the abandonments, based upon positive findings with respect to LDR Section 2.4.6(M)(5), subject to the conditions that a temporary access /utility easement be provided over the existing roadway prior to the abandonment and that a reverter clause be included in this resolution to return the rights -of -way to the Public if the Project is not constructed. WHEREAS, pursuant to LDR Section 2.4.6(M), the applications were forwarded to the City Commission with the recommendation that the abandonments be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that it to be in the best interest of the City of Delray Beach to vacate and abandon said road rights of way, based upon positive findings pursuant to LDR Section 2.4.6(M)(5). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the City of Delray Beach Commission to vacate and abandon all rights and interests it holds to the following real properties described as follows: SEE, ATTACHED EXHIBITS "B" AND "C" Section 3. That should the construction of the Project not be "substantially completed" within two (2) years of the adoption of this Resolution, the City shall reserve the right to elect to have the abandonment of Avenue "F" (aka Fladell Way) as more fully described on the attached Exhibit `B" and the abandonment of Avenue "G" (aka Transportation Lane) as more fully described on the attached Exhibit "C" revert back to public rights -of -way and this Resolution be deemed null and void. For purposes of this Resolution, the term "substantially completed" shall have the same meaning as set forth in City of Delray Beach Land Development Regulation Section 2.4.4(D), "Establishment of Project." Section 4. The abandonments shall not be effective until both this Resolution and a Temporary Access /Utility Easement Agreement have been recorded in the Public Records of Palm Beach County, Florida. 2 RES. NO. 35 -13 PASSED AND ADOPTED in regular session on this the day of 2013. MAYOR ATTEST: CITY CLERK RES. NO. 35 -13 EXHIBIT "A" LEGAL DESCRIPTION (THE PROPERTY) Parcel 1: A parcel of land in Palm Beach County, Florida, being a part of the plat of DEL -RATON PARK, according to the Plat thereof, as recorded in Plat Book 14, Pages 9 and 10, of the Public Records of Palm Beach County, Florida and being described as follows: Lots 28, 29, 30, 31 and 32, Less the East 2.00 feet thereof, Block 14, DEL -RATON PARK; Lots 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43 and 44, Block 14, DEL -RATON PARK, together with that portion of the 10 foot alley right - of -way bounded on the West by Lot 33 and on the East by Lots 28 through 32 inclusive; on the North by Avenue "F" and on the South by an abandoned alley, Block 14, DEL -RATON PARK, according to the Plat thereof as recorded in Plat Book 14, Page 9, of the Public Records of Palm Beach County, Florida as abandoned by Resolution No. R -83 -1539 recorded in Official Records Book 4111, Page 836 and together with any and all rights to that certain 10 foot service alley abandoned by Palm Beach, County, as more fully described in that certain Palm Beach County Resolution No. R -84 -392, recorded April 26, 1984, in Official Records Book 4222, Page 1625, of the Public Records of Palm Beach County, Florida. Parcel 2 Lots 11 through 16 inclusive, Block 14, DEL -RATON PARK, according to the Plat thereof on file in the office of the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 14, Page 9, Less the Southernmost five feet thereof, together with any and all rights to that certain 10 foot service alley abandoned by Palm Beach County as more fully described in that certain Palm Beach County Resolution No. R -84 -392, recorded April 26, 1984, in Official Records Book 4222, Page 1625, of the Public Records of Palm Beach County, Florida. Parcel 3: Lots 23 through 27, inclusive, less the East 2 feet and less the Southernmost 5 feet of Lot 23 and Lots 17 through 22, inclusive, Less the Southernmost 5 feet, all in Block 14, DEL -RATON PARK, according to the Plat thereof, as recorded in Plat Book 14, Pages 9 and 10, of the Public Records of Palm Beach County, Florida, together with any and all rights to that certain 10 foot service alley abandoned by Palm Beach County, as more fully described in that certain Palm Beach County Resolution No. R -83 -1538, recorded December 16, 1983 in Official Records Book 4111, Page 839, of the Public Records of Palm Beach County, Florida. Parcel 4: PLAT OF AIDEN, LESS the West 50 feet thereof (marked as Additional Right -of -Way for Old Dixie Highway) and LESS the South 25 feet of the East 65 feet of the West 115 feet thereof, according to the plat thereof, as recorded in Plat Book 29, Page 211, of the Public Records of Palm Beach County, Florida. ALSO LESS and EXCEPT that portion thereof deeded to the City of Delray Beach, Florida by Right -of -Way Deeds recorded in Official Records Book 17134, Page 1024 and Official Records Book 17134, Page 1033, Public Records of Palm Beach County, Florida, described as follows: A portion of the PLAT OF AIDEN, according to the Plat thereof, as recorded in Plat Book 29, Page 211, Public Records of Palm Beach County, Florida, being more particularly described as follows: Commence at the Southwest corner of said PLAT OF AIDEN; thence North 90 degrees 00'00" East, on an assumed bearing along the South line of said Plat, a distance of 76.00 feet to the Point of Beginning; thence continue North 90 degrees 00'00" East, along said South line, a distance of 39.00 feet; thence North 00 degrees 00'00" East, continuing along the boundary of said PLAT OF AIDEN, a distance of 25.00 feet; thence North 90 degrees 00'00" West, a distance of 39.00 feet; thence South 00 degrees 00'00" East, a distance of 25.00 feet to the South line of said Plat and the Point of Beginning. Parcel 5: Intentionally deleted. Parcel 6: Lot 1 of MORSE -LAMAT PLAT recorded in Plat Book 112, Page 139, Public Records of Palm Beach County, Florida. SKETCH OF DESCRIPTION EXHIBIT 'B" SHEET I OF 1 0 N II I �u PLAT OF A IDEN (PLA T BOOK 29, PAGE 211) Q z 693.00' Qij f= >' 19 °0 Q) Q) A VENUE F Ooh (POSTED FLADELL WAY) Q �L 43 3.00' ° °? O 69 � LOT 2, MORSE— BLOCK 74, DEL —RA TON PARK LAMA T PLAT (PLAT BOOK 14, PAGES 9 -10) (PLAT BOOK 112, PAGES 139 -141) DESCRIPTION. NOTES- THA T PORTION OF A VENUE F (POSTED AS THIS IS NOT A SURVEY FLANDELL WA Y) L PING WEST OF THE WEST RIGHT OF WAY LINE OF U.S HIGHWAY NO. 1 AND EAST OF THE EAST RIGHT OF WA Y LINE OF OLD DIXIE HIGHWA Y AS SHOWN ON THE PLAT OF DEL -RA TON PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 34,650 SQUARE FEET MORE 2� OR LESS. [ ( . _, SURVEYOR & MPER NO 5708 DA TE.• MAY 3O, 2013 ORDER NO. 01- 133'4 VENUE F" O:IDramngslGENEPAL CADDIGxd1AVENUE F SKETCH — 06/21/2013 — 12:46 PM — Scale 1, 360.000000 SKETCH OF DESCRIPTION EXHIBIT "C" SHEET 1 OF 1 0 N II I �u J U BLOCK 14, DEL -RA TON PARK Q (PLAT BOOK 14, PAGES 9 -10) 428.00' Q Q i CC O N 0 -__J N � w �o oQ z J ti co W % 00 DESCRIPTION.• A VENUE G (POSTED TRANSPORTATION LANE) 428.00' 0 _Qoo LOT 1 MORSE -LAMA T PLAT (PLAT BOOK 112, PAGES 139 -141) THAT PORTION OF AVENUE G (POSTED AS TRANSPORTATION LANE) LYING WEST OF THE WEST RIGHT OF WAY LINE OF U.S HIGHWAY NO. 1 AND EAST OF LOT 2, MORSE -LAMA T PLA T, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 112, PAGES 139 -141, RIGHT OF WAY AS SHOWN ON THE PLAT OF DEL -RA TON PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, ALL BEING IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 23,540 SQUARE FEET MORE OR LESS. ORDER NO. 01- 133 "AVENUE G" NOTES.• THIS IS NOT A SURVEY PAUL D. ENGLE : SURVEYOR & MA DA TE MA Y 30, 2013 OADrawingslGENEPAL CADDXGxdXAVENUE K SKETCH -- 0812112013 — 12:47 PM -- Scale 1, 360.000000 w� zo J o� cz, C7 W vJ NO. 5708 41 R 4pr CL CA LL IY. ii f Q1 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH - -- STAFF REPORT - -- MEETING DATE: July 15, 2013 ITEM: VII.D. GENERAL DATA: Abandonment of the road right -of -way for Avenue "F" (aka Fladell Way), located between South Federal Highway and Old Dixie Highway. Applicant..... ............................... Property Owner of Adjacent Properties.. Agent.......... ............................... Location ..................................... Property Size ............................. Future Land Use Map ................ Current Zoning ........................... Adjacent Zoning ................North East Van Tuyl Group Morse Operations Inc. Weiner, Lynne & Thompson, P.A, 50 feet wide by 693 feet long improved road right -of -way, located between South Federal Highway and Old Dixie Highway. 0.80 acres (34,650 sq. ft.) GC (General Commercial) AC (Automotive Commercial) AC (Automotive Commercial) AC (Automotive Commercial) and SAD (Special Activities District South: AC (Automotive Commercial) West: CD (Conservation District and OSR (Open Space & Recreation) Existing Land Use ...................... Improved Roadway (Public) Proposed Land Use .................... Auto Dealership r WIN 11lIIlls ��1111!ljjj111l1► VII. D. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of the road right -of -way for Avenue "F" (aka Fladell Way), located between South Federal Highway and Old Dixie Highway. This right -of -way abandonment is being processed pursuant to LDR Section 2.4.6(M), Abandonment of Rights -of -Way. BACKGROUND The majority of the road right -of -way for Avenue "F" was dedicated by the plat for Del Raton Park (PB 14, Pages 9 and 10), but the western portion of the right -of -way was dedicated by the plat of Delray Mazda (PB 64, page 21) and by special instruments (recorded in ORB 17134, pages 1024, 1033 and 1028.) The abandonment is to accommodate redevelopment of the adjacent properties for a proposed Honda automobile dealership. The abandonment is in concert with the abandonment of Avenue "G" (aka Transportation Lane), which is also being considered at this meeting. Since the proposed dealership includes properties on both sides of these roadways, the abandonment will allow for buildings to be constructed across the road rights -of -way. ABANDONMENT DESCRIPTION The subject road right -of -way to be abandoned is 50 feet wide by 693 feet long and is located between South Federal Highway and Old Dixie Highway. ABANDONMENT ANALYSIS Pursuant to LDR Section 2.4.6(M)(1), public right -of -way may be abandoned (returned) to the fee description of adjacent property to the same degree in which it was originally obtained (i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels.) As previously stated, the subject road right -of way was dedicated by two plats and special instruments. The owners of the adjacent property to north and south are entitled to the abandoned area. The roadway contains existing utilities and provides access to the adjacent properties, including an existing parking lot on Old Dixie Highway which is not included in the proposed dealership. Since this parking lot has two driveway connections to Avenue "F ", an easement will be necessary over the rear portion of the abandoned area to maintain this access or the driveway connections eliminated with the approval of the property owner. This has been added as a condition of approval. The City's Environmental Services Department (ESD) has reviewed the request and has no issues with the abandonment provided all existing and proposed utilities are accommodated within easements. Existing utilities within the road right -of -way only service those properties included within the proposed dealership. Since easements will be retained over existing utilities or provided over relocated utilities, service from the utility providers (i.e. Florida Public Utilities, AT &T, Comcast, FPL, and the City, for water and sewer) to the new development will be accommodated. Planning and Zoning Board Meeting of July 15, 2013 Abandonment of Portion of Avenue "F" (aka Fladell Way) Page 2 With the proposed abandonment, a temporary access /utility easement must be provided over the entire abandoned area to keep the access open and accommodate the existing utilities until they are relocated with the redevelopment of the property. This has been added as a condition of approval. When the property is replatted to accommodate the proposed development, new easements for relocated utilities can be provided on the plat or by special instrument if required by the utility companies. REQUIRED FINDINGS Pursuant to LDR Section 2.4.6(M)(5), prior to any right -of -way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right -of -way for any public purpose. Avenue "F" currently provides access to the adjacent properties on both sides of the roadway. If abandoned, the right -of -way will become private property which will allow the development of the new dealership with buildings constructed across the abandoned roadway. A temporary access /utility easement will need to be provided over the abandoned area to insure continued public access and to accommodate the existing utilities in the roadway until the property is redeveloped. Since the adjacent properties will be unified for the new dealership, access to the larger property will be provided from South Federal Highway, Old Dixie Highway and La -mat Avenue. Therefore, Avenue "F" will no longer be needed for access. Access to the existing parking lot not included in the redevelopment will need to be accommodated through a replacement easement or elimination of the driveway connections upon approval of the property owner. Although Avenue "F" provides a vehicular connection between South Federal Highway and Old Dixie Highway, it is not the primary means of travel between these two roadways in the immediate vicinity. This occurs at La- Mat Avenue to the south. The Fire Department reviewed the proposal for potential impacts on emergency response times and has no objection to the abandonment. Since both access and the provision of utilities will be addressed with redevelopment of the adjacent property, there will not be any further public purpose for the existing right -of -way. Therefore, a positive finding can be made, and the request can be supported. B) That the abandonment does not, nor will not, prevent access to a lot of record. As stated above, while Avenue "F" does provide access to the adjacent properties north and south of the roadway, this access will not be needed upon redevelopment. Access to the existing parking lot not included in the redevelopment will need to be accommodated through a replacement easement or elimination of the driveway connections upon approval of the property owner. It is also noted that since this parking lot also has connections to Old Dixie Highway and La -mat Avenue, the abandonment will not prevent the only means of access to the property. Based on the above, a positive finding can be made. C) That the abandonment will not result in detriment to the provision of access and /or utility services to adjacent properties or the general area. As stated above, access and utilities will be provided with the proposed redevelopment of the adjacent property for a new Honda automobile dealership. The existing roadway is primarily used for access to the adjacent properties and is not a major connection between South Federal Highway and Old Dixie Highway. Since the abandonment will not have an Planning and Zoning Board Meeting of July 15, 2013 Abandonment of Portion of Avenue "F" (aka Fladell Way) Page 3 impact on the provision of access or utility services to the adjacent properties or the general area, a positive finding can be made. REVIEW BY OTHERS Development Services Management Group (DSMG): On March 3, 2013, the DSMG reviewed the request and was generally supportive of the abandonments, provided utility relocations would be accommodated for the redevelopment. Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Pelican Harbor • Tropic Harbor • Tropic Isles Civic Association • Tropic Bay • Tropic Palms Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property and a notice was posted in the newspaper. The Planning Department has not received any letters of opposition to the abandonment. Additional letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT Although the existing roadway provides a vehicular connection between South Federal Highway and Old Dixie Highway, it is not the primary means of travel between these two roadways in the immediate vicinity. This occurs at La -Mat Avenue to the south. If abandoned, the roadway will become private property which will allow the development of the new automobile dealership with buildings constructed across the abandoned roadway. A temporary access /utility easement will need to be provided over the abandoned area to insure continued public access and to accommodate the existing utilities in the roadway until the property is redeveloped. Since the adjacent properties will be unified for the new dealership, access to the larger property will be provided from South Federal Highway, Old Dixie Highway and La -mat Avenue. Therefore, Avenue "F" will no longer be needed for access. Access to the existing parking lot not included in the redevelopment will need to be accommodated through a replacement easement or elimination of the driveway connections upon approval of the property owner. With both access and the provision of utilities addressed, there is no further public purpose for the existing right - of -way. Therefore, a positive finding can be made with respect to LDR Section 2.4.6(M)(5) and the request can be supported. Since the abandonment is associated with a development proposal which may or may not be approved /constructed, provisions must be made as part of the abandonment approval to return the right -of -way to the public if the redevelopment project is not constructed. A reverter clause will be added to the abandonment resolution to accomplish this and this requirement has been added as a condition of approval. Planning and Zoning Board Meeting of July 15, 2013 Abandonment of Portion of Avenue "F" (aka Fladell Way) Page 4 ALTERNATIVE ACTIONS 1. Continue with direction. 2. Move a recommendation of approval of the request for the abandonment of Avenue "F ", (aka Fladell Way) located between South Federal Highway and Old Dixie Highway, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations. 3. Move a recommendation of denial of the request for abandonment of Avenue "F ", (aka Fladell Way) located between South Federal Highway and Old Dixie Highway, 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 that the required findings of LDR Section 2.4.6(M)(5) cannot be made. RECOMMENDED ACTION Move a recommendation of approval of the request for the abandonment of Avenue "F ", (aka Fladell Way) located between South Federal Highway and Old Dixie Highway, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations, subject to the following conditions: 1. That a temporary access /utility easement be provided over the existing roadway prior to the abandonment. 2. That the replat for the property provide a permanent access easement over the west portion of the roadway to provide access to the existing parking lot on Old Dixie Highway or that the owner of that parking lot property agree to eliminate access to the roadway. 3. That a reverter clause be included in the abandonment resolution to return the right -of- way to the public if the redevelopment project is not constructed. 4. That the location of all existing water mains and sanitary sewer mains be clearly indicated on the survey. Please include location of existing valves, fire hydrants, and sanitary sewer manholes within 20 -feet of the boundaries of area to be abandoned, as access to these facilities will need to be provided and /or determined. Based on location of these existing water and sewer lines, an exclusive easement or utility relocation may be required. Attachments: Location Map Aerial Sketch and Legal of Abandonment Area Q _0 LiI Q 0 Q L- 0 Z AVENUE F AVENUE F 0 _W AVENUE Q X w G AVENUE G o M �A -MAT A VENUE z LA -MAT I u J E O w 0 LLJ AVENUE H -- N ABANDONMENT ROAD ABANDONMENT DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1365_Delray Beach Fairfield Inn — Alleyway Abandonment AREA PLANNING AND ZONING � AVENUE "F" (AKA FLADELL WAY) DEPARTMENT LOCATION MAP 41 R 4pr CL CA LL IY. ii f Q1 SKETCH OF DESCRIPTION EXHIBIT 'A " SHEET I OF I 0 N I I I W J PLAT OF AIDEN (PLAT BOOK 29, PAGE 211) Q z 693.00' z " 0 L A VENUE F c) Q (POSTED FLANDELL WAY) Lo Lo ° o 0) 693.00' -Q 69J.00-' � L 0 T 2, MORSE- BLOCK 14, DEL -RA TON PARK LAMA T PLA T (PLAT BOOK 14, PAGES 9 -10) (PLA T BOOK 112, PAGES 139 -141) DESCRIPTION.' NOTES THA T PORTION OF A VENUE F (POSTED AS THIS IS NOT A SURVEY FLANDELL WA Y) L PING WEST OF THE WEST RIGHT OF WA Y LINE OF U.S. HIGHWA Y NO. 1 AND EAST OF THE EAST RIGHT OF WA Y LINE OF OLD DIXIE HIGH WA Y AS SHOWN ON THE PLA T OF DEL -RA TON PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 34,650 SQUARE FEET MORE OR LESS PAUL D. ENGLE SURVEYOR & MAPPER NO 5708 DA TE.• MA Y 30, 2013 ORDER NO. 01- 133';4 VENUE F" E.' AVENUE F SKETCH -- 0610512013 -- 11:05 AM -- Scale 1: 360.000000 H w 1- rti+ovav3mrs O a 4�� cmbna Tpg Nb3 jz zwh Q m $�go �''ty+v�bbbiJ osntie awio waao�'� � $� aN�bMH�ar � p�p W �'OZ � 4 m�o� 'a bbMh 3x0 Ug °g �sce 5 ma py W O 0 Y °s� ryc Y o Rw w��z�� w ,KA H w g g� Rugg HOUR om GBG2is YW� B� ls� ova acc< n �°�� ' �s�v� °vi i✓� � sg a Arvss � � a o � o�Q a o C ° QYf del g� N� j ag�mgqory o�s o pFm4d 3 �ve'rrsu eaol err a L(isc� sro) C0°0' � a isv3 pia an♦ <rm .o ucm ivu�rews rvnr as g erir d ^LVm 8g .(YMHJlH 3 /XlO 070 Ob'ON�H2l �'3'� PLANNING AND ZONING BOARD CITY OF DELRAY BEACH - -- STAFF REPORT - -- MEETING July 15, 2013 DATE: ITEM: VII. E. Abandonment of the road right -of -way for Avenue "G" (aka Transportation Lane), located west of South Federal Highway. GENERAL DATA: Applicant..... ............................... Property Owner of Adjacent Properties.. Agent.......... ............................... Location ..................................... Property Size ............................. Future Land Use Map ................ Current Zoning ........................... Adjacent Zoning ................North East South West Existing Land Use ...................... Proposed Land Use ................... Van Tuyl Group Morse Operations Inc. Weiner, Lynne & Thompson, P.A, 50 feet wide by 428 feet long improved road right -of -way, located west of South Federal Highway. 0.49 acres (21,400 sq. ft.) GC (General Commercial) AC (Automotive Commercial) AC (Automotive Commercial) SAD (Special Activities District AC (Automotive Commercial) AC (Automotive Commercial) Improved Roadway (Public) Auto Dealership M x U VII. E. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of the road right -of -way for Avenue "G" (aka Transportation Lane), located west of South Federal Highway. This right -of -way abandonment is being processed pursuant to LDR Section 2.4.6(M), Abandonment of Rights -of -Way. BACKGROUND The road right -of -way for Avenue "G" was dedicated by the plat for Del Raton Park (PB 14, Pages 9 and 10). The abandonment is to accommodate redevelopment of the adjacent properties for a proposed Honda automobile dealership. The abandonment is in concert with the abandonment of Avenue "F" (aka Fladell Way), which is also being considered at this meeting. Since the proposed dealership includes properties on both sides of these roadways, the abandonment will allow for buildings to be constructed across the road rights -of -way. ABANDONMENT DESCRIPTION The subject road right -of -way to be abandoned is 50 feet wide by 428 feet long and is located west of South Federal Highway. ABANDONMENT ANALYSIS Pursuant to LDR Section 2.4.6(M)(1), public right -of -way may be abandoned (returned) to the fee description of adjacent property to the same degree in which it was originally obtained (i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels.) As previously stated, the subject road right -of way was dedicated by plat. The owners of the adjacent property to north and south of the right -of -way are entitled to the abandoned area. The roadway contains existing utilities and provides access to the adjacent properties. With the proposed abandonment, a temporary access /utility easement must be provided over the entire abandoned area to keep the access open and accommodate the existing utilities until they are relocated with the redevelopment of the property. This has been added as a condition of approval. When the property is replatted to accommodate the proposed development, new easements for relocated utilities can be provided on the plat or by special instrument if required by the utility companies. The City's Environmental Services Department (ESD) has reviewed the request and has no issues with the abandonment provided all existing and proposed utilities are accommodated within easements. Existing utilities within the road right -of -way only service those properties included within the proposed dealership, with the exception of FPL lines which provide power to the lights in the existing parking lot to the west. Since easements will be retained over existing utilities or provided over relocated utilities, service from the utility providers (i.e. Florida Public Utilities, AT &T, Comcast, FPL, and the City, for water and sewer) to the new development will be accommodated. Planning and Zoning Board Meeting of July 15, 2013 Abandonment of Portion of Avenue "G" (aka Transportation Lane) Page 2 REQUIRED FINDINGS Pursuant to LDR Section 2.4.6(M)(5), prior to any right -of -way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right -of -way for any public purpose. Avenue "G" is a dead end roadway which only provides access to the adjacent properties on both sides of the roadway. If abandoned, the right -of -way will become private property which will allow the development of the new dealership with buildings constructed across the abandoned roadway. A temporary access /utility easement will need to be provided over the abandoned area to insure continued public access and to accommodate the existing utilities in the roadway until the property is redeveloped. Since the adjacent properties will be unified for the new dealership, access to the larger property will be provided from South Federal Highway, Old Dixie Highway and La -mat Avenue. Therefore, Avenue "G" will no longer be needed for access. The Fire Department reviewed the proposal for potential impacts on emergency response times and has no objection to the abandonment. Since both access and the provision of utilities will be addressed with redevelopment of the adjacent property, there will be no further public purpose for the existing right -of -way. Therefore, a positive finding can be made, and the request can be supported. B) That the abandonment does not, nor will not, prevent access to a lot of record. As stated above, while Avenue "G" currently provides access to the adjacent properties north and south of the roadway, this access will not be needed upon redevelopment of the adjacent property. Based on the above, a positive finding can be made. C) That the abandonment will not result in detriment to the provision of access and /or utility services to adjacent properties or the general area. As stated above, access and utilities will be provided with the proposed redevelopment of the adjacent property for a new Honda automobile dealership. The existing dead end roadway is only used for access to the adjacent properties. Since the abandonment will not have an impact on the provision of access or utility services (with the provision of replacement easements) to the adjacent properties or the general area, a positive finding can be made. REVIEW BY OTHERS Development Services Management Group (DSMG): On March 3, 2013, the DSMG reviewed the request and was generally supportive of the abandonments, provided utility relocations would be accommodated for the redevelopment. Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Pelican Harbor • Tropic Harbor • Tropic Isles Civic Association Planning and Zoning Board Meeting of July 15, 2013 Abandonment of Portion of Avenue "G" (aka Transportation Lane) Page 3 Tropic Bay • Tropic Palms Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property and a notice was posted in the newspaper. The Planning Department has not received any letters of opposition to the abandonment. Additional letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT If abandoned, the roadway will become private property which will allow the development of the new automobile dealership with buildings constructed across the abandoned roadway. A temporary access /utility easement will need to be provided over the abandoned area to insure continued public access and to accommodate the existing utilities in the roadway until the property is redeveloped. Since the adjacent properties will be unified for the new dealership, access to the larger property will be provided from South Federal Highway, Old Dixie Highway and La -mat Avenue. Therefore, Avenue "G" will no longer be needed for access. With both access and the provision of utilities addressed, there is no further public purpose for the existing right -of -way. Therefore, a positive finding can be made with respect to LDR Section 2.4.6(M)(5) and the request can be supported. Since the abandonment is associated with a development proposal which may or may not be approved /constructed, provisions must be made as part of the abandonment approval to return the right -of -way to the public if the redevelopment project is not constructed. A reverter clause will be added to the abandonment resolution to accomplish this and this requirement has been added as a condition of approval. ALTERNATIVE ACTIONS 1. Continue with direction. 2. Move a recommendation of approval of the request for the abandonment of Avenue "G ", (aka Transportation Lane), located west of South Federal Highway, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations. 3. Move a recommendation of denial of the request for abandonment of Avenue "G ", (aka Transportation Lane), located west of South Federal Highway, 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 that the required findings of LDR Section 2.4.6(M)(5) cannot be made. RECOMMENDED ACTION Move a recommendation of approval of the request for the abandonment of Avenue "G ", (aka Transportation Lane), located west of South Federal Highway, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations, subject to the following conditions: Planning and Zoning Board Meeting of July 15, 2013 Abandonment of Portion of Avenue "G" (aka Transportation Lane) Page 4 1. That a temporary access /utility easement be provided over the existing roadway prior to the abandonment. 2. That a reverter clause be included in the abandonment resolution to return the right -of- way to the public if the redevelopment project is not constructed. 3. That the location of all existing water mains and sanitary sewer mains be clearly indicated on the survey. Please include location of existing valves, fire hydrants, and sanitary sewer manholes within 20 -feet of the boundaries of area to be abandoned, as access to these facilities will need to be provided and /or determined. Based on location of these existing water and sewer lines, an exclusive easement or utility relocation may be required. Attachments: Location Map Aerial Sketch and Legal of Abandonment Area Z AREA C� �� PLANNING AND ZONING Z AVENUE —G O LOCATION MAP z AVENUE = F c� AVENUE F _W A VEN U LL _X A VENUE G LA —MAT AVENUE LA —MA T J O = O AVENUE H Z J Q Lu Lu L,_ N STREET ABANDONMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1365_Delray Beach Fairfield Inn — Alleyway Abandonment AREA �� PLANNING AND ZONING � AVENUE —G DEPARTMENT LOCATION MAP 41 R 4pr CL CA LL IY. ii f Q1 THA T PORTION OF A VENUE G (POSTED AS TRANSPORTA TION LANE) L PING WEST OF THE WEST RIGHT OF WAY LINE OF US. HIGHWAY NO. 1 AND EAST OF LOT 2, MORSE -LAMA T PLA T, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 112, PAGES 139 -141, RIGHT OF WAY AS SHOWN ON THE PLA T OF DEL -RA TON PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, ALL BEING IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 23,540 SQUARE FEET MORE OR LESS ORDER NO. 01- 133';4 VENUE G" z J O c90o W THIS IS NOT A SURVEY PAUL D. ENGLE SURVEYOR & MAPPER NO 5708 DA TE.• MA Y 30, 2013 E.'IAVENUE G SKETCH -- 0610512013 -- 77:06 AM -- Scale 1: 360.000000 SKETCH OF DESCRIPTION EXHIBIT 'A " SHEET I OF I 0 N I I I W J U BLOCK 14, DEL -RA TON PARK Q (PLA T BOOK 14, PAGES 9 -10) 428.00' Q N `900 Q oQ �O A VENUE G W '� (POSTED TRANSPORTA TION LANE) J W 428.00 � N Q) L 0 T I MORSE -LAMA T PLA T J (PLA T BOOK 112, PAGES 139 -141) DESCRIPTION- NOTES THA T PORTION OF A VENUE G (POSTED AS TRANSPORTA TION LANE) L PING WEST OF THE WEST RIGHT OF WAY LINE OF US. HIGHWAY NO. 1 AND EAST OF LOT 2, MORSE -LAMA T PLA T, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 112, PAGES 139 -141, RIGHT OF WAY AS SHOWN ON THE PLA T OF DEL -RA TON PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, ALL BEING IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 23,540 SQUARE FEET MORE OR LESS ORDER NO. 01- 133';4 VENUE G" z J O c90o W THIS IS NOT A SURVEY PAUL D. ENGLE SURVEYOR & MAPPER NO 5708 DA TE.• MA Y 30, 2013 E.'IAVENUE G SKETCH -- 0610512013 -- 77:06 AM -- Scale 1: 360.000000 m -EEEEK+B Id H -I -H OH02f 31 HIS OUH�3YX�7Vb'370 h0/1 V (?VV7 I 7 OWN 9 �3 -"� v H'H/#J/i s� Jli ¢ CL. Q ti 2� ti ASZ AHMH9/H 3 /Xp O� V ¢ (ej g O " / 96 31 H1SN31N 03A Yd ONn OBHIHON 03A Vd ONn OHH1 OS W nm d._ e 3J7 55310V dV'1'1]H3A N.1V 0.- , Smv,'a HHJ9 U 1 V l7 1 VnV7 -3SWPV Z 107 N W4 w �d o C�l T8 aLn ca a a�� g CL p O � a 4 4I ¢ ° O M � � J W m QC O ¢ a R O OH Q Id I bi .OSZ ASZ o • J g al o� I Q o An o Lu ffiQ� 18 It o s^ z .7p e — It I oW mil 3 It A n i "1z � .OSZ 45Z .01 R cz yy 8 i Al d (SZ4 M. ZZZD 83n)V YMm'� E E lm 2 e 3J7 55310V dV'1'1]H3A N.1V 0.- , Smv,'a HHJ9 U 1 V l7 1 VnV7 -3SWPV Z 107 N W4 w �d o C�l T8 aLn ca a a�� g CL p O � a 4 4I ¢ ° O M � � J W m QC O ¢ a R O OH Q MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, LEED (GA), Director Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: August 23, 2013 SUBJECT: AGENDA ITEM 8.A.1 - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 TEMPORARY ACCESS /UTILITY EASEMENT AGREEMENT FOR MORSE OPERATIONS, INC. ITEM BEFORE COMMISSION The item before the Commission is acceptance of a "Temporary Access/Utility Easement Agreement" which will be provided over the abandoned rights -of -way for Avenue "F" (a/k/a Fladell Way) and Avenue "G" (a/k/a Transportation Lane). BACKGROUND This agreement is in concert with the abandonment of these rights -of -way, which is also being considered at this meeting (Resolution No. 35 -13). The abandonment is to accommodate redevelopment of the adjacent properties for a proposed Honda automobile dealership. Since the proposed dealership includes properties on both sides of these roadways, the abandonment will allow for buildings to be constructed across the road rights -of -way. The roadways contain existing utilities and provide access to the adjacent properties. Under the agreement, a temporary access /utility easement will remain in force over the entire abandoned areas to keep the access open and accommodate existing utilities until they are relocated with the redevelopment of the property. When the property is replatted to accommodate the proposed development, new easements for relocated utilities will be provided on the plat or by special instrument if required by the utility companies. The Agreement will automatically terminate upon the occurrence of either: (a) the issuance of a letter by the City Engineer providing that all utilities located within the rights -of -way of Avenue "F" and Avenue "G" have been removed (said letter will not be issued until approved documentation, as determined by the City Engineer, has been submitted from each utility company indicating that its utilities have been removed); or (b) failure of the Project to be "substantially completed" within two (2) years of the adoption of Resolution 35 -13, approving the abandonment of Avenue "F" and the abandonment of Avenue "G ", respectively, upon which failure the City has elected to cause Avenue "F" and Avenue "G" to revert back to the City as set forth in Resolution 35 -13. For purposes of this Agreement, the term "substantially completed" shall have the same meaning as set forth in the City of Delray Beach Land Development Regulation Section 2.4.4(D), `Establishment of Project." RECOMMENDATION By motion, accept the "Temporary Access/Utility Easement Agreement ". Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 TEMPORARY ACCESS /UTILITY EASEMENT AGREEMENT THIS TEMPORARY ACCESS /UTILITY EASEMENT AGREEMENT (the "Agreement "), made this day of 2013, by and between MORSE OPERATIONS, INC., a Florida corporation, with a mailing address of 2850 South Federal Highway, Delray Beach, Florida 33483, ( "OWNER "), 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, ("CITY"): RECITALS: WHEREAS, OWNER is the fee simple owner of land within the CITY as more specifically set forth in the legal description attached hereto as Exhibit "A" (the "Property "); and WHEREAS, OWNER has entered into an agreement to sell the Property to DBVT Development, LLC, a Florida limited liability company, for the relocation and redevelopment of the Delray Honda dealership on the Property (the "Project "); and WHEREAS, OWNER has obtained approval from CITY via Resolution 35 -13 to abandon the existing rights -of -way known as Avenue "F" (aka "Fladell Way ") as more fully described in the sketch attached hereto as Exhibit `B" and Avenue "G" (aka "Transportation Lane ") as more fully described in the sketch attached hereto as Exhibit "C" in order to allow DBVT Development, LLC to develop the Project; and WHEREAS, DBVT Development, LLC intends to remove and /or relocate the existing utilities within the rights -of -way of Avenue "F" and Avenue "G" in order to develop the Project; and WHEREAS, OWNER intends to forever convey to DBVT Development, LLC by separate legal instrument any and all legal and equitable interests which OWNER may obtain as a result of the abandonment of Avenue "F" and Avenue "G" to DBVT Development, LLC; and WHEREAS, OWNER intends to maintain ownership of the real property adjacent to Avenue "F" with an address of 2700 S. Federal Highway, Delray Beach, Florida /Parcel Control Number 12 -43- 46-29-49- 000 -0020, as depicted on a map from the Palm Beach County Property Appraiser's Office, attached hereto as Exhibit "D" (the "Retained Parcel "); and WHEREAS, OWNER, by execution of this Agreement, has elected to relinquish any and all legal and equitable interests OWNER may have in existing access points between the Retained Parcel and Avenue "F "; and WHEREAS, DBVT Development, LLC intends to dedicate via plat new utility easement locations to serve the Project; and Access Easement Agreement Page 2 of 8 WHEREAS, as a condition of CITY's approval of Resolution 35 -13, CITY has required OWNER to enter into this Agreement; and WHEREAS, CITY agrees this Agreement shall automatically terminate at such time as a letter has been issued by the City Engineer indicating that all of the utilities located within the right -of -ways of Avenue "F" and Avenue "G" have been removed. NOW THEREFORE, in consideration of $10.00 and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. OWNER hereby adopts and reaffirms the Recitals set forth above as if each were set forth below and makes same a part of this Agreement. 2. OWNER hereby grants to CITY a non - exclusive easement for ingress and egress to enter upon, across, over and under the property described in Exhibit "B" and Exhibit "C ", attached hereto, ( "the Easement Property ") for the purpose of access as well as the repair and maintenance of any utilities set forth therein. The parties hereby agree that the OWNER shall be responsible for the maintenance, replacement and repair of the Easement Property herein until termination occurs as set forth in Paragraph 4. 3. The parties agree that this Agreement shall be recorded in the Public Records of Palm Beach County, Florida. The rights and obligations granted herein shall not be transferred, assigned, sold or otherwise conveyed except in conjunction with the transfer or sale of the Property described in Exhibit "A ". 4. This Agreement shall automatically terminate upon the occurrence of either: (a) the issuance of a letter by the City Engineer providing that all utilities located within the rights -of -way of Avenue "F" and Avenue "G" have been removed (said letter will not be issued until approved documentation, as determined by the City Engineer, has been submitted from each utility company indicating that its utilities have been removed); or (b) failure of the Project to be "substantially completed" within two (2) years of the adoption of Resolution 35 -13, approving the abandonment of Avenue "F" and the abandonment of Avenue "G ", respectively, upon which failure the City has elected to cause Avenue "F" and Avenue "G" to revert back to the City as set forth in Resolution 35 -13. For purposes of this Agreement, the term "substantially completed" shall have the same meaning as set forth in the City of Delray Beach Land Development Regulation Section 2.4.4(D), "Establishment of Project." hl the event the rights -of -way revert back to the City, they shall be in substantially the same form as they currently exist. The OWNER shall provide a bond to the CITY in an amount as determined by the City Engineer to cover the expense of re- constructing the rights -of -way if they revert back to the CITY. Such bond shall be delivered to the CITY prior to the granting of any permits for demolition or construction that would impact the rights -of -way and shall be returned to OWNER upon the substantial completion of the project. Access Easement Agreement Page 3 of 8 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 MORSE OPERATIONS, INC., in the presence of ME (Name printed or typed) (Name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH Edward J. Morse, Jr., President The foregoing instrument was acknowledged before me this day of , 2013 by Edward J. Morse, Jr. as President of MORSE OPERATIONS, INC., who is personally known to me or who has produced as identification. ATTEST: City Clerk Approved as to Form: City Attorney Signature of Notary Public — State of Florida CITY OF DELRAY BEACH, FLORIDA ma CARY GLICKSTEIN, MAYOR EXHIBIT "A" LEGAL DESCRIPTION (THE PROPERTY) Parcel 1: A parcel of land in Palm Beach County, Florida, being a part of the plat of DEL -RATON PARK, according to the Plat thereof, as recorded in Plat Book 14, Pages 9 and 10, of the Public Records of Palm Beach County, Florida and being described as follows: Lots 28, 29, 30, 31 and 32, Less the East 2.00 feet thereof, Block 14, DEL -RATON PARK; Lots 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43 and 44, Block 14, DEL -RATON PARK, together with that portion of the 10 foot alley right -of -way bounded on the West by Lot 33 and on the East by Lots 28 through 32 inclusive; on the North by Avenue "F" and on the South by an abandoned alley, Block 14, DEL -RATON PARK, according to the Plat thereof as recorded in Plat Book 14, Page 9, of the Public Records of Palm Beach County, Florida as abandoned by Resolution No. R -83 -1539 recorded in Official Records Book 4111, Page 836 and together with any and all rights to that certain 10 foot service alley abandoned by Palm Beach, County, as more fully described in that certain Palm Beach County Resolution No. R -84 -392, recorded April 26, 1984, in Official Records Book 4222, Page 1625, of the Public Records of Palm Beach County, Florida. Parcel 2 Lots 11 through 16 inclusive, Block 14, DEL -RATON PARK, according to the Plat thereof on file in the office of the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 14, Page 9, Less the Southernmost five feet thereof, together with any and all rights to that certain 10 foot service alley abandoned by Palm Beach County as more fully described in that certain Palm Beach County Resolution No. R -84 -392, recorded April 26, 1984, in Official Records Book 4222, Page 1625, of the Public Records of Palm Beach County, Florida. Parcel 3: Lots 23 through 27, inclusive, less the East 2 feet and less the Southernmost 5 feet of Lot 23 and Lots 17 through 22, inclusive, Less the Southernmost 5 feet, all in Block 14, DEL -RATON PARK, according to the Plat thereof, as recorded in Plat Book 14, Pages 9 and 10, of the Public Records of Palm Beach County, Florida, together with any and all rights to that certain 10 foot service alley abandoned by Palm Beach County, as more fully described in that certain Palm Beach County Resolution No. R -83 -1538, recorded December 16, 1983 in Official Records Book 4111, Page 839, of the Public Records of Palm Beach County, Florida. Parcel 4: PLAT OF AIDEN, LESS the West 50 feet thereof (marked as Additional Right -of -Way for Old Dixie Highway) and LESS the South 25 feet of the East 65 feet of the West 115 feet thereof, according to the plat thereof, as recorded in Plat Book 29, Page 211, of the Public Records of Palm Beach County, Florida. ALSO LESS and EXCEPT that portion thereof deeded to the City of Delray Beach, Florida by Right -of -Way Deeds recorded in Official Records Book 17134, Page 1024 and Official Records Book 17134, Page 1033, Public Records of Palm Beach County, Florida, described as follows: A portion of the PLAT OF AIDEN, according to the Plat thereof, as recorded in Plat Book 29, Page 211, Public Records of Palm Beach County, Florida, being more particularly described as follows: Commence at the Southwest corner of said PLAT OF AIDEN; thence North 90 degrees 00'00" East, on an assumed bearing along the South line of said Plat, a distance of 76.00 feet to the Point of Beginning; thence continue North 90 degrees 00'00" East, along said South line, a distance of 39.00 feet; thence North 00 degrees 00'00" East, continuing along the boundary of said PLAT OF AIDEN, a distance of 25.00 feet; thence North 90 degrees 00'00" West, a distance of 39.00 feet; thence South 00 degrees 00'00" East, a distance of 25.00 feet to the South line of said Plat and the Point of Beginning. Parcel 5: Intentionally deleted. Parcel 6: Lot 1 of MORSE -LAMAT PLAT recorded in Plat Book 112, Page 139, Public Records of Palm Beach County, Florida. SKETCH OF DESCRIPTION EXHIBIT 'B" SHEET I OF 1 0 N II I �u PLAT OF A IDEN (PLA T BOOK 29, PAGE 211) Q z 693.00' Qij f= >' 19 °0 Q) Q) A VENUE F Ooh (POSTED FLADELL WAY) Q �L 43 3.00' ° °? O 69 � LOT 2, MORSE— BLOCK 74, DEL —RA TON PARK LAMA T PLAT (PLAT BOOK 14, PAGES 9 -10) (PLAT BOOK 112, PAGES 139 -141) DESCRIPTION. NOTES- THA T PORTION OF A VENUE F (POSTED AS THIS IS NOT A SURVEY FLANDELL WA Y) L PING WEST OF THE WEST RIGHT OF WAY LINE OF U.S HIGHWAY NO. 1 AND EAST OF THE EAST RIGHT OF WA Y LINE OF OLD DIXIE HIGHWA Y AS SHOWN ON THE PLAT OF DEL —RA TON PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 34,650 SQUARE FEET MORE 2� OR LESS. c ( . _, SURVEYOR & MPER NO 5708 DA TE.• MAY 3O, 2013 ORDER NO. 01- 133'A VENUE F" O: VDramngs1GENERAL CADDXGxd%AVENUE F SKETCH — 0812112013 — 12:46 PM — Scale 1, 360.000000 SKETCH OF DESCRIPTION EXHIBIT "C" SHEET 1 OF 1 0 N II I �u J U BLOCK 14, DEL -RA TON PARK Q (PLAT BOOK 14, PAGES 9 -10) 428.00' Q Q i Olt O N 0 -__J N � w �o oQ z J ti co W % 00 DESCRIPTION.• A VENUE G (POSTED TRANSPORTATION LANE) 428.00' 0 _Qoo LOT 1 MORSE -LAMA T PLAT (PLAT BOOK 112, PAGES 139 -141) THAT PORTION OF AVENUE G (POSTED AS TRANSPORTATION LANE) LYING WEST OF THE WEST RIGHT OF WAY LINE OF U.S HIGHWAY NO. 1 AND EAST OF LOT 2, MORSE -LAMA T PLA T, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 112, PAGES 139 -141, RIGHT OF WAY AS SHOWN ON THE PLAT OF DEL -RA TON PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, ALL BEING IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 23,540 SQUARE FEET MORE OR LESS. ORDER NO. 01- 133 "AVENUE G" NOTES.• THIS IS NOT A SURVEY PAUL D. ENGLE : SURVEYOR & MA DA TE MA Y 30, 2013 0:0rawingslGENEPAL CADD1GxdV1 VENUE K SKETCH -- 0812112013 — 12:47 PM -- Scale 1, 360.000000 w� zo J o� cz, C7 W vJ NO. 5708 5 EXHIBIT "D" MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Rafael Ballestero, Deputy Director of Construction Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: August 14, 2013 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 CONTRACT CLOSEOUT (CHANGE ORDER N0.1 /FINAL) /C0ASTAL CONTRACTING & DEVELOPMENT, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 1 /Final) in the net deduct amount of ($51,396.59) and a final payment amount of $62,521.73 to Coastal Contracting & Development, Inc. for completion of the Atlantic Avenue Gateway Art Feature Project #2009 -041. BACKGROUND On May 1, 2012, Commission approved a contract award to Coastal Contracting & Development, Inc. in the amount of $1,182,842.00. The project consists of the construction of sidewalks, landscaped berms, trellises, and a series of six (6) columns with artistic designs representing Delray's cultural heritage; a "Gateway" feature at West Atlantic Avenue and I -95. To date, the following changes have been approved from the contract's Undefined General Allowance: . $530.25 for adjustments to the irrigation pump controls; required to reduce the wear on the system by providing a softer start for the pumps. Environmental Services Director approved, July 31, 2012. . $629.62 for root pruning and root barrier adjacent to a Royal Poinciana Tree; to allow the installation of the proposed sidewalk close to the tree and also to save the tree. Finance Director approved, August 16, 2012. . $4,824.14 for the extension of the irrigation wires to combine the old irrigation system with the new system; and the cost of an additional 300 yards of fill material. Finance Director approved, November 5, 2012. . $12,183.56 for additional scope of work associated with connecting the electrical panels to the FPL service points. City Commission approved, January 15, 2013. This project is funded by the Community Redevelopment Agency (CRA) in conjunction with an FDOT award of a Keep Palm Beach County Beautiful Grant for landscaping. Change Order No. 1 includes plus and minus quantity adjustments, liquidated damages and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A ". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #683227 to funding account #334 - 3162 -541 -68.09 (General Construction Fund/Other Improvement /Atl. Ave. Gateway Feature). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 1 /Final) in the net deduct amount of ($51,396.59) and a final payment amount of $62,521.73 to Coastal Contracting & Development, Inc. for completion of the Atlantic Avenue Gateway Art Feature Project. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1/ Final (Contract Closeout) PR03ECT NO. 2009 -041 DATE: PROJECT TITLE: AtI. Gateway Art Feature TO CONTRACTOR: Coastal Contracting & Development, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION; Complete changes to project per the attached Schedule "A ". SUMMARY OF CONTRACT AMOUNT /CHANGES ORIGINAL CONTRACT AMOUNT $ I ,1.82, 842.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER S1, 182,842.00 COST OF CONSTRUCTION CHANGES THIS ORDER ($ 51,396.59) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER S1, 131,445.41 PERCENT DECREASE THIS CHANGE ORDER - 4.34% TOTAL PERCENT DECREASE TO DATE -4.34% 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. Coastal Contracting & Development, Inc. (Contractor to sign & seal) TO BE PILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: NIA DEPARTMENT FUNDING CERTIFIED BY 1XVA1 OVI&INHE APPROVED: Environmental Services City Attorney DELRAY BEACH, FLORIDA By: Mayor ATTEST: By: City Clerk 5,1EagAdminlFrojects12009 ' 2009- 04t10FF1CLAL1C0 L Final Coastal Contramag ATL Gateway fit Feature GC 090313 _docx SCHEDULE "A" TO CHANGE ORDER NO. 1 / FINAL (CONTRACT CLOSEOUT) COASTAL CONTRACTING & DEVELOPMENT, INC. ATL GATEWAY ART FEATURE - PROJECT NUMBER 2009 -041 ITEM NO DESCRIPTION UNIT CONTRACT AWARD CONTRACT TO DATE EST. QTY. UNIT PRICE TOTAL ACTUA L QTY. UNIT PRICE EXTENDED TOTAL PRICE QUANT ADJ. +! - 1 Mainienanoe of Traffic LS 1 $ 9,895.00 $ 9,695.00 1 $ 9,895.00 $ 9,895.00 $ 1a Bond LS 1 $ 105.00 $ 105.00 1 $ 105.00 $ 105.00 3 2 Mobilization /Demobilization LS 1 $ 19,700.00 $ 19,700.00 1 $ 19,700.00 $ 19,700.06 S 2a Bond LS 1 $ 300.00 $ 300.00 1 $ 300.00 $ 300.00 $ 3 Clearin & Grubbin LS 1 $ 29,550.00 $ 29,550.00 1 $ 29,550.00 $ 29,550.00 S 3a Bond LS 1 $ 450.00 $ 450.00 1 $ 450.00 $ 450.00 $ 4 Replace Existing Cobra Head St. Light EA 1 $ 3,850.00 $ 3,850.00 1 $ 3,850.00 $ 3,850.00 $ 4a Bond EA 1 $ 150.00 $ 150.00 1 $ 150.00 $ 150,00 $ 4b General Conditions EA 6 $ 1,000.00 $ 6,000.00 6 $ 1,000.00 $ 6,000.00 $ 5 Icon Sculptures - $561,000.00 5a Bond FA 1 $ 8,415.06 $ 8,415.06 1 $ 8,415.06 $ 8,415.06 5 5b Concrete Work EA 6 $ 5,167.07 $ 37,002.42 6 $ 6,167.07 $ 37,002.42 $ 5c Shop, Drawings EA 6 $ 6,000.00 $ 36.000.00 6 $ 6,000.00 ! $ 36,000.00 S 5d Structural En ineedn EA 6 $ 850,00 $ 5,100.00 6 $ 850.00 $ 5,100.00 $ 5e Custom Pol carbonate races EA 6 $ 26,900.00 $ 161,400.00 5,6467 $ 26,900.00 $ 151,896.34 $ 9,503.66 5f Fabrication EA 6 $ 32,730,42 $ 196.382.52 6 $ 32,730.42 $ 196,382.52 $ 5g Llectrical EA 6 . $ 5,750.00 $ 34.500.00 6 $ 5,750.00 $ 34,500,00 5 5h Shipping EA (5 $ 2.700.00 $ 16,200.00 6 $ 2,700.00 $ 16,200.00 S 5i Steel EA 6 $ 8,200 DO $ 49.200.00 6 1 $ 8,200.00 $ 49,200.00 $ 5' Installation of Element EA 6 $ 2.800.00 $ 16,800.00 6 $ 2,800.00 $ 16,800.00 $ 6 Cable Trellis - $52,000.00 6a Cable Trellis EA 4 $ 15,000.00 $ 60,000.00 4 $ 15,000.00 $ 60,000.00 S 6b Bond EA 1 $ 1,380.00 $ 1,380.00 1 $ 1,380.00 $ 1,380.00 $ 6c Concrete Bases EA 16 $ 1,913.75 S 30,620.00 16 $ 1,913.75 $ 30,620.00 $ 7 Fence -Like Sculpture - $80,000.00 7a Fence Like Sculpture EA 4 $ 10;900.00 $ 43,600.00 4 1 $ 10,900.00 $ 43,600.00 5 7b Bond EA 1 $ 1,200.00 $ 1,200.00 1 $ 1,200.00 $ 1,200.00 S 7c Concrete Work for Fence Scui ture EA 4 $ 6,80100 $ 35,200.00 4 $ 8,800.00 $ 35,200.00 3 8 Concrete Sidewalk Construction LF 1 1,440 $ 19.70 $ 28,368.00 1,370 $ 19.70 $ 26,989.00 1,379.00) 8a Bond LS 1 $ 43100 $ 432.00 1 $ 43200 $ 432.00 3 9 Lighting & Electrical - $130,000.00 9a Bond LS 1 $ 1950.00 $ 1.950.00 1 $ 1,950.00 $ 1,950.00 3 9b Supervision for Project LS 1 $ 30 000.00 $ 30,000.00 1 $ 30,000.00 $ 30,000.00 $ 9c Switch ear LS 1 $10,120.00 $ 10,120.00 1 $ 10,120.00 $ 10,120.00 S 9d Fixtures LS 1 $57,257.60 $ 57,257.60 1 $ 57,257.60 $ 57,257.60 3 9e Prima Feeders LS 1 $ 3,172.40 S 3,172.40 1 $ 3,172.40 $ 3,172,40 $ 9f Underground LS 1 $ 11 000.00 $ 11,000.00 1 $ 11,000.00 $ 11,000.00 S gg Rou h in LS 1 $ 16 500.00 $ 16,500.00 1 $ 16,500.00 $ 16,500.00 $ 10 1 Landscape Irrigation System - $24,500.00 10a Bond 1 S 387.60 3 387.60 1 3 387.60 $ 387.60 $ 10b Mainline 1 $ 9,395.00 3 9,395.00 1 $ 9,395.00 $ 9,395.00 S 10C Laterals 1 $ 12,123.85 1 3 12,123.85 1 $ 12,123.85 $ 12,123.85 $ 10d Final 1 S 7,593.55 $ 7,593.55 1 S 7,593.55 $ 7.593.55 $ 11 Bougainvillea "Barbara Karst" EA 1 16 $ 33.98 5 543.68 16 3 33.98 $ 543.68 $ 11a Bond 1 $ 8.32 $ 8.32 1 $ 8.32 $ 8.32 $ - 12 Buinesia arborea EA 3 S 212.40 $ 637.20 11 3 212.40 $ 2,336.40 $ 1,699.20 12a Bond 1 $ 70.30 $ 70.80 1 $ 70.80 $ 70.80 $ - 13 Coccoloba uvifera EA 1 S 221.62 $ 221.62 1 $ 221.62 $ 221.62 $ 13a Bond 1 $ 3.38 $ 3.38 1 $ 3.38 $ 3.38 $ 14 Quercus vir iniana EA 6 S 256.10 $ 1,536.60 6 S 256.10 $ 1,536.60 $ 14a Bond 1 $ 23.40 $ 23.40 1 $ 23.40 S 23.40 $ 15 Ro stonia re is EA 15 S 636.31 $ 9,544.65 15 3 636.31 $ 9.544.65 $ 15a Bond 1 $ 145.35 $ 145.35 1 $ 145.35 $ 145.35 $ 16 Sabal Palmetto EA 12 S 183.21 $ 2,198.52 12 S 183.21 $ 2,198.52 $ Page 1 of 3 SCHEDULE "A" TO CEIANGE: ORDER NO. 1 / FINAL (CONTRACT CLOSEOUT) COASTAL CONTRACTING & !DEVELOPMENT, INC. ATL GATEWAY ART FEATURE - PROJECT NUMBER 2009 -041 TOTAL ORIGINAL CONTRACT AWARD $1,182,842.00 $1,139,525.41 $ (43,316.59) Page 2 of 3 CONTRACT AWARD CONTRACT TO DATE ITEM DESCRIPTION UNIT EST. ACTUQ EXTENDED QUANT ADJ. NO, UNIT PRICE TOTAL UNIT PRICE QTY, L QTY. TOTAL PRICE +I- 16a Bond 1 3 33.48 $ 33.48 1 $ 33,48 3 33.46 $ 17 Serenoa Re ens EA 302 $ 29.25 $ 8,833.50 290 $ 29,25 $ 8,482.50 $ (351 AD 17a Bond 1 $ 135.90 $ 135.90 1 $ 135.90 $ 135,90 $ 18 Tecoma starts EA 8 $ 238.37 $ 1,906.96 0 $ 238,37 $ - $ 1,9D6,96 18a Bond 1 $ 29.04 $ 29.04 1 $ 29,04 $ 29.04 $ 19 Hamelia patens EA 240 $ 9.36 $ 2,246.40 240 $ 9,36 $ 2,246.40 $ 19a Bond 1 $ 33.60 $ 3160 1 $ 33,60 $ 33.60 $ 20 Helianthus debillis EA 870 $ 4.92 $ 4,280.40 870 $ 4.92 $ 4,280.40 $ 20a Bond 1 $ 69.60 $ 69.60 1 $ 69,60 $ 69.60 $ 21 Muh€enber is ca illaris EA 610 $ 4.83 S 2,946.30 610 $ 4.83 $ 2,946.30 $ 21a Bond 1 $ 42.70 $ 4270 1 $ 4170 $ 4270 $ 22 Ne hrole is falcata FA 870 $ 9.65 $ 8,395.50 896 $ 9.65 $ 8,646.40 $ 250.90 22a Bond 1 $ 130.50 $ 130.50 1 $ 130.50 $ 130.50 $ 23 Philodendron bi innatifidum FA 148 $ 9.35 $ 1,385.28 148 $ 9.35 $ 1,385.28 $ 23a Bond 1 $ 20.72 $ 2072 1 $ 20.72 $ 20.72 $ 24 Pas alum notatum "Seashore" Solid Sod Sy 2,s85 $ 6.89 $ 17,810.55 2,585 $ 6.89 $ 17,810.65 $ 24a Bond 1 $ 284.35 $ 28425 1 $ 284.35 $ 284.35 $ - 25 Stenota Krum secundatum Solid Sod SY 7,958 $ 2.66 $ 21,194.88 7,914 $ 2.66 $ 21,051.24 $ 143.64 25a Bond 1 $ 318.72 $ 318.72 1 $ 31872 $ 318.72 $ - 26 Fil€ CY 4,250 $ 9.85 $ 41.862.50 4,250 $ 9.85 $ 41,862.50 $ - 26a Bond 1 $ 637.50 $ 637.50 1 $ 637,50 $ 63T50 $ 27 Undefined General Allowance LS 1 $ 50,000.00 $ 50,000 -00 0.3634 $ 50,000.00 $ 18,167.57 $ (31,832.43) Additional cost for adjustments to the irrigation pump controls; required to reduce the wear on the system by providing a softer start for the pumps. $530.25 Appreved by ESQ Director 07/31!12. Additional cast for root pruning and root bawler adjacent to a Royal Poinciana Tree; to allow the instaiiation of the proposed sidewalk close to the - - - - $629.62 - - tree and also save the tree. Approved by Finance Director 08116/12 Additional cost in the amount of $1,869,14 for irrigation scope, for the extension of irrigation wires, to combine the old irrigation system with the new system. And add'!. cost in the amount of $2,955.00 $4,824.14 for an additional 300 yards of fill material at $9,85 per yard. Approved by Finance Director 11/05112. Add'I. cost in the amount of $12,183.56 for additional scope associated with connecting electrical panels to the FPL point of service. The plans indicate where the electrical panels are to be located but do not include any electrical work $12,18156 beyond the panels; this is typically coordinated with FPL during construction of the project. Approved by Commission 0 111 511 3. 28 Video Allowance LS 1 $ 1,000.00 $ 1.000.00 1 $ 1:000.00 $ 850.00 $ 150.00 29 Indemnification LS 1 $ 10.00 $ 10.00 1 S 10.00 $ 10.00 $ 30 Project Signs EA 2 $ 738.75 $ 1.477.50 2 5 738.75 $ 1,477.50 $ 30a Bond 1 $ 22.50 $ 2250 1 $ 22.50 $ 22.50 $ 31 As- Builts LS 1 $ 1,477.50 $ 1.477.50 1 $ 1.477.50 $ 1,477.50 $ 31a Bond 1 $ 22.50 $ 22.50 1 $ 22.50 $ 22.50 $ 32 Erasion Control LS 1 $ 9,850,00 $ 9,850.00 1 $ 9,850.DO $ 9,850.00 $ 32a Band 1 $ 150,DO $ 150.00 $ 150 00 $ 150.00 $ TOTAL ORIGINAL CONTRACT AWARD $1,182,842.00 $1,139,525.41 $ (43,316.59) Page 2 of 3 SCHEDULE "A" TO CHANGE ORDER NO. 11 FINAL (CONTRACT CLOSEOUT) COASTAL CONTRACTING & DEVELOPMENT, INC. ATL GATEWAY ART FEATURE - PROJECT NUMBER 2009 -041 CHANGE ORDER NO. 1 I FINAL - BREAKDOWN Quantity Adjustments (see page 2) $ (43,316.59) Liquidated Damages - 15 Days @ S500 /Day ($7,500.00) Density Test Failure Charges (15 Failures @ $20.00hest) ($300.00) Concrete Cylinder Test Failure (1 f=ailure @ $60.00/test) ($60.00) Swiss Hammer Test Failures (3 @ $36.67 = $110) ($110,00) Monitoring of Windsor Probe Testing ($110.00) CHANGE ORDER NO. 1 1 FINAL $ (51.396.59) GRAND TOTAL FINAL CONTRACT AMOUNT $ 1,131,445.41 CHANGE ORDER NO. 1 I FINAL SUMMARY Original Contract Award $1,182,842.00 Final Contract to Date $1,131,445.41 CHANGE ORDER NO. 1 1 FINAL ($51,396-59) Page 3 of 3 III SiOR- ALL CONDO Ul x ❑R- ANDR6 WAY z w v IN OONGRE 25 � TR�AE MCEWEN SQUARE z SUBDI VISION z E � z II 2 4 ... U :111TY >T 5T. �r MARTY -LADE � DRIVE I Q I ELRAY �� I WNINC � ll ROYAL I COMM. _&I�K_Q�` C PEAT DELRAY� EA PLAT 2 CHEVRON RINKER t NQ0 MATERIALS GRESS UARE � p-i SiOR- ALL CONDO ❑R- ANDR6 WAY v W MCEWEN LUMBER SUBDI VISION z E � O II 2 4 ... U SOUTH COUNTY II ADMINISTRATIVE TFz E -2 COMPLEX A�f f o � I U w O II U III; I. zN❑ N :w 2ND Sr.... ST. F7 F-7 m j ff a w �cl I z E l 1 ^I E N.w. sr i LO E- Q 6 W i- t k- a PT- W. ATLANTIC AVE. ■'r�ii'�i ii rin E� i � 1i iF ■i i !I I l •� If S.w, 3R6 CT. U �P AL1Bl1RN DR. K \ U l I � I m m 4 4 AUBURN CIR. S. CITY of DELRAY BEACH ATLANTIC AVENUE GATEWAY FEATURE °ATE 10/10 ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP p ©e 434 SOUTH 3WINTON AVEtM ba-RAY SACK FLOAM 33"4 Project # 2009 -041 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, LEED (GA) Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: August 28, 2013 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 RESOLUTION NO. 36-13/ BEACH RENOURISHMENT PROJECT ITEM BEFORE COMMISSION This item is before Commission to approve Resolution No. 36 -13; providing support of the Beach Renourishment Project and ongoing funding commitment to provide for the local match. BACKGROUND This Resolution affirms the City's support of the funding commitment for the local share of the Delray Beach Renourishment project. This local share is provided by Palm Beach County (with the exception of the local share of the turtle monitoring costs and annual surveys) pursuant to an interlocal agreement dated July 10, 2013. The Florida Department of Environmental Protection (FDEP) is undergoing its annual update of the Florida Beach Management Program Long -Range Budget Plan and developing a prioritized list of State Beach Erosion Control Projects. The culmination of this process is the preparation and submittal of the Department's Fixed Capital Outlay, containing Local Government Funding requests to establish State funding priorities for FY 2014 -15. We are in the process of preparing the detail project descriptions and cost estimates for the ongoing Delray Beach Renourishment Project. Along with this information the FDEP requires a resolution of support and acknowledgment of funding commitment for the local share. The attached resolution meets this requirement. The resolution does not commit the City to proceed with the beach renourishment fill project in any specific year. RECOMMENDATION By motion, approve the resolution of support for the Delray Beach Renourishment Project. RESOLUTION NO. 36 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA PROVIDING IT'S SUPPORT FOR THE CITY OF DELRAY BEACH RENOURISHMENT PROJECT AND ITS ONGOING FUNDING COMMITMENT TO PROVIDE FOR THE LOCAL MATCH; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, America's beaches provide vital economic, recreational, storm damage reduction, and environmental benefits to the Nation; and WHEREAS, nearly sixty percent of all Americans live within 50 miles of the Atlantic and Pacific Oceans, the Gulf of Mexico, and the five Great Lakes; and WHEREAS, the Nation's beaches are the leading tourist destination for millions of domestic and foreign visitors, providing jobs and business profits which in turn produce billions of dollars of tax revenues for federal, state and local governments; and WHEREAS, the City Commission of the City of Delray Beach continues to support the City of Delray Beach's renourishment project regarding its beaches; and WHEREAS, the City of Delray Beach has the ability to provide the necessary local match through an interlocal agreement with Palm Beach County. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That the City of Delray Beach is providing its support for the City of Delray Beach renourishment project and affirms its ability to provide the necessary local match for its funding request through an interlocal agreement with Palm Beach County. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ATTEST: City Clerk day of 12013. MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Pc-u1D or1hg, A IC P , LE E D Q A) D kectorof P 15mhg and z oniag THROUGH: Lou-h C him an, Jr., C rtyM anager DATE: August 28, 2013 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 AMENDMENT NO. 1 TO THE DEP AGREEMENT/ 2013 BEACH RENOURISHMENT PROJECT ITEM BEFORE COMMISSION City Commission is requested to approve Amendment No. 1 to the Department of Environmental Protection (DEP), Contract No. 12PB1 between the City and the DEP for the state's cost sharing of the Beach Renourishment Project. BACKGROUND The original DEP Contract 12PB was approved by the City Commission on June 19, 2012, and represents a project agreement between the State and the City of Delray Beach for state cost sharing not to exceed $2,279,537. The current modifications will reflect the final construction cost for the fill event which has been reduced from $8,820,110 to $8,030,176 and an increase in the 2013 -Year One Marine Turtle Costs given the added permit related tasks, escarpment reporting, etc. ($38,750 to $51,350). The contract has also been modified to add an additional year of state participation in the 2014 Marine Turtle Task. The modifications have been reviewed and approved as to legal sufficiency and form by the City Attorney. RECOMMENDATION By motion, approve Amendment No. 1 to DEP Contract # 12PB1 between the City of Delray Beach and the DEP for the state's cost sharing of the 2013 Beach Renourishment Project. AMENDMENT No. 1 DEP AGREEMENT No: 12PB 1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA GRANT AGREEMENT FOR DELRAY BEACH NOURISHMENT PROJECT THIS AGREEMENT as entered into on 26"' day of June, 2012, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT "), whose address is 2600 Blair Stone Road, Tallahassee, Florida 32399 -3511 and the CITY OF DELRAY BEACH, a local government, (hereinafter referred to as the "LOCAL SPONSOR "), whose address is 100 Northwest I" Avenue, Delray Beach, Florida 33444, for the project described herein. WHEREAS, the LOCAL SPONSOR has requested and the DEPARTMENT has agreed to change the commencement date and extend the expiration date to due to the inclusion of the scope of work for the 2014 marine turtle nesting survey into this grant; WHEREAS, it has come to the DEPARTMENT's attention that the Request for Payment forms require modification to allow prompt payment of invoices; below; WHEREAS, the DEPARTMENT's contact address and mailing station have changed and is reflected WHEREAS, an additional task for biological monitoring has been added to the original Agreement; and, WHEREAS, other changes to the Agreement are necessary. NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows: • Paragraph 2 is hereby deleted in its entirety and replaced with the following: This Agreement shall begin on the last date executed and end on December 31, 2014. Pursuant to Section 161.101 (18), Florida Statutes, work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor and approved by the Department beginning on or after August 1, 2009, may be eligible for reimbursement by the DEPARTMENT, provided that the PROJECT is approved by the DEPARTMENT. If work identified in the approved Grant Work Plan is completed prior to time allowed in this Agreement, this Agreement may be terminated by formal amendment. • Paragraph 7 sentences three and four are hereby deleted in their entirety and replaced with the following: Each Scope of Work shall require approval by the DEPARTMENT as to content, deliverables, and schedule prior to initiating the work. The tasks must be incorporated into the Grant Work Plan in the form of an approved amendment to this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 12PB 1, Amendment No. 1, Page 1 of 4 Paragraph 8 Table 1 is hereby deleted in its entirety and replaced with the following: Task Eligible Project Tasks Estimated Project Costs Federal DEP Local Total 2.0 Design and Permitting 2.1 Engineering Services $403,686 $156,480 $156,480 $716,646 3.0 Construction 3.1 Construction of Beach Nourishment $5,418,204 $2,100,240 $2,100,240 $9,618,684 4.0 Monitoring 4.1 Biological Monitoring $58,866 $22,817 $22,817 $104,500 TOTAL PROJECT COSTS $5,880,756 $2,279,537 $2,279,537 $10,439,830 Paragraph 9 the following language is hereby added after the third sentence: Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non - federal share. Paragraph 12 sentence three is hereby deleted in its entirety and replaced with the following: If at any time the LOCAL SPONSOR fails to maintain the subject beach access sites and public parking, the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site and/or parking spaces which are no longer available to the public for the preceding 1 0 -year period. Paragraph 13 sentence one and four are hereby deleted in its entirety and replaced with the following: As consideration for the satisfactory completion of the eligible work, identified in Attachment A -1 and approval of the work by the DEPARTMENT, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis for services rendered. These forms are to be submitted upon completion of the deliverables identified in the approved Scope of Work. Paragraph 14 sentences two and four are hereby deleted in their entirety and replaced with the following: It is understood and agreed that any request for payment that requires the DEPARTMENT to request additional information of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and will reset when such information is received as requested by the DEPARTMENT. The cumulative amount retained for each eligible task/deliverable item shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement. Paragraph 15 sentence three is hereby deleted in its entirety and replaced with the following: Progress reports may be required to be submitted electronically in Word.doc or tab delimited .TXT format. DEP Agreement No, 12PB 1, Amendment No, 1, Page 2 of 4 Paragraph 22 is hereby deleted in its entirety and replaced with the following: Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt requested, or overnight courier service, or delivered in person to the contact person at the addresses below. LOCAL SPONSOR Paul Dorling, ACID Director of Planning & Zoning City of Delray Beach 100 NW I" Avenue Delray Beach, Florida 33444 dorlingp(a�rn. d_ybeach.com I�i�1J.�ii�Mrsi1�►M.1 Dena VanLandingham, Grant Program Administrator Department of Environmental Protection 2600 Blair Stone Road, MS 3511 Tallahassee, Florida 32399 -3000 (850) 922 -7711 Dena van i and inghamLwdep.state.fl. us Any changes to the contact information shown above or in paragraph 19 must be reduced to writing in the form of a Change Order to this Agreement, Paragraph 42 sentence three is hereby deleted in its entirety and replaced with the following: If the parties agree that the delay or anticipated delay was caused, or will be caused by a force maj eure, the DEPARTMENT may, at its discretion, extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure upon execution of an amendment to this Agreement. Attachment A, Grant Work Plan, and Attachment D, Revised Request for Payment are hereby deleted in their entirety and replaced with Attachment A -1, Revised Grant Work Plan, and, Attachment D -1, Revised Request for Payment attached hereto and made a part of the Agreement. All references in the Agreement to Attachment A, Grant Work Plan and Attachment D, Request for Payment shall hereinafter refer to Attachment A -1', Revised Grant Work Plan and Attachment D -1, Revised Request for Payment. In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No, 12PB 1, Amendment No. 1, Page 3 of 4 IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. CITY OF DELRAY BEACH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: By: Tstle: *Mayor Date: FEID No.59- 6000308 APPROVED as to form and legality: Grantee's Attorney DEP Secretary or designee Date: Department of Environmental Protection Grant Program Administrator DEP Attorney *If someone other than the Mayor signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County /City must accompany the agreement. List of Attachments /Exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A -1 Revised Grant Work Plan (4 pages) Attachment D -1 Revised Request for Payments, Part I - 1I1 (3 pages) DEP Agreement No. 12PB 1, Amendment No. 1, Page 4 of 4 ATTACHMENT A -1 GRANT WORK PLAN Project Title: DELRAY BEACH NOURISHMENT Project Location: EDEP Monuments R179 to R188, Palm Beach County Project Background: The PROJECT consists of the design, permitting, construction, and monitoring of approximately 1.9 miles of shoreline in southern Palm Beach County. The beach was initially restored in 1973 and had subsequent nourishments in 1978, 1984, 1992, 2002, and 2005. The 2005 nourishment was an emergency repair for erosion resulting from the 2004 hurricane season. Construction of the following design interval beach nourishment was completed in 2013. Federal authorization remains in effect through September 30, 2023. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable DEPARTMENT permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standard technical specifications contained in the DEPARTMENT'S Monitoring Standards for Beach Erosion Control Projects (2004) and Processing Plan and Geographic Information System Guidelines, unless otherwise specified in the approved Scope of Work (herein after referred to as SOW) for an eligible PROJECT item. These plans may be found at (GIS guides) and littp: / /www.dep,state.A.us/ beaches /publications /pdf /standard.pdf. One (1) originals and one (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the DEPARTMENT, unless otherwise specified. Project Description: The deliverables listed below are to be completed and approved by the DEPARTMENT by the due date listed. 2.0 DESIGN AND PERMITTING Professional services required for engineering and design, obtaining environmental permits and other authorizations and the preparation of plans and specifications for beach nourishment. This item specifically excludes permit application fees or any other fees paid to the State of Florida. Performance standard: All deliverables, reports, and monitoring results will be circulated to the Department for review and comment. When comments are received from the Department affirming that the deliverable is acceptable, payment will be authorized. Financial Consequence: Any work product that does not meet the Performance Standard will not be eligible for reimbursement. 2.1 Engineering Services For preliminary engineering design services, the consultant will review geotechnical data; conduct bathymetric surveys; provide preliminary project design; conduct cultural resource surveys; prepare and submit an environmental assessment (EA); assist with joint coastal permit (JCP) consultation; and prepare and submit the JCP application. For final. engineering design services, the consultant will prepare a biological assessment (BA); conduct endangered species biological investigation; survey for essential fish habitat (EFH); provide responses to request for additional information (RAI); provide draft plans and specifications; coordinate meetings with regulatory agencies; and prepare construction bid. DEP Agreement No. 12PB1, Attachment A -1, Page 1 of For pre - construction biological monitoring, the consultant will conduct marine turtle nesting surveys prior to construction during turtle nesting season including all marine turtle protection activities as required by permit. Deliverable A: Preliminary engineering services — Submittal of JCP application Total cost $428,412 Total non - federal cost $187,088 (DEP cost $93,544) Due Date: November 30, 2013 Delivernble R- Final engineering services — Submittal of construction bid and specifications Total cost $249,484 Total non - Federal cost $108,950 (DEP cost $54,475) Due Date: December 31, 2013 Deliverable C: Marine Turtle Surveys 2011 - Certification of completion that all marine turtle surveys have been completed and submitted to the applicable regulatory agencies per permit conditions Total cost $38,750 Total non- Federal cost $16,922 (DEP cost $8,461) Due Date: December 31, 2013 3.0 CONSTRUCTION Work performed and costs associated with the placement of fill material and/or the construction of erosion control structures within the project area. Eligible costs may include mobilization, demobilization, construction observation or inspection services, beach fill, tilling and scarp removal, erosion control structures, dune stabilization measures and native beacb -dune vegetation. Construction shall be conducted in accordance with any and all permits issued by the Department. Performance Standard: Work products (Deliverables) must meet acceptance standards of the engineer, building code inspector, Joint Coastal Permit, or a combination of these, as required, to assure all project - related construction is completed to desired specifications, Financial Consequence: Any work product that does not meet the Performance Standard will not be eligible for reimbursement, 3.1 Construction of Beach Nourishment To conduct dredging of beach compatible sand from two offshore borrow areas for the purposes of beach nourishment to be placed on the City of Delray's municipal beach under Joint Coastal Permit #0303553. The placement location is 1.9 miles long between FDEP R- monuments R179 to R188A in Palm Beach County, FL. For construction bid, the LOCAL SPONSOR will advertise a competitive bid package for hydraulic dredging services for the beach nourishment. Task items will include mob ilizationldemobilization of equipment, dredging of borrow areas, sand placement on beach, and post -fill beach tilling, For construction administration, the consultant will provide permit required environmental studies, reports and evaluations, coordinate with regulatory agencies, manage permit processing activities, prepare project plans and specifications, and provide bidding assistance. DEP Agreement No. 12PB1, Attachment A -1, Page 2 of For immediate construction -phase biological monitoring, the consultant will conduct marine turtle nesting surveys during construction and immediately following construction for the remainder of the turtle nesting season including all marine turtle protection activities as required by permit. Deliverable A: Construction Bid — Certification of completion by registered engineer contractor that all construction phases are completed and approved. Total cost $8,030,176 Total non - federal cost $3,506,778 (DEP cost $1,753,389) Due Date: March 31, 2014 Deliverable B: Construction Administration - Certification of completion by registered engineer that all post - construction surveys are completed per permit conditions. Total eligible cost $293,054 Total non- federal cost $127,976 (DEP cost $63,988) Due Date: June 30, 2014 Deliverable C: Marine Turtle Surveys 2012 - Certification of completion that all marine turtle surveys have been completed and submitted to the applicable regulatory agencies per pen-nit conditions Total cost $38,750 Total non - federal cost $16,922 (DEP cost $8,461) Due Date: January 31, 2014 Deliverable D: Future construction allocation. Scopes of work added under this task roust be approved by Bureau staff. No portion of these funds may be expended until an amendment is executed per contract terms. Total cost $1,256,704 Total non- federal cost $548,804 (DEP cost $274,402) Due Date: December 15, 2014 4.0 Monitoring A monitoring program conducted in accordance with the requirements specified in any and all permits issued by the Department and the US Army Corps of Engineers. A monitoring plan must be submitted and approved in writing by the Department prior to the initiation of monitoring activities. The plan shall be developed in a manner that will coordinate the monitoring activities associated with current shoreline stabilization projects located within or adjacent to the project area and with the Department's Regional Coastal Monitoring Program. Performance standard: All deliverables, reports, and monitoring results will be circulated to the Department for review and comment. When comments are received from the Department affirming that the deliverable is acceptable, payment will be authorized. Financial Consequence: Any work product that does not meet the Performance Standard will not be eligible for reimbursement. 4.1 Biological Monitoring For post - construction marine turtle monitoring, the consultant will conduct marine turtle nesting surveys during turtle nesting season including all marine turtle protection activities as required by permit. DEP Agreement No. 12PB1, Attachment A -1, Page 3 of 4 Deliverable A: Year One Marine Turtle Surveys (2013) - Certification of completion that all marine turtle surveys have been completed and submitted to the applicable regulatory agencies per permit conditions Total cost $51,350 Total non - federal cost $22,424 (DEP cost $11,212) Due Date: January 31, 2014 Deliverable B: Year Two Marine Turtle Surveys (2014) - Certification of completion that all marine turtle surveys have been completed and submitted to the applicable regulatory agencies per permit conditions Total cost $53,150 Total non- federal cost $23,210 (DEP cost $11,605) Due Date: December 15, 2014 NOTE: The deliverable due dates established in this Grant Work Plan indicate the time by which a deliverable is received and approved for cost sharing. The dates do not necessarily correspond with permit required due dates. The Local Sponsor must meet the terms of the permit for compliance. All Tasks are Contractual Services. DEP Agreement No. 12PB1, Attachment A -1, Page 4 of ATTACHMENT D -1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART I PAYMENT SUMMARY Naive of Project: DELRAY BEACH NOURISHMENT LOCAL SPONSOR: CITY OF DELRAY BEACH DEP Agreement Number: 12PB1 Billing Number: Billing Period: Billing Type: ❑ Interim Billing ❑ Final Billing Costs Incurred This Payment Request Federal Share* State Share $ $ *if applicable Cost Sunnnary: State Funds Obligated $ _ Less Advance Pay $ Less Previous Payment $ Less Previous Retained $ Lcss `['his Payment $ — Less This Retainage (10 %) State Funds Remaining $ Local Share Total Local Funds Obligated Less Advance Pay $ Less Previous Credits Less This Credit Local Funds Remaining DEP Agreement No. 12PB1, Attachment D -1, Page 1 of 4 Q H V W w Z W w F ^Q^ � a F+I �I W U h C!] C� H W W d U W p i®I of W H C/] i n Z5 A O N Q Cd �G R� N_ O N ^^BUJ W Q O a lL s+ 0 4 j U m � CL E m (L6D c c u m `m E d a m 0 0 t c U U wN, r Z d 0 U = m N N U L C ;:s 0 0 Wm a Q N a c c fU h R N U ca � O j � m y 3 U N — _ 'o U � a a O c U � N = c R 3 3 lad co Y U o a w v Q V N 7 C a 7 O F Z O 01 ~ p G' Y U co v �� C C Q O LLI U 7 t7 N W W 0) a (6 v v c m N E Q o C: o F a LL a � 0 o m Q A) CL °m"' L —_ m 0 m u > m m u 3 ±a E m o E 7 > C Il ro y E 0 w r> z 0 a m m (L o = c m c U C m _ V m m m c N V C t V 0 O F- N m > m �+ a ° c u L N ro 0 au m ;° ° m N U 'a W G7 7h '� N N E 07 S: p a 7 N ro N o U 7 m N m o °� m ro .2 E l4 N m C ro � O m U 0 E U w a •. m 3 m o a w= � 3 a > 0 0 Z o o ° E c av 9 ��O1m > a� O M C E c C b Q, N ° w C O O N ry 0 y C Il m O Q U o O y W ro ro C qu N a n ° a o m m -C aa) c� V *^ IL tu 02 c s mwt 07 N fl C N N 3 0 N tj d p? G a °o. ° a s 0 C u R w Nc co N N N N U c D a U E U E � ° 0 j o ro z J _ m U I LL 0 ti• N Cl d' -U (0 O N Q Cd �G R� N_ O N ^^BUJ W Q FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART III PROJECT PROGRESS REPORT Name of Project: DELRAY BEACH NOURISHMENT LOCAL SPONSOR: CITY OF DELRAY BEACH DEP Agreement Number: 12PB 1 Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: 2.0 DESIGN AND PERMITTING 2.1 Engineering Services 3.0 CONSTRUCTION 3.1 Construction of Beach Nourishment 4.0 MONITORING 4.1 Year one Post Construction Monitoring DEP Agreement No. 12PB 1, Attachment D -1, Page 3 of 4 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM CERTICATION OF DISBURSEMENT REQUEST REQUEST FOR PAYMENT — PART IV Certification: I certify that this billing is correct and is based upon actual obligations of record by the LOCAL SPONSOR; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Coastal Systems approved Project Agreement including any amendments thereto; and that progress of the work and /or services are satisfactory and are consistent with the amount billed. The disbursement amount requested on Page I of this form is for allowable costs for the project described in the grant work plan. I certify that the purchases noted were used in accomplishing the project; and that invoices, check vouchers, copies of checks, and other purchasing documentation are maintained as required to support the cost reported above and are available for audit upon request. Narne of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date DEP Agreement No. 12PB1, Attachment A -1, Page 4 of MEMORANDUM 'A Z TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney /Police Legal Advisor THROUGH: City Attorney DATE: August 27, 2013 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 AGREEMENT / UNITED STATES DEPARTMENT OF JUSTICE DEA /CONTROLLED PHARMACEUTICALS ITEM BEFORE COMMISSION This is a State and Local Task Force Agreement between the DEA and the Delray Beach Police Department to investigate, disrupt and dismantle individuals and organizations involved in diversion schemes of controlled pharmaceuticals. BACKGROUND This Agreement is identical to the previous agreement and renews the termination date from September 30, 2013 until September 30, 2014. This Agreement allows for one officer from the Delray Beach Police Department to join the DEA Task Force and work under DEA's direct supervision to investigate, disrupt and dismantle individuals and organizations involved in diversion schemes of controlled pharmaceuticals and/or listed chemicals in South Florida. The Delray Beach Police Department will contine to pay the officer's salary, benefits and overtime. The DEA, will, subject to the availability of funds, reimburse the Delray Beach Police Department for overtime up to $17,202.25. Also attached to the Agreement is the Certification regarding lobbying and drug free workplace requirements. This form insures that the Delray Beach Police Department maintains a drug free workplace and does not use Federal funds to lobby any official or employee for Federal grants or agreements. It also maintains that we have not been criminally or civilly charged with any of the enumerated offenses by a goverment agency. FUNDING SOURCE The DEA and the Delray Beach Police Department. RECOMMENDATION The City Attorney's Office recommends approval. Appendix E TACTICAL. DIVERSION TASK FORCE AGREEMENT This agreement is made this 1 st day of October, 2013, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and the Delray Beach Police Department (hereinafter "DBPD "). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. WHEREAS there is evidence that trafficking in controlled substance pharmaceuticals and/or listed chemicals exists in the South Florida area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of (lie people of South Florida, the parties hereto agree to the following: 1. The West Palm Beach Task Force will perform the activities and duties described below: a. Investigate, disrupt and dismantle individuals and /or organizations involved in diversion schemes (e.g., "doctor shopping ", prescription forgery, and prevalent retail -level violators) of controlled pharmaceuticals and/or listed chemicals in the South Florida area. b. Investigate, gather and report intelligence data relating to trafficking of controlled pharmaceuticals and /or listed chemicals; and c. Conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Florida. 2. To accomplish the objectives of the West Palm Beach Task Force, the DBPD agrees to detail one (1) experienced officer to the West Palm Beach Task Force for a period of not less than two years. During this period of assignment, the DBPD officer will be under the direct supervision and control of a DEA supervisory Special Agent assigned to the Task Force. 3. The DBPD officer assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. Tire DBPD officer assigned to the Task Force shall be deputized as Task Force Officers of DEA pursuant to 21 U.S.C. Section 878. 5. To accomplish the objectives of the West Palm Beach Task Force, DEA will assign four (4 ) Special Agents and one (1 ) Diversion Investigator to the Task Force. DEA will also, subject to the availability of annual Diversion Control Fee Account (DCFA) funds or any continuing resolution thereof, provide necessary funds, vehicles, and equipment to support the activities of the DEA Special Agents and DBPD officer assigned to the Task Force. This support will include: vehicles, office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items, as available DCFA funds permit. Task Force officers must record their work hours via DEA's activity reporting system. 6. During the period of assignment to the West Palm Beach Task Force, the DBPD will be responsible for establishing the salary and benefits, including overtime, of the officers assigned to the Task Force, and for making all payments due them. DEA will, subject to availability of funds, reimburse the agency /department for overtime payments made by it to the DBPD officer assigned to the West Palm Beach Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, step 1, (RUS) Federal employee (currently $17,202.25) per officer. Nate: Task Force Officer's overtime "Shall not hiclude anj3 costs for benefits, such as retirement, FICA, and other evI)enses." 7. h1 no event will the DBPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The DBPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on -site inspection and auditing of such records and accounts. 9. The DBPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, docurnents, accounts, invoices, receipts or expenditures relating to this agreement. The DBPD shall maintain all such reports and records until all litigation, claim, audits and examinations are completed and resolved, or for a period of three (3) years after termination of this agreement, whichever is later. 10. The DBPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and 1. 11, The DBPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements. The DBPD acknowledges that this agreement will not take effect and no Federal finds will be awarded to the DBPD by DEA until the completed certification is received. 12. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, the DBPD shall clearly state: (1) the percentage of the total cost of the program or project which will be financed with Federal money and (2) the dollar amount of Federal funds for the project or program. 13. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2011. This agreement may be terminated by either party on thirty days' advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by DBPD during the terra of this agreement. For the Drug Enforcement Administration: Date: Mark R. Trouville Special Agent in Charge For the Delray Beach Police Department: Date: Anthony Strianese Chief Date: Mayor, City of Delray Beach ATTEST: Date: Chevelle Nubin, City Clerk APPROVED AS TO FORM & LEGAL SUFFICIENCY: Date: Catherine M. Kozol, Asst, City Attorney T {A "` U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest, Applicants should also review the instructions for certification included in the regulations before completing this from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Department and Suspension (Nonprocurement) and Government -wide Requirements for Drug -free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As a uir d b e M 13 T'tle 31 of the U.S, . Clode, an apcobp lea p antmerR( ov rhatf 6S� Snas c�e# ne! at °2 �a) No F(Vera� app opriate fupds have been paid or will be paid, YY or on eha f of tie undersc ed, to any person for influencing or atte pain to influence an f icer or employee fan agency, a Mom o� Congress, an o ficer or employee o� Cor�grgss, 8r an em to a of a Meember of Congress in connection with the making �' any Federal grant the enterip% ipto of any coo a alive agtee�rlent, and extension, contra alron, renewal, am�in t, or modification of any Federal grant or cooperative agreement; b . If an (# ds other than Federal a r riaied fund hav .be n �o or u�ril�ae Kongesl id to angrson #oo�ncgienc�n or a�em�intgei uerec s as cer or em o °�ee of Con �e�S,so�l eTlo e�yan o ��c,e at4 e( g�e I �he . T.'�Iesi reC, s ale c oT gband ciivites, in accordance with its instructions, ti TlionVdinrignein le avquredohe tmeetsad�u��suaawaids ai avers inc�udan s grants onlracto unc� r r nt a d re °cgi ,ents�shalrerM ts. t istlloseaa�caoroG glyaned ttlga� al� sue h0§19 0FmION, AND OTHER FR ftipensi � rtli7d, R IM� ?'�ymattrans CKans, a7 t°dePine�a�4N A. The applicant certifies that it and its principals: (a) Are not presently . debarred, susp nded, proposed for debar - r�tbnt d Glared ineligible, sentencd� to a Menial of Federal benefits a Stale or Federal cou or voluntaril excluded from covered transactions by any Federal department or agency; u Ic (Federal .State„ r local) a a do or c t, pct un r lie , vto�ation o ederal o a I n VIrus� �,u es qor commission c�f em ezlZ emen he ore sra`lerr Is; r receiving stolen properly°; records, ma trig alsryd �a Are of presentl indi t d for or th rw'seg criminal or civil tot o�iSS�° r�ifi af�or °na�nda�fterisstnuemeidatetctin para�gral�h) �diav not withinna eF�roeear period preceding hi apglirlalto ermine a fomc°aus or a au t art ns ire eral, Stta e, r ocal Bat meeIs neth sppl1c Tfli alion`a he or s�ie shall aai ac the exp�anarion to this app�cataon. �GRANTE�S 6VXi THANA INDIVIDUALS) As le eirrdd e Ru$$Frrte��WSqulWlare c(orof 1988,s,aas oerne� a 28 t art 6� Sectl °ns61 and Lgi Pee gpleni c(Wifies that it will or will continue to provide a a P b ishin a state meet noti to em to ees that the 11 'sea o�fu�a conk to�fec a §u15siabutiois Rr i I b Qa�Cegsan eel worrkplace n s eC3tfv,�inps nacti (1) Abide by the terms of the statement; and if swteu� °accurrin °�githe °woik[p °�ace°no a er han rve ca en ar da�rs a er such con rc ron; e NQiif in the a e c , ! writin with' iendar days. after et eiyr n$ttice cle suu ra aph. � )� on) an err to ee Check ( of there are workplace on file that are not identified r o rs rece yr a ua notic o , uc con tr .n. ere. Rrmplo)TTI&C &ry Qn�v[c oyn es st line �f oeiced�ndC [n S ti n 67 6g0 f the r ufations ov des.that g nee at i Wa °rtr am n D:C" 2 ,�i� sk�s nfa�atheVec�enElficatroii a# �e ma el t fh numersof eacfi a ected gram e shall me u e ea a A r�{n�° cstsheOln e�ag wadc{ahte p�gernrte may Delect to use U Form ��a Tak'n one, of the. followi acfippns, wiihi 30 lend r s 1! ecervrn notr uno r suq ar grapif (d)( win Check f— if the State has elected to complete OJP Form resypecl to any employee who rs so convrf'tec 406117. 1 Taking aprro �rii to rso nel . a tion a atn t suc n regsrIrXmenfspoflh Rei�arbililai�O e c ro��Jn/3�as a endN; ore t AN E WH� ARE II SIVIDtJALS} V uRequirinA such emIQ Yt °t ia sfaa rna sa oruc s e�1ap o o hroe y a or wen orcemen , or �her approprate agenc F0 e (,slaking a gboog (aitl effort to. continue to maintain a dru -,free () (d), ), and (. VThe rants may insert in t e ace,provided elow t e rte The a� rlormance or wo We In connec ron wi tie coapq of Performance (Street address, city, country, state, zip As le eir�ddd b eC uFe7W hAc(t of 1988, and c�e?tln( a 8 aM, Saectroris arid g.�{2�ntees, as q As a dition of he gf nt, I rtify that I will not en a e in t r use I o sa�m ntro e� s€ibstanfce nn'coisgi?ionjnP6i act5vii�; w'j9h �e grant; and B. If convinced o a cri anal drug offense resulting, fro violation occurring during t�je contluc-t ot(n qrant actrva , Nwrl re on (he convrc iron, in wri rt yvrth[n 1 ca endar d�ysyof the cr�onvictro to: Der artment of Ju'st►ce, Office ofrJustice Rograms, ATTN: �ontro! �esk, 633 Indiana Avenue, .W., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, FL 33444 2. Application Number and/or Project Name 3. Grantee IRSNendor Number West Palm Beach Task Force 4. Typed Name and Title of Authorized Representative Chief Anthony Strianese 5. Signature Mayor, City of Delray Beach ATTEST: 6. Date Approved as to form & legal sufficiency: Chpvpllp Nrrhin. Citv Clerk Catherine M. Kozol. Asst. Citv Attorney MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney /Police Legal Advisor THROUGH: City Attorney DATE: August 27, 2013 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 AGREEMENT /UNITED STATES DEPARTMENT OF JUSTICE DEA/ ILLEGAL NARCOTICS AND DANGEROUS DRUGS ITEM BEFORE COMMISSION This is a State and Local Task Force Agreement between the DEA and the Delray Beach Police Department to disrupt the illicit drug trafficking in illegal narcotics and dangerous drugs. BACKGROUND This Agreement is identical to the previous agreement and renews the termination date from September 29, 2013 to September 29, 2014. This Agreement allows for one officer from the Delray Beach Police Department to join the DEA Task Force and work under DEA's direct supervision to disrupt the illicit drug traffic of illegal narcotics and dangerous drugs in South Florida. The Delray Beach Police Department will continue to pay the officer's salary, benefits and overtime. The DEA will, subject to the availability of funds, reimburse the Delray Beach Police Department for overtime up to $17,202.25. Also attached to the Agreement is the Certification regarding lobbying and drug free workplace requirements. This form insures that the Delray Beach Police Department maintains a drug free workplace and does not use Federal funds to lobby any official or employee for Federal grants or agreements. It also maintains that we have not been criminally or civilly charged with any of the enumerated offenses by a government agency. FUNDING SOURCE The DEA and the Delray Beach Police Department. RECOMMENDATION The City Attorney's Office recommends approval. ,Appendix D PROGRAM - FUNDED STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this 30th day of September, 2013, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and the Delray Beach Police Department (hereinafter "DBPD "). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of South Florida, the parties hereto agree to the following: 1. The West Palm Beach Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the South Florida area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c, conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Florida. 2. To accomplish the objectives of the West Palm Beach Task Force, the DBPD agrees to detail (1) experienced officer to the West Palm Beach Task Force for a period of not less than two years. During this period of assignment, the DBPD officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force, 3. The DBPD officer assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The DBPD officer assigned to the Task Force shall be deputized as Task Force Officers of DEA pursuant to 21 U.S.C. Section 878, 5. To accomplish the objectives of the DBPD Task Force, DEA will assign four (4) Special Agents to the Task Force. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and two officers assigned to the Task Force. This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items. 6. During the period of assignment to the West Palm Beach Task Force, the DBPD will remain responsible for establishing the salary and benefits, including overtime, of the officers assigned to the Task Force, and for making all payments due them. DEA will, subject to availability of fiords, reimburse the DBPD for overtime payments made by it to the DBPD officer assigned to the West Palm Beach Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, step 1, (RUS) Federal employee (currently $17,202.25), per officer. Note: Task Force Officer's overtime "shall not iuchrrle anj, casts for benefits, such as retirement, FICA, and other expenses." 7. In no event will the DBPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The DBPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of fiords under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on -site inspection and auditing of such records and accounts. 9. The DBPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The DBPD shall maintain all such reports and records until all audits and examinations are completed and resolved, or for a period of tluree (3) years after termination of this agreement, whichever is sooner. 10. The DBPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and 1. 11. The DBPD agrees that an authorized officer or employee will execute and return to DEA the attached OR Form 406116, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements. The DBPD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the DBPD by DEA until the completed certification is received. 12. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs firnded in whole or in part with Federal money, the DBPD shall clearly state: (1) the percentage of the total cost of the program or project which will be financed with Federal money and (2) the dollar amount of Federal funds for the project or program. 13. The term of this agreement shall be effective from the date in paragraph number one until September 29, 2014. This agreement may be terminated by either party on thirty days' advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by DBPD during the term of this agreement. 2 For the Drug Enforcement Administration: Date: Mark R. Trouville Special Agent in Charge For the Delray Beach Police Department: Date: Anthony Strianese Chief Date: Mayor, City of Delray Beach ATTEST: Bate: Chevelle Nub in, City Clerk APPROV AS TO FORM AND LEGA FFICIENCY: n Date: h3 19st,herine M. Ko 1, As t. City Attorney U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Department and Suspension (Nonprocurement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYINGee i�ronn 22 �i� a� im�pferr�en? d ea 28 %me P ar e59 1! ��S�nas e it in 2� FR �'ahoeS, tae app ant cer�ifies trhat: ((a) No F deral appropriate funds have been paid or will be ppaid, b or onPbehaif of he undersigned, to any person for influencing or atlemptin to intence an fficer or em loyee of an v, agent , a Member of C ngress, an onficer or employee of Coilgrpss, �r an em 10y a ona M tuber of Congress in conneption with the makm� did an Federal grant the entering into of any coo a alive ageement, and exfensron continuation, renewal, amndment, or modification of any Federal grant or cooperative agreement; yb, . tf an ds other than Federal a r riated fund hav be n �d or �iri�i�ne Adin id to an efrson Fo �n �iencins or a em 1 err a Ouenec s aq ier O em o° (e Con re�gts °�eeerae��yan� a°i rrnbel, o yes i co ne tion co��e,raU arenhe erse�je s all co p e an 1 cf+vities, in aoccordann°ce with its inMr lie Ions�sure o onbying ti Ttionundinstioned in tale a pr�doc tr the etsa dupe 9f t isds ac coq ierativ nc�ur e� ens grants nnts u� lra c?, lunnoedr lge ills , uT recipients sha��ceriiiy and cEaisctose accorcingty. � EG1F t,) "ffl[ON, AND OTHER and s required by. Executig � � rt �eC n9 c 8tt2 nS Fctions,6a7� e pro A. The applicant certifies that it and its principals: (a) Are no presenti .. �febarred, susp nded, proposed for debar - aenetits by ar5late oirgFeld'eral sentence to vole tariille excluded from) covered transactions by any Federal department or agency; b nommi�s `odnt o�# ahee a aecitne`ia o ne e� nc�oinr�ec�tuio�n'wi ogtaining, as>!empt►ng �o oo ain, or performing a u lie (transaction;. �to°tatio al }osra e e aln or tact unti rii sis�eces fa °rsificaUopi o�nd safuct %n 0 reeo�ds, hniakingor�aelsryd er nts, or receiving sioelen property; W Are of pa r esoevne % indic(teld for or( therw' criminally or civil ar �°} OT01 r�iticaiia °n aped of�ensV s enumea'atetotin paragraph 1 hddoii °rtmo�e �ub ryasapt�n °sede aEgSfase poricfoc °an} tttermina a for taus or a au t; and' Bat Where ication,a he to N' shall aa�facaf the expFana{Ion to this app caaion. ?GRAN�ffi 8 HERRTI-IA% NDIVIDUALSj A�s'1pIre eir ddd a e D - Frrieg W Marcrte clay of 198t3,saas Feline a� 28e Part Sections t5l and��8 T e a li a t c 'V es that it will or will continue to provide a rug -tree or pPat e ' (a1 P brishln a stat meat noti In em t that the Uiilvr t n is nb(,a is �s j n(Se inhses aoq 9.r d u employ esoravS�atioio� unch p oa�tionw beam agains fb� Es ablplayi s ai3o00utgoing drug -free awareness program to (1) The dangers of drugs abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; as }s siavnce available dr gan�unseling, rehabilitation, and employee (muse vMa` 010"ns occurnn'g nVe workpja&°;n employees for drug hCeMeakrncit a rocat�irmeni that e h emnlAY of the s�aemen er ante ran be given req iredoby paragrap a�; Hds Notif�ri n thhef, as �cooyneoitionoemp ymenaf utncirergtia grantY ra ra e e�np oly d win OJP FORM 406116 (3 -91) REPLACES OJP FORMS 406112, 406213 AND 406114 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and E la to iyo aecnmin yecrrun sra�ua ooccurrionr i'e the wop�ace° no �a�er�han ve calendar dais after such conv�ic ion: �WNatif inattce ai1`�eoory'su�wrira 'a WP h�c,�)� ro ndan ea'�sjgftee m of � lice recd v�q of tuaRnot st rAfri uc ti e°g7W in. 0,0 rrt�o tItP �`�fi br! 5 Waoq e ss n 51, ' 2 d of�ce sha1i incluaneathe mentlficHoH nom girls of eac: a ected grant, A s akin$ece�vin °f tnoti fell unic�er asiiI e grapr� 3(dx - 41% resYpecot to any emfoyee who is so convietec eq�iiogmen s�of ihe�rq, Iilit�'agPoA �iA oY'i *3'asssamendN orne ? Requiri�n such ernetQyn�litoat�O� era to fa�ove i{oa suc use as i an or e n� dther aporopri etde agency e, or o ea h, wen orcemen , (g Making a qoodd fait effort to can #1'nue to main# in a drug- free w�rkplace thrbugi� imp�ementafion of paragraphs ra), (b), E), (d), (e), and (f). rThe ranle ma rose m t e ace, rovided �elow t e rte idec�Icgra poorm nce o� work Wane i�i connection wi tie Pllape of Performance (Street address, city, country, state, zip Check F R there are workplace on file that are not identified ere. S(qi?n 67 �o �e acrto, 1p f h the r cstMoq cerPi�, ai swan�d �� p�g�allon may elect to use�t Form ar�l�. Check l— if the State has elected to complete OJP Form 4061/7. ?GRANTEF9 09 ARE 61DUALS) As !e �ir ddb eC u F 97W .Ifp FAcft of 1908, and ine ai $ ` ar ectior s ` ?? an'd g.gV ees, as q As a rfo�dition fief he qnt , I certify that I will not enda�e in th use I o a and B. se0bslancbe �inn'con i ionina%Ao vi ?y Am e grant; an B. f convinced of a criminal druq offense resulting. fro violation occurring during the condct of any gpran t activity, report the conviction, in writing, within 10 caJ"endar daa of the to: De ailment o ustice, Office oTT Justice rograms, Conviction, Desk, 633 Indiana Avenue, N. W., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, FL 33444 2, Application Number and /or Project Name West Palm Beach Task Force 4. Typed Name and Title of Authorized Representative 3. Grantee IRS/Vendor Number Chief Anthony Strianese 5. Signature 6. Date Mayor, City of Delray Beach ATTEST: Approved as to form & legal sufficiency: VQ Li1G11116 1'L. L \VGV1, AOOL• V1LY ALLY. MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney /Police Legal Advisor THROUGH: City Manager DATE: August 28, 2013 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 K -9 SALE AND HOLD HARMLESS AGREEMENT ITEM BEFORE COMMISSION Commission is requested to approve an agreement between The City of Delray Beach and Officer Thomas Tolbert for the sale of the Police Department's K -9 "Karo" who is being retired from service as a police dog. BACKGROUND Due to the age and years of service, K -9 Karo is being retired from service as a police dog. This Agreement authorizes the sale of "Karo" to his former handler, Officer Thomas Tolbert, for $1.00. Officer Tolbert further indemnifies the City of Delray Beach for any damages caused by "Karo" after the sale. The City will not have any increased liability exposure due to this sale. RECOMMENDATION The Police Department recommends approval. K -9 SALE AND HOLD HARMLESS AGREEMENT THIS AGREEMENT entered into between The City of Delray Beach (hereinafter referred to as "CITY ") and THOMAS TOLBERT, (hereinafter referred to as "TOLBERT ") witnesseth that: WHEREAS, the City, through its Police Department, is desirous of retiring and selling an animal currently being utilized in the City's K -9 program, and animal being identified as follows: "KARO" German Shepherd (hereinafter referred to as "Canine "), and WHEREAS, TOLBERT is desirous of purchasing, keeping, training, and assuming full responsibility for Canine as a pet at his place of residence or other appropriate kennel facility, NOW, THEREFORE, for mutual consideration, covenants, and matters set forth herein, as of the date set forth below, the parties hereto do hereby agree as follows: 1. The City does hereby sell the Canine to TOLBERT on an "as is" condition for One Dollar and 001100 ($1.00) and other good and valuable consideration. 2. TOLBERT shall henceforth be solely and completely responsible for said Canine, including, but not limited to, providing for the care and maintenance (including all regular and veterinary expenses) for the remainder of the Canine's life; 1 3. TOLBERT shall defend, indemnify and hold harmless the City, its agents, officers, officials and employees from any and all claims, suit, causes of action or any claim whatsoever made arising from property damage and/or personal, bodily or mental injury to a human or animal caused or allegedly caused by the actions of said Canine as a result of or following the date of this Agreement. 4. In any action brought to enforce any provision of this Agreement, the prevailing party shall be entitled to the relief sought plus all costs incurred and reasonable attorneys' fees. 5. TOLBERT, by signing below, affirms that he has read and understands this Agreement and that he has been given the opportunity to have the attorney of his choice review this Agreement. 2013. THIS AGREEMENT made and entered into on this 0 day of August, By: --- k4,1/ THQ�K��-61-13ERT, Owner. STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this -21r day of August, 2013 by THOMAS TOLBERT, who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. l� Signature of NbMry ifc Seal: MUM KEx ►•atom • cann,. 8 , +, Zit CO"WOR �# EE :813512 ' lit 111ro�gk RMRli, E ATTEST: Cary Glickstein, Mayor City of Delray Beach City Clerk Approve to form and legal su ' 'bncy: Ca rine M. Kozo Asst. City Attorne MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney /Police Legal Advisor THROUGH: City Manager DATE: August 27, 2013 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 AMENDMENT NO. 1 TO THE AGREEMENT WITH STAFFING CONNECTIONS ITEM BEFORE COMMISSION The Police Department seeks approval of the attached Amendment to the Contract with Action Labor /Staffing Connections to perform crossing guard services for schools located within the City's jurisdiction. The City's contract, which is piggy- backed from Palm Beach Gardens contract, is up for the first of two options to renew for a period of one year. This Amendment renews the original contract of 2010 (attached) for one year and adds the new statutory required language regarding public records laws. BACKGROUND Since 2006, Action Labor (d/b /a Staffing Connection) has provided Crossing Guard services for the City. They have provided quality services, showed a constant concern for student safety and have always been very responsive to the City when scheduling or staffing changes have been needed. Further, the training that Action Labor provides meets not only the State of Florida Department of Transportation (FDOT) Standards and Guidelines, but the Company has been highly recommended by the Florida Department of Transportation Florida Crossing Guard Training Program Administrator, Providance Nagy as well. As this is an Amendment to the Contract, the rates will remain the same as the original contract in 2010. The rates will continue to be hourly and the costs are not to exceed $185,000.00 per fiscal year. Several years ago a surcharge was added to municipal parking tickets to offset the cost of this service. Last year's surcharge for fiscal year 2011 -2012 totaled $100,315.00 in revenue. FUNDING SOURCE Funds are available in account number 001 - 2115 -521- 34.90. RECOMMENDATION The Police Department recommends approval. AMENDMENT N0, 1 TO AGREEMENT BETWEEN STAFFING CONNECTION/ACTION LABOR MANAGEMENT, LLC AND THE CITY OF DELRAY BEACH THIS AMENDMENT NO. 1 to the Standard Form of Agreement dated September 6,L 7, 2010, is entered into this,�jday of August, 2013, by and between the CITY OF DELRAY BEACH ( "City ") and Staffing Connection /Action Labor Management, LLC. ( "Vendor ") WITNESSETH: WHEREAS, the Parties acknowledge and agree that the Agreement between the Parties dated September 7, 2010 is in full force and effect and that this Amendment merely supplements said Agreement; and NOW, THEREFORE, in exchange for the mutual covenants and promises set forth herein, the Parties agree as follows: 1. That the recitations set forth above are hereby incorporated as if fully set forth herein. 2. As per Paragraph 4 of the Standard Form of Agreement between the City of Delray Beach and the Vendor, the parties have agreed to exercise our option to renew the Standard Form of Agreement for one year from September 7, 2013 to September 6, 2014. 3. Vendor shall comply with all public records laws in accordance with Chapter 119, Florida Statutes, in accordance with State law. Vendor agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the City. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Florida Statutes, or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retain public records and transfer, at no cost, to the City all records in possession of the Vendor at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment being made to the Vendor. e) If Vendor does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with State law. 4. All other terms and conditions of the Agreement dated September 7, 2010, not expressly modified by this Amendment No. 1 shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this instrument under their respective seals the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: Chevelle Nubin, City Clerk Cary D. Glickstein, Mayor 4 Approved a§�,te Form and Lega Sta tency: STAFFING CONNECTION /ACTION Pr ame: "16111AJ61 07- ve- LABOR MANAGEMENT, LLC Am. .City Attorney o By,: Prin (Na a - Title: STATE OF FLORIDA COUNTY OF/k-1-47 � C4 .{ The foregoing instrument was acknowledged before me this day of 2013 by 2£.) a"vc'e, Q es1 de- aT-(name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a _ 1Al2-1,4-ef (state or place of incorporation) corporation, on behalf of the corporation. He1She is ersonall known to me or has produced (type of ideQtification)yps idenj}fication. Sigyfature of/Notdry Public - State WII MARITIA GOMEZ Nary public - State of Wide * My COMM. Expires Apt 27, 20il Cmmisibn # EE SOM SWW TAr * IRatl" =104100 0411 lorida STANDARD FORM OF AGREEMENT BETWEEN CITY AND VENDOR THIS AGREEMENT made this 7th day of September,_ 2019, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Staffing Connection/ Action Labor Management, LLC (hereinafter called VENDOR). WITNESSETH: The CITY and the VENDOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned VENDOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The VENDOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The VENDOR 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 VENDOR shall include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT (S) Standard Form of Agreement Corporate Acknowledgment Certificate Scope of Services Contract (Palm Beach Gardens) PAGE NUMBERS 1 -5 6 7 8 9 -13 5 IA CONTRACT DOCUMENTS (cont'd) PAGE NUMBERS Drug Free Work Place Certification 14 Insurance Requirements 15 4. The term of this contract shall commence upon execution of this agreement by both parties and shall continue for a period of three (3) years with the option to renew annually for up to two 2 additional years. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in farce. 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 136 NW 1 st Avenue Delray Beach, FL 33444 Facsimile: (561 ) 243 -7166 As to VENDOR: Action Labor Management, LLC, dlbla Staffing Connection 906 Osceola Drive, Suite 222 West Palm Beach, FL. 33409 Facsimile: (561) 683 -3262 7. The VENDOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the VENDOR shall not assign any moneys due or to become due without the prior written consent of the CITY. � . 8. The CITY and the VENDOR 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 ($10.40) and other valuable consideration, the VENDOR 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 VENDOR and any persons employed or utilized by the VENDOR in the performance of this Project. VENDOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. VENDOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by -laws, ordinances or regulations by the VENDOR, his subVENDORs, agents, servants or employees. VENDOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the VENDOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or r 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 VENDOR, his subVENDCR 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 VENDOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the VENDOR 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 VENDOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the VENDOR and may only be altered, amended or repealed by a duly executed written instrument. 12. The Parties agree and acknowledge that the CITY is "piggybacking" off of the contract between Action Labor Management, LLC dlbla Staffing Connection and the City of Palm Beach Gardens and that the terms and conditions of that agreement shall govern unless they are in conflict with the terms and conditions of this Agreement, and in that event, the terms and conditions of this Agreement shall govern. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTE T: City Clerk Approved as to form: City Attorney WITNESS: (Print or type name and title) C I � F ❑ LR� B�E�iC By; O T' May¢r r" VENDOR: BY: (Print or type name and title) (SEAL) CORPORATE ACKNOWLEDGMENT STATE OF 4- COUNTY OF �4-`��` The foregoing instrument was acknowledged before me this mss+ +day of , 20L D by_ L�Ck vy,,,. mVty— (name of officer or agent, title of officer or agent), of `d r, (state or place of incorporation) corporation, on behalf of the corporation- He/She is (personal/ k (or has produced identification) and has used his/her identification. (type of identification) as Signature of Per o aki g Acknowledgmi . Name of Acknowledger Typed, Printed or Stamped .MFR ■PUer.,_ IRIS HERNANDEZ +° • i Notary Public • State of Florida _ • = My Ion ExpkeeALM 13, 2of1 com"sw # aD 744434 STATE OF FLORIDA COUNTY OF CERTIFICATE (If Corporation) } } SS } 1. 1 HEREBY CERTIFY that a meeting of the Board of Directors of -.2 %C- -� LNO'kc - , a corporation under the laws of the State of _Ir Irr _ held on , , -Xr., j-,.A 20LO, the following resolution was duly passed and adopted: "RESOLVED ", that r as President of the corporation, he/she is hereby authorized to execute the Agreement dated 20Jo, between the City of Delray Beach, Florida and this rorporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation ". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this _day of C 24L. (Seer tary) (Seal) ariod. r the T LOCATION TIMES AM TIMES — PM # ❑F GUARDS Atlantic High h of W- Atlantic at the school W- Atlantic at Congress Ave. 0&30 -07:30 14:50 -15:20 1 0E:30 -07130 14:50 -15:20 1 Banyan Creek Barwick Rd./ Lake Ida Rd. 07:00 -08:00 14:05 -1440 _ 2 _ 1100 Barwick Rd. Eastside 07:00-08 00 14,05 -14:40 1 Sabal Lakes at the school 07:00 -08:00 14:05 -14:40 1 Carver Middle School Barwick Rd, 1W. Atlantic Ave 08:30 -09:30 16:00 -16:30 2 Orchard View Old Germantown Rd. at F -D- 5 07:05 -08:05 14:05 -14:40 1 W- Linton 1 Old Germantown 0705 -08:05 1405 -14:40 _ 1 Pine Grove 600 SW 10 St 07;05 -08:05 14:05 -14:40 1 SW 10 St 07:05 -08 :05 R 14 :05 -14:40 i _400 1100 SW 4 Ave 07:05 -08 :05 14:05 -14:40 1 Plumosa 2200 blk Seacrest at NE 22"d St 07:05 -08:05 14:15 -15:00 1 2500 blk Seacrest at school 07:05 -08:05 _ 14:15 -15:00 14:00 -14:30 1 Soadx NW 8 Ave t NW 3rd St 07:05 -08:05 1 NW 10 Ave 1 NW 3'd St 07:20 -08:05 14:00 -14:30 1 �...1 NW 10 Ave 1 NW 2nd St 07:20 -06:05 14:00 -14:30 Village Ac_adern SW 12 Ave 1 SW St 07:00 -07:45 14:30-14A5 1 _. COMPENSATION/ FEE PACKAGE: The City of Delray Beach will compensate Action tabor in the amount of $14.66 per hour for each Crossing Guard and $15.84 per hour for One (1) supervisor. Attachment "B" Palm Beach Gardens Contract AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND ACTION LABOR MANAGEMENT OF FLORIDA, LL C, dlbfa STAFFING CONNECTION THIS AGREEMENT is made and entered into by and between the City of Palm Boach Gardens, :a Florida municipal corporation, with offices located at 10544 North Military Trail. Palm Beach Gardens, Florida 33410. hereinafter referred to as "City', and Action Labor Management of Florida, LLC, dlbla Staffing Connection, a limited liability corporation, with offices located at 940 Osceola Drive, Suite 222, West Palm Beach, Flonda 33449, hereinafter referred to as `Contractor. WHEREAS, the City desires to retain the services of the Contractor to provide school crossing guard services in accordance with the City's Request for Proposal Number 2010 -043 dated June 7, 2010, and the Contractor's response thereto, all of which are incorporated herein by reference NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF R1=P The terms and conditions of this Agreement shall include and incorporate the terns, conditions, and specifications set forth in the City's Request for Proposal far Crossing Guard Services dated June 7, 2010, RFP Number 2010--043 ('RFP'), and the Contractor's Response to the Request for Proposal, including all licenses, insurance, bonds, and other documentation required hereunder ARTICLE 2 TERM OF AGREEMENT The term of this Agreement shall be two (2) years commencing on August 17, 2014, and expinng on July 31, 2012. The City reserves the apbon to extend the term of this Agreement for three (3) additional two (2) year terms, providing both parties agree to the extension and such extension is approved by the City. ARTICLE 3. SCOPE OF SERVICES The Contractor shall perform those services identified in the specifications accompanying the City's RFP, which are incorporated herein by reference. ARTICLE d. COMPENSATION The City shall pay to the Contractor a sum not-lo-exceed $345,688.20 annually, according to the terms and specifications of the referenced RFP. ARTICLE 5 INVOICES AND PAYMENT A. Invoices. The Contractor shall submit invoices to the City on a weekly basis, as set forth in the Specifications. Payrnant. The Crty shall pay each invoke in accordance with the Florida Prompt Payment Act (Section 218 70, F.S., et W.). Unpaid invoices shall bear interest as provided in the Act. ARTICLE B. TERMINA IQN This Agreement may be terminated by the City, with or without cause, upon providing written notice to the Contractor. This Agreement may be terminated by the Contractor upon thirty (30) days' prior written notice to the City. Upon any such termination, the Contractor waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for services rendered through the date of termination in accordance with the terms of this Agreement ARTICLE 7_ INDEMNIFICATION The Contractor recognizes that it is an independent contractor and not an agent or servant of the City. In the event a claim or lawsuit is brought against the City, its officers, employees, servants, or agents relating to or arising out of the Contractor's performance under this Agreement, the Contractor hereby agrees to indemnity, save, and hold harmless the City, its officers, employees, servants, or agents and to defend said persons from any such claims, liabilities, causes of action, and judgments of any type whatsoever. ARTICLE 8. INSURANCE The Contractor agrees to obtain and maintain in full force and affect all required insurance as set forth in the RFP throughout the term of this Agreement and any extensions thereof. A. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), retum receipt requested, to the following addresses' As to the City- City of Palm Beach Gardens Attention: City Manager 10500 North Military Trail Palm Beach Gardens, Florida 33410 Facsimiie (561) 7994111 with a copy to City of Palm Beach Gardens Aa.nfron: City Attorney 10500 North Military Trail Palm Beach Gardens, Florida 33410 Facsimile: (561) 799-4139 As to the Contractor: Action Labor Managemont LLC, d /Wa Staffing Connection Attenti on: Karen Hoover, President! CE❑ 900 Osceola Crive, Suite 222 West Palm Beach, FL 33409 Facsimile: (561) 683 -3262 B. Fgual Opportunity. The City and the Contractor agree that no person shall, on the grounds of race, color, gender, national origin, ancestry, marital status, disability, religion, creed, or age be discriminated against in the performance of this Agreement. C. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns D. Ass- nability. This Agreement may not be assigned without the prior written consent of both parties to this Agreement. E Severability If any part of this Agreement is contrary to, prohibited by, or deemed invalid under applicabie law or regulation, such provision shall be inappl"bie and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. F Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Flonda without regard to any contrary conflicts of law principle. Venue for all proceedings in connection herewith: shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue G Heading s. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. H Services. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement, and accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more sirictiy against one party than the other, and every covenant, term, and provision of this Agreement shall be conatru*d *imply according to ita fair moaning, I. Attorney's Fees. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance ►*nth this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, the non-prevailing party pay to the prevailing party reasonable attorney's fees and costs. including appellate fees and costs. J _ Effective Date. The effective date of this Agreement shall be as of the date a has been executed by both the parties hereto K. Entire Atlreetrient. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof, (The remainder of th s page rntentionalN left hunk) a IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter wrFtten. Executed by the City this r* day of .•L .2010. CITY OF PALM BEACH GARDENS, FLORIDA a Florida municipal corporation Sy David , Mayor ATTEST.* Patricia Snider, C C, City Clerk f APPROVED AS TO FORM LEGAL SUFFICIENCY: By: R. Ict Cohrnan, City Attomey Executed by the Contractor this '-*)C) day of ►1 -e— , 2010. ACTION LABOR MANAGEME T OF FLORIDA, LLC, dlbia S NG CONNECTION, a Ii liability corporation By: WITNESS � I Print Name: By: Print N r, PresidenVICEO (CORPORATE SEAL) G 4aornay _•haretiAGRfEt�aE1lTSarsfrq gwwd agfwnant • staffing cannoalpw - 2010 6ocs 110 Attachment "C" Drug Free Work Place Certification RRYO FREE WORKPLACE CERTIFICATION CITY OF RELRAY REACH As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug -free workplace through implementation of this section. ti Contract Name V_ ' 'z2 Signature G Attachment "D" insurance Requirements Staffing Connection /Action Labor Management LLC Agreement – Insurance Recluirement s Commercial General Liability Insurance: Shall be provided and maintained on the most current ISO Occurrence Form, or equivalent, to cover legal liabilities arising from premises and operations, independent contractors, contractual (indemnification) agreements, products and completed operations, liquor liability —, personal injury to include libel or slander, and ?CCU" exposures as required by the work to be performed under this Contract, unless waived by the City. The combined bodily injury and property damage limits shall not be less than $1,000,000 per occurrence with an annual aggregate of $2,000,000. Excess insurance may be provided and maintained to satisfy this insurance requirement. Contractor will notify the City if incurred losses covered by this insurance exceeds 75% of the annual aggregate limit. *"Certificate must specifically state this coverage if applicable. Automobile Liability Insurance: Shall be maintained in accordance with the laws of the State of Florida to cover the ownership, maintenance and/or use of all owned, non- owned, or hired vehicles as required by the work to be performed under this Contract. The combined bodily injury and property damage limit shall not be less than $300,000 per occurrence. Excess insurance may be provided and maintained to satisfy this insurance requirement Workers' Compensation Insurance: Shall be provided and maintained in accordance with statutory requirements of the State of Florida. Included shall be Employee's Liability Insurance to protect against on -the -job injury or illness which may not fall within the provisions of the Florida State's Workers' Compensation Law. The limits shall be no less than $500.000 each accident, and an occupational disease limit of $500,000 per employee /$500,000 aggregate. NOTE. If any of the contracted work will occur over, near or contiguous to any navigable bodies of water, this insurance coverage shall be endorsed as per the US Longshore and Harbor Workers' Act and Merchant Marine Act (Jones Act). Additional Insured: The City of Delray Beach shall be included as an additional insured by way of the most current ISO endorsement, or its equivalent, on the contractor's liability insurance policies required under this Contract Evidence of Insurance: Prior to the commencement by Contractor or subcontractor of any wont under this Contract, the City must receive and approve Certificates of Insurance evidencing the insurance coverages and requirements as required by this Contract. Certified copies of the policies will be provided if requested by the City. Renewal Certificates shall be provided to the City at least ten (10) days prior to the expiration of any policy. If at any time the Contractor fails to maintain, or provide evidence of insurance coverage required by this Contract, all work may be halted by the City. The City, at its option, may procure and maintain such required insurance and demand from Contractor reimbursement of premiums paid, including reasonable interest until the reimbursement is recovered from the Contractor by the City. Cancel lation /Changes)Renewa I : At least thirty (30) days written notice must be given to the City of any cancellation, intent to non - renew, or material reduction or change in insurance coverage- Primary Policies. The Contractor's insurance will be primary to the City's insurances or self insurance programs. 15 A � " CERTIFICATE OF LIABILITY INSURANCE 9;2;201' PRODUCER (407)894-5431 FAX: (407) 629 -6378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Kuykendall Gardner ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1560 Orange Ave Ste 750 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Winter Park FL 32789 INSURED Action Labor Management., LLC; Action Labor of Florida,LLC; Action Labor of the Carolinas,LLC 900 Osceola Drive, Suite 222 West Palm Beach FL 33409 COVERAGES INSURERS AFFORDING COVERAGE NAIC # INSURER A: Illinois National Insurance 23817 INSURER B: Crum FA Forster Indemnity Co 42471 INSURER C: Scottsdale Ins Co 41297 INSURER D THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OFSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICYHUM6ER POL9=;1 LICY EXPIRATION TYPE OF INSURANCE LIMITS GENERAL LIABILITY EACH OCCURRvE�N�CE S 2,000,00 X COMMERCIAL GENERAL LIABILITY MA E XED PREMISES E8 EE! rrerlce 5 50,000 A X CLAIMS MADE ti l OCCUR IGL4572304 1/1/2010 1/1/2011 MEDEXP (Any One Poson) $ 5.000 PERSONAL 8 ADV INJURY S2,000,000 GENERAL AGGREGATE $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG S 2 000 000 POLICY PRO X LOC AUTOMOBILELUIBIUTY COMBINED SI NGLE L I M IT $ 1,000,000 X ANY AUTO (Ea acaderd) BODILY INJURY B ALL OWNEOALTOS 1337288769 1/1/2010 1/1/2011 S (Perpomon) SCHEDULED AUTOS BODILY INJURY HIRED AUTOS S (Per acadern) . NON -OMED AUTOS - PROPERTY DAMAGE $ Per aeadem) GARAGE 1JABILJTY AUTO ONLY - EA ACCIDENT $ $ ANY AUTO OTHER THAN EA ACC S AUTO ONLY AGG EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE S 2 000 000 S 2 000 000 OCCUR _^ CLAIMS MADE AGGREGATE S $ C DEDUCTIBLE X:LS0064255 1/1/2010 1/1/2011 ._ $ X , RETENTION S D A WORKERS COMPENSATION X 1CRY LIMITS OTH- EEL- AND EMPLOYERS'LABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE E. L, EACH ACCIDENT S 1,000,000 OFFICERIMEMSER EXCLUDED? N (Mandatory lANH) WC000834381 11,12010 1�1�2011 E. L. DISEASE -EA EMPLOYE S 1 000 000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS City of Delray Beach is noted as Additional Insured on the Can Liab, as respeCts to claims Arising out of the temporary employees provided by Action Labor, as required by written contract between Action Labor & City of Delray Beach. Work Camp insurance referenced herein covers injuries sustained by Action Labor Mgmt LLC employees working as Temporary Employees for City of Delray Beach. *10 Day Notice of Cancellation applies for Non - Payment of Premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE THE EXPIRATION City of Delray Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MASL 30* DAYS WRITTEN 100 NW 1st Atlantic Avenue NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL Delray Beach, FL 33444 IMPOSE NO OBLIGATION OR LIABIL3TY OF ANY It1N6 UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ronald Taylor, CPCU, r 7 ACORD 25 (2009101) �D 1988.2009 ACORD CORPORATION. All rights reserved. INS025(2DM1) The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement[sy. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009101 ) INS025 (2W901) MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Interim Director of Parks and Recreation THROUGH: Louie Chapman, Jr., City Manager DATE: August 23, 2013 SUBJECT: AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 GRANT APPLICATION TO FRDAP FOR POMPEY PARK POOL ITEM BEFORE COMMISSION City Commission approval is requested to submit a grant application in the amount of $178,350 to Florida Recreation Development Assistance Program ( FRDAP) for funds to redesign the wading pool at Pompey Park Pool. BACKGROUND Pompey Park Pool, located at 1101 NW 2nd Street, was rebuilt in 1995 to its current configurations which includes a building with an office, bathroom facilities, showers, locker rooms, a wading pool and the main pool. Over the years, the pool has undergone some upgrades, but one area that was left untouched is the kiddie or wading pool area. While the main pool is ADA compliant with an accessible chair lift, with the new American with Disabilities Act taking effect January 2013, we need to address not only the desire to have a more well- rounded pool for a larger number of patrons and families, but the accessibility requirements for the wading pool with which we are currently not in compliance. The US Department of Justice (US DOJ) recently adopted expanded guidelines for public pools as part of the ADA. These new guidelines specifically state that "a wading pool is a pool designed for shallow depth and is used for wading ". Each wading pool must provide at least one sloped entry into the deepest part. We do not have a sloped entry for the wading pool. The scope of the Pompey Park Pool project is to reconstruct the wading pool into an interactive, zero depth entry, water recreation area which would include spray and splash park components, shaded bench seating, water fountains, large umbrellas called " Fubrellas" and fencing. This new concept would vastly improve the usability of this underutilized wading pool. It will attract families with younger children who may have not learned to swim, large groups and non - profit organizations, pool parties and even tourists who are looking for activities to do with their families. We even can anticipate increased revenue. The total estimated cost is $356,500 of which $178,250 will be requested from FRDAP. FUNDING SOURCE Funding for this project is planned for FY 2013 -2014 ($46,500) and FY 2014 -2015 ($310,000) in the Capital Improvement Program. RECOMMENDATION The Parks and Recreation Department recommends Commission approval to apply for the FRDAP grant. FL GRI ®A RECREA TION DEVEL OPMENT ASSISTANCE PROGRAM 24'4 -2015 GRANT APPLICA TION PA CKA GE Florida Department of Environmental Protection Office of Operations Land and Recreation Grants 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399 Information Line (850) 245 -2501 FACTS ABOUT FRDAP WHAT IS FRDAP AND HOW IS IT ADMINISTERED? The Florida Recreation Development Assistance Program (FRDAP) is a competitive program which provides grants to local governmental entities for acquisition and development of land for public outdoor recreation use or to construct recreational trails. The Florida Department of Environmental Protection (DEP), Office of Operations, Land and Recreation Grants administers FRDAP. The FRDAP Administrative Rule can be downloaded at.www. dep. slate. 17. us /parks /oirs.. WHO MAYAPPLY FOR FRDAP FUNDS? Municipal and county governments or other legally constituted entities with the legal responsibility to provide public outdoor recreation. WHAT IS THE GENERAL APPLICATION INFORMATION? A proposed FRDAP project must be for one of the three following categories: acquisition of land for public outdoor recreational purposes, development and /or renovation of land for public outdoor recreational purposes, or construction and /or renovation of a public recreational trail. If an acquisition project receives a FRDAP grant, the applicant must develop the acquired site for public outdoor recreation use within three (3) years. HOW DO I APPLY? Applicants must submit a completed FRDAP Grant Application during an announced submission period. Applicants may submit up to two applications during the submission period. Each agency may only have a total of three (3) active projects, including any applications being submitted. Applications must involve only one project site except for acquisition or development of salt water beach access. DEP evaluates applications on the basis of the information provided by the applicants, except where such data is superseded by official DEP information. Failure by an applicant to present all required application information and documentation may result in the application being declared ineligible for funding consideration, or may result in a loss of points from the applicant's competitive score. A Talication will be evaluated and scored based on the information submitted by the end of the submission Deriod. Applicants must submit three copies (1 original and 2 copies) of the completed application and all supporting documents during the announced submission period of (September 16, 2013, through September 30, 2013). Please use a soft covered binder, no HARD 3 -ring binders. To facilitate review and scoring, please tab all exhibits. ANYAPPLICATIONS SUBMITTED WITHOUT EXHIBITS BEING TABBED, WILL BE SENT BACK TO THE APPLICANT AND ASKED TO BE TABBED OR WILL BE CONSIDERED INELIGIBLE. Applications must be postmarked NO LATER THAN September 30, 2 013, and submitted to: DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF OPERATIONS LAND AND RECREATION GRANTS 3900 COMMONWEALTH BOULEVARD, MAIL STATION 585 TALLAHASSEE, FLORIDA 32399 -3000 FPS -A033 Page 3 of 32 If you plan to prepare this document by retyping or downloading it to your computer, the language and format used must exactly match this application. You may request an electronic application by e- mailing: Rita. Ventryk4ep.state.fl.us;. or Mary.Ann.Lee(a—)dep.state.fl.us. or visit our web site at:. www.dep.state.fl.us %narks /oirs WHAT IS THE MAXIMUM GRANT AMOUNT? Maximum grant funds an applicant may apply for is $200,000 GRANT MATCH RATIOS. (Based on the grant cap of $200,000) Proiect Cost State Share Grantee Share $50,000 or Iess 100% 0% $50,001 to $150,000 75% 25% $150,001 up to $400,000 50% 50% Project Cost = State Share + Grantee Share Refer to Chapter 62D- 5.055(4), F.A.C. for complete information on match requirements and match types. WHAT CAN 1 USE TO MATCH A FRDAP GRANT? *Cash *Land value of undeveloped land owned by applicant (subject to conditions) *In -kind services HOW ARE FRDAP GRANTS AWARDED? Each application is reviewed to determine eligibility. The Office of Operations, Land and Recreation Grants Section evaluates each eligible application according to Florida Administrative Code and assigns a final score. Based on the scores, DEP prepares and submits a recommended priority list to the Florida Legislature for funding consideration. The Department's performance and obligation to award program grants is contingent upon an annual appropriation by the Florida Legislature. Should the project receive funding, the .grantee will have up to three (3) vears from the start of the state's fiscal vear in which funds are appropriated to complete the proiect or funds will revers. If questions arise while preparing the application, please contact the Land and Recreation Grants Section at 8501245 -2501. FPS -A033 Page 4 of 32 wa�w NW 3RD s7i 1 minks ■ R I - V y � f ; ID � 1 O 4 r O C14 t , ■ , - 0 44 +p• �.1 r 3 �;•.. atii• , , y f � T Puri , o_ f C, NW 1: °L ST. Amokf CITY of DELRAY BEACH POMPS PARK DATE:08/11/2009 °d ENVIRONMENTAL SERVICES DEPARTMENT ® ®� 434 SOUTH SWNTON AVENUE, DELRAY BEACH, FLORIDA 33444 2009 -200 1 of 1 L:� Handicap Water Funbrella Fountain MHP ♦ Zero Depth L°"°geS Splash Pool POMPEY PARK POOL 0 ©' Picnic Table Components (Examples) 4-q, 't (Tti ;i Luungcs NIE19 r Funbrella & Picnic Tables Primary: Splash Pool Components Funbrella & Lounges Fence Opening Handicap Water Fountain Existing Swimming Pool Fencing Fence opening 14 Fencing Fence opening Tent v Secondary: 3— Funbrellas 5 Tables and Chairs 2— Handicap Fountains 2— Parking Spaces Fencing Fx sling Diving l hard 0 0 N W S .. + 0 Handicap Parking Spaces F MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Interim Director of Parks and Recreation THROUGH: Louie Chapman, Jr., City Manager DATE: August 23, 2013 SUBJECT: AGENDA ITEM 8.1 - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 GRANT APPLICATION TO FRDAP FOR VETERANS PARK PLAYGROUND ITEM BEFORE COMMISSION Request Commission approval to apply for a Florida Recreation Development Assistance Program ( FRDAP) reimbursable grant to replace the playground at Veterans Park. BACKGROUND Veterans Park is located in a picturesque setting on the Intracoastal Waterway just north of the main thoroughfare- Atlantic Avenue. The park contains a Veterans War Memorial, a recreation center for young children through adults and senior citizens; shuffleboard and lawn bowling courts; a gazebo for parties, weddings, and bands; and two (2) large playground structures that were built in 1994 by volunteer groups, parents and organizations. The area that has been identified as currently having the greatest need in Veterans Park is the existing wooden playground structures. This playground needs to be completely rebuilt in order for it to continue being a haven for young people, as it has been for over the past 18 years. The task of trying to maintain this playground utilizes many man hours and the ability to repair elements has become difficult times. In order to rebuild this playground to meet the current American Society for Testing and Materials (ASTM) and Americans with Disabilities Act (ADA) Standards regarding accessibility and safety criteria, funding is essential. The scope of the Veterans Park playground project is to remove the existing playgrounds; reinstall one (1) playground system -one for ages 2 -12 which utilizes a variety of materials, shapes and textures to provide different experiences in movement, climbing, interaction, socialization, and communication. Benches, water fountain, a bike rack, lighting fixtures, picnic tables and fencing are also included in this proj ect. The total estimated cost is $277,000 of which $138,500 will be requested from FRDAP. RECOMMENDATION The Parks and Recreation Department recommends Commission approval to apply for the FRDAP grant. FL GRI ®A RECREA TION DEVEL OPMENT ASSISTANCE PROGRAM 24'4 -2015 GRANT APPLICA TION PA CKA GE Florida Department of Environmental Protection Office of Operations Land and Recreation Grants 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399 Information Line (850) 245 -2501 FACTS ABOUT FRDAP WHAT IS FRDAP AND HOW IS IT ADMINISTERED? The Florida Recreation Development Assistance Program (FRDAP) is a competitive program which provides grants to local governmental entities for acquisition and development of land for public outdoor recreation use or to construct recreational trails. The Florida Department of Environmental Protection (DEP), Office of Operations, Land and Recreation Grants administers FRDAP. The FRDAP Administrative Rule can be downloaded at.www. dep. slate. 17. us /parks /oirs.. WHO MAYAPPLY FOR FRDAP FUNDS? Municipal and county governments or other legally constituted entities with the legal responsibility to provide public outdoor recreation. WHAT IS THE GENERAL APPLICATION INFORMATION? A proposed FRDAP project must be for one of the three following categories: acquisition of land for public outdoor recreational purposes, development and /or renovation of land for public outdoor recreational purposes, or construction and /or renovation of a public recreational trail. If an acquisition project receives a FRDAP grant, the applicant must develop the acquired site for public outdoor recreation use within three (3) years. HOW DO I APPLY? Applicants must submit a completed FRDAP Grant Application during an announced submission period. Applicants may submit up to two applications during the submission period. Each agency may only have a total of three (3) active projects, including any applications being submitted. Applications must involve only one project site except for acquisition or development of salt water beach access. DEP evaluates applications on the basis of the information provided by the applicants, except where such data is superseded by official DEP information. Failure by an applicant to present all required application information and documentation may result in the application being declared ineligible for funding consideration, or may result in a loss of points from the applicant's competitive score. A Talication will be evaluated and scored based on the information submitted by the end of the submission Deriod. Applicants must submit three copies (1 original and 2 copies) of the completed application and all supporting documents during the announced submission period of (September 16, 2013, through September 30, 2013). Please use a soft covered binder, no HARD 3 -ring binders. To facilitate review and scoring, please tab all exhibits. ANYAPPLICATIONS SUBMITTED WITHOUT EXHIBITS BEING TABBED, WILL BE SENT BACK TO THE APPLICANT AND ASKED TO BE TABBED OR WILL BE CONSIDERED INELIGIBLE. Applications must be postmarked NO LATER THAN September 30, 2 013, and submitted to: DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF OPERATIONS LAND AND RECREATION GRANTS 3900 COMMONWEALTH BOULEVARD, MAIL STATION 585 TALLAHASSEE, FLORIDA 32399 -3000 FPS -A033 Page 3 of 32 If you plan to prepare this document by retyping or downloading it to your computer, the language and format used must exactly match this application. You may request an electronic application by e- mailing: Rita. Ventryk4ep.state.fl.us;. or Mary.Ann.Lee(a—)dep.state.fl.us. or visit our web site at:. www.dep.state.fl.us %narks /oirs WHAT IS THE MAXIMUM GRANT AMOUNT? Maximum grant funds an applicant may apply for is $200,000 GRANT MATCH RATIOS. (Based on the grant cap of $200,000) Proiect Cost State Share Grantee Share $50,000 or Iess 100% 0% $50,001 to $150,000 75% 25% $150,001 up to $400,000 50% 50% Project Cost = State Share + Grantee Share Refer to Chapter 62D- 5.055(4), F.A.C. for complete information on match requirements and match types. WHAT CAN 1 USE TO MATCH A FRDAP GRANT? *Cash *Land value of undeveloped land owned by applicant (subject to conditions) *In -kind services HOW ARE FRDAP GRANTS AWARDED? Each application is reviewed to determine eligibility. The Office of Operations, Land and Recreation Grants Section evaluates each eligible application according to Florida Administrative Code and assigns a final score. Based on the scores, DEP prepares and submits a recommended priority list to the Florida Legislature for funding consideration. The Department's performance and obligation to award program grants is contingent upon an annual appropriation by the Florida Legislature. Should the project receive funding, the .grantee will have up to three (3) vears from the start of the state's fiscal vear in which funds are appropriated to complete the proiect or funds will revers. If questions arise while preparing the application, please contact the Land and Recreation Grants Section at 8501245 -2501. FPS -A033 Page 4 of 32 4 41- on-"T- /If�� , :� @ E @ ` \ \ --.x L -j _16 'Ir �l MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Interim Director of Parks and Recreation THROUGH: Louie Chapman, Jr., City Manager DATE: August 26, 2013 SUBJECT: AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 LANDSCAPE MAINTENANCE AGREEMENT RENEWAL/ SPORTS TURF ONE ITEM BEFORE COMMISSION Parks and Recreation is requesting City Commission to approve the renewal of Bid No. 2011 -19, Landscape Maintenance Annual Contract of Sports Turf One for the Seacrest Soccer Complex and Hilltopper Stadium. BACKGROUND On September 20, 2011, City Commission awarded this Landscape Maintenance Contract to Sports Turf One for the Seacrest Soccer Complex and Hilltopper Stadium for $77,148.00. Sports Turf One has successfully fulfilled the terms of this contract for the past two years. If renewed, this would be the third consecutive term and therefore, the third and final year before the contract would go out for rebid. FUNDING SOURCE Funding is available in account 001- 4131 -572 -34.90 (General Fund: Other Contractual Service) for FY 2013 -2014. RECOMMENDATION The Parks and Recreation Department recommends the Commission approve the renewal of Bid No. 2011 -19 to Sports Turf One. I;, � U�l I DELRAY BEACH All-America City i993 �nni Burdell A. Haverland, President Sports Turf One, Inc. 9819 State Road 7. Boynton Beach, Florida 33472 August 20, 2013 REF: Bid #2011 -19 — Landscape Maintenance — Seacrest Soccer Complex and Hilltopper Stadium 2nd (1) Year Renewal Option Annual contract Dear Mr. Haverland; The annual contract for the above referenced Bid expires on October 02, 2013. Per page #4, Section 20 "Renewal" of the General Conditions of this bid package, "The City may renew the contract, at the same terms, conditions, and prices for three consecutive terms of one (1) year subject to vendor(s) acceptance, satisfactory performance and determination that renewal will be in the best interest of the City ". Please advise if this second extension of your executed contract at prices dated October 4, 2011 would be acceptable. Please respond by signing below and returning one copy to my attention, Patsy Nadal, Purchasing Division, City of Delray Beach, 100 N.W. 16t Avenue, Delray Beach, Florida, 33444 or by fax (561) 243 -7166 or email: nadal(a-pmydelraybeach.com. Sincerely, Patsy Nadal, Purchasing Manager )�-'I hereby agree to the one (1) year extension of the subject Bid ❑ 1 am unable to provide a one (1 ension of the subject Bid Signature Date Sco --n- {- ,&,ytyt.coq -u-� Name (print) cc: David Boyd, Finance Director Tim Simmons, (Acting) Park and Recreation Director Senovain Stephens (Acting) Parks Maintenance Superintendent Sherry Dungey, Executive Administrative Assistant CITY OF DELRAY BEACH 100 NW V AVENUE, DELRA'Y BEACH, FL .33444 Bid No. 2,011 -1.9 LANDSCAPE MAINTENANCE SEACREST SOCCER COMPLEX. *HILLTUPPER STADIUM. ANNUAL CONTRACT MAYOR. VICE MAYOR DEPUTY VICE.MAYOR COMMISSIONER COMMISSIONER CITY MANAGER NELSON S. McDQFFIE - ANGELETA .GRAY - THOMAS C.ARNEY FRED FETZER - ADAMERANKEL -DAVID HARDEN Purchasing Division+ Finance Department +[561) 243-7161/7163 *Fax (561) 243 -7166 CITY OF DELRAY BEACH skl No. 2011 -19 Landscape Maintenance Sencrest Soccer Complex + Hilltopper Stadium Annual Cootract Tabl6 of Contents Invitation To Bid: General. Conditions, Instruct Qns and Information Standard Form Of Agreement Corporate Acknowledgement 1� Certificate (if Corporation). 12, Insurance Requirements 13 Sample Insurance Forks 14-16 drug. Free Work Place Certification 17 Specifications 18 - 21 4etailed Specifications :22- 23 General Use of Chcm'irals 4 Schedule of Pricing 25 I quipmeni List 26 Work References 27 Bid Signature Form 26 Statement Of No Bid 29 CITY OF DELRAY BEACH PurchxsWgi)iivis on +F nance,DepaMpt!nt.*(S61) 243 - 716117163 +Fai.(S61) 241-7166 INVITATION TO BID Bla NO.: 2011 -19 TITLP-, Land:scap.e WiIntenance S.eaclrest Soccer CompfeX DATE: July, 05 2011 H litopper Stadium Annual contract BlID& BUST BB RECEIVED ON OR BEFORE; Wednesday, August 03' 2011 orior to 11;00 A.N1., at whii'ch time all blds wiili be pull lciy opened and read. INVITATION TO BIB This invitation to. Bid, :General Conditions; lhi §ttuction.s to Bidders, Special Conditions, Specifieatic :rt's; Addeod'a . and1& any pertinent document form a part of this bi,d and by reference are made'a part the PLiRF*0$E If is tli.e purpose and intent of this .Invitaiton to secure bids for item(s) and /or services as listed. herein for the City of Delray Beach, Florida, hereinafter called the CITY SEALED t31QS Sealed bids will l be received in the Purchasing (Office iunfil: the, date and' time as indicated above. Bids WU be opened publicly in City Half and alf.bidders and general public are invite. d:and' encouraged to attend„ All _bids shall; be submitted '.in sealed envelopes,, mailed' or delivered to the City of Delray Beach, Purchasing QfFce, 100 NW 1�t Avenue,, Delray.Beac'h, Florida, 33444. Outside of envelope shall plainly identify bid by; BID NUMBER., TITLE, AND DATE OF 81IJ-0PENING., MADATORY PRE -6iD CONFERENCE: THURSDAY, JULY 14,201.10: 10.M A:M. The confer0ce will WKe at the City of Delray Beach City. Hall lacation; in the First Floor Conference Room, 100 NW. 1St Avenue,, Delray Beach; FL,,. 33444. -the purpose of the pre -bid conference is to ensure that the bid provides enough inforrmatioh from 'which to submit pricing. for services :requested and to ensure clarity for prospective bidders_ It is the sole responsibility of t'he bidder to ensure, that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above.. RETURN ONE (1) ORIGINAL AN ONE. (1)' COPY OF bfD SHEETS. Any failure on the_ part of the supplier to comply with the ensuing conditions and spedfications sh -al.l be reason forterrnination of contract_ CITY'S AGCEPTANCE :. Unless otherwise specified herein, the bidder w.;Il allow a mininiurin.rf sixty (60) days from the last date for receiving of bids for acceptance of its bid by the City Manag.E�r and/or City Commission_ AWAM): The City reserves the right to waive minor varia:tio.ns to specifications, informalities,, irregularities and technicalities in any bids, to reject any and ali 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- GENEE+.AL CdN'1]iTU3Ns, INSTRUCTIONS ANT) INFORMATION FOR. BIDDERS 1_ 5i1;F3MIL5SION AND REGEIPTOF BiDS:: A_ Bids; to, receive consideration, ,must be received. Odor t4 the sp%ifed' 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 Ir vitati'bh: To laid. Failure to dq so may cause your Wd to be rejected. However, you may attach supplemental iniorhiation. C,. Bids having: any erasures or corrections MUST be initialed by bidder jn ink, Bids shall be signed in ink.. All prices shall bO.Jypewritteh offiiled in With pen and ink. Zl. Ail bids MUST .be signed with . the 'firm naive and by an officer or employee 'tiaviri:g the authority to bind the company or firm by hWh.er signature- QUANTITIES OR USAG :E. Whenever a bid 'it, solicited socRing, a source for a specified time for materials'. or servVLe5 in the quantities or Usage shown, these quantifies ai- estimated q. Rly. Na guarantee or warranty is given or' Implied by the City of aelcay Beach as to'the total amount that may or may not be purchased fForn any resulting, contracts, These quantities ara; for bidders' information only and will be used for tabulation and presentatinri of bid.. A. Bidder :warfants. by virtue of bidding that prices; terms, and conditions. quoted in his bid Will be firm for acceptance fon.a. period of sixiy (60) days from the date of opening unless otherwise stated by fie City' or bidder_ B. Prices should be stated in units; of quantity specified rn the bidding speelflicatiions, 4n ease of discrepancy in compiuting the. amount of'th bid,, the unit prices) quoted will g;overrt.: C. Consideration in awarding; bids for term contracts will be .given first to bidder offering firm prices subject to marXet price reduction and second to bidder offering firm prices tors full contract period. If at a.ny time: during the penod of Ns contract,. they City of Delray Bleach is able to purchase the items arndlor services at prices less than our contract price, the successful bidder shall meet these prices and in the event of hl ; failure to d'o sot the City of Defray Beach may negotiate for anew contract on the open ,marget., f The City .reserves: the right to purchase items on state epntract 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 'discqunts will. not' be considered in determining the lowest, net cost for bid evaluaVon purposes; Bidders shou;ld reffect any discounts tQ be considered in the bid evaluation in the rinft prices bid. 4; DELIVERY: A, All items shall be delivered: .F.Q,E; destination, and delivery costs and charges included in the bid price. Failure to do so may -be cause for rejection at bid, B. Time will be of the' essence for arty orders placed as a resuit of this bid: Purchaser :reserves; the right to cancel such orders; .or any part thereof, without .obligation if d.edlivery is not made at the time(s) specified on bid form. 2 1 P a S. BRAND NAMES, If'and wheneVer In the specificatiorns a brand narm% .make, name of airy manufacturer;. trade nameT or mender catalog number i',s mentioned., it is for the purpose of establisliirlg a grade or quality of rriatenal: drily. - ;Siri.c,e: the City does:no.t wish to rule out other comp: etition and equal brariiis or make, the phrase O.R. EQUAL. is added, However, if .a product other than that specified is bid,, it is the veridor''s responsibilityfq name: such ,product %within his bid and to prove to, the City that, s:uoh:prbduct, is: equal to that.specified_ 6; QUALITY: All. materials used for the manufacture or GOnsfruction; of any supplies„ materials, ar equipment - covered by this hid'-hall ibe new.. The items bid :rnust he new,, tale latest model, of the best quality, and highest grade workmanship, i. SAMPl -rS :: ,Samples', when requested, roust ve furnished free of expense fib the city and if not used: iR tes�og or d estroyed, will upon tpquest within thirty. (3c) days of bid award be returned at',bidder's exp'en$e. AcCBPTANCE,. The mate.riaf def vered . under this proposal shall remain the 'property of the seller' unf l al physical ihspectiori andl actual usage: of this material andfor 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 speoificafians and ofthe :highest quality_ In the event the material and /or services supplied to the City Is found to �e defective or. does: not conform to specifications, fhe City reserves: the rigbt to cancel the order upgn written. notice to. the ,self er and retu n.product to seller at the seller's expense. sr OFFAUL.T PROVISION in case of default by the 'Eisdder or contractor, the Gi>y of Delray Beach may procure the article or services fr6m other Sowrces and hold the bidder or contractor 'responsible: for any excess costs occasioned or incurred thereby. CQ:pYkIGHT'S OR PA,Tk=N RIGHTS; Bidder warrants that there has been no violatiort.of copyrights or patent rights h .rrianufactuting, producing, or selling' the goods shippod or ordered as a result of this b.id, arid' seller agrees, tQ hold the City harmless from any and all liability, loss, or expense occasi(I eed by any such violation. 11, COMPLIANCE. WITH. SAFETY STANDARDS :. A_ All equipment, :machinery, electrical a;pplianms, cords and appafatos shall comply with all provisions of the Flotlda State Safety Standards. B. Whenever a bid 19. sought and' serVices' secured: for any. type pf on 61te constpuction the awarded bidder shall remove frgrn the world site at the end "of each warking day all rubbish and waste ..debris resulting from his op2ratlo.ns, Thee awarded bidder- shall:also secure' the work. site before l;eaving of the end; of each working' day: 124 MAN UFA'CTUF ER'S CERTIA;IGATIOri++1: The City of Delray Reac.h.re5e: -Ves the Tight to request frorn bidders separate manufacturer certification of all Statements made in. the proposal,. 13. SIGNED BID GONSIDEREp' AN OFFER: This signed bid shall 4e considered. aii offeron,the part of the bidder or contractor, which offer shall Lie deemed . accepted upon. approWal by tile: City iVlaiiager andlor 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' surb action aS; it deems appropriate including legal action for damages br 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 4W rd', the City will waive the cost for permits. Contractor shall pay for'permits1or all-other Work_ B. LICENSES: If you are not licensed to perform work in the Cify of I olray Beach you MAST obtain an OccuOational Licensebeforea Notice To Proceed will be 'issued;: C. LiABILI:TY INSURANCE.- The City prefers the insurance and bonding companies have a BEST Rating no Jess than A -, V11 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 (5 61) 243 - 7154. See pages 13 th'ru 16 for Insurance Requirements and a "sample' certificate. - 1& SPECIFICATIONS A. For purposes of evaluation, bidder must indicate any v;, riances from our.specifications and/or' conditions; NO MATTED NOW SLIGHT. If variations are. not stated in the proposal, it Will be assumed that the product or service fully complies with our specifiea #ions. B. Any ornistiibns of detail ;specifications stated herein. that. Would render the materiallservice from use as specified will not relieve the bidder from responsibility. 16`: AWARD Or: CONTRAGT: 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 servo the City's interest, reject any and all Bids, to waive a'ny, and a[I informalities.'andlor irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard. all non- coniforming, non - responsive, unbalanced or conditional Bids.. The City reserves the right to reject any 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 th.e: indicated sum. of.a.ny column. of €.�g.ures and the correct sum thereof will b. a resolved in favor of the correct. sum. 17. TAXES':. Th-e City of Delray Beach is exerrript from any safes tax imposed by the State an.dlor Federai Government: Exemption certificates certified. on request,. State, Sales Tax Exemption Certificate No. 85 -801. 2627559C-4 appears on each purchase order. is: FAILURE TO BID: If you.Ap n.bt bid, return "Statement of No Bid Form" and state reason. Otherwise, YOUR NAME MAY B. E REMOVED FROM OUR MAILING LiST. 19: EXCEPTIONS TO CONDITIONS, 1 Tf RU: 17 (Boiler Plate) Any time Bid Specifications differ from. the General Gonditions:, Bid Specifications and Special Provisions. will prevail 2o. RENEWAL: The City Manager may renew the contract, at the same terms,. conditions., and prices, TWO (2) consecutive term(s) of ONE (1) year(s) subject to vendor acceptance, satisfactory performance and determination that renewal. will be.in the best interest of the City. 4 iPag{ 131 .O 2 ri1 1 ._t9 21, ANTI- eaLLUSIDNs A. l idd°r certifies that this bid is made without prior underst. ndi :n.g, agreement, or connection . with wiy corporation, firm or person submitting a bid for tie same materials,, services, supplies, or equipment and is. in all respects fair and without collusion or fraud, 8, No premiums; rebates or grata ies perrnitted -. either with, prior to, or after any delivery of material or provision of'serviees. Any. such vl0lation may result in con tract: cancoiiation, return of materials or diiscontinua#ian of service§ and the possible removal from, the vendor oid list 2.2'. CONVLIIC. T OF INTEREST: A. Bidder declares and certifies that'na.gffcer, err(ployeiY or person whose salary is payable in wliole..or part from the Gity of Delray Beach is directly or indirectly interested in this bid ;or in the supplies, . materials equlpmont or service.s'ta which It relates or in arty portiorr Of the profits, thereof~ or B. The 'award ; 'is subject to p:roVisiorrs of State Statutes and City Ordinances. All': bidders rnusi disclose with their bid the name of any officer;. director or agent. Who is also an employee of tho 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 (` 0 %). or snore in the bidder's fine or :any of its branches, 2 � 140N -D' i8c ImiNATIQN;: The Bidder shall -not disc rmfnata against employees or applicants for employment because of race, l craed, colon, religion, sex; age, and capped status; disabilities, or national origin. The Bidder will endeavor to ensure that applicants.gre employed and that employees are treated Miring employment, without regard to their race, creed., color, religipp sex,, age,, N: indicapped status, d:isabilities,. or national o:.rigir). Such actiw shall include but not be limited to the following- employment, upgrading, demot STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS /OREEM:ENT made this day of 20; by and between the OIT"Y OF DELRAY BEACH (hereinafter called GITY) and (hereinafter .called COf11TRACTJ.Pi ): W1TNESSETH The CITY and the CONTRACTOR. in consideration of the rnutdai covenants hereinafter set fflrth, agree as folloWs; i . The undersigned CONTRACTOR hereby represents that he has easefully 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 jab requirements. The CONTRACTOR further acknowledges, that the bid! price includes all costs ::arid expenses required for the, satisfactory completion of the, contracts requirements_ 1 The: contract between the CITY and the CONTRACTOR i h.clu;de the following dor,uments which are attached hereto and incorporated herein by reference of the fol.lowit g; CONTRACT 00CLIMENTS Invitation to Bid Standard Form of AgreeTnent Corporate Acknowledgment Certificate Insurance Requirements Sample Insurance ,Form Drug Free Wbirk'Place Certification. Specifications. Proposal (schedule of Pricing) Equipment List Work References Bid Signature Page Statement -of No Pid PAGE NUMBERS 6 10 E �1 1:2 1.3 1.4 -16 17 18 -24 25 2 27 28, 29 6lPamC B. In 201 1 -1' Addenda numbers _ to .,:inclusive, and any:rnoditications, including Ghange Orders; duly delivered after execution of this AgreerT etit. 4.: The term of this contract shall' com -mence on the date indicated; on -the Notice to Proceed: This agreement shall bei governed by the laws of the $fate of Florida as NOW and hereafter in farce: The venue for actions: ari's'ing' out of this agreemont shall be. Palm. Beach County, Florida„ All; notices, requests, demands, and other given if personally. delivered or mailed; certified snail,, return receipt requEistedl to thefollowin g addresses; As to City: City of Delray Beach -, FL. 100 NW'1stMenu.e Delray Beach, f*L. 33444. As to Contractor: 7, The GONTl ACTOR. shall not, without prior written consent of the. CITE, assign any portion of its interest under this contract and, specifically, the CONTRACTOR steall not assign ar�y :moneys d.ue or to become due without the prior written consent of the GITY S;. The CITY and the, CONTRACTOR each binds hilrriself, his partners,. successors, assigns and legal representatives to the other party hereto in respect. to all covenants, agreement and obligations contained in the contract dacurr er.its. 9_ In consideration of ten dollars ($10.0.0) and ether Valuable consideration, the C:ONTRAGTOR shall detend, indemnify and save. harmless the CITY.., its officers, agents and ernglayees, from or on account of any liaba lities, damages, losses and costs received or 7,1 P, � �i rf� 1 7 ;' 9 sustained by any person or persons by or in consequence of any negligence (excluding the W0 negligence of the {CITY), recklessness or intentional wrongful misconduct of tide: CONTRACTOR and' any persons employed or utilized by the GQNTRACTOR in the performancq gf this Proi.ecf. CONTRACTOR. agrees that negligent, rebk1ess or interitibrial wrongful misconduct; includes, but is not limited ta, use of any improper' materials or (ia'bilities,; dam. 0..9es, losses or bests caused by Or on account of the use of any improper matena;is. GONTRA TOR agrees that negligent; reckless -or intentional wrongful hisconduct. also includos but is 'pat limited to the violation of any Federal, State, County or City l'aws', key -laws, ordinances or regulations by the. CONTRACT00, his .subcontractors, agents,...servants or employees. CONTRACTOR further. agrees to defend, indemnify and save harmlass the CITY from all such 'claims. and fees,, and from any and all skits and a;ctiops of every name and description that may be brought against the CITY on account of any clai:Ms 'Fees; royalties, or costs for any invent an or patent; and from any and: all suits and actions that may be brought against the CITY for the_ infringement of any and ali patents or patent rights claimed by any person, firm; or corporation. The indemnification provided above shall Qbligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S optinh, any Arad 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 Gentract whether tl }e constrUction operations be performed by the CONTRACTOR, his subcontractor or by: anyone directly or indi'rectiy employed by either, to 2011 -19 TWs 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 considerat[on of ten dollars and other good and valuable consideration. as specific consideration for the indernnificatibn provided herein: Furthermore., the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision, 14_ This Agreement shall be considered null and void unless signed by both the CONTRAGTOR 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.. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTESTm . \ By City Clerk Approved as to form: kr-� Attorney WITy ON CTO (Pant or type name and title) (PrM or type name and title). (SEAL) DA 10 Par Pj 'iD 201 1.14 U CORPORATE ACKNOWLEDGMENT STATE OF FLORIDA CQUNTY OL PALM BEACH The foregoing instrument was acknowledged before me this 1 st day of August - - 20 1 1 , by R.u=- -« l (name of — � dell A. Haverlarrd officer or agent, titie of officer or agent)x bf Florida (state or Mace 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 Arma Wilder Name of Acknowledger Typed, Printed or Stamped' ,Q►NNA W..I�,DEF MYQN1M15SIQfI # EE0782BB eXplRES: ,tune 13,.209:5 �� x`` FIoWaSWk°B.CQRI - (447)39B -013 ltd' ag e BID -241 1 -; 9 CIERTIFICATE (if Corporation) S.TA'Tr- OF F'LO MA. ) COUNTY OF PALM BEACH 1 HEREBY CERTIFY that e meeting of the Board of Directors of sports Turf one, rrv. Flcrid3 ,, a.corporation under the laws of the State of Florida held can October 3, , 20 10 ; the following resolution was duty parsed and adopted: "RESOLVED"., that aurdell A Hayerl.aod ; as President President of the corporation, he /she is hereby authorized to execute the Agreement dated August. 1, 2.01 t 20.'11 ,: 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 sea'I affixed,, shall be the official art and deed of this corporation". i further certify that said .'resoILA00 fs now in full: force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this .1st day of August , 2011 zA,.-� (Seal) 111 f,a > 81D _2a111 -1P INSURANCE REQUIREMENTS A. GENERAL During the tQfm of the contract with the City; the contractor shall: procure and maintain insurance Pf the types and to the limits 8pacified In paragraphs. (1) to (4) inclusive below. B. COVERAGE Ex e pt as otherwise stated, th a amounts and types bf.ins . U ranceshallcon to trato ,the foi.iovving minimum requirements'. 1, 'Worker`S QoMpensafibn - CDVeraoe to apply for all: employees for Statutory Limits in opmpflaince with the applicable Star-ta amd Federat Laws. In. -addition,. the policy must. include Employer's Liability With:.8 limit of $100,000. each: accident - 2, Comprehensive General Liability - Coverage" Crust be afforded . on a fOrry! OP rhore restrictive than the latest edition of the Oomprehensive General Liability Pbl.icy filed by hu Insurance-i8erviwsOffice and must . nblude:, a) Minimum ; 1-twits of $500,0.00: per occurrence; $1MM qggregatej combined single limit for Bodily Injury Liability at;id: PT-operty Damage. Liability, 3- Business Auto Policy - Coverage must be 8ff6.rded on a form no rmire testrictjvb. than the latest edition of the Business Auto Policy filed by the Insurance Service. Office and Most incluie:. a:) Minimum Limits of $3,007000 per occuroance combined single limit for Bodily Injury Liability and PrDped Damage Liability, b) Owned Vehicles. c) Hired and Non-owned Vehicles, d) t:mplo .yor . . Non -Qwneeshlp. 4. Certificate of Insurance, - Qortifieates of Insurance e . videncirig the insuta.rice, coverage specified in the previous paragraph Should be received 'by Purchasing prior to con rooncernent of Work, The required Certificates of Insurance shall not qnly name the types of policies provided, but shall, also refer speciftally to this bid and section and the a . boVe paragraphs in accordance with wh . ieh such insurance is being furn.1sheci. The successful bidder will endorse the City of Delray Reach as additional insured': If the initial. insurPhb6PxpJ'.respri.crto the completion of the Work, renewal certificates . small lie furnished thirty (30) days prior to the date of e.:€piration. Also, under the Ga:hcellation section of the Certificate of Insurance the successful bidder ("'not the `ihstrecF shall be, ribquired -to nbtify the City of Material, changes or cancellation of insurance p6licles, or n . pri-re . newal. 1.3 [ P�� g t B!D Atu.ch,cent E., t r5f '3' I.�3YUUau'ra� - - ;.WEF0bClE 0W!illkbNesLWEbliCLOWNAVEBEF WSUEDTa-11v W..TERN"CLNDMQN�DF;ANY Oq�7PPc- Cog- DT1iEFi ooqu - NT 'WMJ RFSPEiGT TO Y{" 1 S MMF '. fyNY REd1JIAE +TAE KAMM ABOVE ORI MEPdJCYPEkIOplNr )%T7.1fbYwrrRSrAN?Wf; TEMAY ElE1 :UEd dp µ4YPMTA4Hl, fNEINSCJfaNcFAFFi] i�ERBYSiSEPp11C1E54E5l 7SI9EQHEREi4I $SUefECTIORLL7ilECF3udS E% LUSioh45ANC;¢6WOfT7gi�5ApsU�kl PC: As; rH. ECnrELK rp. 75s> iOwH1EnYH .t.VEsE�?Ilpucm/hNpgxslM�: Fm - lfcmpr m?N� ?iniac trEHaLnE{}1E ice- T= LEM bur kM1aLrtE7vbabDTr E!dUdt7nlra&F -y. var�cm� �rtunaw . u AL: . JRbJFH1LLF1�9JLf Y L1PHE 1Y COIEJmt4JN.c1�!ER'S� aw+s.wuE. Fl .. GL� '077�6.a4, ' 01,,101110 01.101 /.11 Fi.tF+6�aJ+ s• 500: 0QD . ' J f Fobwero .. i PENSJ11KSahVEM,NJR'Y 5... �IA�G f?- �.GRTFILAf71wf'LJFSPE?,�. p0!]EYI PR6 LaG PAJ?4J1GTS- WH�NPAG4 S -... A AU7rnJaRILLtwJsR . .. - + n' w.+.a�aPo�AUrvs GCisllli�aAl11 [y� ARM Ur DS' ,H090WEbALr= t.LT077606 01141/70 .0Z1DX. /il _ _ [a71YB7 51NGLE'mr 2 --1309:000. a�yIFJJUi3Y re��}.. £. 8001kY 1lLJl{Jj" aeMenFl -F. FRdpeN{YJ1PJFf+(LE fi.: h+311J?� i W6 DNLx FA ALU[yENT OJ1iERliiMJt FAPL'D i b7¢EKY�iiWeYiEUALJA9AiYY R Q cxuFLS�l.Ac hNW RtfELIIORa "Y - ••" - - FhgSOLL1JIJ1�]10E t ACUKELIATE S .. _ Z 3 M'Oplt9t5c w7�aHAJ#a 9NPL0TCJ9 o,F m�s .".jp.. .: 1a?.'2o7UP 03101/10 a3I,01I11 4+GST TU. 67iE .. '. EL�CiA�J�?F� : zoD ooa, . 'E,L,nisi- 4owprdv¢ } I.D:D ON E.L. bf,$E45EP�- 1�J'1JIA9` is ... _4 obti�miftl} JnFvfpWNJOMSIF�aGK13oHStm11 {d:fei �- vS�1, Js7�oEU& rEnbor�EY1ENCfee +CdA..1.PfNMyeHS .. . THIS lNrUWCE AFFLSCABLY T4 (state' pztrjeet) *U T bF MRAY BEACK 15 ADDIIJIDNAL INSTIRED — r l see aLtacCied endorremezit. CSR- rnFFCATE HOLD)A .. CANCELLATION - '. ,.{ - -. �.�y 01TY b.F DELRAY BLA.C3�.. �iO[ 1LE. AJ?YPF7J{ eA9oYE3�5tAE9El }pvL1cLE99etAYf[61 -SEA bkT4R�i3iE kRh�NN *F�i Alm TH�dK.1NE- rsR*-, nIeJ�=N'wp,"DFAVCR)> k-ye aO. IIAnw;imt* ' ICD .1St AVENUE lfcmpr m?N� ?iniac trEHaLnE{}1E ice- T= LEM bur kM1aLrtE7vbabDTr DE,LRAY BEACAF }! li 33444 f."Pug "b ugua -RMN OR o4owtt of #?VT RP'0"fl 7}4E p{au c'!fa ha �fJrg o i HEFRESEIlTfi1YE3 W+11AMZGu RWg"ENFATRV - .. :. .::. :. �CQ.RIf Z${2d0.iltl8j 141P F,i] - Attachment 1,. 2 o 3 IMPORTANT If the tetSficala ha der Is an ADDIS OWAL INSURED, the pq vAles} rnusl. be endorsed_ A statement pry OTS cartificats does notwnfar dphts ,0'ti a cerlHICatm hatdarin.tieu ots"O endnrsemsnt(s). If SU9k0GATI0N IS WAVED, subject tu. thti leirs and chrlihnMs o € .the pore; ce-ftaln poltcles may: require on. endarsamenL A shiarnrht oil this cedliiaatf does not dghts is the oer5ffimts haldaf In ileu otsuch ,ando.raernent(4 QISCLAIMEP Tlts ( , iFcste of trst"fiM. n' It* teYBrse side :of Mis form does hot constitute i 46.nfmOY biPWeen the I=ing InslVSgz }; authorized rePresel�ialh a or producer„ ehd the odftificule holder; n& does It afllmiativeiy et nagellvciy amend, extend or all6t the ewerage affbrdi� hY diA Ool`16" Usted tharmL 15 11arrc B1 0i 1 s:91 Att-lclwant 1, J, df 3 F'Offt;Y14UM8EFL CMMMEk;IALGENERAL U"ILITY CG 102E 07 n4 TH[S ENDORSEMENT CHANGES - THE POLICY, PLEASE REA.D IT CARE.FULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATI ON u1sumnce pnmciqd urider the folloMhq; ;G0MWRQIAl- GENEML UA011-ITY COVERAGE PAR.'r SCHEDULE 11 Sqc:tfan 11 — Who, 1s Aft Insured is amended to in- cluda-RS p-rj padIfJohal insured the person(t) or aiganl- zatico(.t) skbWn In tl-e Sviiedule, btA Oply vkh rvspett W IlablRy for "bodily lnjuq", "propfrty damage"' ar, "pqsontlf;ancf advew'si . nq InjwYO cgu$ecl' in whole Qt, t part by your. acts, 6r 0ML8SlohS.Or the WAS or ODi� ' sior thot o. of e .adog. ori your Whalp A. Jrj the pw Forty -ac� ufyorUr bngcing pparati&ms-, or B� 1jj Onneeflar) With,' your preM isse awrF�,d by or rEnted to you, CO20 26 PT 04 Q J80.PTX.)peFt1eS,1hc;, X004 page ,1 of 1 DRUG FREE '4PVORKPLAZE CERTIFICATION If identical tie bids exist, preference will be given to the venders who submit a certification with them bid /proposal cettifyin.g They have a drug -free wo kpfac.& in acc rdance: with Section 2B7,087, Florida Statute's. The drug -free workplace preference is applied; as follows, IDENTICAL TiE B'IiDS', Preference shall be given to businesses with drug -free workplace programs;: Whenever two or more bids which are equal with respect to price„ qualify, and service are received: by the State of by any- political subdivision for the procurement of i Orr modities' or contractual ser viQos; a bits received froi Yn a business that certifies that it has implemented a drug4ree workplaces program shall be given preference in the awardi process,. Esfa,blished procedures for processing tie bids -WO be foliow8d if none of the tied Vendors leave a drug free Workplace program. As. tile person: authorized fa sign. this statement, I certify, that this firm complies fully with. the foil wing tequjrernerats: 1 This 1 rrh publishes a statement notifying employees that the unlawful' manofacture;. distribution, dispensing.,. possession, or use of a controlled substance is prohibi:ted in the wo{ Kplace and specifying the actions that wifl be taken against employees for violations of such prohibition. 2'): This firm informs empioyeos, about the .dangers of drug :abuse in. the workplace, the b:usihoss's policy of maintaining a drug -free workplace',, any available drug counseling' rehabifitation, and employee assistance programs, and the penalties that may, be 'imposed upon ernpioyees for drug ,abuse violations This fir-rim g':ves each employee engaged in providing; the cemmod.ities or contractual services that are under bid a copy of the statement s. pecifitd fn subsection (1). 4) In the statement specifibd in subsection (1'), this firm notifies the Pnrnpjo'yees that, as a cond.lCon. of working. on the commodities or contractual services that are under bid; the employee will abide by the terms o-f the statemerit and will abide: by the terriis of the statement and will notify the employer of any conviction of, or plea of guilty or nolo conferrdere 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 conviotio..n_ 5) This firm imposes a sanction on or require:$ tha satisfactory participation ih a drug abuse assistance or re[sabilitation program if such is avall'able in the employee's cdranmunity,, by any employee who is to convicted_ 6). This firer, will continue to make .a good faith effort's maintain a drug -free workplace through implementation of this sectia,m. Sports Turf 01r] 61, :iri.e, Contractor's Name griature 17 g r .4 1D ?01. CITY" OP IDELRAY BEACH SPECIFICATIONS Landscape Maintenance Seacresf Svccee Giempfe* # Hilltapper Siaddisrirr Anntral Contract 1. PURPOSE The purposo of this- Bid is to establish an open -erid Contract to provide ttie best iginality landscape maintenance service available at the most economical price: Service and good vaorlrmansl p are of pr n�nary eonecm, bidders with low stat�dard.'s for ci #leer seruiCe ar workmanship; will be j- adgedio be non- responsible and their bids lion- respoxns ve.. No bid will be aceepfcd if it offers . lower.standards- of material and /or workmanship than is :described therein: 2. NOTTCE OF AWA".. it is and shall be understood and agreed that Contract shall lie deemed to be - awarded and validly entered into between the successful Bidder and the City when written notice has. been give.. the: awarded by the.; City through its authotized agent„ and purchase -order shall be issued to the Bidder covering same: Contatct shall be: awarded On the basis s of the lowest. total bid to the responsible, Bidder who de noastrees compliance With bid specificadow, cspabihm to perfc 2 acco iiig to! terms:. of the, Contracts, and responsibility With ci=e?rt° clients: Referejaee check, revj,ew of e tii rneint; examination of financial stability, and personal, interview will be considered .p together with price in the. contract award,, 3. CONTRACT AREAfS) AND LOCATIOM Seacrest & Soccer Complex (8.7 .acres) 2501. Seacrest Blvd, and 1l 1toppor Stadium (3,2 aeires), 2501 Seacrest Blvd-, Delray Bea:eh,. Florida: p niately 11.9 acres to be ynaintained Bidders are responsible for visiting site., and cleterxminning exact dimensions and. sip:, 4. FIRM PRICE:. The City requires a firm price for the Contract period'.. 5. CONTRACT TERM .-. Terra of wntraet shall be oac (1) year from award of contract, on or "on or about" October 01, MI l and expinn oh& (1) year Iater. The dity Manager may renew the contract, at the same teii ns:, conditions, axnd price(sI for two (2 consecutive terms of one (i) year per paragraph 4-2 0 of General Co- itioi s of this bid. 6. MARKET. CONDITIONS.- The City reserves the right to piumhase on the open market shouicl :lowcr markot prices pravail„ at which time the sellor :shall haue the optiori of ineeting the to tver'price or relievU the City- of any obligation previously understood. 7. ORDER. PLACEMENT. After the award of contract to th. e successful bidder, the City reserves the right to utilize either of the foil owing order placement r.ethods:: (a) Purchase order will be issued to the successful bidder throughout the contract period on an as-needed, when,- needed, Wb6te needed basis.. Vendof must note the name.:of person placing order one delivery ticker (l?) A biahi et (open.) purchase order will be issued to successfbl bidder for the City's ainticp' ated annual dollar volumb. releases for pa_Aiai delivery of services will be'madc agaiiist, said b Anket order. Vendor must mite iutine- of person, plating osd'er on delivery ticket. 8'_ PERVORA MINCE: It is the intention of the City of Delray Beach to purchase landscape iriaintena ce services as :specified Herein from a source of supply that will give. prompt and Convenient service.., Any failure of the successful bidder to comply with these conditions may be cause for terminating any resulting Contract immediately upon not ice 'by the City. All laborers must wear orange safety vests and all. v hirales, parked along the: right-of-,way must be marked with traffic cones.. A]l landscape maintenanca shall be in frill compliance with the` 'Mate of Florida "Manual of Uniform Standards for Design, Construction and 11llaintzrnance for Streets and. Highways" 9, PERFORMANCE PROBA'TlON PERIOD: The. successful awardees will :immediately Miter into a three - month probationary period upon Contract award. Duri ng this time the awardees' pedotmance will be closely scrutinized by City staff: If the awardees' perfoi�naiuce fails to comistently inset the standards specified within the bid, hiss contract will be promptly cancelled. If his performance: is acceptable; then he will be also notified and the contract will extend through the expiration: date given in this bid. The City has the light to terminate the contract during the probationary period with or without cause,, and this right . shall be solely at the discretion of the City. 10. ALTERNATES: For purpose of Bid evaluation, Bidder(s) must indicate any variances to :the . specifications, terms and conditions, no matter how slight. If variations are not stated in the Proposal, it shall be coiistrued that the Bid fully complies with the specifications, terms and coixditioits as stated. 11. BACKGROUND INFORMATION The City .reserves: the right, before 'aw- arding the. Contract,, to require a Bidder to submit such evidence of Ms qualifications, as it m.ay deem necessary,: and may consider any evidence available. to it' of the financial, technical and other qualifications and abilities .of a:.Bidder, including past performance (experience) with the City: Note: For this bid vendor mist attach to: his bid an accurate up-to-date listing. listing.of his current rnain.temce equipment,, including brands and model numbers.. The. City also requires .a listing of commercial as well as residential accounts; :including main contact person and phone number. This information will be considered in the contract award review. FAILURE TO INCLUDE ALL DATA NOTED .ABOVE `WITH. THE. BID MAY ELIMINATE YOUR.. COMPANY" FROM THE BIDDING PROCESS; PRIOR (Note Paragraph 14), . Note City reserves the right to inspect all maintenance equipment prior to contract award. 12_ COMPETENCY OF BIDDERS;, MUST HAVE A ALUVI"MUM OF ME (S) YEARS EXPERT NCE NITH.SPORT'FL.ELD MA17YTENANCE Pre - award inspection of the Bidder's facility and/or a personal interview of up to threo finalists may be made by designated City personnel prior to award of Contract. Bids will be considered only from firms which are regularly .engaged in the biisiness off providing the goods and/or services as described in this Bid lnykation and who can produce evidence that they have established a satisfactory record of per for a reasonable period of time; have sufficient financial support, and equipment and organization, to insure that they ear, satisfactorily ekecute the services if awarded a Contract under the terms and conditions herein stated_, The terra "egiiint- p t and organization "` as used herein shall. be, construed to rhea a fully equipped and well - established company ja line with the best business pracctices. in the industry and as determined by the proper authorities of the City. 191 P a g e 13: DEFAULT OF CONTRAXT. The City may, by writteia notice to tb.o: suecessftil bidder, ternunate, the Contract if the bidder Dias. been found to have failed to perfarm. his services In a manner satisfa.etory to the City as per specifications. The date of termkjation shall be stated in the notice. !City shall be sole jtidge of non - performance: 14_ 1' mcTWN OF IRREGULAR' PR0POSALSo Bids whxeh eantain an }, alteration, addifiion, conditioii, Ur q tation, wiaathorized: a.Itctnates of show iY>-egular ties of any kifid may be rejected by the City." non-responsive. or. iITo8ular. Tkie City reserves the righfto waive any i. regularities; technicalities .or informalities in arid+ laid and to reject .any car ail bids. 15. TRANSFER Pk0H11$ITED The succegsf.il. Bidder shall not assign,. transfer, convey, sublet or otlierwise dispose of this Contract,. or of any or all of his or .its rights, title or interest herein, or his or its power to execute such'Contiaot to any :person; company or corporation, without prior vvxitten consent of the City. Iii the. event, that the sumes:sful Bidder does not hold .a commercial pesticide: appf icatgrs'. license, the sucrlessful' bidder, may contract VMh a qualified Erm to perform the chemical applications: 1n this event, the stccessful Bidder shall notify the City of this` intent. end PRI:CES FOR. THE WORK MUST BE LISTED IN TI3E BiD7 The bidder must extend hose. services for tIie dw —ation of the contract for the prices gnotetl: NOTE: TWS PROMBITION APPLIES SPECIFICALLY TD l\ OVyING OR EDGING SERVICES. 15: DEFAULT ON PRIOR CONTRACTS: No proposal will be . accepted from, nor will any Contract be awarded to, any ;person or fi= which is in a rears io the City upon a as> debt or Contract; or Which is a defaulter ;as surety or otherwise :upon any obligation to ,the City, or Who has failed to perfou faithfully anyprevious Gonlrmt with the City.. 17. CAPACITY: VeTWOT8- must have tho. capability 'to perform contracted mantetyance on a timely basis,: and with proper equipment and supervision: Vendor must adbere to ma ntmance procedures and schedules .as set forth in the conditions and specifications. Failure, to - do so shall result in Contract cancellation: 18_ BIB QUOTATION SUBMITTALS, All Bids must bo submitted on the attached "Sid ` Farm ", Schedule: of Pricing_ - 1 9. INFOI TION_ For information regarding the submission of this invitation To Bid:, please contact Patsy Nadal, Purchasing Manager, City of Delray Beach: at (5171) 241-7161 or by email na,dal�&!iny zlra, ?be�ch �o€�i. Any ti�chnical questions regarding, maintenance areas and service listed relative to this bid should contact Tim Simmons, Parks Suyerinteadent, Delray Beach Parks and recreation Deparirrient, —at (561) 243 -- 7260 or by email 20. VENDOR.SERVICE PRESENTATIV)E: The Bidder must submit with his bidproposal . the narnz, address;, phone number and email, address of the, persorl(s) to be. contacted for; the coordination of landscape maynterianm service. A contact for both regular work -hours and after- hours,: weekends and holidays must be ldenfified. This A411 become a part of the bid proposal and shall be understood and agreed_ 2t. BILUNG,, SCHEDULM AND PMRTS: Vendor shall submit a monthly invoice the first of each month, itemizing. all mainknance items performed the prtvious month- A. schcdul, of all maintenance items to. 1}e pexfoi-med the following month shall be submitted V�th the invoice noting dates, times .acid locations of operations. The Delray Beach Parks and Maintenance, Department nnist lie: notified prior to any cl ange in scheduling within five (5) working days to allow City staff to inspect sites; for scheduled maintenance. Written reports must be: turned in to; the Parks: Maintenatpe Department afXer each mowing operation: on a ohocklist to: be prov ddd to the awarded vendor by the City. The vendor's: Federal identification Number (W9) must be noted on tbt B'id in order for payment to be processed b:y, City. �2: PUBLIC ENTITY. C WdE: INFORMATION :STATEMENT.; A person or affiliate Who has boe-a placed od The wtivicied vendor list following a conviction. for a public entity crime May, riot submit a bid on a contract to provide any goods or services to ,a public chtity, may not subi iit a bid on ,a contract: with a public,. entity for the comstrnzction of repair of a public building or ptibli.c work, may not submit bids: oil leases of real property to a public entity, may not lie a arded or perform work as a contractor; supplizi,:.subeontractor, or consultant under a contract with ariy public:: entity; and may not. transact business with 8hy puUllc eiitity'in excess .of the. threshold asriount provided in S.e.ctibm. AIM 7, for CATEGORY TWO O for a period of 36 months from the date of tieing place-d'ontlie convicted vendor list 23; INDEMNIFICATION: vie CONTRACTOR shall inden-illify, defend and save ha less the CITE; its officers,, agents; and employees,, from or oii .account of any claims, damages, received or .sustained by arid+ person or persons resulting from the work provided for this Pzojeet; or by or in consequence of any negligence in conco ction with the sansei or by use of any improper material$ or by or (in account of any use of any act or omission of the said contractor or his subcontractors; ?,g -nt, servants or employees, CONTRACTOR agrees to defend, indemnify and save harmless the CITY, its officers; agents and e►Ziployeesy against any liability arising from or Based upon the violation of any Fbdera% Matey County ar City la ws, by- laws, oxdinaiiceS or regulations lay the CONTRACTOR, l is subcontractors, ages #s; servants or employees. CQNTRkCT0R. further agrees to defend. indemnify and save . harmless the CITY, its officers; agents; or employees from all such claims, fees, acid frorn any and all suits and actions of every name and description that may be brought against the CITY or its off cers;. ?,gents ar employees on aceo.. unit of apy claims; fees xoyaltie,s, or costs for any invention or Patent, and from any axid all .suits and actiops that may be. brought again' the CIM its: officers agents or .employees for the infringement of any and ail: patents or patent . right. clam, ed by any person„ firm or c6iiporation, Thf, indemnification provided above shall obligate .6e 'CQNMACTOR to defend at his, awn e)�pcnse or to provide for such defense, at the CITY'S gpt:ibu, any arid. all claui.s or lia,bil ty and all snits and actions of every naive and description that may be brought against the CITY:; its officers,. agents or employees which raay result from the operations. and .activities under this Contract whether the work by performed by the CONTRACTOR, his subeontracttrr or by aiiyone .direetly.or india-eetly employed. bar :either. This LZdertakzifaca. tion inoludes all costs and fees including attorneys" fees, and:costs at trial and appellate levels,. In tlah DETAILED SPEciricAnoms Special. :Conditions Landscape Maintenance Filnetions and Task 1,0 TURF CARE-. Maintain turf areas in a healthy, growing, green, trim condition by performing the following. operations: 1.1 MOWING GENERAL: a. Moving, sliall be pert'orined: in a workman: like- manner that insures smooth surface appearance ydthout scalping or leaving, any "missed" uncut grass. b. All mowers must be adjustable and adjusted to. the proper cutting height and level for the kind of grass: aiid current condition of the. turf.. Mower blade height adjustment is to lie measured from a level floor surface to the parallel and level plane of the mower Blades. C. All mower blades are to be sharp enough to cut; rather than to tear grass blades. d. All litter and debris is to be removed from turf BEFORE mowing to avoid shredding that will damage turf appearance, or items that may, be propelled by mower blades., e. Grass clippings; or debris Caused by mowing or trimming will be removed from adjacent walks, drives, gutters, and curbs or surfaces on the same day as mowed or trimmed:. f,. Mowing will not be done when weather or conditions Will Fesult in damaged turf. 1.2 lviOWMG, EDGING, LINE TREVgVUNG a_ Bermuda Sod shall be cut at'1 /4 "with properly adjusted sod mowers. Plugs rust be dragged in b. Grass shall be mowed weekly, two (2) times a week; April through November, and one (1) time per Week froni.DeceMbet through Match. ONLY Reel-type nio..wers shall. be, used. C. Line dimming every other :.mowing, cycle. d. Bdgng one (1) time a month. Special ..Note: Mowing frequencies can be deleted or increased due to climate factors by City's designee. e Chemical; Edging; CYiexnical . pplicatiol s ruay be used to kill weeds in and .around. areas such .as, eweas adjacent to. buildings, fence lilies, trees; sprirAder heads, and cement medians (concrete divider: isles). Prior to application of chemicals; for this purpose, all areas shall be trim in:ed. to proper mowing height. Chemicals shall be applied in a manner to limit drift. Coatractor is. -responsible .for replacement of all damaged sod at leis. cost. If not complete within one week of notification, City may replace and deduct cost from month payment applications. 211Pa e 311) ?o :t i 19 1.3 1.4 WEED CONTROL: =`LANDSCAPE 1V MNTENANCE WEED CONTROL" a. Weeds are to be mowed, trimmed or edged from turf areas as part of fork care operations, Weeds are to be manually or mechanically removed froze ground :cover each mowing cycle_ Note; If, in the ..opinion of the Parks and Recreation Department, any area is infested with weeds, the= mmriter ance contractor shall do an additional application of MS: MA to control vreeds or replace sod, FEWrTLIZiNG I PEST CONTROL SCHEDULE: January 4d' week 32 -5 -5 w /minors March 3 F weep 24 -5 -11 .E +MN Spray Applications of Pre -M. 4u' neck Aerification (Plugs. must be Bragged). April is[ week 15 -545 2" d week' Spray applications' ofMSMA & Basagram 3rd week Spray applications of MSMA/Pesticide as needed 4th week Spray applications of MSMA (Plugs must be dragged and removed) May 1St week 24 -5 -11 FE & MN June 3rd week Aerification (Plugs must be dragged) July 2nd' Week 15-3 -15 1 Chlorpyrifos Septe -mber IS, we el'- Aerification (Plugs must be dragged): Spray Application of Pre -NI 2 6d We 24 -5 -11 FE &MIT November 4`' week 24 -5 -11 FE & V1N December 3rd week Aeiification (Plugs must be dragged) Dote. Insect control to be done on an .as needed basis. If, in the opinion of the Parks and Recreation Department, there is damage to turf by insects or pests, Contractor mast replace the sad, 23 Jif a ? J D 2Q 17 i 3:� ** *Special Note General Use of Chemicals "" A_ All worm i nvolving :the use of chemicq s shall be in compliance with.al:l Federal, State; and Local laws and will be accomplished by or under the. dl'rectzon af a Florida Ceitified, Pesticide AppTic+ator's license. Application shall_ be in strict accordance, with all .g.overning regulations. J8: Chemicals shall only be applied by or under the supervision of those Persons passes.sing a. valid FI.orida Certified Pesticide Applicators' License. .Applications -shall be ire strict accoidan.ca v� nth, all governing mgulations, C Records must b't kept and retained as prescribed by law for the use of pesticides of all operations stating dates; times, methods of app:lications,, cherri cal formulations, appliczor's.names and weathez conditions. D. Chemicals shall be applied when air currents are: still' and using method preventing drifting onto :adjacefit propeity and preventing any :toxic, exposure to persons whether or riot they are in or near the project, E, Any soil; sod or plants contai �aii2ated by inisuse of chemicals on the sites will be removed and replaces at WA to the .respons ble contractor, 1.5 REPLACE City s1zaI'1 replace arzy lar dseape, irrigation, qr structures damaged by maintenance operations or due to neglect to perform thcse specifications and charge cost to maintenance coiatractor. (Contractor will be notified prior to replacement of repair by City designee.) 1.6 DAMAGES Dram. age: to .landscape material due to any cause shall be im nediately corrected by Contractor. Tljis includes removal of dead' or damaged material; and minor grading and replacement of sod displaced by'veh cles. 1.7 REPORTS The Contractor. shall provide a checklist filled out and returned to the Parks and Recreation DepartnieIA after each maintenance.. operation: All maintenance operations and the. date they w ere.pexfoimed shall be noted -, and any reports of damages shall be described:, No payments will be viade unless. all. reports: are provided. l , 8 GENERAL No maintenance shall be performed on weekands or during, holidays Luiless requested in wilting, and approved by the Delray Beach Parks and Recreation Department Director. 14 '1 SCMDULE OF PRICING SYD #2011 -19 Landscape Afainte "ance Saacresf Sacear Complex # Hilftopper Stadium Aftnuat Contract FWE ptopose . to provide the services as specified pet, terms and conditions on the attached specifleations to Bid at the following delivered prices. Total lump sum bid Prince for ozie .ear. LPnit.rfvbc Fer Mouth Total; Y690r , Cost (UraonthS) Seacr est Soccer Cormpie [ (appreJt E.T acres! 4,700.00 Jr 6 , 4 Q 0 . 0 0 ,y /,�r�O�pE� Sf'�f�Il1'!'ti (a,prur.3_2�cresJ 1,729,00 20,74B.OD Grand Total � 77r 148.00 '*Adidrtio'r�ai Work: Will be determ ed by P: s Superintendelt or City designee: LI For Sp OAS `Turf - Verti` -cut t SeacreSt Soccer Complex f H111tvppOr Stadium 3,244..00 x,19'3.0.0 1'riee ;E'tY� �erii -cut {� requested) $ � � Additional Information Chemical Applications to be applied,by: Andrew Len mel Florida Certified Pesticide Applications License? X YES ❑ NO List of cur ertt maintenance equipment listedlattaehed ?' � YES D 14TG' RQ#fbronccs listed/attached? 0 M. ❑ NO City of Delray Occupational License? Yes Q NO Devi,aiions.from Specifications (if gpraiacable)R Sports Turf One, Inc_ Fe 5.9- 3476934 cleta�f fax 1. D, # . Contractor's Name Sports TInc. ports. Field Design,,. Construction and Maintenance 11�41 I. A H'averland. Company PROYiDrNG BERMUDA GRASS MAMENAN 'SER ICES SINCE 1997' Carding Newman High. School W. Savage 512 Spencer Drive West Palm, Beach, Florida 3°409 Phono: 561-644-4642 CHARLOTTE HIGII SCHOOTr,1. II, &,,M-. : FOOTBALL &BASEBALL FIELDS Ajax Building Corp. 11�Ir. Ilan Dreier 120f3 Cooper Street Punta Gorda, Florida 33450 Phone: 941 575 =5177 CITY OF DELRAY BEACH: Pt3MPEY PARK:. 03 BASEBALL FIELDS City of Delray Beach Mr. Tim Simmons,; Parrs Superintendent - 104N, . 1 avenue T]elrayBeacia, Florida 334.44 Phone: 561 243 -7161 CITY OF`DELRAYBEACH: SEACREST SOCCER COMPLEX City .of Delray B=h Mr_ Tiro. Simmons, Parks Superintendent 1 :00 NN. 14 Aver Delray Beach, Florida 33444 Pb.one: 561= 243' - 7161: .PORT LAUDERDALE STADIUM, BASEBALL STADIUM & TWO SOCCER FIELDS Miami. FC Mr. lvligael Lopez 1301 Northvvest 5. 5"' Street Fort Lauderdale; Florida 33310. Fort Lauderdale, Florida Phone, 305 -728 -2622 Members. GCSAA • FTGA • STMA - FGC A 9819 Stag Ram 7 - Boynton Beach, FL 33472 (561.) 369 -7994 - Fax: (561) .364 -1118 - Estimatzng Offfice: (561:) 375- �7908 wuw sportsturfouexom Sports Turf One, Iire/Maintenance Contracts Page 2 GOTHAM SOUTH: EQUESTRIAN: Gotham South Mr. Lome Dueek, Tara Management 13894 Fairlane Court Wellington; Florida 33414 Phone: 561- 795 =9940 GULFSTREAM SCHOOL-: MULTI PURPOSE ATHLETIC FIELD.:: The Gulf. stream School Ms. Patricia'Scullen 3600 Gulfstrream Road. Gulfstr , Florida 33483 Phone: 561 - 276 -5225 HILLEL DAY SCHOOL: SOCCER & BASEBALL FIELDS Hille1 Day School Mr. , Marty Robbins 21022 95 Avenue South Boca Raton, Florida 3342.8. Phone: 561 - 470 -5000 HOLIDAY W: SOCCER FIELD Holiday Inn My. Eddie Rogers: 954.850.7860 3003 North University Drive Sunrise, Florida 33322 Phone: 954- 315 -2177 JEWISH FEDERATION OF SOUTH PALM BEACH: MULTI PURPOSE FIELDS Jewish Federation of South Palm Beach Mr. Tom Forlen2A 9901 Donna Klein Boulevard Boca Raton, Florida 32428 -1788 Phone: 561 -852 -6026 LADE WORTH CITY OR THREE (3) NORTHWEST BASEBALL FIELDS City of Lake Worth Mr-' Martin CybulsId, Grounds Maintenance Division 7 North Dixie Highway.Lake Worth, Florida 33460 Phone: 561- 586 -1676 LAKE WORTH CITY OF' MEMORIAL PARK: BASEBALL FIELD City ofLake ViI rth Mr.. Martin Cybulski, Grounds Maintenance Division Grounds Maintenance Division: 7 North Dixie Highway Lake Worth, Florida 33460 Phone,. 561,586 -1676 Spor g Tiqf One, ZnOMaitztenance Contracts Page 3 City of Lake Worth Mr. Martin Cybulski,. Grounds MainWpance:I3ivision 7 North Iii ie Hi ghway L *e Worth; Florida 33460 Plipne; 561 -596 -1676 City of Lake Worth: Mr, Martin Cybuiski, Grounds Ma ntenme.0, Divi sin 7 North Dixie Highway Lake Worts: Florida 33464 Phone: 561 -586 -1676 LOCKHART STADIUM,; SOCCER& FOOTBALL FIELDS Bro -ward County School Board Mr. Nfike Roland. P Q Box 5408 Fort Lauderdale, Florida 33310 Phone,, 754- 3�1.120Q L.ot loriext Estate clo Tara Management, Inc 12110 Corporate Center Way, Suite 202 Wellington, Florida 33414 Phone, Mr. Dennis Quinlan. of Tara M'anagememft Inc. 561 - 795;9940 Lynn University Mr. George Smalls, Director of Building Grounds 3501 North Military Trail Boca baton,. Florida 3:3.431 -5'98 Phone: 561--237--7-267 &- SOCCER FIELDS Mr: Pam Duche Palm Beach County Board of County Commissioners 50 South AI Wy Trail; 'Suite 110 West Palm Beach, Florida 31415! Phone, 561 - 963 -6770 WE:t Andrews School 3.960 Jog Road Boca Raton, Florida. 33434 Pho=- 561.210 42140 Sports Turf One, Inc/Maintenance Cor►traets Page ,4 ROADWAY' Ms. Mary Visconti 19350 Saturnia Lake Drive Boca Raton, Florida .33499 Phone, 56L852.1306 SI ARAGLEN. STABLES: EQUESTRIAN .Skaraglm Stables Herbie, Barn Manager or Ms Dawn Pawlosld 4123:125' Avenue S Wellington, Florida 33467 Phoney 561 - 6034744 Tradition, Field Sports.Comple Mr. Tommy Bowesy, Prof ept Manager 527 N.W.. Peacock BoulevardPort St. Lucie, Florida 33986 Phone: 772 - 871--5476 UNT-F)( SCHOOL; MULTIPURPOSE ATHLETIC; FTLLDS, Unity School Mr. Phil Seaman 101 &W. 22"d Slreef Del ray beach, Florida, 33`444: Phone: 561 -276 -4414 YMCA BOCA PATON: BASEBALL FIELD Peter Blum YMCA of Boca 6631 Palmetto Circle South Boca Raton,.Florida 3343.3 Phony: 561-237-0942 F1LPS NaMEt WTENANCF I�.REF 04 2Q14 WORK. REFERENCES - BID 42011-19 Landscape Maintenance Seacl -os:f Soccer compf. ex o Hilltopper Stadium Annual Co,nfr7cf *Pleas:e wmOcte this page & attach your reference page to this sheet. Ageri.c IGompari Address City, State, z4p C❑❑tact PeGsort 721epfiorie Date(s) ofsenrlce Type of Service. Comments; of Comments- A eno lCum an Address City., State, Zip ticrA@ct Person Telephone Wle(s) of Service T' e of Service Comments: Contractor's Name 271Pa 3 ltd. ?t I .1 -_ fh BID SIGNATURE FORM Land cape Maintenance .Searcrest Soccer CcoMplex t Hi1lt6,PP&r Stadr"um AHaaal Eunfract Bid No: 2011 -1.`9 PLEASE, AFF(X SIGNATURE INHERE iNDrATED (r±AIL IRE TO DD SDI SMALL BE PAUSE FQk, REJECTfON OF YDURPpoPQSAL} Opening Dates WEDNESDAY, AUGUST D3,. 2011 .(cD l f:oo a,m. COMPANY NAME_ Sports Turf Ohe r 'Inc . IuAME17 -ITLE: Burdell A Haverland P es c3erit. -9619 5tafe Road 7 ADDRESS: -- CITY Boynton Beach STATE FL FEDERAL. TAX I.D. #I: S9 3476934 TELEPHDIII E: FACSIMILE_ 5.61 3;6 >9 -7994 DATE; IP C()DE :3,3472. EMAIL AIJD14ES5 dell9spartsturfone cnm *SIGNA. TUBE" V *VENDOR SERVICE REPRESENTATIVE 'FOR PLACEMENT OF ORDER, CONTACT NAME` Sett Haverland TELEPHONE'. 359 =7994 EMAIL ADDRESS: scatth. @spartsturfon2e. co:m x3(P a --c fl 10 .:!o'€1 -sr3 STATEMENT OF NO BID '*If you -Are not bidding cup t is serAce/coinmodity,. ple.ase'complete and returtr #li s form to-, 4ity.of f)&h -ay Beach Purehasing Q. ffiee,1DQ M. 1st 8venue, ]Mray Peach, FL 33444 of fax to (561):x,43 -7166, Failure fn respoO jnay:result in deletion ofvead.W& name front' the qualified. %idOr's list for We City. of Delray 3each: CON2ANY NAM S.. ADDRE.99: TELEPHONE_ . N /A. DATEr Minority Owr ed Bas ness; ( Black () Hispanic ( Woman Other ZIW:e, the undersigned have. .declined to bid on y'ur laid # 2011-19 For:: ,Landscape Maintenance: far SeaCrest Saucer Go rrntex % "111tapperr stadium picatep� top «d.??t'; geared to vard brand car rnalwfaeturer only (explain i'cloW) Ins�ffcient;tizn� to �Cespond to the lnvitatiori to Bid We do apt offer this product or ah equivale -nt REMARKS- Our product gcbedulp v au(d.i ot peimit us to P, efi611A iJhable to meet sped cations Unable to rneetbovd rrquiremenYs 5pecif c46ns! =clear (explain below) Otber (specify. below}: 241.pa 'e SID. 0 1 - 1 . <j 1 Sports, Turf One, Inel Sports Field, De;sign,.Constmetion and Maintenance A Haver1ana COMPanY VENDOR SERVICE REPRESENTATIVE ANDY LE11fIlL EL, Sports Turf Manager of Sports Turf Onei Inc. CeIF #; 561-291 =3925 work hours, after hours, weekend and'holida.yr Office address: 9819 State Road 7 Boynton Beach, FL 33472 Office: 561.369 -7994 Fax: 561 -364- 1318' Cell: 551- 293 - 3925 Home address: 19:7 N. E,, 3'd Street, Unit 109 Deerfield Beach FL 33441 Home: 354 -- 428 -1817 Cell 561 -29173925 Members: GCSAA - FTGA - STRIA FGCSA 9819 Mate Road 7 • Boynton Beach, FL 33472 (561) 3 &9 -79 4 •Fix: (561) 3 4 -III & Estimating. Gfce: (561) 375 -75 }8 www.sportsturfone.com F7nrlda De' artmPnt ef:A '�uilure:arid Con5un��r Services B'eskici�e Gerti6cirYion I��ite �D11Rme�cial',?�pYic9Eor �,eense - L.ccnsL # �y17593 ^ Ca3est�ries RTR8ETER, RQ RkT I 3 1UDbi%xAitII� S3R' C104 PAW SPtIINGS „Ff 33461 lima , Mareh -l4, -m7 �zQvtRx- Aprl�3ff,311Ii, S3gnat+ue of3 -7cea C,,ot .eS& 9RC!N§O1� 'jfkaisBElvmla1 is �cros�.wd fhe piv+i9uoseCiQus�i4 �-FS. ju.lmieStcn4d'rPP�Y.�Scv�us�. pes�ipbes: FI'orI DE02AMOjif ofA ri fiieieaildCbnsiumgs:3enrirg= i I' C:chrirY�!�!'a:ir7,�:astt..., ream_ 5FTEPPARI s r M 2014. is5nc� d? i” _ - -- -, ---� _ , . - a errrmer c �RbI+Y$CEN'[ SSF6f Etf,. _i awl'cmdv nc, re oPOr+® cnsa[, Gmn�asr�€ .si.ivpord�eaaGaq�ly,sti;nrdirsc A ZOIS. Signatrq�oflaEmsr,� - tt�T�•n._ r�. - ��.ELiC�GtMCDMNH&Slf}I4E& _� oedas�pey�ct'�f'saatx' McmbeTs: GcSAA • FTGA S - FGCSA 9819 State Road 7 r Boynton Beacb, FL 33472 (561) 369 -7994 M F'ajck (569 364 -1118 • Estimating Ofco3 (561) 375 -7 08 www sportsturfone.com 1 ,��4� 1St �.z � 7 Fd�{1VIQ,. 11I31E'i3[3� xk i r 1917NiI 3RD S An- 109 A ZOIS. Signatrq�oflaEmsr,� - tt�T�•n._ r�. - ��.ELiC�GtMCDMNH&Slf}I4E& _� oedas�pey�ct'�f'saatx' McmbeTs: GcSAA • FTGA S - FGCSA 9819 State Road 7 r Boynton Beacb, FL 33472 (561) 369 -7994 M F'ajck (569 364 -1118 • Estimating Ofco3 (561) 375 -7 08 www sportsturfone.com CRIG.1 . ADDENDUM NO. 1. LAI' DSC"V MMNTFN,8XCV$EACRE$T SOCCER COMPLFX41 LLTOPIPER B11D NO, 2011 -14 Addeadvm No, 1, dated july 21, '2011 to the Bid: SpeOficati:otis ft Ab0-ye referenced ;services ig'herab declared part of the original Bid and in. rase of coofIiet; the.followi.ngAddendum;sball govern. Bidders aro Advised' that the inibrrn ti.on t: o4tained in this. Addondum is abbreviated and general in nature. It is, the,: bidders respoh ability to include all .items .necessary for the proper execution, coordination and completion of 4- work directly affected by-Ws. Addendum; OUESTIO :; Wh'a 'is responsihfe far cl zpp hgv dl nsgl from tha fiel&t ANSWER : 71he vender is responsibXefoi trotsparting eUppih, sfrorrt,tha. ftd4 to the City ofDeOap ieemdejy where th a elippings wilt, be composed: Bidders: shall. acknowledge ireceipt of this Addendum by. A. Write the wolds.`°Aditidi m loo. 1,' oiztbe octerior of- the envelope irl which the bid i;s submitted. END OF AD)7ENi)l_ M NO: I PLEASE ACKNOWLEDGE RECiEPT,O1" ADDENDUM NO. t' DY SIGNING BELOW AND VAXING,BACKT0561. 43 =7165 orvta email. AS SOMAS POSSIBVE -, SPQRTS . TURD: ONE' .INC PL OLDER OR) 77/27/2011; Date .1ofl 0P:1D: J.Vu } CERTIF(CATE OF UAB1LITY INSURANCE �� oATEiISM4UbplYY4l (]7115131. THIS cERTnc -ArE IS ISSUED AS A MATTER. OF INFORMATIO14 ONLY AND CONFERS NO RIGKTS lJPON THE GERTIFiCATE ROLDER. TIJIS - CERTIFICATE DOES NOT AFFTRMgTIVEL'Y RR N5MMELY AM. Ekb,: EXTEND OR ALTER THE CoVERAGB AFFOkbr=[) I3y 73-11:. O LICIE:S= BELOW: THIS CERTIFICATE ol" IN.,WRANCE AGES NOT CONSTITUT:P p COKTOPT Wt-TWEEN TF.?E 15SUJNG 111SURER {S), AOtHOkf7- : 2EI'RESENTATivF_ O1 PftPPUCER,.ANU THE CE."FrGATE.Ii.QW.F -R, IMPORTANT:. If the ceitlfcate 'Helder. 5s an .ADDITIONAL, 1WSlIREO, tYia poiic ies� must be ends?rsed, 14 Sl]BROGA y( VON IS WAIVED, subject to the terms, aqr ' col7dlfjans of the policy, certdlri po le?" may raquire art' eGdorser11er-L A statement on this certificate clods not confer Tights to the aerhRCSIE boWer in Ileu ofsuch endOr "emenKO. PROAzic� 38& +252 -9641 srov n & BrOWR Uf :F1OCIdo, Inc.. - DBytoria BeaFh Offlce 3.86- 233<57 9 I.O'. Bax 2412, Daytona Beach, 171-:32115.2412 coi�ACr PHONE. No I E we Ito A6>x sESR sT Ia #;SPORT-4 . INSURErt S AFFORDING CLNERAGE NA1C.:ff inlsurcEg SpoRT5 TllRF ONE, INC.. Mj !MrRAV41es�Field.InS•;G+o 24112 HAVERLAM) BLACKROCK CORD S81$ STATE RGAD 7 gOYNTON BEACEI, 'FL 33472 rrlsul�R S:', � 011QIr{3' GET REF17E{I P�zE ss E�i�nrez,� WSURER,o:. WnF- wlAr7onepeison WnFIER.E. ;. . . X XClP' usuAFR F f nVFR6l-1FC. r'5ZATIMI'AT7='NrIRARi =17. GVVICIMXL k1l inns Ct. }7 iIS IS TO CERTIFY TkiAi lid F LiG S OF .W Rf�IICE.LI3TEI I�EL011i FAVE $EEN,I €SUED Tb THE iRsuRp N�uAM f4801+E FOR THE P.OUGN' PERIOD INPIDATEtD, NOTWITFIST?NNNG ANY RMlb REMEI IT TERM € % G`owrriCtN OF ANY CONTRACT OR OTHER D'Q611MF7+17 UOTH R'>=.V*CT TO W"CH THOS. 0."TIMCATic MAY BE ISSUED OR MAY PERTAIN, THE WS:URAIIGE'FlFFDRDED .Bf THE POLIEIES DESCRjBED NEREIM IS SUBJECT To ALL i H,E TF{yNi5,.. I CCLU5IONS A Iq C4NDITIt34S OF SUCH PQI.41E=5 L4MfTS SHgWM MAY H, V� REEN FiEDUPEO6Y PAID d1,AIMS, LTR: - TTPE•OFINSURANCE A'ql? i POLICY NUMBER rOLrF10EFl" M049 POLICY EXP MLUP - LIA7RS:. -. QEN.ERF.L LIANLftY - - EA41iABGU]iREVCiE g 1100 [i;O09 i COMMERCIAL GcfEp.aL 'ivamn cLauwsanant OCCUR � 011QIr{3' GET REF17E{I P�zE ss E�i�nrez,� � 75p,U0 WnF- wlAr7onepeison 3` !4170(1 X XClP' RSON��a�buuvduaY 9t00d;G, COIZTRACTlIAR cdraLROC#eGnrE.. .. 217f70,00 GEr ,�LA6GREGAI22LIMYTAPPut-tPEfi: PRODUCTS -GO P•'K0PAr.G: -S 2,FIIQ,QD. 'pOLICh . il. PRa ._ �. LOG . .. . _.. A AUTbMDBIL$ X LIA139JTY AN.Y'AllrO ALL OWf4w AUTOS SCHEOULEaAUTO$ AIREDAUT03 Ct1 MSE78071 - - 61/01111 .. I3'II0111:2 - COh!I OEDSINGLE LIti11T [Ex erldd q $ 7,4Q.D,pt1 C30DILY- LW9URY [Perpe�son)', , .5 BoDILYINiUTiY(P ®6�wdi i) - ,. PPQPESi`jYDAMA.GE. �araocidanl) .S. X NOWO MEOA,UTOS Ir X. 11A[I;RSLLA LIF4e'. EAcH pocUF3aENCE ... • $' - QyQI�O,:QQ A EXCESS PAW cwMS3riARE c Mm5575n9 0110111t I11n1 r z AGGREGATE; .. 5 .1'Q,QQO,OE) DF�UcT1atE s. . X 'REiIErvTION' - WORKERS L`OMPENSAT)Ol'1 ANb EMPLOYERS' LIAMILITr . TNERIE3S>rCU'[IVE Y� AN'YPRQPA)ETQR)R � OFPICEWMEMBEREX LUQED }' IMsndaltiryin,NHl. If gde; de=ibe LN der �.0ESCRI77ION:0V' i0PERAT10NS hahm � - N,�A ... ... .;EL._OI$EAS@ WC57A7U -. � OTH, T 1Mff5 Eri . .... E.L EgC11.AC[iUFNT: � - ' .. ........ -EA EMPLOYE -. ..r, . . . E L DISEASE �?OLiCYLjM)r $. q LEASED)RENTEI3 E41:11 0.71 ;)1!01111' 0110102 LIMIT D.On ICIVIIIA547 11 E63 1;09 DE$GRIFTIOt1 OF OPERJ1Tfomsf LRCATtcks7 VEHICLES j.b uh A000 161, A0, 10 -nal Pmm 6Sc�ftduta,- Tfmorespaca rsrequind): Rr! BID NO. 2011-19. LANDSCAPE: MAINTENANCE, SEAGfiESTSOIGCER COIMPLET RUJOPPER STADIUM. CITY OF DELFvAYREACH IS ADOITEi]14A')- INSURED ON THE GENERAL LIABILITY At REQUIRED BY W 1;I EN CONTRACT. win �.lT�t.IitIG IIVLUGR :4Al+ilitLl�AI 111111. CITY: OF DE'LRAY 9EACH. '1WNW 1' kiJE IJi ,DELRAY8EACH, FL.SW SHOt1LD Ata DrP..4E,A130VIt DESCRIBED P611C1E$ SE C:MGEUEO SEPORS THE EXPIRATION KATY 8EIt €UF, N40T[i Fz WILL Fir- TIELWERrm lid. 1 C46RDANCE WIT717HEPOLICY PR&ASIOR.S. M16RIzErr ESEWTAT)VE. . 031988 -2409 ACORD•CORPORATION_ All rights reserved. AG.ORD 26 (2009M) . The ACORD name and 1090 are r6gisteTed; narks IofACORD i .al,Ic"R ► CERTIFICATE OF LIABILITY I SURANCE DATE1 0711412011 tWl QEkTIFICATE IS ISSUE0 AS A MATTER OF IN6FOlk"tiON ORLY AND dONFEkA 166 BITS U POW THE CERTIFICATE HOLDER. THIS CERTIFiCATe IDES NOT Ai°FIKWTrVMY OR NEGATIVELY AMEND, EXTEND OR ALTER, THE M- VERAGE AFFORbC ? BY THE Pourms ' 13.ELOW.. Tim CI iIFICATE OF INSURANCE DOES NOT CON STiITUTE A 0ONTRACT SEMEN THE MUING INSUREI454 AUTHORIZED. 111 PR SENUTIVE OR I?RODUCE� AND N-E CEI;cT HCA-M F (XDEllr:: IMPORTANT, If the 6pr0pate holder is an ADDITIONAL II,ISUREC� tho' polity(les). must be andofsed. If SUBROGATION IS WAIVED, subject to the terms and ao, ndition5 of. the pollcyj certain poliGIEs: may require an endorsement'. A statement on Wis- Certificate - does not confer rights to the tort I- holder' In IEeO of iiach endorteit g s); -.' PROc .. ... .. ... ._. __. _. IlCER IVlarkvan Wert cfo� Willis DI FlDnda lnc. cooly shyport oriv� Sure 801) Tampa, FL33BOT _ .. . - CONTACT NAME; PHDNa FaLx e 8005',35 5344 ext_ 239 Arc No 'IBBBj 225-4049: e�ntl,ll.: ADlSRES INSURE 5 AFFORDING dOVERAGE AMC# - INSURED[A:, ArnericanZurlrti.l'nsUrance Gbmpanjl 401 l - MISURED P ... Employee Le2si SoiLitio s,1nc: AJi ERIp 5patfs TLIrf O.rie 1nC 1.4C1 Manai* Avenue West Suite &DO INSURER B .. . ..: INS URERO- j :Bra4?ntori. F[. 3-4205 6708 MSURERD- PREM SESO s oaierien� .INsvRER.E' MEd EXP (AN one persan) INSURER.F': $ CpQVERAGES. CERTIFICATE NUMBER` 10FLU79B06959 REVISION NUMBER, THIS IS TO CERTIFY Tii4T'THE PUUGIES OF INSURANCE OWED BELOW RAVE BEEN ISSUED TO THE iLNSURED NAMPO ABOVE FOR THE POLICY. PERIOD INDICATED:. 1410TIIUC, HSTANDIW ANY REQUIREMENT, TERM Oft.' CONDITION CE5 ANY CDKTRAL -T OR OTttER. D4GLHNENT WITH RESPECT TO 1M-II0' THIS e }.11FICATE WY s9 ISl Utp 09 MAY PERTAIN, THE IN5URAHOIE AFFORDEIT SY THE POUCIEF E ESCFURED HEREIN i5 SUBJECT TO ALL THE I'MMSr EXCLUSIONS ANb :rohDITIDN$ QF SUCH'POLICJES,'LIMITS' SHOM MAY HAVE BEER ItEDuCED BY PAlo CLAIMS_ {NSR LTR.. TYPE OF INSURANCE INS -. jAAI POucy NUMBER.' -. :. POLICFif iN119rD - MNQ D (a, 703&' LIMITS GENMI LLiAwLI'GY' . EACH_dCL`LiRRENCe $ CD1u1MERC G4L GERdERAL- LiAB11_ITY CLAIMS -MAOL' 6ccuR PREM SESO s oaierien� MEd EXP (AN one persan) PERSONAL a APV 1N.x1R1' $ . GENERAL AGGREGATE GEN'L AGGREC�ATE.LIMITAPPLIES. PER: PRDDLICTs. - COMP/OP AGG, � : S', S, PbIJC1 '. Piil7 LOC' '. .. AWFOMGM9 LIABIUTY. - CONEWPIFU SINGLE LIMIT- . 6ODILYINJU"(Perpersol) T ANYAUT4 ALL'Or4iRD SCHEDULER Al1TQ5 N HiO Pi i0 MNE0 .AUTOS BOUILY]NIURY(ParaoQdenQ S PTMAGE _ plamlde _ .. _. UMEIkELLA.t1AD OCCUR EACH OCCURRENCE $ AGGREGATE wESsL" DED RETEwnm $ 'IN[ RKms:c0mpeNSRiION AN'O E0 KOYERS" LIAMTY Yl to ANY PRDPRIEr0WARTNERIEXECIJTINE DFFICERIPlIEMBEI� F,]CCLUDEL? (Manea46r1r in NHI lives ;tles�nroelmder DESCRIPTIONDF OPERATIONS bd.W NIA WC $d- bL8121-4)13. 1 213 112 01 0, '(1 LVD:3TgTI1� pTJi- T KY LI ER . E.L. EACH A=ibtNT $':. 9,00oxU EL DISEk§5 -EA EMPLOY $ 1,O011 t)t}0 F- t- DISEASE:- POLICYLikirC V 1100111000. Qualrfilbrc Kenneth VV Gregory 8. Burden A maverland LocatigR Coverage Period: 1,213112010 1213112411 : Dol m DIESCRIPTiON 0E OPER VION51 LlOGA'PONS WWICLES :{AtWI :AW" obi, AddMbnA Remarks $phedule.If niore spaeeis Fequimdj .. . Spo11s TtarE C7rre IR I Bid No 2011-119 Seaprest t=�-r Cornplelc., Hill tQPp?r 50dluni! C.avetage is pmVided fix 9614 SR 7 Dilly td-tn but n. gees eo otbn'13each, FL 33472. leesed:tn 6ut;�aY � subc ontactors cC Endorsements: 30 days written cancel ngtipe 410 d'oys lot rite payrnei'Rf preircum) qt of De]tay.Beaph 100 NW istAve Delray Beath, PL 33444 SHOULD ANY OF THE ABOVE DESCRIBED pOUCIES'BE CANCELLED BEFORE THE. EXPIRATFDN DATE THEREOF, NOTICE WILL, BE DELIVERED Irr ACCORDANCE VIf" THE POLICY PROVISIONS. 'W REPRESENTATIVE 4-K V XA TION. All riahts reserved. AGORD 25 (201111KIS). The ACORD name; and "o are registered marks lof AGO RD # DE:LF( BEACH: 17780 B JVNESS C F ECEIPT &Gf N STRATTON- RECEIPT NP 11 GOID28332 rxETlzloar - �y . ct(+iTlaz No.. 116177 Ulm e a r DATF_,lSSUED• -. 7f2 f10 BUSH SaINAME ZW,.0 TS RF �E INC ' �l tTT µ ��{ BUSINESSTAi�F €E 11.ii3 C;LAS$iF14Tr{3 LliNZENf#AiI�- �h" -+x pEi Im(ZliEfifTFr £: X11 y T ANSFER FEE; A p' Zo T&.."- %WOUN.T F'alfi 11.03 SP4F�TS TUB ONEy INQ � . aW51NESS Teti RCC�f T 155Uo F�iR 7E pE i�itio' s i S'rAT 7�croe�, 2I0 �o wear 2i1 k 'f S7 C) fdTQl� $F FI'FL'3 " m � SINESS TAX REGbp:y T �E r•. ;NSPI]Oil9LY IaISP.tA`YED fiD r � Y t BL1C ViEVI� � BlJSIN I_ CATff3tV. {slc�ti a ibis busikteas fa Y ceFpfb2Caites 1s11JLL end 1!011 oWnersiup, �ausirLess'narrre Araddress is hanged; AApl�earitrnust aPPfY orTransf�r B1yISAk P. i%lFbFtM�RTyQIiI , L' - C14T .rSSU£D ;! 7/2 /1 BU (NESS TP?C RECEIPT 158U5D FOR .THIS PER101 f ;' i " 9 I t CJCTDBER..f 2iT10' TO. SEPTEMBER 34 2011 Ple �e rc�s r [asi + t,i SE nul rer3 � Us►>�ess 14 recbiR#,so that �t Is able to be viewed an cn Ot Ter�r� erar #acct a in.es . i , This bus ne s' a rl e� f re resen #S rQaf ofi paymeant of:your business tax fee fo:r the erroc�d #rbxer f t_e tener0� or�finuous 1�censI'e can bean rn` o and rise# for , P p cr twirl �6 us-- i�nes ,usigj, please, exerc�s dritgenee =:in r raintainirl t�tis business tax reoelp .,. . onre YOU have. ofa#a�r7ed .beFlay beach bi 5mess tax recerpt, you .wrti b serif a renewal not i'oe etch year(v fip daysferxpfafiart.:iQ fhe address rra:dreated arr:tle fae- of the rece�# Peasl�:'etteck effstnss tac rec�rt rI, #brmatian aZcl �f #here i an ,errai reQrf` If LIS'irrrlrierfiia #eiy Tbe,i dray- inposo fines :and pertai#ies far faifrxre tR renew thKS- kausilness fax reo�rpf - - 1. if sou f ange q'i'r` buthO. r� rrl e rsh. Icr-a 'an, +its r�u 't eke :e �i a I� tin fo1-Iefiane ;d p..ay a4 lrarisfer fe..Tbe IaraIrress t rcelpt must be sun-er lered P-,P #a issuaTIC6 of the nevi recer t the I ack''of: #ho rece p #.rnus# be signed arid' dated by' #fie pi ev�ous ovrthe aril Ind. ca ed that all r`ights,. interest; "arld title of the':bi3siizt�ss I 'a5s� ned fo the neW.,?Own r:''' • If h� fi'you :ve, more Phan One business location;. you must obtain a business tape receipt for each lerattcsn. � _. -_ - A separate business' tax r,:cej pt is issued for each use performod41thfn your-bu s- sine . . Please c�iecK :W th i S if jrou E awe any questions regardjng the .classification of youir' E�usiness 'by r [sltrn =firs at 9t?Q ) 'F8t &bhue, our website at MyF) ItayBeach.+ Iri ;. or cal1� kJ5'ai It 1 JL DELRAYi�ACH' Noffce. The Tssuance of esu7f. of a payment of fh'e lrvsfriais fieafrd shall rro'f #fie.rnfeT -ted as, pelmiffing the bi slhess to svpercede the zonhm code of the a4;, iin vndorsement bar the EFty ofa business, nor-cerfi{7cafion bg flie _CTfy of Me compefence ofa business m Tax Collector Anne M. Gannc Wot palrh 8ea chr:FL 33402-3715 1(561)355 -2272 SPORTS TUP. F ONL INC 4AV 5RLANI) BU RDELL A Atcount NAM.Oee' sa 6 . popTs TURr ONE INC 150 f3CYA7.40056 I .. B()�YN.TbNEEACH FL 33414 -0056 be-at BuSiheSs QW09"' r�jot! W yoUf record$ anO This jS:y0U.r neW jocal. business tax, receiPf- Ple3�e keep the. Ul _00spl[ Uoosl'y at. YbU� PIEWO detach tbb b6ttOrn Of his f'OrMl.. Ver ' fiy th'6 ' InfOrimPtIO1711011d - -1. 6Y 0"!r of'buslnesg,,ppenifo ;aj oj-dinaho� :aciSjfioh to land notin:0EW 0'anY liQehte required. 6Y, 1-8kW Or mUnf4 : � y erlaeUl' autburit , ppunty orditilaince This rece0f is, in of'zoniO'9�, he6lth, and $11 ''�th Y and ir�. si.46150 to regulzifions Number72-7)= nce of a s8il . B isiprovided', fhe original � d tdr new ow�ndr widen ia en evid Rec,6ipts..May be'trans errP, - a .r&ceipi is Sur Tend6redandatrans0P,r'feE1 Paid- o of zoning apProval to a nevv I Ocaft n Wh.BO, Pro f ks'1ir4vlded, the Receipts may -b'a trapgfettbd nd j3 tra T55fer fee is paid. Business nam. a 0angas requir6a new r eceip.0. pltes�otj;Sopternber3o 2011 Renewal hotices-are,Mail6datthe end !ofjurle. THS r6cejotax. . - 7 :�"aE'e 'at us. know Ifyot, do imIat reeelvo the t)otjrebY'the ef'O'of Jdly�" P'L I hope you h-aVe a sur-ce!§Sful year- Tax Q0lleGtQ.r F'qR YOUR RECORDS VOCI FlnrldxDe'aitm -tofA rKu1iure and ConsumerServiees 7l�sterde Eertjfc�tia�.Dffice Commxxrial ppllgAtae License ppeucle# CM7591 SZRE fFR, .ROOM I; 3 ' l U0 �A'DRIq..D & PA1.h� SYIiINC3S :�' 33'461' URLwA T-12M, 29-;DRT EXp " "us. Apra b��,Qll gj�tvreofLscensee..• CHAH�.. FSiHAOP�� ]+f.CO1.stff55,laT7E1t'. 76c,bwriniin;ai� ielit�md- WcP.IPYWa OP"F�'4671 *,S,m wayti Oply I'M i+�i+� CQpaberciyt'PEric�nse �HEPP 641. E1V0—Dn BoYNTD,N EP3 H 3 { i i IJ AC ._; • � filby�.�er 1p� z0i4 4 ahm cfLieease `" '• I }�LggQMSON, CC1MWMIOMFR', "ia e�o�.+resndwl B +.�d2�dezh PiF!usimo[nfCBo A-. c' c 19.L7 NE3RD ST, A.M. 109 t FFRFIELD$Cf [�Qe l�rbntaiv l _ E Ytsi a Awls -- 5igslurcvfI:i �+ a.tlaeiedridei.s®�oem'�1+r�7 �P �aandaPCh'�� M&abus: GCSAA FTGA - STMA * FCYCS,E 9819 State Road 7 • Boynton each, FL, 33472 (561) 369 -7994 . F= (561) 364 -111.9 - Estimating Office- (561) 375 -7808: vvN�.spnrtsturfane_com OL11IU01 City Of Delray Beach Florida License File Changes - General Information 8/28/13 16:06:43 Type information, press Enter. Last activity: Business control . . . . 116177 Created: 09/27/12 by INTERNET Business name & address Mailing address SPORTS TURF ONE, INC. 9819 STATE RD 7 OUTSIDE OF DELRAY BEACH BOYNTON BEACH FL 33472 DELRAY BEACH FL 33444 License number . . . . . 13 00028332 Appl, issue, expir . . . 92712 100912 93013 License status (F4) 1N FIRST RENEWAL MAILED Classification (F4) 163A LAWN MAINTENANCE -REG. Exemption (F4) License comments License restrictions Gross receipts . . . . . Reprint this license N Y =Yes, N =No Additional charges N Y =Yes, N =No Miscellaneous Extra requirements N * Y =Yes, N =No Sub codes F3 =Exit F5 =Code description F9= Applicant /Qualifier F10= Business maintenance F12= Cancel N * Y =Yes, N =No N Y =Yes, N =No More... F24=More keys Tax Detail Account Information Page 1 of 1 Anne M. Gannon constitutional Tax Collector Serving Palm Beach County P.O. Box 3353 West Palm Beach, FL 334023353 LBTR Number Tax Type Status 200010958 Business Tax Active Mailing Address: Location Address: HAVERLAND BURDELL A 9870 SUNPOINTE DRIVE PO BOX 740056 BOYNTON BEACH , FL 33437 BOYNTON BEACH , FL 33474 -0056 Business Detail ANNE M. GANNON flue Date Bill Year ITax Penalty /Fee Interest :Total Due 10/1 /2012_.........._.... 2013 —{ - -- — 1$0.00 -- $0.00 -- —' $0.00 $0.00 _._ - - - - -_ car�strrurinrur� rX1t c4[6EC�l ®!� Soviog Palm Beach County Business Name: ;SPORTS Trade Name SBI"V1 g yyou. Account Information Page 1 of 1 Anne M. Gannon constitutional Tax Collector Serving Palm Beach County P.O. Box 3353 West Palm Beach, FL 334023353 LBTR Number Tax Type Status 200010958 Business Tax Active Mailing Address: Location Address: HAVERLAND BURDELL A 9870 SUNPOINTE DRIVE PO BOX 740056 BOYNTON BEACH , FL 33437 BOYNTON BEACH , FL 33474 -0056 Business Detail Bill Number B40006348 - - -- flue Date Bill Year ITax Penalty /Fee Interest :Total Due 10/1 /2012_.........._.... 2013 —{ - -- — 1$0.00 -- $0.00 -- —' $0.00 $0.00 _._ - - - - -_ Total Due: ' $0.00 $0.00 $0,00 Business Name: ;SPORTS Trade Name TURF ONE INC SPORTS TURF ONE INC Tax Year: License Number: 2013 200010958 Phone Number: 561- 369 -7994 Lic. Status: Active New Business: ,01/07/2000 Certificate: Business Type: LAWN MAINTENANCE {56 -0030) Cert, Issued: 09/04/2012 Number of Units: 1 NAICS: 56 -0030 Memo Tax Information i Bill Number B40006348 - - -- flue Date Bill Year ITax Penalty /Fee Interest :Total Due 10/1 /2012_.........._.... 2013 —{ - -- — 1$0.00 -- $0.00 -- —' $0.00 $0.00 _._ - - - - -_ Total Due: ' $0.00 $0.00 $0,00 $0.00 Tax Payment i Bill Year Bill Number 'Receipt Number ;Amount Paid Last Paid Paid By 2013 640006348 1612.618013 $33.00 18/31/2012 HAVERLAND BURDELL A- SPORTS TURF ONE INC http: 1/ taxcollectorpbc. manatron. coml'FabsBusinessTax IAccountDetaiUTaxDetail. aspx ?p=... 8/28/2013 MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Tim Simmons, Interim Director of Parks and Recreation THROUGH: Louie Chapman, Jr., City Manager DATE: August 26, 2013 SUBJECT: AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 LANDSCAPE MAINTENANCE AGREEMENT RENEWAL /COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA, INC. ITEM BEFORE COMMISSION City Commission is requested to approve the renewal of Bid No. 2012 -33, the Annual Landscape Maintenance Contract, for Homewood Boulevard & Linton Boulevard and three (3) medians on Military Trail to Complete Property Services of South Florida, Inc. BACKGROUND On September 4, 2012, City Commission awarded this Landscape Maintenance Contract to Complete Property Services for Homewood Boulevard and Linton Boulevard and three (3) medians on Military Trail for $39,970. This past year, Complete Property Services has successfully fulfilled the terms of this contract. If renewed this would be the second consecutive term for this Landscape Maintenance Contract. FUNDING SOURCE Funding is available in account 119 - 4144 -572 -46.40 (Beautification Trust Fund: Repair and Maintenance Services /Beautification Maintenance) for FY 2013 -2014. RECOMMENDATION Parks and Recreation recommends Commission approval to renew Bid No. 2012 -33 to Complete Property Services of South Florida, Inc. Pat Yong President Complete Property Services of South Florida 5455 N W. 24th Street. Margate, Florida 33063 REF: Bid #2012 -33 — Landscape Maintenance Homewood and Linton Blvd. — Three Medians on Military Trail 1st- (1) Year Renewal Option Annual contract Dear Mr. Yong; The annual contract for the above referenced Bid expires on October 14, 2013. Per page #4, Section 20 "Renewal" of the- Generat-Conditions of this bid package, "The City may renew the - contract, at the same terms, conditions, and prices for three consecutive terms of one (1) year subject to vendor(s) acceptance, satisfactory performance and determination that renewal will be in the best interest of the City ". Please advise if this one (1) extension of your executed contract at prices dated October 11, 2012 would be acceptable. Please respond by signing below and returning one original copy to my attention, Patsy Nadal, Purchasing Division, City of Delray Beach, 100 N.W. First Avenue, Delray Beach, Florida, 33444 or by email: nadal@mvdeiraybeach.com. Since .ely, FS Nada rchasing Manager I hereby`Agree to the one (1) year extension of the subject Bid 1 1 1 am unable to provide a one (1) year extension of the subject Bid Signature Date Zr U g Name (print) cc: David Boyd, Finance Director Tim Simmons, (Acting) Park and Recreation Director Senovain Stephens (Acting) Parks Maintenance Superintendent Sherry Dung.ey, Executive Administrative Assistant r - r. r N CITY OF DEL BEACH: 100 NW e AV.ENM DELRAY BEACH. FL 33444 BID No, 2012-33 LANDSCAPE MAINTENANCE HOMEWOOD & LINTON BLVD THREE MEDIANS 'ON MILITARY TRAIL ANNUAL CONTRACT I =0"' W E MAYOk DEPUTY VICE MAYOR OMMISSI.ONER- M COMSSIONER vit CITYMMAGER - NEISON S. McDUFFIE -THOMAS CARNEY -ADAM FRANM -ANGELETA GRAY -AL IACOE'r. -DAVM HARDEN ppr,thas�wg.DIVWoki+FitLinceDepatWent +(561)"2434161 4FAX (5611243-7166 CITY OF DELI AY BEACH INVITATION TO BID Bid.No. 2012.33 Landscape Maintenance HOMEWOOD& LINTON BLVD/THRUMEDIANS Annual, Contract Tabit. of Contents. Bid No. 2012-33Landscave Maintenauw—Lirdou & Homewood wflh= Medi=3 Gerierat C6acliflaht, [nFhvWonF and Informaticm 2 -5' indemnity/Hold Hart"less Agreement 6, Cone Of Silence 17 ln.simmce Recluiretnerft 8 Imuranca Fom'.Sqmples 9 StandardsForm.of Agreement 12- is Corporate AcitiowledgMerik '17 Cedificate (if Corporation) Surety Performance and Payment Bond 20 $iseq;1licatiom Lanchcape Maintoumm Functions and Tast.0 23. - 29. Schedules at . Pricing 30-34 E6wq: Fr ee Workplace Certification 35 Refeseneef 36 Bid Signature Fom 37 Checia List .38 statement of No old 39. Attachment' A Presvious Wd Tabulation. Bid #2010-n 40 Bid No. 2012-33Landscave Maintenauw—Lirdou & Homewood wflh= Medi=3 CITY OF DELRAY BEACH PURCHASING OFFICE 10 NA I st AVENU5 DELRAY BEACH ,FL 334 (�61) 243 -7164 7183 Fax: J5.61.) 243 -7161 BID No: 2012 -33 DATE June. 28,.2012 TITLE: i;ANDSC"E' MAID TENANCI FIOM EWOOD .AND LINTON BLVD WITH THREE MEDIANS ON MILITARY TRAIL - ANN OWL WL CONTRACT BIDS MUST BE RECEIVED ON OR BEFORE: 11{ f'EDNESDAY JULY 25;. 2012 @ 10:04 A.M. at which time all tides Will be publicly opened and read. This Invitation to Bid, General Conditions, Instructions to Bidders; Special .Conditions, Specifications, Addenda and/or any pertinent document form a part of. this bid and by reference are made a part thereof. PURPOSE; It is the purpose and intent of this Invitation to secure bids for item(s) andlor services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. A MANDATORY PRE -BID CONFERENCE has been scheduled for WEDNESDAY JULY 11, 2012 @ 10:OI1 All interested bidders are required to attend and be prepared to ask questions; Bidders' failure to attend Pee- Bid Conference Will result in rejection bid. Bidders' failure to sian4n within ten (101 minutes of the scheduled conference stated time will result in rejection of the Bidders bid. SII=AI -511 13108: Sealeo bide Will be received .in. the .P rghasing; Office, until the date and time as indicated above. 81ds will.beopened pu, blicly l.n:City Hall and all bidders and - ;general public are invited' and' Iancouraged to attend, All bids shall be subn7itted in.. sealed envefbpea; mailed or delivered to the Oitf. of De fray Leach, Purchasing Offiioe,, 100 NVV r rst Avenue, ;Delray Beach„ Florida 3M444. Outs.ide of envelope shall plainly identity bid by;. BID NUMBED. TITLE, AND DATE Of. Big OPENING OPENING t. It is the stile responsibility of the .bidder to eosurs that his of her bid reaches the Purchasing Office on or liefofe the, closing: date -and hour as shown' above.: 'RETURN ENE. (11 t3RIGMAL AND ONE (1) OF R1 =Qll1F ED BlD SHEE7S; Arty failurei' on the part .of the suppli$f t+o corr pijl UVlth fhe erisuirig Coo itd E. and. speciificatiot#e shall be.ressorx for ter inafion bi contract. Copies O► the speciffeat(dris May be downloaded from ww* DemandStaroorn phone (8QI]) 71 f -1712 or m be obtsir4eci in hotel copy front the Purcha B. Office, arty Hall 100 I:'IN, 'f Avenue, Delray beach Florida; X3344_. AWARD ,The City reserves the to WarVe mirior'varlations to specifications, infartnalltle�, irregularities acid 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. All .servicetwork performed shall be in accordance with the Contract Documents pertaining thereto, which may be examined at the office of the Purchasing Division; 100 N.W. 1 a Avenue Delray Beach, Florida; 33444 Call Purchasing at 561 - 243 -7161 or via. email nadal@rnydelrayt)each.com for addition information. " *The City of Delray Beach, Florida reserves the right to accept andlor reject any and: all proposals, to waive informalities; to re- advertise and to award the Contract in its best interest. Bid No. 2012 -33 Landscape MaintenaoCc — Linton & Homewood wrFhme IV14ans GENE �CoN0 V1v INSTtYQRON$ AND, INFORMATION �0R i'. SUBMISSION AND. RECEIPT -OF BIDS' Ae, Bids, ,( roceiVe ,Whs'Ideration, mint be received prior to' the specified` tinge of opening as designated in the invitation. B": Unless otherwise specified; bidderro MUST complete all questions and' price blanks in: the spaces provided in. this, invitation: to Hid. Failure. to do so may cause your bid, to'bia :rejected; However, you m ay attach supplementall information_ c: Bids having any erasrrres or corrections MUST be initialed by bidder in kink; 'Bids shall be signed in ink. All prices shall be typewritten or filled in with pert 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 shoi+wn, these quantities is estimated only. No guarantee or warranty is given or implied by the City of Delray Brach 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 quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern_ C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price. reduction and second to. bidder offering firm prices for full contract period_. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and /or services at prices less than our contract price, the successful bidder shall meet these: prices and in the event of his failure to do so, the City of Delray Beach may negotiate for 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:. 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. fie Time will be of tt* essepce for shy orders ptaced as a result' of this bide Putpha:ser reserves the'09fit t9 cancel such orders, or �Py hart thereof, wftut dbligatign if deliv.;e.ry is rtot roads at the time ,; sj specified on hid�for`ln, S... BRAND NAME:, if and whenever in the specifications' a brand name, make, ,name of any manufacturer, trade name., or vendor catalog. number is mantiohi6d, it is for the purpgse of e?st LbHshing a grade or quality? of Material on Cy. Si ce tha City does not wish to rule' out - other tompetitidii acid : oval brands or rna.ke; the phrase OR EQUAL is added_ However, if a product: other than that Specifl r# is bid, it is the vendors responsibility to name such product within bial bid and to prove to the City that Such prroduct is equal to that speciti;eci. Bid No_ 2012- 1 -3' 'Landsca'pe: Mai itmance .t.'intnn .& Ranr'ewoQd rYtrbiree -Med6m 2 . I 6. 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. 7. 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 accepIt ed 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 specfica#ions, 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, 9, 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. 1.0. COPYRIGHTS Oft 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. SAFETY STANDARDS :. Manufactured items, fabricated assemblies and on -site contractor services shall comply with all applicable federal, state and local requirements. For on -site contractor services, the City reserves the right to request documentation of contractor compliance with OSHA standards to include but not be limited to: required employee safety u health training, written safety and health programs, provision of required personal protective equipment (PPE), and/or provision and use of required atmospheric monitoring equipment. Hazardous chemicals must be accompanied by a /Material Safety Data Sheet (MSDS), as required by the Occupational Safety and Heafth: Act (OSHA) of i570; as ame, ndad, and any other '6 pltcpble federal, state and local regulations 121, MANUFACTURIER'S. CERTIFICATION." The City of Delray Beach reserves ' the right to request: torn lbidoers separate mainw%cturer', Orflfit:ajtlon of allStatennents made in the proposal. the l�ED; BID AN OFFERo This signed bid shall be oorisl0ered an offer on the part of 1�, SIGNlGI7 BIt� C[] tract6r,: which offer shall be. d med accepted upon approval by' fhe Crtj,, .Manager andl6r dity Lorna isslon of the City of Delray Beach and in cafe of default on the part of the bidder or cpntraetar 'after such aGeeptance, the: CIty. of 'Delray Seeeh may take subh action as it deems appropriate including legal action fbr damages or specifid performance, U. LIA'BII.[lY.. INSURANCE LICENSES, PER MITS .AND PERrORMANCE BOND-, A, PERM] T9. 1P bere bidders are required to perform work on City structures) or property as a result of b dawArd,j the City veil I waive the cost for permits. Contracio.l', shall pay forrmits for all other work, B. = LICENS ESr if you are not licensed to. perform wade in the City of Delray Beach you MUST obtain a City of Delray Beach "Business Tax 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 -, Vll or better.. If you have any questions regarding the City's Insurance and /or Bond requirements, please contact the City's Risk Management Office at (561) 243.7150. See page eight (S) for Insurance Requirements= A "sample" certificate has been attached. D. A performance bond is required far this bid- a surety bond issued by an insurance company or a bank to guarantee satisfactory completion of the project by a contractor. Bid estimated value per year $ 29.700.; for bonding proposes only. Bid No. 2012 -33 Landscape Maintenance—Linton & Homewood wrrbree Medians 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 materiallservice from use as specified will not refieve the bidder from responsibility. C, The issuance of an addendumisl is the only official method whereby interpretation, clarification, changes or additional 2ormation is provided 6y the City, It shall be the sole responsibility of each bidder, during and prior to Bid submittal to determine if addendum(s) were issued to any particular 1T6 and to obtain a copy of said addendum(s) from demandstarr.com or by contacting the Purchasing Departrment @ (561) 243771.61 or 7163. NOTE: The City will make every effort to notify registered bidders by email that an addendum has been made to the Bid, The City shall not be responsible for providing: notice of addenda to potential. bidders who received a Bid package from other sources, 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 non- conforming, non - responsive, unbalanced or conditional Bids. The City reserves the right to reject any 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 twill 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 sure, 17: TAXES : The City of Delray Beach is iaxempt from any sales tax . `impo.5edi by, tha State Arid /or Federal Goverament. Exemption certft. aces cerfifted- upon request; State Sales Tai Exemption Ceit ficat,e NO. $5= 801262155O.C=4: appears on each ;purchase rder.. & FAI!LUKE T: 0`131[3: if VOU do not bid, return ,'Statement, of No 13id i5brm "' and'state reason. Otherw ise; 1f0_Uk NAME.'"MAY" $E:REll OVEQ FRDNI OUk MAILING LIST. EXCEPTIONS TO Cl?N617`tDltlsa 1 THRU 18 Moiler Platek Any time Bid' Specifications differ from. the General Cariditfon, Bid S.pecifica: loans, arrd f?perP Pravisivrls will p rev. ail, 20. RENEWAL. 3h City Manager nay renew the: -contract, at. the same terms;, condititrins, and prices; TWQ jay, consecutive terms) of ONE () year(s) subject. to Vendor acceptance; satisfactacy perfoirliance.and eterrr in4Voin :that renewal Will be in the 4est10eresi of the City.. 211. TERMINATION The City reserves..the right,: in Its: best interest as determined by the City, to cancel bontract.'by gAiring written Ootice to the Contractor :th'irty 00): days priv,r to the effective date of such canceElatieri; lr thL- evr?nt of such terminabbh., any cornpleted'services perfprmed .by .the, Contraeti r under this. contract shall', at the option of the City, bec"a tare city's property and the Contractor shall be entitled to recelve equitable compensation for any work completed to the satisfaction of the City_ 22, 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 Iist(s). Bid No, 2012 -31 Landscape Maintenance— Linton & Homewood wn -bree Medians 23. 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 R The award it '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 (1 Q) or more in the bidder's firm or any of its, branches, ?i. CITY. POLICIES: II=S: AWar ed cantreGtor shall corripiY with the City of 'DLAray Beach E,quai Employment. dppor n[ly pnxt y,: Volence in th oft(kplace Policy, Drug and Alcvhat Eree,W6rkplace Pofil General Co fnplaint' �'oltdy 'and 5taaruat Narasssnerit Rolicy._ +Grapies'ot these. policies may be obtained from the lfy of Clelray Beach Hum21a'lespurces Division..iolations e�f,these policies miy resuif it cancellation/fer rl n.atibn b,f khe contract, �6. NON -t 1.5GRIMINATION:. The S'idder shall Wt zdiscrimifiate against ernploYeP4, or applicatits' for e'rnpiayMent .because of race, creed, colas, rellgioIn, sex; age, handicapped statue, disabilities, or national origin The Bidder will endeavor to ensure that applicants are err�played Arid that eMployees are- treated during errlplo�►ment, without regard to. t4e;'r race cm d, color, teil On, sex, age, haroigappe l status, disab,IfitleS, pr stational origin, Such acl n shall 'include. but hot be limited to the following., 'emptpyrtrent „upgrading', Sienlotiori, or ansfer; recrWtment advertising, layoff or termination; rates of pay or ot'he> roans of cornperisation, and Selection fat: tfainfng including ,apprenticeship. The bidden agrees to post 1h conspicuous places,; a�rlable to employe .and applicants for employment; notices se#t hg forth the provisions of this nondls.crimination tWus'e. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 26. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair . of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity.. Sid No. 2012 -3 � Landscape Maintenance — Linton & Homewood wfn=e Medians INREMNIVYINOLD 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 taW� iriderrihify and hold: Harmless tile: 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 lass caused by any negligent act, error or ornission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification t}bligatians 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 workers 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 Indemnlficatygn clause shall be borne by the Contractor, The obligations contained in this. IndemniflCation Clause. shall continue irydefihltely and survive the'cant�AMlation, 6rminatlon; expiration, lapse orsuspensioh ofthl§agteement. Cointcartlfors Nana Corrtple a Property Services Si naWN of South FForl a.11nc. WdNm 2012- 33'LeM. scape 14Wnt�naoce -Udton &NotrieWuod af1br&.V[ ti qm COME OF, SILENCE Bidders areadvised that bidder or anyone re iesenting the bidder cannotzammrun catewe any City comnAssianer, or:any City empioyee,� other thart the :pity employees located in the'Purchasiog' Departrrjent, regarding its bid. i.e., am Cone of Silence The "Cone of SilencdA is in effect from the dateliime 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 a mandato rebid meeting during the actual pte -bld meeting. Once the pre -bid meeting is over, bidders may only communicate with emplpyees of the Purchasing Division. C� tet� ro Se iceg Contractoes Name I"P P pe ty iIt m— ct�4 Bid t gib. 2Q 12 -33 i.40dseape Mobiftaooc Limon, & Homewood vi Mte~e: Medians. INSUKA NNE. REQUIREMENTS A. GENERAL During: the term of'the contract with the City, the-contractor shall, procure and maintain insuranW of the types and to the limits specified in paragraphs (1)16 (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 far all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of $100,000 each accident, 2. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,400 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, 0) No exclusion for Underground, Explosion or Collapse hazards. 3. Business. Auto Policy - 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 $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non -Owned Vehicles. d) Employer Non- Ownership, 4. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this bid and section and the above pare whs in accordance with which such insurance is being furnished and shall state that such insurance is required by such paragraphs of this contract. The successful bidder will include the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate".. Bid No. 2012 -33 Landscape Maintenance Linton & Romewood w11$ree Medians Ut"bxent 1, I of 3 7`Y' 6F D%LW SEMI': wWvamw.n WWMGW+a"n,RU&mMM%voetflvM Q oan.w... 300,,NW lst OEM g071 TTd IElRig9CJ1Wumft 1 MTO WW G6 S" WWj. DELRAY BEACH, FL 33444 WPM iO ae oar LWAL Y of AWOW WON TW OWKIDO,"►.care OR FSPFZWMTNM eunOtMMER sERVEM Bid No, 2012-33 Landscape Maintenance— Linton & Homewood. wfiliree Medians � nousa voRrsoRa-nori yea - � ) IMPORTANT w the waffoa6 Wder is an ADDMML INSiMU, fate pality(les) must te endow A sWeMeM on M drams not =far dgit#s is 119 ce ate holder fn liou of m endomernon � if SUBRO( INnO l 1S; WAIVE[). subjmt to Qt& terms and eonditm at `tN pdioY, CeMlb P09*9 M'a requim a vndmarnenL A valarmnt co Ifs wrfflWe dads not confer rgfiiS tq ffO 045css holdar In Od t ofsUO endnrseMOrit(s). DMILAIMER M The Ito of i ,r t act the ImVmd WO of INS k9m 0 Wk C*MtUe a 0 betae" tt a g In r(s) �I+�d M or t,aducer t3nd � o�tti oxder, i t � r ter t o t m%4 abxd or adWr Ow cwmrago Wftdeii by ft poNds lobd titer Bid No. 2412 -33 Landscape Maintenance, - Linton & Homewood wn -hree Medians OQUEYNUMpER: 00MIK9RCIALGER ACUAARILRY CG 2d. 4T THIS F-NDbRSE V EWr'CHANhr -S THE FOUPY Prt ASR FEE 01T cAgrFmLy. ADDITIONAL INSURED - DESIGNATED PERSON GCS ORGANt iTIO `ails endpwrent modifies insurance PraVided toder the folt*ry e Mi k lAt. v na LtA aiUv. cQV'WGPART s��t1l k[ a Of Rdditiastal Irrsursd Person s Or Or anizatian (s irrEsrrr mfbn MMki5dtguaMplale Hill Schad if notshmm abom vw`tl bi show In tha Dedmz4orm $ec -don q. Who Is An insured Is ame -ded to tri- cilyder. as mt Zmow insumd the Persor►(s) or organi- z4ort(s) shown in the schedule, but cdy vAh respect to RaW for t"o .Pn1mY`,. ,prvm[Y damage' or 'parsorat;and m*z t Inq Ir4ur� caused. In Wmle or In part, by Your acti or arum WOns or # to acts ar omis- slans of those arang on your behalti A..Irt via pecfarram ce of your orr9*9 opsmOorm, or a. in conneutbre vdIh your premises owned byr or rmAed to yom , Bid No. 2012 -33 Landscape Maintenance— Linton & Rom ewood wtThree Medians STANDARD FORK OF A¢REE "EMT NI PIWERN CITY #11111110 CONTRACTOR THIS AGREEMENT rtiade this day of'"� 2Q, by and between' the CITY OF DELRAY BEACH (hereinafter called CITY) and .. c . i(hereinafler called CONTRACTOR), 4 ` WITNIESSETH The {CITY and the CONTRACTOR in consideration of the mutual covenants. hereinafter set forth, agree as follows. I. 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 - or tho.satisfactory compliebQ t of the, cor*acts requirements. Th6 coritract`0006.n thO 'CITY and tile: CONTRACTOR 1helude the folJovuing document which are attaahod heretai'and locorporated herein by reWence of the following CONTRAc`r bt G MEWS . PAGE'JVUMEF S l0itation 16 Sid 1 Genai'al Conditions, lnst�tii0on§, -and lriforrrrationl 2-5 lniiemhi.tytHold lla 66ssAgreatnO it' s; iCone' of S.ilp iro, T lnstrrancg Requirements 8 lrr§Ur4nce'formL Samples 0.11 Standard Farm of AgMernOt' 12 -1 -6 Corporate Acknowledgment 17 Certificate (If Corporation) 18 Surety Performance and Payment Bond 19-20 Specifications 21-24 Landscape Maintenance Functions and Task 25-29 Schedule of Pricing 3D - 34 Drug Free Work Place Certification 35 References 36 Bid. Signature Form 37 Check List 38 Statement of No Bid 39 Attachment " A" 40 Sid No, 2012 -33 Landscape Maintenance Linton & Homewood wfThree Medians 12 Adderida: numbers: to, inclusive, and arty. modifications, includ hg Charge Orders, dul y delivered after, execution cif his Agreement: 4, The terrii of this wntroct shall ccmm6hce on the. date Indicated on the: Notice t6 Proceed: Th'rs agreerrtient shall be gav6rnec by the lags of the Stata of Florida. as Now onri kiereatte;r -in force. The venuo for ktioris ar-i�;ing out of thisi agreement shall be i Palm Beath County, Florida; :, All notices, requests., demands,, and other gib if personally rieiivered or ma 11ed, rerti-fteol mail, returl? reoa'ipt requested,, to the f6lftWlra9 aad,reSsesF, As to City; City of Delray Beach, FL 100 NW 'Ist Avenue: Delray Beach, FL 33444' As to CONTRACTOR. k-L.Z14 714 Sq 7- The CONTRACTOR shall Clot, without prior written. consent of. the CITY, assign any portion of its interest Milder this contract arid, specifically;, the CONTRACTOR shall not assign any moneys due or to become due: Wit<houut, the prior written consent of the CITY. S. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, 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 Bid No. 201233 Landscape Maintenance — Linton &: HoThewood - wrrhree Medians and employees, from or nit accounf of any !abilities, damages, ,losses and costs received or sustained by any person r' r persons by or in consegiwende of 'arty negligence (0900ding the sole neg:liigen'ce, of the. CITY ); recklessness. or 'iofentlbnol Wrongfol misbonduet of the COWRACTOF and any, persons employed or utilizod by the CONTRACTOR: in: 'the. performance of thi's Project CONTRACTOR, agreeg. that negligent; rer less or 7ntontiortal wrongful Misconduct includes, but is not Limited to,, .+use of any 'rtiproper materials or g. lay or on account of the use of any improper Mbilities4: dama es . losses. or cysts. caused: .Materials. CONTRACTOR 'agrees, that negiigent, reckless or intentional wrongful miisca' dodt also includes but is not limited, ta'the violation of aray Federal, $tate:,.Caunty Or l lty l .VVs� oy�laivv$4 atd1rlari.c+es ar tegul;ations by the COISITRACT(]R; his si�bcontractars, agents, servanta, or amployees. CONTRACTOR further agrees to defend,,, indemnify and save harmless. the CITY from all such claims and fees, .and- from dray: and all' suits and' actions ofd: every name and ,description that may be brought egaihst the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that May be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification. provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. Bid No. 201233 Landscape Maintenance — Linton & Homewood wM ree Medians 14 The CITY' will pay to the CON.TRACTORthe specific GQ'nS1de.rA1O:n of fen dbhm and other good 'and voluable eons dOrq t�qn a� specific toOsideration; f6r the, indbrnhification prOVided herelft. FUrtherm- Qfe,. the CONTAACTOR. acknowledges ghat the bid poce jncludeg said co"Olderatiori fQr the iqdem, nificatiom Provision. 10, 'This Agreerhent SW[ be copsIdL-red null and void unles$ .sloned.by b6th the CONTRACTQR ano the CITY, Il. Th-e r�-dhtradt doctim bn1s, constitute the entire agreentient be�Ueed- the CITY. and the CONTRACTOR and may 6 ly bo altered,, amehd6d or repealed :by a duly executed written instrument. Bid No. 201.2-33 Landscape Maintenance — Linton & Homewood w/Three Medians 4 � ,Iii WNESS WHEREOF.,. the panes, hereto have executed. this Agreement, the day and year first above*tit(: #n. ATTEST, City clerk Approved as to form: City Attorney 0. ITY [visor S. . Ei cQufir WETNESS. CONTRACTOR: BY: /24 yj 4 (Print yr type name and title) (P(nt or type name and title) (SEAL) Bid No, 2012 -33 Landscape Mauitenance— Linton & Homewood wfl ree Medians CORPORAV E ACKNO WLEDGMENT STATE OF ` COUNTY of The foregain : instrurndnt was acknowledged :oefare me this , day of 2Q officer or agent, Me of Officer or agent }, of. 1o&y'eA! -5W4 -' =-�FeN Mr &* (state or 010ce of in`corparation) corporation, on behalf of the corporation. Hel.She is' (personally known to me ). (or has produced identification) and. has used hislher (#40f ideh ificaticLn) as identificafibn. Signature of P n Taking wunt ow Ackripwiedgm nt WTARYPUBM SMITE CW FLORM ,Name of Ab.knowl.edgerTyped� Printed sir Stamped Bid No, 2012 -33 Landscape Maintenance — Linton & Homewood wrEbM Medians 1l CiIFfCA *E (If Corporafion) STATE OF FLORIDA }' SS. COUNTY OF l� I HER:F -BY CERTIFY that a meeting of the Board of Directors; of MOAei e MPAe4te SfA K- 411' a corporation: under the laws ofthe State of held on 5f0 /r _ 20 A, the following resolution was duly passed and adopted: "RESOLVED", that. r Presldent of the ,corporation; he/she is hereby authorized td execute the Agreement dated , 2 between. the GKy of Delray Beach, Florida and tl is co"ratiOn, and that his execution thereof, attested by the2 Secretary of the Gorporation .and with corporate seal affixed. shall be the official act:and deed of this corporation".. N. 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 r day, of , 20:. (Secretary) (Seal) Bid No, 2012 -33 Landscape Maintenance Linton & Homewood wlThree Medians. IS SURETY PERFNRIVAMCE AND PAYMENT 0014Q Bond No By.-t are as [s ad, We _ - - , as Pdricipal; Whos p Contral business address and phone ctor udder the contract fated. 20 -- between Prf gipal and tlie. City of Delray .Beach, whose; principal address and_ phone. nurntjer are far the cbmtruction. of Project No.; , more .particularly described as and located at (hereinafter referred to as "Contract") the terms of which. Contract are incorporated by 'reference in its entirety into this Bond and , as Surety., whose principal business address. and telephone number are the sum of (U.S. dollars) $ , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that Principal; 1, Performs all the work under the Contract, including but not limited to guarantees,. Warranties and the curing of latent defects, said Contract being made a part of this bond by reference, and in the times' and in the manner prescribed in the Contract, including any and all damages for delay; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1) Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract and 3. Pays City all losses, damages, including damages for delay, expenses, costs and attomey's fees, including appellate proceedings, that City sustains because of a default by Principal under the Contract, including but not Limited to a failure to honor all guarantees and warranties or to cure latent defects in its work or materials within 5 years after completion of the work under the Contract; and 4. Performs the guarantee of all work. and materials furnished under the contract for the time specfied in the Contract, including all warranties and curing all latent defects within 5 years after completion of the work under the Contract= then this bond is void; otherwise it remains in full force. In the event that Principal shall fail to comply fully with, carry out and perform the terms and conditions of the Contract the Surety, following receipt of a written demand by the Obligee to correct Principal's default(s), and having failed to correct such default (s) within a reasonable time , shall be deemed to be in default fifteen days after receipt of an additional written demand by the Obligee to correct the Principal's default, and the Obligee shall be entitled to enforce any remedy against Surety .available to the Obligee including, but not limited to recovery of damages for the Surety's delay, If no specific periods of warranty are stated in the Contract for any particular item or work; material or equipment, the warranty shall be deemed to be a period of one (1) year from the date of final acceptance by the City. This Bond does not limit the city's ability to pursue suits directly with the Principal seeking damages for latent defects in materials or workmanship, such actions being' subject to the limitations found in Section 95.11(3)(c), Florida Statutes. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 (2), Florida Statutes- Any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation. under this Bond. Bid No, 2012 -33 Landscape Maintenance - Linton & Homewood wflluee Medians IL] IN WITNESS WHEREOF, the above bounden parties have caused this Bond to be executed by their appropriate officials as of the day of 20— CONTRACTOR (Contractor Name) BY: (President) (Managing Partner or Joint Venturer) (SEAL) COUNTERSIGNED BY RESIDENT SURETY: FLORIDA AGENT OF SURETY: Name: (Copy of Agent's current Identification Card as issued by State of Florida Insurance Commissioner must be By: Attached) (CORPORATE SEAL) Name Attorney -in -Fact Bid No. 2012 -33 Landscape Maintenance Linton & Homewood w/Three Modians 20 A L L .l A R- FINANCIAL GROUP viscover the Difrerenta... 7/24112 To Purchasi lg Department Bid NO. 2012-33 City of Delray Beach 100 N.W. " Avenue. Delray Beach, FL 33444 RE: Pat Wong; President. Complete Property Services of South Florida, Inc. 5455 NW 24h Street Margate, FL 33063 To Whom It May Concern: Please be advised that the above referenced is a firm in good standing with. Companion Property and Casualty Insurance Company. It is our intention to provide the necessary Performance and Payment bonds up to $250,000 for Complete Property Services of South Florida, Inc.. Our willingness to provide such bonding is based upon. our understanding of the proposed contract terms, and upon underwriting information currently available to us. while we know of no reason that would prevent us fxom issuing the required Performance and Payment bonds, final approval will come only after we have had the opportunity to review the proposed contract and related documents. Sincerely, ALLSTAR SURETY COMPANY, INC. Program Manager - Surety COMP ON PROPERTY AND CASUALTY INSURANCE COMPANY Jason S Centrella Vice President J SEAL SURETY - FIDELITY INSURANCE AllstarFinancialGroup.com Post Office Box 600962, Jwksonvrlle • FL, 32260 -0962 1 1481 old 5r_ Augusaine.ltd • Suite 104 Jacksonville - FL 32258 T 9044.238.1324 . Toll Free 1:800.639.4958 F 904.230.092.1 . Toll Free 866,417:732'7 CITY OF DEL RAY BEACH spE��Nar�s LANDSCAPE MAINTENANCE— HOMEWOOD AND LINTON. BLVD WITH THREt'.MEDIANS ON NIILiTA'RY TAIL — ANNUAL CONTRACT B)D # 20 12-33 ;:. PURPOSE:; The, purpose of 'this 'Bid is to establish an open -end Contract to provide the best quallty landscape main enaitce service available at the most ecorlom cal price. Service arid good.: wakmanshlp 'are" of primary concern. 8idde3rs with low standards for either service for workmanship: wiii tae judged to be non- resporlsible and their. bids non -resp nsive. Nb bid inri[I be :a pled if it ofpers. lower standards of material and/or wor mpnship than Is descrjbad'th +erein; 2. f4 tCE OF AWAR It: js; and shall' be understRod and agreed that Ceritradt shall be deerneall O 'tae ,Eiworded and Validly drit0ed- into 'between he successfull Bidder and the City when W6. ter :000: Nis: beeq given they av riled', by the City thrpugh lts_ ; lQihowiad agoK and purchase artier sha11 bei 6di to: the'�idde�.r, rousting same, Ooniract<', shall be! ;awarded ; to ,the Bidder who demo "narrates ecimplianre IIth bit[ specific atiohsi oapalaiilty "to pertorrn accordtng, to the' ter.ims of the" Contract,, and responsibility with +cu.rrent dieriis; Restdrerire check, .r viewV of eAltiprrient, examiriatiorr of finaricial stability, and person MWN.iewwill be cohsld r4d'toge1 * with. p shoe in: the contract aware:. Ei11 D R ]1► UisT' BID QN ALL ITEMS TJSTI ID" ITM N THE...AREA DES.qqvirm dF.'AREAS TO BR MAINTAINED A. Homewood Blvd,, (Between Linton Blvd. and Lawson tl°vd.) b� Lizttoti 131vd, (Bet a Mffitaly. TraU& the CSX R 2ftEid)'. c:. T} = I�e�. W on Militaiy TrAil'(Front of Delair County Club) 4. 1=IRM PFtldr : The City requires a firm price for the'Cdntract period'.: 5. T .TERM. Teft ;of c.untract' shall' be one (9) year from o Wtard of contr� . onlor about Pcuguat 2 4'I2 a:iid 6Y, jg one year later The City . Mapager may .renew the dontract„ :dt the sarrie terTtj vondWoos,, -and prjce(s) for two.(2) coo"cutive terms of one ,(1) year per paragraph #24 of (Gametal' Gor#dl 6:ns of this bid';' 6. MARKET. CONDITIONS . The Q#y reserves the rigt t to purchase Tarr the ;open p)00 et should, lower market prices prevail, at which tlrne the selief shall Have the optjan of !4noeting the tower Pried or relieve; the;iii Qf;ahy otsiigatian,pre�IfiaUsly uriderStie3d'., ;r, HOURS, OF ol'ERA31 6sN, — Mondq through F`rtday SQL" ,t�:.M. TO 5,Q0; ;M, Ciply witlx pofmrsslon from the City designee may work days or hors b'e .altered. ORDER PLACEMENT: After the award of contract to the successful bidder, the City reserves the the right to utilize either of the following order placement methods: (a) Purchase order will be issued to the successful bidder throughout the contract period on an as- needed, when- needed, where - needed basis. Vendor must note the name of person placing order on delivery ticket. Or (b) A blanket (open) purchase order will be issued to successful bidder for the City's anticipated annual dollar volume, Releases for partial delivery of services will be made against said blanket order. Vendor must note name of person placing order on delivery ticket_ Bid No. 2012 -33 Landscape Maintenance— Linton & Homewood wfMree Medians 1 9. PERFORMANCE: It is the intention. of the City of Delray Beach to purchase landscape maintenance services as specified herein from .a source of supply that will give prompt and convenient service. Any failure of the successful bidder to comply with three conditions may be cause for terminating any resulting. Contract immediately upon nonce by the City. All laborers must wear orange safety vests and all vehicles parked along the right -of -way must be marked with traffic cones (32 inches in height), and 'Men Working" signs to be posted when performing any work on medians. Ali: landscape maintenance shall be in full compliance with the State of Florida "Manual of Uniform Standards for Design, Construction and Maintenance for Streets and Highways ". 1.0, PERFORMANCE PROBATION PERIOD-. The successful awardee will immediately enter into a three. (3) month probationary period upon contract award. During this time the awardees' perFormaEnoe will be closely scrutinized by City staff_ If the awardees' performance fails to consistentty meet the standards specified within the bid, his contract will be promptly cancelled. If his performance is acceptable, then he will be also notified and the contractwill extend through the expiration date given in this bid. The City has the right to terrninate the contract during the probationary period with or Without cause, and this right shall be solely at the discretion of the City. 11. ALTERNATES: For purpose of Bid evaluation, Bidder(s) must indicate any variances to the specifications, terms and conditions, no matter how slight. If variations are not stated in the Proposal, it shall be construed that the Bid fully compiles with the specifications, terms and conditions as stated. 12. BACKGROUND INFORMATION. The City reserves the right, before awarding the Contract, to require a Bidder to submit such evidence of his qualifications, as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City. NOTE:. For this bid vendor must .attach to his bid an accurate, up -to -date listing of his current maintenance equipment, including brands and model numbers. The City also requires a listing of commercial as well as residential accounts, including main contact person and phone number. This information will be considered. in the contract. award review. FAILURE TO INCLUDE ALL. DATA I }R(QC S; PRI:DFt'SUBtVIITTALS,VVILL NOT BE 6CCEPTEJI), Glty rat4rivesrtlhiashgh t to inspect all mplrtterlaricer equipment prior to, ob tMO award arid: to request your MOO recent cprppratir financial siatern.uri.t far'revieuy: 1 & CDMPgVENgV 0 BIODERS Ore-ayrard iAspecti 16. TRANSFER PROHIBITED: The successful Bidder shall not assign, transfer, convey, sublet or otherwise dispose of this Contract, or of any or all of his or its rights, title or interest herein, or his or its power to execute such Contract to any person, company or corporation, without prior written consent of the City_ In the event that the successful Bidder does not hold a commercial pesticide applicators license, the successful bidder may contract with a qualified firm to perform the chemical applications. In this event, the successful Bidder shall notify the City of this intent and PRICES FOR THE WORK MUST BE LISTED IN THE SID. The bidder must extend those services for the duration of the contract for the prices quoted. NOTE: THIS PROHIBITION APPLIES SPECIFICALLY TO MOWING OR EDGING SERVICES; 17. 13EFAULT ON PRIOR CONTRACTS: No proposal will be accepted froth, nor will any Contract be awarded to, any person or firm which is in arrears to the City upon any debt or Contract, or which is a defaulter as surety or otherwise upon any obligation to the City, or who has failed to perform faithfully any previous Contract with the City. 18, CAPACITY: Vendors must have the capability to perform contracted maintenance on a timely basis and with proper equipment and supervision. Vendor must adhere to maintenance procedures and schedules as set forth in the conditions and specifications. Failure to do so shall result in Contract cancellation. 19, BID QUOTATION SUBMITTALS: All Bids must be submitted on the attached "Bid Form ", VENDORS DUST BID ON ALL AREAS, 24. INFORMATION: For information regarding the submission of this Invitation to Bid, please contact Patsy .Nadal, Purchasing Manager, City of Delray Beach, at (551) 243 - 7161. Any technical questions regarding maintenance areas and service listed relative to this bid should be In writing via email nadal[cDmydelraybeach.com or fax (561) 243 -71.56 and will be answered in the form of and addendum. . 21._ VENDOR SERVICE REPRESENTATIVE: The Bidder must submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for the coordination of landscape maintenance service. A contact fqr bath regular work -hours and after - hours, weekends and holidays must be identified. This will become a pait of the bid proposal and shall be understood and agreed_ 22. BILLING, SCHEDULING AND REPORTS: Vender shall submit a monthly invoice the first of each month, itemizing all maintenance items performed the previous month. A schedule of all maintenance items to be performed the following month shall be submitted with the invoice noting dates, times and locations of operations. The Delray Beach Parks' and Maintenance Department must be notified prior to any change in scheduling within five (b) working days. to allow City staff to inspect: sites for scheduled maintenance. Written reports must be turned in to the Parks, Maintenance' Department after Each mowing operation on a checklist to be provided. to the awarded vendor by the City. The vendors Federal Identification Number must be noted on the Bid in order for payment to be processed by City. 23: 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 bad 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 an leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier„ subcontractor, or Wrlsultant under a contract with any public entity, and may not transact business with any public entity in excess of file threshold' amount provided in Section 287.017, for CATEGORY MO for a period of 36 months from the date of being placed on the convicted vendor list: 24. HURRiCANEfTROPICAL STORMS, Hurricane] Tropical Response should be priced. as extra work. If the City designates its own debris site, contractor shall be allowed to dump at this site and deemed an approved contractor with the City of Delray' Beach. Contractor should contact Tim Simmons, Parks Maintenance Superintendent (561) 243 -7260, seventy two (72) hours after Hurricane f Tropical storm has passed for certifications of Trucks. Contractor trucks must be certified by City staff and a site monitor will be assigned to contractor to ensure work Is performed properly, Bid No. 2012-33 Landscape Maintenance Linton &: Homewood wrfhree Medians 23 �25., WORK PERFORMED: Ail work performed' shall be d0ing t4e hquTt'df 8;DQ A,mL. to;6m P*.t. m thru.Fdday- M IN19PECTION OF WORK AREAS: 10i0he Ndd.srs msOmblity-to beorpq Nil informed as to the natore and eXter;tI..of Elie -wo.rk required amd it's relabon y other work.in!fhp- ard including po-vtIble. ihtorfe�6nc to Pr e #p�- dtl�prsftd adfi 8 I�iddws are e, IeqL.jI.ripd Inspect areas s op, t(gr oV,6. QUestlahs mqardlrtg the, pefltnpters Of Piese MWOMMOn5i P l0C06.ns:-m0y'be 6 Win' fro.M; ri OF4 SOPedUtellft.jt: (6�1) Z4 .3. Bid No. 2012-33 Landscape Maintenance— Linton & Tiomewood w/Three Medians 24 SPECIAL COMPITIONS LAl1DO;CAPE >MAINVEMANCE FpMCTIOPS AND TASKS 1,G TURV CLARE. y Y P rming ttro fbiloWing .operations: IUlairtr�irt'turtareas ire a:he;3lkh ; rowan ,;green; tnirrl epnd�tian.b erfo, IJ MOWING GENERAL: a, Mewing . shall be performed ire a workman like manner that ihsures s,Moath surer appearance . without scalping or leaving any' "missed" uncut grass:. b; Reel Mowers With rollers or rotary mowers vvill be used. on St.. Augustine grass, reel mowers with rollers, rotary mowers, or flail .mowers will lie used on Bahia grass. All mowers must be adjustable and adjusted to the proper cutting height and level for the kind of grass and current condition of the turf. Mower blade height adjustment is to be measured from a. level floor surface to, the parallel and. level plane of the mower blades. d. All mower blades are to be sharp enough to cut rather than to tear grass blades. e. All litter and debris is to be removed from turf before mowing to avoid shredding that will damage turf appearance; or items that may be propelled by mower blades. Mowing will be done carefully so as not. to "bark" trees or shrubs, intrude into ground cover beds, damage. sodded berms, damage to sprinkler heads, valves, manifolds, itme clocks; curbs, or other facilities_ Grass clippings or debris caused by mowing or trimming will be removed from adjacent walks, drives, gutters, and curbs or surface. s on the same day as moored or trimmed_ h. Mowing will not be done when weather or conditions will result in damaged turf. .Berms must be mowed with small trim mowers. Riding mowers or weed eaters will not be permitted on berms. 1.2 MOVONG SPECIFICS (ST AUGUSTINE GLASS): a. Grass is never to be mowed lower than three (3) inches, b. Grass shall be n-owed weekly, four (4) times, a month; April through November, and three (3) times a month from December through March. ftegial _Note: Mowing frequencies can.be deleted or Increased due to climate factors by City's designee. 1.3 MOWING SPECIFICS fBAHIA GRASS): a. Grass is never to exceed eight (8) inches in height. Never rnow lower than four (4) inches. 2.0 EDGING:. a. Line Trimming. Grass shall be line trimmed during, or as an immediate operation following mowing. Trimming may lie accomplished by hand, hand power shears or rotary nylon "fish line" cutting machines. Grass will be trimmed at the same helght as adjacent turf is mowed, and to remove all grass leaves from around all obstacles and vertical surfaces in the turf such as posts, trees, walls, and cement medians_ Particular attention will be given to trimming around sprinkler heads and other irrigation systems fixtures to assure their proper water delivery function, Special dote: Berms shall not be trimmed with weed eater. A small trim mower shall be used. Bid No, 2012 -33 L andscap.e Maintenance- Linton & Homewood wrrh= Medians b. Ed in Mechanical edging (vertical trimming) of all turf edges and ground covers abutting sidewalks; flush paved surfaces including all road curbs, drives, etc., will be done during or as an immediate operation following the mowing every other mowing cycle. Turf edging at shrub beds, flower beds, ground cover beds, hedges, or around trees (where "edging" rather than "trimming ") is directed shall be edged with a manual or mechanical edger to a neat vertical uniform line, every other mowing cycle_ Dirt and debris produced by edging or trimming will be rerhoved and swept from adjacent.hard surfaces, Turf will be edged 'approximately eighteen (18) inches around all trees that are in lawn areas. Turf will be, edged approximately ten (10) inches out from the drop line of shrubs and hedges. C Chemical Edging: Chemical application may be used to kill weeds in and around areas such as, areas adjacent to buildings, fence lines, trees, sprinkler heads, and cement medians (concrete divider isles). Prior to application of chemicals, for this purpose, all areas shall be trimmed to proper mowing height, Chemicals shall be applied in a manner to limit drift. Contractor is responsible for replacement of all damaged sad at his cost. If not complete within one week of notification, City may replace and deduct cost from month payment application. 3,c WEED CONTROL., "Landscape Maintenance Weed Control" a, Weeds are to be mowed, trimmed or edged from turf areas as part of turf care operations. Weeds are to be manually or mechanically removed from shrub, hedge, ground cover or flowerbeds each cycle, Chemical control is not acceptable in bedding area or hedge lines. Weeds control will be done twice a month. All weeds are to be completely removed from all planted areas and concrete medians_ b. Weeds are to be removed every mowing from walkways, walkway and curb gutter expansion joints and along fence fines and cement noses of concrete medians. C. Contractor may use contact herbicides for spot killing of weeds in St. Augustine grasses, with permission. 4;0 PRUNING: a. Shrub and Hedge Care: Maintain shrubs in a healthy, growing correct -color condition and in the shape and area specified, or as specifically directed by City designee, "Maintenance pruning" shall consist of the removal of dead and/or broken branches, suckers or sprouts, branches that may hang over walkways, grow through fences, obscure roadway vision, etc_ Pruning is performed to have shrubs appear orderly and neat at all times. All pruning will be accomplished in accordance with standard practices Including: (1) Use sharp cutters (2) Do not use hedge shears for pruning (3) Machetes will not be permitted for pny operation. b. Hedge Trimming: Hedges or topiary that is to be maintained in a geometric form may be sheared by manual or mechanical hedge shearers to shape and size specified in landscape Plans or at direction of City designee_ Hedge trimming will be done once a month, (this includes ground cover). Rernove all cuttings and clippings from pruning and trimming operations on the same day as operation occurs, C. Palm Trees shall have dead fronds removed as they occur. d. Shade Trees shall be pruned to remove sucker growth and to maintain clear visibility between grade and a height of eight feet. All damaged, dead or diseased limbs resulting from weather or pests shall be removed immediately_ Bid No, 2012 -33 Landscape Maintenance - Linton & Homewood w/Three Medians _ �_�� 76 _ e. Accent Trees such as Cattley Guava, Ligustrum and Oleander Standards shall be pruned by thinning to maintain shape of tree every other month. "* SPECIAL NOTE, Ail debris, limbs and fronds will be picked up the same day of pruning_ Failure to pick up debris will result in a $50.00 per day fault fee, as long as debris remains. 5.0 LITTER AND DEBRIS CONTROL: a. titter removal from turf areas and plant beds and designated R.O.W, areas shall be complete prior to each mowing operation in the same ,day, and .litter removal shall be done five .(5), days a week, Monday through Friday 8 :00 A.M. to 11:00 A.M. b: Litter to be removed includes paper; glass, trash, undesirable materials or debris. (unauthorized paper signs), deposited or blown onto the sites. Palm fronds and tree limbs will also be removed. c. Litter is to be removed entirely from the sites and disposed of in accordance with City. Ordinances. 6.0 IRRIGATION, Irrigation. systems will be checked upon each mowing operation to ensure no damage to heads or valves. Any leads or valves damaged by Contractor In the act of mowing will be replaced by Contractor at his cost. All systems shall be inspected weekly by City personnel. Cost of replacement will be charged to maintenance contractor and performed by the City irrigation maintenance crews. 7.0 CHEMiCAL PEST CONTROL„ a. Turf Insecticide Program on St. Augustine and Bahia Turf will receive preventative applications of insecticide as outlined in schedule #1!1 and #2 attached herein. After initial applications, insect control will be by identification of target insect and treated on an as needed basis upon City authorization. b. Shrub. Tree, Groundcover Insect Control shall be for specific insaots identified as problematic and treated as needed upon City authorization. Some specific insects to be controlled are aphids, scale and grasshoppers. c. Fire Ant Control will be done on an as needed basis with the use of Amdro or other insecticide labeled for fire ant controh d. Disease Control in turf and shrub areas will be by Identification and diagnosis. and. application of appropriate fungicide or bactericide as needed upon authorization of the City, e. Bahia Turf Fertilization shall follow the schedule contained herein for the fertilization of St. Augustine Lawn areas. St: Augustine Turf Fertilization shall follow the schedule contained herein for the fertilization of St Augustine Lawn areas, g, St. Augustine Weed & Feed Application shall follow the schedule contained herein. h. St Augustine Insecticide & Fertilizer Combination shall follow the schedule Contained herein, Shade Tree Fertilization fertilizer shall be applied in March and September with an 8 -10-10 or 10 -10 -10 complete fertilizer with microelernents. Palm Tree Fertilization Palms shall be fertilized in March with 13 -3 -13 and in June and October with a complete 12 -2 714 palm fertilizer containing microelements at a rate of one (1) pound of fertilizer per inch of trunk diameter. An application in August at the rate of 1 -5 pounds per palm, dependent on the truck diameter, generally ! pounds per inch of trunk diameter. Bid No. 2D12 -33 Landscape Maintenance Linton &. Homewood wfftee Medians k. Shrub- and. Groundeover Fertilization shall be fertilized in March, June and October with a 12-6- 8 With mlcroelements at the rate of pound of fertilizer per 100 sq_ ft. of shrub area. *'SPECIAL NOTE - General Use of Chemicals. 1. All work involving the use of chemicals shall be in compliance with all Federal, State and local laws and will be accomplished by or under the direction of a Florida Certified Pesticide Applicators' license, Application shall be in strict accordance with all governing regulations. 2. A listing of proposed chemicals to include commercial name, application t`ates and type of usage shall be submitted to the Project Manager for approval at the beginning of the Contract. All proposed chemicals shall be approved by Florida. Department of Agriculture,. No work shall begin until itirltt. approval of use is obtained from the Parks Maintenance Superintendent 3, Chemicals. shall only be. applied by. or Under the supervision of those persons possessing a valid Florida Ce. reified Pesticide Applicators` license. Applications st all be in strict accordance with: all governing regulations. 4. Records must . be kept and retained as prescribed by lava for the use of pesticides of all operations: stating dates,. tames., methods of applications, chemical formulations, applicators names and weather conditions; 5.. Chemicals shall be applied when air currents are still and using methods preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in or near the project. C. Any soil, sod or plants. contaminated by misuse of chemicals an the sites will be removed and replaced at cost to the responsible contractor. 8.0 MULCH Shredded mulch shall be added to planting beds three (3) times a year in April, August, and December. Mulch shall be applied to provide an effective mulch area, three (3) inches deep. Beds will be clean of weeds when new mulch is applied. "No cypress mulch to be used ". 9.0 REPLACEMENTS City shall replace any landscape, irrigation, or structures damaged by maintenance operations or due to neglect to perform these specifications and charge cost to maintenance contractor. (Contractor will be notified prior to replacement of repatr by City designee_) 10.0 DAMAGES Damage to landscape material due to any cause shall be immediately corrected by Contractor. This includes up- righting. and staking any fallen or leaning trees and palms; removal. of dead or damaged material; and minor grading and replacement of sod displaced by vehicles. Any pits left from three removal shall be filled with good soil and sod layed to match existing grade. (Contractor must contact City designee within 24 hours of such repairs). 11.0 REPORTS The Contractor shall provide a checklist filled out and returned to the Parks Maintenance Department after each maintenance operation. All maintenance operatlons and the date they were performed shall be noted, and any reports of damages shall be described. No payments will be made unless all reports are provided. A monthly work, schedule shall be provided for each month of service prior to each month. Sid No. 2012 -33 Landscape Maintenance-Linton & Homewood wfIhree Medians 2g 110 GENERAL; a rriarriteriancestaall tie performed on vreekends or during, holidays unless requested .in writing.rtaf: approved by the Parks Maintenance Depadment. Fallure to respond io requests. by City rit+ 0h 24 hours .due td inadegdate malntenance procedures; litters limbs and other d'ebds iocit re oved will' result in $50.00 a: day deduoon from the following . pay�ent apRhr�tivfi. Speplal attention will be given to speoif ed areas prior to national holidays to: ensure1hat the city ts::at its best duttrtg hie5e times.. Contractor will check' area two days print #ri' hol'iday and Verify that maintenance has'b en properly `performe0 13.0 ADDmONAL WORK a. Sod Replacement: Contractor will supply sod replacement to the City on as"as needed" basis: Sod will be priced per sq, ft. of removal, grade and install. b. Plant and Tree Installation. Contractor will supply, labor far installation of shrubs..and. trees as needed_ Labor will be. priced at an hourly rate per man. C. I=erdlizingt Contractor Will supply labor for additional fertilizing. if needed. Labor will be priced on an hourly basis per man required. d, Additional Pest Control: Price per 50 gallon of insecticide or 50 pounds of granular insecticide . per as needed application. e. Fire Ant Control; 111111 he done on an as needed basis with the use of Amdro or other insecticide labeled for fire, and control. SPECIAL NOTE: These prices will not be added in the Contract bid but used on an "as needed" basis. City designee references the City Horticulturist or the Parks and Recreation Director. The Horticulturist is referenced in above text for all maintenance requirements or establishment of standards. 14.0 FERTILIZER AND INSECTICIDE SCHEDULE a. Bahia Sod - Fertilize twice a year, in March and October with one (1) pound of actual nitrogen per 1000 sq. ft. of lawn area, using a complete 15-4 -8 fertilizer with micronutrients. b. Apply Talstar Insecticide twice a year for the treatment of mole crickets and Army Worms, C. Shade/Accent Trees - Fertilize twice a year with LESCO 14 -14 -14 with micronutrients, or approved equal. d, Baugainvillea/Shrubs - Fertilize three times a year, in March. July, and October with LESCO 10 -10 -10 with mieronutrients, or approved equal, 15.0 DESCRIPTION OF AREAS TO BE MAINTAINED: a. Homewood Boulevard — (Between Linton Boulevard and Lowson Boulevard) Maintenance of medians only. b. )/Vest Linton Boulevard — (Between Military Trail and the CSC Railroad) includes all medians; north shoulder between the edge of pavement and sidewalks as well as maintenance of the plant materials within the cutouts In the sidewalks', the south shoulder between the edge of pavement and the canal embankment, c. Three (3) Medians. on Military Trail — in front of Delair Country Club, Sid No: 20.12.33 Landscape Maintenance— Linton & Homewood w /Three Medians 29 OVILE OV PRE BOB FOKIII 810 1.40a:2012-33 Area Ka) Homewood Blvd. (Between Liaton Ulvd. and Lawson Blvd. UNIT TOTAL ITEM DESMPTIONi QUANTITY Mca mct I MoWingi UrveTdmfflog 44 1 80.00 31620,0G F:: Weed Control 24 foo.00 $ ! 1,440.00 3. Edging 22 40.00 880.00 4 Pruning 1. Shrubs $ 150.00 $ 1,800.00 b. Trees & Palms --12 12 $ 75.00 $ 900.00 5 Litter Control 260 $ 6-.00 $ 1,560.00 .6 Chemical Applications a.. Turf Insectcide Program 2. 1 106 00 $ 200-00 'As nqede.d, see rates for additional. work.... b. Sfir0 insecticide Program* as needed c- l=ire Aqt Control* A$ needed d: Disease Control* as needed e, Tur f Fertilization -St. ftation-St Augndre I $ .50.00.. 50-00 f St Augustine Weed & Feed 2 $ 50.00 $ 1,00.00 g. St Augustine Ingoct Fert. Co(nb. 2 $ 50,00 160.00 h, Shade Tree Ferblization 3 $ 60.00 $ 150..00: g. Shrub Fertilization 3, 50.00 $, 150.00 7 Mulch! $ 325-00 $ 975.00 TOTAL BID PRICE FOR AREA. (a).. �11,82&00 (ftewslt7) Bid 1 o. 2912-33 Landsmpe & Homewood wtMee.Mediam -3f) Schedule of.PrieIng Continued Area Linton: My& eti eeri 1'1'Iilit T>tail and 5x M w r0ad'. UNIT TOTAL ITEM DESCR Q�1 �UA�iT1T� �1�IGE: I I Mq ing; UneTdrnming 5.00 20.06 Mod Contml xz $ 250,00: � 5,500,0o Edging 22 5.00 $ 110.00. 4 Pruning a. Shrubs 12 $ 475.06 $ 5,700.00 b, Trees &> Palms 12 $ 175.04 $ 2,100..00 c, Accent Trees 12 3 150,00, $ 1,800.00 s Utter "Control 280. $ 0.00 $ 1,560.00 f, Chemical Applications a. Turf Insecticide Pragratri 2 $ 10.00 $ 20.00 -as needed see rates for additional work b. Wub Insecticide Program* as needed c. Fire Ant Control* as needed d, Disease Control* as needed e. Turf Fertilization- Bahia 2 $ 10.00 $ 20.00 t. Turf Fertiltzation- St. Augustine 1 $ 1.0.00 $ 10.00 g;. St: Augustine Weed & Feed 2 10.00 20.00 h; St. Augustine Insect Fert Gomb. 1 $ 10.00 $ 10.00 i, :Shade Tree Fertilizaiioh 2 $ 70:00 140,00 j. P61m-tree Ferhilzation 4 70.00 280,00 Ii ic: Shrub 1= ertilizatian $ 16;•00 495,00 T Mulch $ 525.00 s 1,575.00 'TOTAL BID PRJCF FOR AREA (6) 19,550,00 (items, 1- 7Y Bid W.1011-33 Landsc4pd Mairitenanrr, - Linton,& Homewood wMiree Medios Schedule of Pricing Continued Area #(b) Linton Blvd. ($etween Military Trail and CSX Railroad UNIT TOTAL ITEM DESCRIPTION QUANTITY PRICE PRICE 1 Mowing, Line Trimming 44 $ 2 Weed Control .22 $ $ 3 1 Edging 22. $ $ 4 Pruning a. Shrubs 12 $ $ b. Trees & palms 12 $ $ c. Accent Trees 12 $ $ 5 Litter Control 260 $ $ 6 Chemical Applications a. Turf Insecticide Program 2 $ $ "as needed see rates for additional work b. Shrub Insecticide Program* as needed c. Fire Ant Control* as needed d. Disease Control* as needed e. Turf Fertifation -Bahia 2 $ $ f. Turf Fertilization- 5t. Augustine 1 $ $ g. St. Augustine Weed & Feed 2 h. St. Augustine Insect Fert. Comb_ 1 $ $ [.Shade Tfoe Fertilization 2 $ $. j'< Palm Treeerii]ization 4, kc- Shrub ParUlization 3 $ $ T' : Mulch 3. $ $. TOTAL BID PRIG FOR AREA,, (b) S (Items I - 7) 'Bid No. 2012 -33 Lan dKape Mauiterance= Lintox) & Homewood WMme Medians 32 Schedule ofFriciug Continued Area WO Taree Mediam onMilitaty ffrorrt.otbelaire Country Gab) R E DESGIilP7I(]N UNIT TOTAL QULA T'TITY` PRICE 1Ii� E 1 MoMng, Line Trimming;. 44:' 6CM Od: $ 2,640.00 2 ...Wtod Control .....:.... 22. 30.D0 $ 6§6x0 3 Edging 22 $ 30.00 $ 660.00 4 Pruning. a. Shrubs 12. $ 90.00 $ 1,080,00 b, Trees & palms 12 $ 7S.00 900.00 o. ,Accent Trees 12 $ 5.00 $ 60.00 5 Litter Control 280 $. 4.00 $ `1,040..00 6 Chemical lA pili cations a. Turf lnsw6cide Program 2 $ 100.00 $ 200.00 *as needed, see Was for addiiianal worn€ b. Shrub Insecticide Program* as needed o. Fire Ant Control* as needed d, Disease Control* as needed. e: Turn Fer%lizatian -gahia 2. $, 10.00 $ 20.00 f, Turf Fertilization - St Augustine. 1 $ 50.00 $ 50.00 g. St. ,Augustine Weed & Feed 2 50.00 100.00 n. St Augustine Insect Ferk, Comb. 1 $ 50.00 $ 50.00 i. Shade Tree Ferliiization 2 $ 50.00 $ 100.00 j. Palm Tree Fertilization 4 50.00 200.00 It, Shrub Fertilization 3 $ 50.00 $ 150.00 7 Mulch 3 $ 225.00 $ 675`.00 TOTAL RID PRICE FOR AREA (Ib) 8,5$5.00 - (Items 1- 7) Bid No. 2012 -33 Landscape Maintenance Tinton &, Homewood wn1 ee Medians Total Page. Schedule o € Pricing Continued AREA A p :: $ 11;825.,00 per sq. fL $: AREA $ 19,560:00 per hr. f per man $ 32.00 GRAND TOTAL BID PRICE 39;970.00 PRICING FOR ADDITIONAL WORK (IF NEEDED) ITEM 13ESCRTPTIQN PRICE 1. Sod Replacement per sq. fL 1 0.70 2 Plant & Tree installation per hr. f per man $ 32.00 3 Fertilizing per hr, f per man $ 28.00 4 Additional Pest Control (price per 50 gallon application of insecticide) per gallon $ 120.00 5 Additional Past Control (price per 50 pound application of insecticide) per pound $ 95.00 G Fire Ant Control per hr, f per man $ 28.00 Federal I.D. # 35 - 2210720 Bid No_ 2012-33. Landscape Maintenance — Linton & Homewood VlVee Medians ]DR94 FREE wowKputeE aEerrFIcwTIow Did 201 2-33 Landscape Maintenance # Mmwewbod & Llnftn Awlevarid' Three Afedldne on Aftfffmy Treil 0.4 n"al'contract If identical tie bids e(st; preference Will be given to the 'vendors who'subinit 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 -fret 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 publishe4 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 %611 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 farm 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, satisNctory participation In a drug abuse assistance or rehabilitation program if such is available in the employee's eornrnu ity, by any employee who is so convicted. 6) This firm will continue to make a good with effort to maintain .a dr . ug-firft workplace through implementation of this section. 00ntractor's Bid Xo 2042 -Z' Landscape Maia# - Linton. & 14omewood wMirce Me&a 3s WORK REFERENCES Bid goo 209 1 -3 3 LAndsca P a Main enance 0 fior awmad &. Lieta►t Obulever9d , *Please pomplete this page or attach. y ut reference page to fhis sheet. A sn ' x6 aN , . of Boca baton Addri�ts.. 26.00. NW 15t Ave, ci .:ate. Baca Raton,TL 33431 Ceintaet Berson.. Cihrls Bedner TWephone (561) 416 -3428 Uat s of Sarvim 1989 - Current r. .of8elvice Landscape Maintenance for road wavy medians and right of -ways. camrnentsi A ICo an pity, of punri$e Mdress 14150 NW 8th Street CV, St*..Zp I Sunrise, FL $3325 contact Nrson Gary Smith Tefe . one: (964) 888 -6075 oath of tmmie' 1996 - Currant Typp of Service Landscape Maintenance for road way medians and ri ht, -of -w1 .s, Gomrnerit9: Agancy&ompm. 15dgewater Pointe Nortti Address 23315 Blue Water'Gircle C6 „ State, zip Baca. Raton,: FL 3$483 Conta,tP,,,n Kan: Karmaris Te3i one (561) 391 -6305 bat s of service 2006..-.Current TyOe ofs¢vIce Full service Landscape Maintenance, including irrigation and tree ser. Gomrnerit9: Contractors: Name: Somplate Pro:pe! lj Services of South Florida, Inc. Bid No. 2012-33 Landscago Maintenarice;- Linton & Homewood: W/Three Medians. - - CITY OF DE LRAY - BID, SIBMA` URIE FORK Bird Nos 201:2-3.3 4andsca pe IY�ajamrrancie # ff"MW00d & Unton Houle r0 rhino 1Nodlans an Ali #tarry 71rall' Annual 'Con# agt `Mc =krsiVwdbWdu certWm that psis bid pa&0p is:submiifed. iaaecar Ct �h die spWoc4on in its .mf rq y and with !_ - lhb bid. fail �indetstandin bftho Condttionsgavernmg Complete Property Services of South Florida, Inc. `Name of Bidder (Firrn Name as Registered with their State o Business Address: 5455 N.W. 24 Street Street Address (P.O. . Box Address is not permitted) Margate, FL 33063 City, ,Mate, Zip Mailing Address: [R Check if Same as Business Address above Street Address City; -$fate, Zip Authorized Signature (Written) Pat Yong =' krint Marne and of Person Signing this Form (954):'074 -51 5l Telephone- I F lrmail Address of Authorized.SignRe' __-cps @completepro. pertygraup'.cotn VENDOR. SERVICE REPRESEMTATIVE FOR API- ACEMEIT OF oRarER CONTACT NAME" Pat Yping TELEPHONE: (_954 974- 5151.5 EMAIL ADDRESS cps scam lete ro ert rou ..com Bid l+io. 20t2 -i3 Lan&c 0c Mi inten"ce —L ntan & Homewood wrrNme. Medians CITY' Of DELRAY CHE9K LIST Old Was 2012-33 Landscape Ma ntenarrcm 0' momorwood & L ntm 80vievard 7?krwo ~Ions on. Afil fart' Trail 0 AnnsMI Confraat Vendor Names. Complete Property Services of South Florida, Inc W DIES, YES I YES 'El YES 09 YES .19 YES l' YES 00. YES 1g YiS 19 YES 9' ICES YES YES U YES: A YES 0 YES' a :N O check, l lsi< F6im -O.No 13id`#0n.m.t4rwForm O NQ $cltedole of prlci" (chech f or amw) K NO Add e"da Ac'l nowledgentent('O any) 0; NO indemnify /Bold Harmless Aw"mant o: NO Cone 0" $ileme Cl- No Pmof.ofinswr ic* (If1duclirg Worhet s Cbmp $E A06) O No fist 0f aquipxment: (see attached) Q NO drug, ". . workplace .ce fimtian Elm; R,10,110trcel . O, NO City of Gelmy Radne t Tax 1.1cen d Nutly� Per(rma�hce:Barid 11 NO Pe%*ltl APPjFc0ur# L1CMse -No S.u' dor Infontnation (if amt') O NO V t of fE 994mot X NO jtq"m* $f.Ne old (if Ima respooding to this request Thank you for your intemsf in the City of Delray Beach Bid No. 2012 -33 Landscape Maintenance -Linton & Homewood: w[Mee MediaDs 38 CITY OF DELRAY BID SIGNA URIr FORK Landscape maintenance. # Rgmewaod & Linton Boulevard !Three' N&dMns ad Military 'rmil 0, Anpoaf CContract If.you are not b0 ding on this sere. WooMrnooity, please complete a9d return this form to_ 1y of Delmy Hoeab Purc.basling Dep;�rtrn ilt,. 00 N1V St Avenue, Delray 0each, Fibrida 33444.- Failure-to respoi[tei n?ly result in deletion!of vend'or's narne.frwm tries qualifi bidders list for the City of Clelray Beach. VENDOR NANE: ADDRESS: TELEPHONE: SIGNATURE: DATE: Minority Owned Business.( ) Black ( )Hispanic .( ) Woman. ( ) Other We; the undersigned have declined'to bid on Bid No. 2012-33.due to the following reason(s): _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 Linable to meet. specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) RemarWOther: SIGNATURE: DATE: Hid No. 2012 -33 .Landscape KdAtenaace- Liman & Homewood vvTrhree. Medians CITY OF DELRAY ATTACHMENT A'6s, St.d .201 T -3 3 Attachment 1 A 1 - Previous Bits labulntion for Bid x#2010 -12 Bits No_ 2012 -33 Landscape Maintenance —Linton & Homewood wfMree Medians 4i � Q !� N Gzi p� 4 p U x Ui ►5 12 0 °N OQ H a z. U1. U3 noQQOo c o a . o o �o a, o��',Pa or p c o a o 0o r oa °o 0 o3 t"'R ll h �.4 �. - [a 16 .e m cj G'f O '49 iA C N in 4y f9 N i.Y [�! S9 '-! 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ID h y �. n To S -3 ri '. ti o'1 '46 !cl Go �s 0 n c9 iA. rs.4+1 R d � n w c,��6.Q'o45o:w^ 9 — ra n s z a V V i P4 r C2, C2 H. �4 >4 0 r:-! ti 7 I Pk, STATE OF FL(iltli?A . $I a turd of OffftCtum at ;b gum" 6tr6ing MOO of ONtOMOLOGY & Per CONTItor: bAxo PRO N6. p� �a�'i,byti �aEyz�, Septerni�e�,30,z0�1 CA RD NdY.AIEP NAKED BELOW HAS MISTERED TIM FttoVE$IONS OF OMA ', 46 FQR TH» FFIi]Dl7 EXP o septembet 3 %2612' : AT COMPLETE Pj bPERTY SAMCP OF SOUTH MIARGATi FL 35003 ERIC RISS WIM14 CMbfi`ed Opgator COMPLETE ( P.ERTY,SRVICESOFSbUT,i :. Po'B'ox 00076 COWNUT.CRE EL 3102" �� Ei- PLP,�7+1A1v�, CbAdlwtl�lOt+fER. i IR ►T v ] roMb .o r,ac. P � CONTROL L 1�0Ngr' EX 11!Yarcb x], 2012 J91619n;O �ke��r3AR,20ii2 Mm. .CARt1:HCfLDER MANE B,'EL� HAS' RECiSTWED .uNbtR Mm, ftGV]sIoNS,,0F.CHAF- ER 482 FOR G= Segte�nber3Q:�111� AT COMPL:LM?F,0FMI ,,SEKVICFS01,S#]ii'fi]. MARrIATE „FL .3 PAT YONG $egnlst COMPLETE' PgoPgRTY .SERVlCtS OF SQUM PO PP 07076 CCCo MJ i' ME K FL X3097, IGNER A`1'E ,UP PLO A �[RLTFTIL II� �L1i�tRCR� �IQi1�iAlilfx'' �1R1°$4i[�3 BUWAVOY F.NTOMoLQGY & PEST CO[►]'I'ROL Rata Ftlel�.?. ExiiYs Marti 2i, 2011 J l�?7'$9 Septennt er 3U; 2912 THE ID CARD 'TIOLUEItI*TOMD IMOW! REMSTEREO UNDER '' Vi5ION5 0O %i3;AFTER 49i FOR THE P�",EXPHUNG: SePt�aber 3, ZUl2 AT Ok"LM RR0P9M SEitVICES OF SU0TR 41A8GATE,FL .33063 COMPL,ETE PROPERTY SERVICES ?fSoulu PGAOX 970076 COOONiJ'E' CREEK. FL, 33097 AiIAhA�U�SIdhlfilt BU99AU or000MOLaGYX PEST CbNiTP.0L Pair F1ile Ne i Ypiies 1149Ue� 21, Z1i1Z dE19z9�U 3iepFeh�b�1�30a 2I#12, THE j c;M, HOLDE --NAM O BEL(YW lTAS MISTP, ED TJND�R TKE PROVISION qV 4k PoR mElmU6I? M T UNG,' SpteMlter 3;;61"' AT 0Qlu LErTEPROPOLTYs iRYT1C S'QpsouTH MAROATP. F1, 3360 RICHARDi VALENTM W; COMPLEM PROPFATY SMICES`0P S4'[3'LH' to;ox 970076 COCONM CREF.iG, FL .33697 ApA H;PIitNA ,.W M4sSIOMXk STAU OF FiiURMA a€ �xi�tt[tt and ��ns��r erbare�:. B ►U OF ENTOMQtA)G'Y & PgST CO ""TiiaT,. Dot; M9reu zI,1�1'a; r�t9x�or �,�r�nb�c 30, ray TM ID CA" H()L b)KX NA D BEIPW HASAE(GSTERM i NbER THE PROVISIONS CiF",QiAit�gaR 1'HE:�QD EXPIRING:: �epfen�ber;�R,'�91a. AT CaM�'�:� PR4PEItr7r ^lraC aP SOUS{ MARGATE, PL 3SW ?N14EL C 4LAV"JUX Rsg�llar �M E gP.0PF TY S.EkVjCES (oi�rm Pa 8074 91111 COMW T CRS, p1. 33097 A.QAM K PUTNALL Cv SWONFA Department" of w U%TI'VLR$�T�l of EnAironmenta1 Protection, FLOR A. 2w0, mr Stone. Road M.$. 3570 WAS ExiEston `Callahassee, Flod a 32390 2440' Conott"t orlt on uccmfuily comb '' FIod4% Gr =n iAd ustt e� Best 11" ageMedt �' aG ces'T" ain� P u ra ; We gteady, apprertste q,out gartitipation in mid su.cccssfal ro. rapletitOn of s cau se. We hopr that it leas WpeA you to hettet rgdetstM4 Florid s natapoint,.source pcsllu;tion pt6bj.c is and. tht 4n ce off rp er design,, constXrucuon" ti o fetdNY.tbn� pesti eaaaa1 and Mai:gwn woe of la ms and hwdscapts, in ' det to assae -: � � mWn-k4 aciverse en*opmeaW effects wh9q. i&L -viN customer a tat ons. AfbW icd you will fih&ybur nuj ,tiered cett ficair and wdkt.catd If there are any erznts in the tertificalir~, of t�td; 0 f w e cats be of frxrthex assis=ce; g7ease ,ept�t ct the, G 8A+Ip' �C?fFice of the Ploxi& Friendly T,andscapi*w Ptograni at a p0t yon's Completo Ftdperty Soros of SouthFlolidalne P() Boil 970076 . i rthug Cm FL 3109 tatr # G�112145 ! eeIb . has sued ffie Via. Certificate of 'Train n Best 1\4ai It it Donala D. Ra� M12112010 Istuei: bM&Urr.sr. T)* 0 (lass Not DUP. FLOR A. tbro-Ligh ed by to :xs q bf (BOMPLETE [PROPERTY @ERVIICES OF SOUTH H FLORIDA,:INC. . - UNDSCAPING:- LAWN MNNTtNAKCE• TREE SERVIC.0- IMGAT11j0P U001 WO • VISURIEDi BONDED C.P,S. - I . NVENTORY LIST (LAWN DWISIOWONLY) AS OF 03-01-2012 EQUIPMENT DESCRIPTI UANTITY ONI BRAND/ MODEL. DATE 1 0 VEHICLEE VEHICLE VLH'J6—LE'- VEHICLE VEHICLE - VEHICLE VEHICLE — I .. . ..... .. ....... VEHICLE VEHICLE VEHICLE - VEHICLE_ VEHICLE CHEVY DUMP TRUCK (CR: CB W4SO42) 2609g FORD DUMP TRUCK (F550 XCAB) 2008 j.— FORD FLAT BED TRUCK (F700} 2009 FORD BUCKET TRUCK (F700) .20.04, FORD DUMP TRUCK ,(STEEL BED) � 2006 V6'R' D" F 3' 5' 0, {FLAT FEED} 200.& FORD PICKUP (F1.50) 0,091 FORD PICKUP (F250) 20101 IS,UZU NPR/NF400 DIESEL ..2008 ISUZU NPPJNF400 DIESEL 2006 MITSUBISHI DUMP TRUCK _(STEEL BED) MITSUBISHI DUMP TRUCK (ALUMINUM. B; 2006 24' TRAILER (HOMEMADE) 20" TRAILER (BLACK) _........ -- 18' T RAI L Ek'&AN'bEM) 22' TRAILER (BLACK) 17' ENCLOSED- TRAILER IT ENCLOSED .-QK .-O:K 2 .. ........ 2. 2010 2 2007 .� EXMARK 6W 4 2008 1. 201,6�- .... .. .. ..... 3 16'TRAILER (UTILITY) .2007 ENCLOSED TRAILER (CONSOLIDATE[ 2006 18' TRAILER (PLACK) ANDERSON 2006. Page I of 3 2011- 2012 OfficeMarehouse: 5455 N.1N.24 Street, Margate, FL 33063 Mailing Address: RO. Box 970076, Coconut Creek, FL 33097 Office. (954) 974-5151 Fax: (954) 974-5153 www.completepropertygroup.com Email: cps@completepropertygroup.com 2 2 M MOWER-RIDER EXMARK 6W MOWER RIDER .... . ... ...... ... . EXMARK 6011 Page I of 3 2011- 2012 OfficeMarehouse: 5455 N.1N.24 Street, Margate, FL 33063 Mailing Address: RO. Box 970076, Coconut Creek, FL 33097 Office. (954) 974-5151 Fax: (954) 974-5153 www.completepropertygroup.com Email: cps@completepropertygroup.com 2 2 M OMPLETE. PROPERTY @ERVICESOF SOUTH FLORIDA, INC. UNDWAPING* LAWN 1WNTMANCEsTREESE 9WCE +1RRIGATIOWLJCFNSEa *H# URIED•BONDED: C.P.$ INVENTORY LIST (LAIR ONLY) A EQUIPMENT . S: ESCRIRTION ! BRAND l MODEL MOWER - RIDER HUSTLER 60' MOWER -RIDER HUSTLER 60" MOWER -RIDER HUSTLER 72 MOWER -RIDER . STEINER 601! MOWER -RIDER DIXIE CHOPPER (X W1f4000) 72" DIXIE CHOPPER (X111.12200. -69) 60" MOWER -RIDER D 4 _� _� _ .._ ... . MOWER -WALKS TORO} 52" -- -- -. -- MOWER- WALKE(. LE,SC0 3B" MOANER -WALKS . SCAG 48" IV OWER-- WALKEI YAZOO 4" (M51124B) -. - -- . - MOWER- 1NALKER MURRAY 21" r 8LC BLOWER BLOWER BLOWER BLOWER BLOWER BLOWER Y� BLOWER EDGER' taGER_' 2 TE QQUANT.ITY 101 7 _ ECHO (PB603 � ECHO 2009 2009 2008 .2009 4 4 1 2 2 ... _�.1;�_ 20 10 2011' ._ _ ...... e 0 1 10 _. __ _ RED MAX (EB431) _ 2008 20.10. 2009 1 201.2_ 2008 4 2008 ", 3 2008 � .,......._._.....�_. -. 2 LITTLE WONDER (98101) 10) - T__- 20 _m ... 1 tJ 2009,E - 3 WONDER ONDER (9810HO) 200 _ ECHO (PB603 � ECHO 20 "_I2 ;:. ... _.- ... . .�... -...� E PB603) (_. -..._ ... _�.1;�_ 20 10 2011' ._ _ ...... e 0 1 10 _. __ _ RED MAX (EB431) RED MAX. (EB431) 20.10. 8 RED MAX (EB431)�� - 201.2_ 7 LITTLE WONDER (98101) 10) - T__- 20 _m ... 1 tJ - ..._ - 2 WONDER ONDER (9810HO) 200 , ....... 2 STIHL (BR400) 2009.._..... 2 ECHO (PE2601) ECHO (PE2601) MARAYAMA (ED26'1) MARAYAMA (EU261 Page. 2 of 2011 12 .2010 ..2010 70 _8 .....2012. -3 20101 5 OfficeMareho'use: 5455 N.W. 24 Street, Margate, FL 33063 Meiling Address: P.O. Box 970076, Coconut Creek, FL 33097 Office` (954) 974 -5151 Fax: (954) 974 -6153 www.completepropertygroup.com- Email. cps completepropertygroup.com (BOMPLETE 9ROPERTY QERVl ES OF SOUTH FLORIDA, INC. LANDSCOING oLAWN MAINTENWEKTREE SER6ibE- WGNTID 4*LlCENSl.m*lN$UPX-Ds5QNDEb C.P.S. - INVENTORY' LIST: (LAWN IDIVISIOWONLY). AS OF 03-01-2012- .... . ... . .. .... QUIPMENTS DESCRIPTION [BRAND I MODEL DATE I QUANTITY . ...... ... - —.. .- . . LI N E tR . .... .... --- - - - - - ECHO SRM2601 .26CC - ------ . LINE TRIMMER I 1 . . . ECHO 26CC 2000i LINE TRIMMER i.ECHOSRM2601 26CC 3 LINE. TRIMMER 'ECHO SRM3100 4 LINE:4i4IMMER . . . . ..... ............ -RED MAX (BC250 2006 LINETRIMMER RED MAX (BC2600) 3 LINE TRIMMER RED MAX (BC2600) : TRIMMER MARAYAMA (HT242) 7 'TRIMMER MARAYAMA (HT242) M.ARIYAMA (HT260D) EXTENTION TRIMMER MARIYAMA (HT260q� EXTENTION TRIMMER SHINDAWA 40" SH.INDAWA40" E&H-0(H-b2--:4'-0--b) 30"'' RED MAX TRIMMER, TRIMMER. TRIMMER POWER PRUNER FOP P R 1 2 50 POWER P R UNER. SRS-2100 BILLY GOAT LEAF VACUUM CHIPPER SALCO Xl 3XT ;WOODCHUCK: CHIPPER CHIPPER B013CAT SKI D STEAR A300 STUMP GRINDERRAYCO 1625 SUPER Page 3 of 3 2011 6 15 2019, i 0 2000i 3 2011 6 6 2Q10 5 X12. 3 3 2012 6 2009 2099' 2 4 8 _20'10 2009 3 2008 4 2007 4 2007 1 2006 2 2006 3 Office Warehouse: 54 5' 24 Street, Margate, FL 33063 Mailing :Address: P.O. Box 970076, Coconut Creek, FL 33097 Office: (954) 974-5151 'Fax: (954) 974-5153 www.complete.propertygroup.com Email: cps@compiLatiapropertygroup.com �c Rl r CERTIFICATE. OF LIABILITY INSURANCE °"�" ' 'IIi101iQ2 T.FNS:CERTIFIC; TE 15 155UED A5 A FATTER OF INFORMATIfYTI GNILYAND CPNFEFtS NO FUGHTSI.WPON THE CERTFICATE; HOLOM' nqS CERTIFICATE FOES NOT AFFIRMAT'IYEL1t IDR NEF'a,A'rtV.FI Y A�M.ENO, W. ENI1 ORALTERTHE GQ1MIFtAC*E AFFORCeoW tkE pWr.I l3Ef_61N. fRis cERrFicATE Qf 1NS13RAPkt'. E i!I)i~5.'N47 CONs717'UTE A C NT ACT BFeZWEEW TllE ISSUING INS, ALITIIORM N'tEP(��FhITATNE nR �intli�EC� ANi��}iE Cr:la`f�'ITE IiOL[iER.. . 1MPO�TANT holoyrki, Ir3Q8ROqATIQiI 16W ED,?objeclto the tlmrdis and rtiridlflgpa ot,lhe PaIlry;.cCrbJ11 pglkl�ma'� rc�4lrsan•�ndo�� men! A sln�menton'.thl� �rdfic8te.�oss nn_ CounCeF ri�I„t� to Ihp, cbAlfiedE9liQl�tkn'lleu at'tp�ch en'dossgrpeniCsl• PR041ICEFI;: Adc;M6 F�.fopft &t,asualtY,lm 1 B01 Bps R . M.gMa8 . L FL, FL i$1064 Pt2ne (964) 340214 fax (954) 4167979 Deaif'G.' I14'ahlsf0lrk. {' Sfo-13j:74O44 No - R- 5) :4li Two .., 531RE FMfwIN4 :CCBmRAGF icAIC�; INsuliElt'pz C*)WI .S}rrelpin10530 Gatllpany y INSURED. Complete Property Services of South Flohda; Inc 5455 SW 24th Court Margate, FL 33063 954 AI1LSt to k awice Cvm' INSIIIIER 6:' �mY( AMPS 03l101201� INSURER C: EACHOCCURRENCE INSURER D: DAMAGE TO RENTED PREMISES Eaa¢ynence INSURERE: MEO 5XP (Any ore persm INSURER F: PER$OM1IAL8At7V k4911AY COVERAGES CERTIFICATE NUMBER: REVISION KILN I3ER, THIS IS TO CERTIFY THAT THE POLICIES OF 945(]RANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDINGANYREQUIREMENT, TERMORCONDITIONOFAN. YCONTRACTBROTHERDOCUMENTwrr "RESPECTTOWHICHTHIS CERTIFICATE MAY eE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUB.FECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. L HITS SHOWN MAY HAVE BEEN REDUCED SY PAID CLAIMS, [LLTRR TYPE OF INSURANCE Raft. B FOUCYNUMBER POLICYEFF MWI) Y�FYP. umrm A GENER&LLRBILRY © COMM ERCIALGENEFIALLIABILITY ❑, ❑ CLAIMS -[BADE © O=W ❑ ❑. GERLAGOREGATF LIMIT APPLIES PER; ❑ POLEGY ❑ PR ❑ Loo y CCP 642117 03l101201� 0311612013 EACHOCCURRENCE S 1,000,000.00 DAMAGE TO RENTED PREMISES Eaa¢ynence $ 100,000.00 MEO 5XP (Any ore persm $ PER$OM1IAL8At7V k4911AY 6 . 1,000,000.00 GENERALAGGREC4TE i 2,000,00100 PROIDUCTS- COUPiOPAGG S 200,000.00 B AUTOMOBILE LIAMUTY V❑ ANY AUTO ALLOWNEO SCHEDULES} ❑ AUTOS ❑ NO QNOVeNED ❑ HIRED AUTOS ❑ AVTOS El ❑ y 04$094208 4302/2012 03MV2013 as eDM INGIELIMIT S 1,400,000.00 64OILY kNJURY (.Pet pamm) E I30t1�LY INJURY (Per�ident $ R AGE lal S 3 ❑ UMBRELLA LAS ❑ OCCUR ❑ E r( M UAB ❑ CLAIMS -MADE EACH OCCURRENCE S kCGREGATF. S ❑ OED RErOrION $ $ WORKERS COIAPEMATION AND EUPLOYERT LIABILITY YON ANY PROPRIETORIPARTNERIEKECLTNVE OFFICEFUMEMeER- EKCLUPED7 El (Mood&"InNH) fI[yyeea desni6eUrder. OESI IPTiON OPERATIONS blow N!A ❑ WC STATEI DTI+ E,L. EACI.1 ACCENT S E.L DISEASE - EAEMPLLFYE S E.L. DISEASE!- POUCYLIMIT s OESCRPT[ON OF OPERATIONS I LOCATIONS [H@HCLE$ (AV.ath ACORD 101, Addidanal Ratrarklsfthedr0e, If mars apace is mplmc E Landscape and Lawn MBlntenance Tile Qty of CWmy Beach is an.addMonal [nsumd A4ppllcWe'to:-,Bid *20723 CERTimakr€ HOLDER: 'CANCELLATION Mrs 1988.2010ArCORC CQRPOftA11'lPN- All rfighls: IV890841. ACORD 25 (2010105). QP The ACORD rtame and logo are roglslerred waft Ql ACORR SHOULD AHY 0 THE ABOVE DESCMBEp POLICIES BE CAN6ELLL93 mFORE "of I Svq Beach THE FXPIRAMON DA,.TETHEIREOI-,.NOTICE WILL BE 'DELIVERED IN 1(YR f� 1st Avenue ACCORDANCE WITfl'FHEI'OL!ICY PI;ONISIONs, Delydy;'Beal:h, FL 33444 AMORIEEDaOWCOEWATlvg° Mrs 1988.2010ArCORC CQRPOftA11'lPN- All rfighls: IV890841. ACORD 25 (2010105). QP The ACORD rtame and logo are roglslerred waft Ql ACORR MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: August 27, 2013 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 HOUSING REHABILITATION GRANT/ CONTRACT AWARD ITEM BEFORE COMMISSION Approval is requested for one (1) Housing Rehabilitation grant to be awarded to the second lowest responsive bidder in the amount of $18,529.10. Funding for the project is through the SHIP Housing Rehabilitation grant. BACKGROUND Approval is requested for one (1) Housing Rehabilitation grant to be awarded to the second lowest responsive bidder because the lowest responsive bidder withdrew their bid for the following project: 128 NW 10th Avenue, Cordoba Construction Co /$17,200 = Total Rehab cost: $18,529.10 All bids received shall fall within a 10% range of our in -house bid. Neighborhood Services Division reserves the right to award any bid not within the 10% range to the next lowest bidder within the 10% range, after consultation with the low bidder. Grant awards are based on the actual cost of the rehabilitation, as determined by the lowest responsive bidder, plus a 5% contingency. Total rehab cost also includes 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 SHIP Housing Rehabilitation program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write -ups and individual case files are available for review in the Neighborhood Services Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsive bidder, as a result of a formal bid process. Therefore, an in -house policy was created to limit awards to the lowest responsive bidder as it relates to the Division's professional in -house estimate. This serves to disqualify unreasonably low bids and therefore, protect against the resulting change order requests. FUNDING SOURCE State Housing Initiative Program 118- 1924 -554 -49.19 and 118- 1974 -554 -49.19 after budget transfer. RECOMMENDATION Staff recommends awarding one (1) Housing Rehabilitation grant award to the second lowest responsive bidder in the amount of $18,529.10. 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C) p p p O p p CD p O (Z> < LC) 6 LC) p Cj [j Cj p O p O ' CO W CNCN Q CD �_ 00_ LC j M p ;' 00 T T Ch T [r} N - 61, K} UY W, to 64 to H3 H3 ca b4 0oCD00(D 0000 p O LO C) C) CO C) LO C5 C'0 C) O C::> CV O U-) C� O Lo Lf) C7 C] CO C) c-•- L(') U-) LO L{) C) N O �t r r CD N CD N LO M r O ti N I` CN r (L) U) z D- E2 w C O L ©❑ 0 —_ 0 v m( c U U1 2 0 v 0 a) � c � = z c W ❑ Y W (A •� m m in N O in N (3) CO (1) (1) E 2 2 Egg af a� r N M d' Ln t9 r• no rn o r BIDIQUOTE #: APPLICANT: PROJECT ADDRESS: DATE OF BID LETTERS DATE OF BID OPENING CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID # 07- 2013NS Regen!a Camel 128 NW 10th Avenue July 19, 2013 August 19, 2013 GENERAL CONTRACTORS Abisset Corporation All Phase Roofing AMR Properties Group Built Solid Construction, LLC Citywide Construction Services, Inc. CJ Contracting, LLC Cordoba Construction Co. CSB Construction, inc. J IJ Construction Corp. MacDonald Construction Company of Palm Beach Ray Graeve & Sons Construction, Inc. South Florida Construction Services, Inc. Stacy Bomar Construction, LLC. Sunband Builders Construction Inc. In -House Estimate: RECOMMENDED CONTRACTOR: BID /CONTRACT AMOUNT: 5% Contingency Lead Inspection Lead Clearance Termite Inspection Termite Treatment Recording Fees GRANT CONTRACT AMOUNT $ 16,718.00 Cordoba Construction Co, $ 17,200.00 $ 860.00 $ 18,060,00 450.00 NIA NIA NIA 19.10 18,529.10 FUNDING SOURCE: SHIP Account # 118- 1924 - 554 -49.19 COMMENTS: Lowest bidder was extremely low and withdrew itself from bid, Staff recommends awarding project to the next lowest responsive bidder. BID AMOUNT BID BOND $ 23, 060.00 Yes $ 18,455.00 Yes $ 17,200.00 Yes $ 14,825.00 Yes $ 18,810.00 Yes $ 16,718.00 Cordoba Construction Co, $ 17,200.00 $ 860.00 $ 18,060,00 450.00 NIA NIA NIA 19.10 18,529.10 FUNDING SOURCE: SHIP Account # 118- 1924 - 554 -49.19 COMMENTS: Lowest bidder was extremely low and withdrew itself from bid, Staff recommends awarding project to the next lowest responsive bidder. MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: August 27, 2013 SUBJECT: AGENDA ITEM 8.N. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 RESOLUTION NO. 17 -13 ITEM BEFORE COMMISSION This is a resolution assessing costs for abatement action required to remove nuisances on three (3) properties throughout the City. BACKGROUND The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties if the assessments remain unpaid. RECOMMENDATION Recommend approval of Resolution No. 17 -13. RESOLUTION NO. 17 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within seven (7) days from the date of said notice (forty -two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within five (5) days from the date of delivery of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and /or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach at the September 3, 2013 meeting has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said 2 Res. No. 17 -13 property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8 %, and collection costs including a reasonable attorney's fee. ATTEST: PASSED AND ADOPTED in regular session on this 3rd day of September, 2013. City Clerk MAYOR This instrument was prepared by: Brian Shutt, City Attorney 200 N.W. 1" Avenue Delray Beach, Florida 33444 Res. No. 17 -13 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT 240 NW 9TH AVENUE TOURIST NOOK DELRAY LOT 27 BLOCK A PCN 12 43 46 17 25 001 0270 CASE NO. RN 13 -41650 Jason Brenner 90 SW 3rd Street #2705 Miami, FL 33130 $ 125.00 Invoice No. 38695 $ 55.00 Admin Fee $ 180.00 144 NW 14TH STREET 17- 46 -43, E 50 FT OF W 583 FT OF S 139.9 FT OF N 312.4 FT OF N 1/2 OF NW 1/4 OF SW 1/4 OF NW 1/4 PCN 12 43 46 17 00 000 3040 CASE NO. RN 13 -41677 Trevor Goodrum Karen McNair 3051 NW 8th Road Ft. Lauderdale, FL 33311 $ 125.00 Invoice No. 38694 $ 55.00 Admin Fee $ 180.00 31 NW 13TH AVENUE ATLANTIC PARK GARDENS, DELRAY LOT 15 BLOCK 1 PCN 12 43 46 17 18 001 0150 CASE NO. RN -41652 Ruthey M. Carrington 337 SW 11th Avenue Delray Beach, FL 33444 $ 145.00 lInvoice No. 38692 $ 55.00 Admin Fee $ 200.00 VIOLATION IS: SECTION 100.01— LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE PDFConvert.18451.1.RES NO. 17- 13.xls MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: August 28, 2013 SUBJECT: AGENDA ITEM 8.0. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 RATIFICATIONS TO THE PARKING MANAGMENT ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for a ratification to the Parking Managment Advisory Board. BACKGROUND On August 8, 2013, the Community Redevelopment Agency appointed Mr. William Branning as their regular representative and Reginald Cox as their alternative representative on the Parking Management Advisory Board. The terms expire on July 31, 2014, and July 31, 2015. The Parking Management Advisory Board was established by Resolution No. 88 -97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road AlA within the corporate limits of the City. A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and he is registered. Recommend City Commission approve and ratify the appointed members for terms ending on July 31, 2014 and July 31, 2015. RECOMMENDATION Recommend City Commission approve and ratify the appointed members for terms ending on July 31, 2014 and July 31, 2015. 08/13 PARKING MANAGEMENT ADVISORY BOARD TERM MEMBERS CATEGORY EXPIRES 07/31/15 Vacant P &Z 07/31/14 William Morse CHAMBERS Appt 07/21/10 Ratified 08/17/10 Reappt 07/25/12 Ratified 08/21/12 07/31/15 William Branning CRA Appt 08/08/13 07/31/14 Margie Walden WARC Unexp Appt 10/19/10 Ratified 11/02/10 Reappt 07/12/12 Ratified 08/21/12 07/31/14 Diane Franco DDA Unexp 08/21/09 alt Ratified 11/17/09 Reappt 07/12/10 alt Ratified 08/17/10 Reappt 07/02/12 reg The representatives above are ratified by the City commission. The representatives below are appointed by the City Commission. 07/31/14 Mr. Bruce Gimmy, Chair Atlantic Avenue Corridor Unexp Appt 07/25/13 Between Swinton Avenue and the Intracoastal 07/31/14 Alan Kornblau Atlantic Avenue Corridor Unexp Appt 01/03/08 Between Swinton Avenue Reappt 01/05/10 Reappt 07 /17/12 and Interstate 95 07/31/14 John Gergen, Chair Atlantic Avenue and State Unexp Appt 05/06/08 Road AIA Corridors and Reappt 01/05/10 Reappt 07/17/12 lying East of the Intracoastal Waterway 07/31/14 Old School Square Historic Arts District Vacant 07/31/15 Allen Huntington Citizen -at -Large Appt 07/25/13 07/31/15 Brian Rosen Citizen -at -Large Unexp Appt 04/05/11 Reappt 08/02/11 Reappt 07/25/13 PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS TERM MEMBERS CATEGORY EXPIRES 07/31/14 Vacant P &Z Unexp Appt 07/31/14 CHAMBERS Unexp Appt Vacant 07/31/14 Reginald Cox CRA Unexp Appt 08/08/13 07/31/14 Peter Perri WARC Appt 07/12/12 Ratified 08/21/12 07/31/14 Albert Richwagen DDA Appt 07/13/12 Ratified 08/21/12 S /City Clerk /BoardD /Parking Management Advisory Board Contact: Scott Aronson — Parking Management Specialist 243 -7196 i i a A W H W Z Qn Qn Qn U W Q O z U 0 w �N z �wwH — zc� w � N �wwH —zc� ti i i a A W H W Z Qn Qn Qn U W Q O z U 0 w �N z �wwH — x \ / CA a� U \ C�j \ N to N \ " � / /U � \ / a� U a a a a 0 o M cC W Oe+'C � � W d •s�'.� tom'. ��' x \ / CA a� U \ C�j \ N to N \ " � / /U � \ / a� U MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: August 30, 2013 SUBJECT: AGENDA ITEM 8.P. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 AMENDMENT NO 4 /SUNGARD PUBLIC SAFETY SOFTWARE ITEM BEFORE COMMISSION The item before Commission is Amendment No. 4 to the agreement between the City and SunGard Public Sector, Inc. for Public Safety Software Systems. BACKGROUND The City entered into an agreement with SunGard Public Sector, Inc. date June 29, 2010 for purchase and installation of Public Safety Software Systems for the Police and Fire Departments providing an enhanced level of technology for these departments. SunGard Public Sector was selected following the issuance of RFP 2010 -05. Amendment No. 1 dated August 17, 2010 added some language about removing the older software version when the new version is installed and fully functioning for 30 days. Amendment No. 2 dated March 16, 2011 provided for various changes to the License and Maintenance Agreements some of which included the addition of Crywolf alarm billing software. Amendment No. 3 date June 30, 2011 provided for various changes to licenses, services, maintenance. Amendment No. 4 includes various changes including the addition of some license and maintenance costs and the crediting/refund of costs to the City resulting in a refund to the City of $5,247.87 for expenses that exceeded the Travel Expense Cap and various credits to the City to be applied to one outstanding invoice amount and to purchase additional licenses and /or payment of maintenance expenses. A summary of changes are attached for your review. RECOMMENDATION Staff recommends approval of Amendment No. 4 to the Agreement between the City and SunGard Public Sector, Inc. for Public Safety Software Systems contingent upon approval of the amendment by SunGard and the City Attorney. AMENDMENT NO. 4 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND SUNGARD PUBLIC SECTOR, INC. THIS AMENDMENT NO. 4 amends the Agreement between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "City "), and SUNGARD PUBLIC SECTOR, INC., ( "Bidder ") dated June 29, 2010, Amendment No. 1 between the City and Bidder dated August 17, 2010, Amendment No. 2 between the City and Bidder dated March 16, 2011, and Amendment No. 3 between the City and Bidder dated June 30, 2011. WITNESSETH: WHEREAS, the City and Bidder are desirous of amending the Standard Form of Agreement between the City and to make various adjustments to the Software License and Service Agreement ( "License Agreement ") and the Software Maintenance Agreement ( "Maintenance Agreement ") NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent that the above recitals are hereby incorporated as if fully set forth herein. 2. Revisions. a. Exhibit 1 to the License Agreement between the City and Bidder is amended to read as follows: (1) The following Component Systems have been added to page 8 of the License Agreement (the "Additional Component System "): Qty. Part # Component System License Fee 5 CAD -MRM CAD RESOURCE MONITOR DISPLAY LICENSE WITH MAPS 5,000.00 1 CAD - MOSCAD Total $5,000.00 License Fee shall be 100% due on the execution of this Amendment #4 (2) The following Component Systems have been deleted from page 8 of the License Agreement (the "Deleted Component Systems "): Qty. Part # Component System License Fee 1 RMS- CFS -50 CALLS FOR SERVICE MODULE — 50 WORKSTATION 4,500.00 1 CAD - MOSCAD CAD INTERFACE TO MOSCAD 7,500.00 1 RMS -PSD PROFESSIONAL STANDARDS (INTERNAL AFFAIRS) MODULE 17,500.00 1 RMS- PARK -10 PARKING TICKET ADMINISTRATION MODULE — 10 WORKSTATIONS 7,000.00 6 MCT- CLIENT -PDA MCT CLIENT - PDA 3,000.00 6 MCT- MFR -HH -PK MFR CLIENT - HANDHELD PARKING TICKET MODULE 1,200.00 Total $40,700.00 City shall be credited $5,698.00 for these the Deleted Component Systems due to discount provided on license purchases in the agreement dated June 29, 2010. Such credit shall be applied to Customer's account for the purchase of additional Component Systems and /or Component System Maintenance Fees. (3) The following Services have been amended on page 9 of the License Agreement (the "Deleted Services "): Qty. Part # Description I Training 4 Inac nnnTonl -INAS ADD ON MODULE Q TRAINING �rnrrrrry Customer has paid the amount of $4,800.00 towards the Deleted Services. SunGard Public Sector reallocated $2,100 (14 hours) towards the purchases of additional P2C 2 Migration Services (below), and $2,400 (16 hours) towards the purchase of additional RMS add -on Module User Training (below). Credit balance of $300 (2 hours) shall be applied to Customer's account to be used towards the purchase of additional Component Systems and /or Component Systems Maintenance Fees. (4) The following Services have been added to page 9 of the License Agreement (the "Additional Services "): Qty. Part # Description Installation 1 TCH- MGRTN -P2C P2C Migration Services $2,100.00 1 RMS- USR -TRN RMS Add -On Module User $2,400.00 Training (5) The Summary of Costs Table on page 11 of the License Agreement is replaced with the following table: SUMMARY OF COSTS Note: City of Delray Beach previously amended the City purchase order to add the amount of $700 for the initial Iron Mountain Source Code Escrow fee and for a $100 credit. The total Agreement contract amount is $863,394.94, plus $600. 3 Price Component Systems $4969,4269 59 $195,728.50 Services $4111,80 98 $411,550.00 Pay Agency Products $2004 $196,116.44 Travel & Living (not to Exceed) $60,000.00 Total $868,817.94 $863,394.94 Note: City of Delray Beach previously amended the City purchase order to add the amount of $700 for the initial Iron Mountain Source Code Escrow fee and for a $100 credit. The total Agreement contract amount is $863,394.94, plus $600. 3 (6) Pages 13 -26 of the License Agreement, "Descriptions ", shall be amended to read as follows: (a) The following description shall be deleted from Page 15: (b) The following description shall be deleted from Page 18: 4 (c) The following description shall be deleted from Page 18: (d) The following description shall be deleted from Page 19: (e) The following description shall be deleted from Page 22 and 23: rrr.�■■ _ r:r_�e�rrcnc ■��nnr_�.�:n .r�:�.>re . r ■ ■ 1 ■ W_ I! MINNIE- 11 10- (f) The following description shall be deleted from Page 23: (7) Attachment 1 to the License Agreement, Firehouse Quote dated 6/10/2010 (Estimate No. 17023) is amended as follows: DESCRIPTION QTY COST E1 TOTAL FIREHOUSE Software Web Version - Modules 1 11,795.00 330001 11,795.00 included are Fire and EMS Reporting, Staff Activities and Training, Occupancy Management, Apparatus Equipment and Inventory, Hydrant Tracking FIREHOUSE Software Web Version - Additional User 24 1,795.00 330002 43,080.00 FH Web Bundled System Discount - 20,000.00 - 20,000.00 FIREHOUSE Software Web /OSSI CAD Interface 1 25,000.00 342010 25,000.00 FH Mobile EMS module 15 2,000.00 350009 30,000.00 FH Telestaff Roster Interface 1 2,600.00 360027 2,600.00 FHinspector for iPad 5 500.00 350016 2,500.00 Subtotal - one time purchase /licensing fee 94,975.00 FH Web - Complete System Premium Support 1 2,025.00 372011 2,025.00 FH Web - Additional User Premium Support 24 285.00 372008 6,840.00 OSSI CAD Monitor Premium Support 1 3,200.00 372010 3,200.00 FHinspector for iPad Support Renewal 5 15000 375509 750.00 Subtotal - annual support fee l6olcnn 12,815.00 Installation and/or training on -site per day charge 7 1,595.00 380004 11,165.00 Out -of -state sale, exempt from sales tax 0.00% 0.00 TOTAL el� $118,955.00 (8) The following Pay Agency Items are revised on page 10 of the License Agreement: Qty. Part # Pay Agency Products Initial Annual Support Type -1-9 CAD INARINA r Maintenance 1 FIRE -FH- SUPPORT FH Software Web Version — Module '$,, ,^^.^4 CAD -MRM CAD RESOURCE MONITOR DISPLAY LICENSE WITH MAPS Update/Support $12 815.00 b. Exhibit 1 to the Maintenance Agreement between the City and Bidder is amended to read as follows: (1) The Component Systems have been amended as follows on Page 6 of the Maintenance Agreement: Qty. Part # Component System Initial Payment Amount Support Type -1-9 CAD INARINA r CAD ff�RESQi iIRGEE INAnNIT-no C PIP' 434 1'GENU WITH AAA S n�o I �I 1 15 CAD -MRM CAD RESOURCE MONITOR DISPLAY LICENSE WITH MAPS 2,400.00 5x11 The term of support for the Component Systems listed above shall commence on October 1, 2013. The initial Payment Amount above shall be due October 1, 2013, upon Invoice. (2) The following Component Systems have been deleted from Page 6 of the Maintenance Agreement: Ej Initial Payment Qty. Part # Component System Amount Support Type 1 RMS- CFS -50 CALLS FOR SERVICE MODULE — 50 720.00 5x11 WORKSTATION 1 CAD - MOSCAD CAD INTERFACE TO MOSCAD 1,350.00 7x24 1 RMS -PSD PROFESSIONAL STANDARDS 2,800.00 5x11 (INTERNAL AFFAIRS) MODULE 1 RMS- PARK -10 PARKING TICKET 1,120.00 5x11 ADMINISTRATION MODULE -10 WORKSTATIONS 6 MCT- CLIENT -PDA MCT CLIENT - PDA 480.00 5x11 6 MCT- MFR -HH -PK MFR CLIENT - HANDHELD 192.00 5x11 PARKING TICKET MODULE Ej The total Initial Payment Amount in Exhibit 1 on page 6 of the Maintenance Agreement is changed from $228,665.39 to $222,003.30. City shall be credited $13,324.00 for previous 2011 -2012 and 2012 -2013 maintenance period payments for these deleted Component Systems. Such credit shall be applied to Customer's account for the purchase of additional Component Systems and /or payment for Maintenance of Component Systems. Additionally, such credit shall be applied against the outstanding balance of $3,000 due on invoice #46824. C. City will be provided with a credit of $5,247.87 for expenses that exceeded the $60,000 Travel Expense cap in the License Agreement. Such credit shall be refunded to City by check. Bidder shall also waive amounts due, but not yet paid, for travel expenses on invoices #35261, #37519, and #42426 totaling $701.31. d. Paragraph 2 of Exhibit No 1 to the Software Maintenance Agreement is amended to add new language as follows: *Payment Amount includes migration and support into a NET environment when and if generally available to all customers under standard maintenance agreement. Customer agrees that subsequent to the completion of the NET version upgrade, Customer will surrender the right to continue to use the prior FoxPro version's code and it will be removed from the Customer's directory once the . NET version is installed on p] Customer's hardware, and is fully functioning, including fully functioning with all other modules and interfaces that were functioning with the FoxPro version, for a period of thirty (30) calendar days. The FoxPro version will only be removed on a module by module basis for the specific .NET modules that are installed on Customer's hardware. Customer is exempt from the payment of taxes which shall be evidenced by submission. 3. Full Force and Effect. All other terms and conditions of the Agreement not expressly modified by this Amendment No. 4 remain in full force and effect. 4. Effective Date of Amendment No. 4 to the Agreement. This Amendment shall not be effective until it is approved by the City Commission and signed by both of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 4 to be duly executed this day of ATTEST: City Clerk Approved as to Form: City Attorney 10 , 2013. CITY OF DELRAY BEACH, FLORIDA Cary D. Glickstein, Mayor WITNESSES: (Print or Type Name) (Print or Type Name) STATE OF FLORIDA COUNTY OF SUNGARD PUBLIC SECTOR, INC. By:_ Name: Title: The foregoing instrument was acknowledged before me this day of , 2011, by (name of officer or agent, title of officer or agent) of Sungard Public Sector, Inc. (name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced as identification and did (did not) take an oath. 11 (type of identification) Signature of Notary Public - State of Florida SUMMARY OF CHANGES — SUNGARD AMENDMENT NO. 4 Credits Returned License Fees: $5,698 Extra Training Time: $300 Maintenance Fee Credit for returned licenses: $13,324 TOTAL Credits $19,322 Billed to City of Delray Beach $5,000 - for 5 additional licenses for Police Department (with maintenance to start being billed Oct. 1) $3,000 for a previous invoice TOTAL Payments: $8,000 Net Credit to City: $11,322 Additional Refund of Travel Expenses to be paid by Check to City: $5,247.87 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: August 27, 2013 SUBJECT: AGENDA ITEM 8.Q. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 FY14 PROPOSED GOLF RATES/ DELRAY BEACH MUNICIPAL GOLF COURSE ITEM BEFORE COMMISSION City Commission is requested to approve proposed maximum rates for FY 2014 for the Delray Beach Municipal Golf Course. BACKGROUND Attached is the proposed maximum rate schedule for the municipal course, along with a rate comparison with other municipal courses which reflects current year pricing. Maximum rates would be the highest rate that would be charged. Based on market conditions, however, we often promote specials at rates lower than maximum. Golf fees, except for prepaid green fees, are in line with other golf courses. No increases are proposed in the maximum rates for daily round play. Permit holders can play the Lakeview course for a reduced fee and we also have a college student permit fee. 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Z Z > Z Z= Z 2 4 Z ¢ CA a U d � U O z d z U 0 Z Q U O Z Q¢ Z3 U 0 z U © Z U O Z i5 ri) L, IL p p a p p p Q U Q 0 U C] MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: August 27, 2013 SUBJECT: AGENDA ITEM 8.R. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 FY2014 PROPOSED TENNIS RATES/ TENNIS FACILITIES ITEM BEFORE COMMISSION City Commission is requested to approve proposed maximum rates for the Tennis Facilities for FY 2014. BACKGROUND Attached is the proposed maximum rate increases for Tennis Facilities for FY 2014, along with a rate comparison which reflects current rates with other facilities. All proposed rate are based on market conditions. Due to loss of members, member complaints from the Customer Satisfaction surveys about high rates, since we are one of the highest cost facilities and current economic conditions, no increases are recommended at this time. The maximum rates proposed can be reduced based on market conditions. RECOMMENDATION Staff recommends approval of proposed maximum rates for FY 2014 for the Tennis Facilities. DELRAY BEACH TENNIS CENTER - FISCAL YEAR 2013 -2014 PROPOSED MAXIMUM MISCELLANEOUS RATES EXISTING LIGHTS (1 112 HOURS) $7.00 LOCKER RENTAL (YEARLY) $40.00 BALL MACHINE RENTAL PROPOSED (PER HOUR) $17.00 RACQUET RENTAL $100 MISCELLANEOUS RATES INCLUDE FLORIDA SALES TAX PROPOSED $7.00 $40.00 $17.00 $3.00 PRIVATE LESSON RATES $55.00 $55.00 COUNTY RESIDENTS EXISTING PROPOSED ONE -HALF HOUR- $77,00 $77.00 MEMBERS/CITY RESIDENT $34.00 $34.00 COUNTY RESIDENTS $40.00 $40.00 NON - RESIDENTS $44.00 $44.00 JUNIORS COUNTY $29.00 $29.00 JUNIOR NON - RESIDENT $37.00 $37.00 ONE HOUR MEMBERS /CITY RESIDENT $55.00 $55.00 COUNTY RESIDENTS $64.00 $64.00 NON - RESIDENTS $77,00 $77.00 JUNIORS COUNTY $47.00 $47.00 JUNIORS NON-RESIDENT $57.00 $57.00 DELRAY BEACH TENNIS CENTER - FISCAL YEAR 2013 -2014 PROPOSED MAXIMUM DAILY RATES COURT FEES - CLAY COURTS (PER PERSON) NOV, 1 - APRIL M CITY RESIDENTS ADULTS JUNIORS COUNTY RESIDENTS ADULTS JUNIORS NON - RESIDENTS ADULTS JUNIORS MAY 1 - OCT 31 CITY RESIDENTS ADULTS JUNIORS COUNTY RESIDENTS ADULTS JUNIORS NON- RESIDENTS ADULTS JUNIORS ALL PRICES INCLUDE 6% FLORIDA SALES TAX COURT TIMES: EXISTING PROPOSE $10.00 $10.00 $5.00 $5.00 $12.00 $12.00 $6.00 $6.00 $15.00 $15.00 $10.00 $10.00 EXISTING PROPOSED $9.00 $9.00 $4.50 $4.50 $11.00 $11.00 $5.50 $5.50 $14.00 $14.00 $7.00 $7.00 DELRAY BEACH TENNIS CENTER - FISCAL YEAR 2013 -2014 PROPOSED MAXIMUM GAILY RATES COURT FEES - HARD COURTS (PER PERSON) COURT TIMES: NOV. 1 -APRIL 30 EXI IST�N PROPOSED CITY RESIDENTS ADULTS $7.00 $7.00 JUNIORS $3.50 $3.50 COUNTY RESIDENTS ADULTS $8.00 $8.00 JUNIORS $4.00 $4.00 NON - RESIDENTS ADULTS $10.00 $10.00 JUNIORS $5.00 $5.00 UAY I - C7CT 31 EXISTING PROPOSED CITY RESIDENTS ADULTS $5.00 $5.00 JUNIORS $1.00 $1,00 COUNTY RESIDENTS ADULTS $7.00 $7,00 JUNIORS $3.50 $3.50 NON - RESIDENTS ADULTS $8.00 $8.00 JUNIORS $4.00 $4.00 ALL PRICES INCLUDE 6% FLORIDA SALES TAX DELRAY BEACH TENNIS CENTER x FISCAL YEAR 2013 -2014 PROPOSED MAXIMUM MEMBERSHIP RATES TYPE OF ANNUAL MEMBERSHIP (10/01113-9130114 RESIDENT EXISTING PROPOSED SINGLE $ 325.00 $ 325.00 FAMILY $ 500.00 $ 500.00 JUNIOR $ 50.00 $ 50.00 I- 1116 11.0&g1T# [ii SINGLE $ 565.00 $ 565,00 FAMILY $ 785.00 $ 785.00 JUNIOR $ 100,00 $ 100.00 TYPE OF SUMMER MEMBERSHIP (511113-9/30114). RESIDENT SINGLE $ i50.00 $ 150.00 FAMILY $ 215,00 $ 215.00 JUNIOR $ 35.00 $ 35.00 NON - RESIDENT SINGLE $ 225.00 $ 225.00 FAMILY $ 315,00 $ 315.00 JUNIOR $ 55.00 $ 55.00 NOTE: MEMBERSHIP RATES LISTED ABOVE DO NOT INCLUDE FLORIDA SALES TAX. FAMILY =HUSBAND, WIFE AND CHILDREN EITHER UNDER THE AGE OF 18 OR UNDER THE AGE OF 21 AND ATTENDING SCHOOL. ON A FULL TIME- BASIS. m U w c c m 1+ t V ro 9 y� m W it! `Q2gyT h Y�i N N 555222 « + 4 .71 S«�i gal « � n M �' •yi � wu�n. y � «uu � uu s �y� a rm mt� 9 oN �yR W ed Ep � fYN �' � 6 �^W•� � •^N �w �MN �hN n ggqg rt �C } � ,sue, 1z �� •}Sr�$ rp,�°� �rew�� cYY��35 m°} w4�e� �� ,� *,��' ppAo� -�5 _y �� O� � ryry a F M iZS �O 131311 M $ M Y ? g ti $ g £�� 3 4, � $8 ° �? p qqo cis r as �N &�y oyi! into ��+llllfjjj sYWSy Wily Ht} �j WWh'dWWf 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: August 27, 2013 SUBJECT: AGENDA ITEM 8.S. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 FY2014 PROPOSED GOLF RATES/ LAKEVIEW GOLF COURSE ITEM BEFORE COMMISSION City Commission is requested to approve proposed maximum rates for FY 2014 for the Lakeview Golf Course. BACKGROUND Attached is the proposed maximum rate schedule for the Lakeview Golf Course for FY 2014, along with a rate comparison which reflects current rates for other like golf courses. Fees proposed are the same as in the current year and are in line with other comparable courses. This course is very price sensitive. Although the management company is not proposing across the board rate increases, they feel these proposed rates are in line with market conditions and would maintain or increase rounds played. Maximum rates would be the highest rate that would be charged. Based on market conditions, however, we often promote specials at rates lower than maximum. RECOMMENDATION Staff recommends approval of proposed maximum rates for FY 2014 for the Lakeview Golf Course. CO 0O 0O C) o O W c�V cT m c Xd X IL z EF} H-} Uf l ft} 69D, 64 Z +r 0� LLI C:) C� C� C) C7 0 C� O O CD m co r w W E F- N ch M Cf N i w Z LJ O O Z N C CD Co 0 0 LOO_ Ln 3 Z N N r V CD tt5 c�V CmrJ ¢ U x W N > m N M 69- 613 6s 6S� tp� 6or A O R .� is ❑ � o C� CD CD CD a C$ C> CD O r 0 O o O O o o [J Lq O C1 M r � A 0 2 O N m N 3 i cc M = E i6 CD J °o 0 0 C °C� °Lggo � o o 0 O r- o a°, C CL LL' Q Z N o CD CD LO CA LO "d" m 0 d Q u3 fn L- L a� Lux a � x uJ w ---� � «i el)- n tr +fr +fr � �t 03 x �a O � LO°O = C) C) C°0 oNC> 3 = O Z O ti N N N1- N Cl) N (fl r— O 'tl" r- CD E O C CU H x v CO O W N &n Q �+ w co O U) U (<J L >J LC •� Q. 1L ❑ (D r ❑ Q W R W O D (1) Z C" C C = . m CL 0 r_ � ' m O CU � E a fn a� cn (j 0 cu ?: ? 2 a z off: Q to South Palm Beach - Area Executive Golf Courses 2012 -2013 Rate Comparison 8/16/2013 (Revised) Marina Lakeview Sherwood Lakes King's Point Ride 18 Holes "Shoulder" November, 2011 - December, 2011 Resident/League /Charity $27.00 n/a $20.00 $26.00 Non - Resident $28.00 n/a $20.00 $26.00 "Season" December, 2011 -April, 2012 ResidentlLeague /Charity $31.00 $26.50 $30.00 $32.00 Non - Resident $33.00 $26.50 $30.00 $32.00 "Summer" April, 2012 - November, 2012 Resident/League /Charity $17.50 $15.95 $15.00 $17.00 Non - Resident $18.50 $15.95 $15.00 $17.00 Walk 18 Holes Walking only "Shoulder" allowed after November, 2011 - December, 2011 11:00 AM Resident/League /Charity $20.00 n/a n/a $14.00 Non- Resident $22.00 n/a n/a $14.00 "Season" December, 2011 - April, 2012 Resident/League /Charity $22.00 n/a $19.00 $14.00 Non - Resident $26.00 n/a $19.00 $14.00 "Summer" April, 2012 - November, 2012 Resident/League $12.50 n/a $16.00 $12.00 Non - Resident $13.50 n/a $18.00 $12.00 *All rates subject to sales tax *Other golf courses in competitive analysis do not have a "shoulder' season *Marina Lakes and King's Point are now acknowledged as relevant competitors to LVGC. MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: August 28, 2013 SUBJECT: AGENDA ITEM 8.T. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 SPECIAL EVENT REQUEST/ ON THE AVE ITEM BEFORE COMMISSION City Commission is requested to approve a Special Event Permit for On the Ave scheduled for October 17, 2013 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of NE 2nd Avenue from the alley north of Atlantic Avenue to south of the garage entrance to City Walk. NE 1St Street will remain open to traffic. Commission is also requested to authorize staff support for security and traffic control, EMS assistance and fire inspection, signage and banner hanging and removal, barricade set up and removal, and trash removal and clean up. BACKGROUND Attached are the special event permit request, site plan, budget and Economic Calculator for this event received from Jarrod White, Event Coordinator of the Delray Beach Marketing Cooperative. The DBMC is proposing to move this October event from Atlantic Avenue to Pineapple Grove (N.E. 2nd Avenue). The estimate of overtime costs for this event is $3,760 and event signage is $250. Based on the event agreement, the DBMC is to pay the City 50% for all overtime costs and a 5% administrative fee, plus the cost of signage for an estimated charge of $2,225. RECOMMENDATION Staff recommends approval of the Special Event Permit, approval of the temporary use permit and street closures, staff support as stated above, including signage with payment of costs to the City per the Special Event Policies and Procedures contingent on the receipt of a letter from the private property owners for the car show by October 3, 2013. Event Name /Title City of Delray Beach Special Event Permit Application REVISED 11.2.11 PLEASE TYPE OR PRINT cEvent Date(s): 0i�Jb� zo r3' Times: _ t. Requesting street closure: . yes X_ (If yes, need time /date for closure and reopening) Event Sponsor/Producer: / /r% V- ,A?, Event Contact/Coordinator: 4 . /.N Mi — no 0wrerr tvc M Name: _ �-✓z lJ �%�¢ I'7S Address: �! Telephone Number. 51,1- z Te - /39 Cellular Nu er: ' E -mail Address; jt.,;k+l-v- d 26n 674- Event Description/Purpose: G'tS ( taictc i, Gi S C .lu. Brief History of Event (If applicable);c��cl- ia,cGz f° Planned Activities (Outline of activities /number of activities, ix, entertainment, children's rides, games, other programs): 1'Y1tzSk'c_l jMticaes A,c - a� k Rt bi l L in-,, � tCxv+r4o , � ca Stn nom. Crf v can art Page I of 5 Page 2 of 5 Number of Individuals Served Previous Year (if applicable) :� Describe the targeted population and expected attendance: 1�)-e (Krl &CIC k I Describe how the program orproject addresses community needs: r` Dcscribe your Marketing/Promotions Program (How will you nrarket/promote, i.e. TV, raZZE posters, flyers, web sites, other); 1 OK-5&0 /��G�Gr n ,. 5or11( rte! , /25/f `s /mob I ish d r Sponsor Category (please check) City o Non-Profit/Charitable k Private a Co-Sponsor—Non-Profit/Private o (If Nou profit attach goof of 501c(3), c(4), c(b), C(10), or e(19) or (d) Event Location (Describe area boundaries of event/location) :�,�. Site plan attached: yes no (Site plan required for entire event site. lit elude locations of tents, stage, portalets, dunipsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no t� (If yes, attach proof of approval) Rental of Old School Square Park: yes ---- no (If yes, attach proof of rental agreement with Parks & Recreation) Private Property Use: yes no 7;e' yes, attach letter giving authorization frora property owner) Event budget Revenue & Expenses attached: yes no (Required for alt events) U_hstivda1MSpecial Event ReyuestlSpedal Event Permit Application REVISED FINAL FY1© -1 t(3).doc •� Page 3of5 Previous year Revenue/Expense summary attached: yes no (Required for all events) Arts and Economic Impact Calculator attached: yes no Obtained on line at w%v%v,AmericansForTlicAr•ts.org (Required for all events except mirror events and 5K Runs) Do you have cash sponsors for the event: yes no (Indicated on budget) Do you have inkind sponsors for the event: yes no (indicated on budget) Serving or selling alcoholic beverages: yes_ no If yes, what entity is obtaining the Alcohol License peralit? / (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes y no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: (Waiver required) yes._. no Will there be entertainment: yes [/ no (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertains lent will be family oriented and contain no obscenities: yes no Requesting Police assistance: yes � no (traffic control /security) Will supplement with private security: yes no (If yes, need plait attached) Requesting Emergency Medical assistance: yes X- no Requesting barricade assistance: yes no (If no, how are you handling ?) Requesting trash removal /clean up assistance: yes no (If no, /row are you handling ?) Requesting trash boxes /containers and liners: yes na ba,u'A_(&"' JLp aJ('t I,--- Requesting stage use: yes no (If yes, check type) Large stage (14' x 361) u Sinai] stage (16' x 21') ❑ Half sinall stage ($' x 21') o U:lr«vdatalSpeoial Event Reclue- SOSpecla! Event Pennit Application REVISED FINAL PY10 -1 1(3).doc Page 4 of S Requesting signage: yes no Type: 4'x4'Event sign Parking Signs Banner hanging I hare, k- PrrO-K Indicate elates required (Waiver required if more than tivo (2) ipeekprior to event) Requesting City Portable Generator: (If yes, size & power) Food and beverage vendors: If yes, approximate number (Health Department approval required) yes no rro yes L/ no Other vendors: yes ✓ 310 (Indicate type) 2eWL__�i -I -c -- v" 3 Tents: yes no If yes, How marry 2 G What size or size required (If yes, tent pernihs and fire inspections may be needed) Wilt the event include amusement rides: yes no (Ifyes, type and location and copy of tiability insurance required, also requires state license and inspection.) Will the event be gated: (Show on -site Wrap) Will there be a charge for the event: (If yes, indicate ticket prices) yes_ no 'fir yes_ . _ no Will there be fireworks or other pyrotechnics: yes na (If yes, contact Tire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes no (If yes, contact Fire klarshal for inspections) Will you be providing port -a -lets for the event: yes no (If yes, locate on -site neap. If no, indicate how yon will handle restroorrr needs) Is reserved parking requested: yes no (If yes, indicate locations and propose far rose) U:lwwvdatalSpecial Event RcquestlSpecial Event Permit Application REVISED FFNAL FY10 -t 1(3),doc Page 5 of 5 .Event Permit Attac!pents; _ _Revenueffixpense Budget f Revcntte/Expense Recap Last Years Event --- Site Plan - —Arts and Economic fmpact Calendar Letter Requesting Noise Ordinance Waiver ✓ Letter Requesting Waiver Consumption Alcohol Beverages Proof of Non - Profit Status v Geneial Liability Insurance Certificate r� Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement, notarized. Submittal Date Requirements: + Minor Event 45 days prior to event Intermediate Event 90 Clays prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event bi'vent Corltrac rlCo rtlinlfor Date( Please print: 4d/li Please enclose the appropriate non - refundable application fee payable to the City of Delray Beach, 100 N.W. I" Avenue, Delray Beach, Florida 33444, Required with permit application. Tor Staff Use Only Date Received 1s Application fee received $ tJ:1K- vdata6Special Event RequcstlSF*1 Event Permit ApphcationREVISED FINAL FYI 0- 1l(3)AM r • (�, J Y' C it f J i W 10 W I i� fig ._ M y . 1:r1 0 1 1� a f- =0 N N W W ~ if d y U O t: m O p a 1 1� :._ = c w = c y O U can y 1��y w a� m L N 3 0 t N L � z w w 0 U 0 Q m o N (d U 0 m N .a C 0 9 N 97 47 m �a m U � C71 ? 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V p Q) Q7 fti E O � in 14n R � d C do O w eq LM C G o Cd Z � � a C 'j �� u N �cD C O � � a .• o o c ti of %� ni_ ! � in 14n R C d C do Ley w eq LM C G o Cd Z � � a C 'j �� rat N �cD aK CG ° n a ° Ed O O O d 'y G3 D � 4 43 LL pk M I:Q !61 N R4 ed r9 to O a m m L M. r Q G CL d R � Q a � o c a: m 0 N o` .• o o c ti of %� w CR LE'Y C G Q7 c � � a m m L M. r Q G CL d R � Q a � o c a: m 0 N o` Untitled Document Information Page 1 of 1 Arts & Economic Prosperity Calculator The Economic Impact of Nonprofit Arts and CUlture Organizations and Their Audiences STEP 1: POPULATION POPULATION of your community: STEP 2: TOTAL EXPENSES (optional) Your Organization's TOTAL EXPENSES (please do not use commas): STEP 3: TOTAL ATTENDANCE (optional) TOTAL ATTENDANCE to your organization's arts events (again, do not use commas) Total Economic Impact Of: 50,000 to 99,999 $ 11430 IVVVV calculate reset Definitions Total Expenditures: The total dollars spent by your nonprofit arts and culture organization and its audiences; event- related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in similarly populated communities. Back to Calculator FTE Jobs: The total number of full -time equivalent (FTE) jobs in your community that are supported by the expenditures made by your arts and culture organization and/or its audiences. An FTE can be one full -time employee, two half -time employees, four employees who work quarter -time, etc. Back to Calculator Household Income: The total dollars paid to community residents as a result of the expenditures made by your arts and culture organization and/or its audiences. Household income includes salaries, wages, and proprietary income. Back to Calculator Government The total dollars received by your local and state governments (e.g., license fees, taxes) as a result of the Revenue: expenditures made by your arts and culture organization and/or its audiences. Back to Calculator When using estimates derived from this calculator, always keep the following caveats in mind: (1) the results of this analysis are based upon the averages of similarly populated communities, (2) input/output models were customized for each of these similarly populated communities, providing very specific employment, household income, and government revenue data, and (3) your results are therefore estimates, and should not be used as a substitute for conducting an economic impact study that is customized for your community. cD Copyright 2007 by Americans for the Arts. www.AmericansForTheArts.or littp : //Nvww.americansfoilhearts.org/ information services/ research /services /economic_impa.., 3/8/2013 Total Expenditures Household Local FTE Jobs Income Government State Government Revenue Revenue Nonprofit Arts and Culture $11,430 0.4 $7,516 $390 $445 Organizations: Nonprofit Arts and Culture $339,750 9 $137,816 $13,495 $15,815 Audiences: Total Industry sandAumpact: (The Sum of Organizations and Audiences) $351,180 9.3 $145,332 $13,885 $16,260 Print Your Results Please see the fine print below. Definitions Total Expenditures: The total dollars spent by your nonprofit arts and culture organization and its audiences; event- related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in similarly populated communities. Back to Calculator FTE Jobs: The total number of full -time equivalent (FTE) jobs in your community that are supported by the expenditures made by your arts and culture organization and/or its audiences. An FTE can be one full -time employee, two half -time employees, four employees who work quarter -time, etc. Back to Calculator Household Income: The total dollars paid to community residents as a result of the expenditures made by your arts and culture organization and/or its audiences. Household income includes salaries, wages, and proprietary income. Back to Calculator Government The total dollars received by your local and state governments (e.g., license fees, taxes) as a result of the Revenue: expenditures made by your arts and culture organization and/or its audiences. Back to Calculator When using estimates derived from this calculator, always keep the following caveats in mind: (1) the results of this analysis are based upon the averages of similarly populated communities, (2) input/output models were customized for each of these similarly populated communities, providing very specific employment, household income, and government revenue data, and (3) your results are therefore estimates, and should not be used as a substitute for conducting an economic impact study that is customized for your community. cD Copyright 2007 by Americans for the Arts. www.AmericansForTheArts.or littp : //Nvww.americansfoilhearts.org/ information services/ research /services /economic_impa.., 3/8/2013 MEMORANDUM 'A Z TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: August 27, 2013 SUBJECT: AGENDA ITEM 8.U. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 SPECIAL EVENT REQUEST/ 14TH ANNUAL DOWNTOWN DELRAY BEACH THANKSGIVING WEEKEND ART FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to approve a Special Event Permit for the 14th Annual Downtown Delray Beach Thanksgiving Weekend Art Festival to be held on November 30 & December 1, 2013 from 10:00 a.m. until 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for use of NE 4th from Atlantic Avenue to NE 2nd Street and from Atlantic Avenue to SE 2nd Street and the north Hands parking lot for vendors and to authorize staff support for traffic control, security and fire inspection services. BACKGROUND Attached are the special event permit application, site plan, budget and Economic Prosperity Calculator from Howard Alan Events, Ltd. for this event. Part of the proceeds will shared with the Downtown Development Authority. The City is requested to provide police traffic control and security for this event. In addition, a Fire Inspector will be required. The event sponsor will provide vendor approval, event management, site clean up, port-o -lets, event signage and barricading. The estimated cost for overtime is approximately $6,288 and the estimated administrative fee is $314 for a total of $6,602. Signage per LDR's Section 4.6.7(F)(3)(f) can be installed 14 days prior to the event and must be under 20 square feet. Per event policies and procedures, the event sponsor will pay all City overtime costs and the administrative fee. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit for street closure, parking lot use for vendors, approval of staff support for police traffic control and security, Fire Inspector and sign installation with the sponsor paying all City costs. City of Delray Bead �.�rrecH Special Event Permit �It w►rl�c Application REVISED 11.2.11 PLEASE TYPE OR PRINT 1993 2001 Event Name/Title: 14th Annual Downtown Delray Beach Thanksgiving Weekend Art Festival Event Date(s): Nov. 30th & Dec. 1st, 2013 'limes: Saturday 10am -5pm Requesting street closure: . yes X (If yes, deed (ime /date for closure and reopening) r Sunday 10am -5pm no Event Sponsor/Producer: Delray Beach Downtown Development Authority / No whil*7 &1C'-Y7 Event Contact /Coordinator: Howard Alan Events Nanic: Howard Alan Address: 270 Central Blvd., Suite 107B, Jupiter, Ft_ 33458 Telephone Number: 561- 746.6615 Cellular Number: E -mail Address: info @artfastivai.com Event Description/Purpose: Outdoor art festival, annual, cultural, and community gathering opportunity Brief History of Event (If applicable): This is the 14th year this festival has been serving this community Planned Activities (Outline of activities /number of activities, i.e, entertainment, children's rides, games, other programs): Varied artists exhibiting and selling their hand made items Page I of 5 Number of Individuals Served Previous Year (if applicable): Describe the targeted population and expected attendance: targeted population Page 2 of 5 M171#I1] 4700 local residents are the Describe how the program or project addresses community needs: Providing a free festival with artists ranging in mediums from jewelry to sculptures. Acts as a community, cultural, and civic event. Describe your Market i ng/Proniotions Program (How wilt you market /promote, Le, TV, radio, Posters, flyers, web sites, other): We will advertise in newspapers, online presence, local television stations, word of mouth, and flyers Sponsor Category (please check) City u Nan- Proflt/CharitablT Private Co- Sponsor — Non- Prol'il/Private ❑ (If Nott profit attach proof of 501c(3), c(4), c(6), C(14), or, c(19) ot. (d) Event Location (Describe area boundaries of event /location): NE /SE 4th Ave at Atlantic Avenue. On SE 4th Avenue from NE 2nd Street to SE 2nd Street Site plan attached: yes X no (Site plait requh -ed for entire epent site. Include loentions of tents, stage, portalets, dunipsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no X (If yes, attach proof of approval) Rental of Old School Square Park: yes no X (If yes, attach proof of rental agreement with Parks & Recreation) Private Property Use: yes 110 X (If yes, attach letter giving authorization from property owner) Event budget Revenue & Expenses attached: yes X (Required for all epents) UAN%titidTtaESpMal Event RequaMpedal Event Perrnit Application REVISED FINALITY I 0- 11(3).doc iIC Previous year Revemic/Expense summary attached: yes X (Required for all events) Arts and Economic Impact Calculator attached: yes x lio, Obtained on line at Nvww,AmericansForTheArts.org (Required for all events except minor events and 5K Runs) Do you have cash sponsors for the event: yes no x (Indicated on budget) Do you have inkind sponsors for the event: yes X 110 (Indicated on budget) no. Page 3 of 5 Serving or selling alcoholic beverages: yes no X If yes, what entity is obtaining the Alcohol License permit? (If yes, coj)y of license and alcohol liability lusurance regrrlred two (2) Meeks prior to event) Event certificate of insurance attached: yes X no (Required two (2) weeks prior to event naming the City as additional 111sured, also mquired fa' vendors) Playing of amplified music; yes no X (1rYaivej reguh ed) Will there be entertainment: yes no X (If yes, attached list of performers and /or DJ's) If yes, sponsor agrees all entertailunent will be family oriented and contain no obscenities: yes no Requesting Police assistance: yes- -Y no (traffic conirolk curity) Will supplement with private security: yes X no (Ifyes, need plan attached) Requesting Emergency Medical assistance: yes 110 X Requesting barricade assistance: yes no X (If no, how are you Dandling ?) Requesting trash removal /clean up assistance: yes 110 X (1f no, how are you handling?) Requesting trash boxes /containers and liners: yes no X Requesting stage use: yes no X (lf yes, check type) Large stage (14' x 361) ❑ Sinall stage (16' x 21') ❑ Half squall stage (8' x 21') ❑ Uftw%ydatnlSpeciaf Rwnt RequutIOSpeciaf liven[ Pennit Application REVISED FINAL. FX10 -1 1(3),doc Page 4 of 5 ev�>o �&�m k% "i ��2- Requesting signage: yes x no� 'type: 4'x4'Lvent sign x Parking Signs -Banuer hanging Indicate dates required (I alver required if more than two (2) weekprior to event) Requesting City Portable Generator: yes no x (If yes, size & power) Food and beverage vendors: yes x If yes, approximate number 5 -6 applying for permit (Health Department approval required) yes applying now Other vendors: (Indicate type) yes no —µ_. llo no x Tents: yes x no If yes, How malty i o0 What size or size required 10'x10' (�f yes, tent permits alaifire inspections may be heeded) Will the event include amusement rides: yes no x (1f yes, type and location and copy of [lability insurancc requit -ed, also requires state license and inspection) Will the event be gated; yes 110 x (S %tole oil -site irrap) Will there be a charge for the event: yes 110 x (If yes, indicate ticket prices) $ Will there be fireworks or other pyrotechnics: yes no x (lf yes, contact Tire Mrushal to obtain and complete permit application) Will there be cooking with compressed gas: yes no x (If yes, contact .Dire Marshal for hispectlons) Will you be providingport -a -lets for time event; yes x no (If yes, locate on -site ihap. If no, indicate how you will handle restrooitt neerib) Is reserved parking requested: yes no (1f yes, indicate locations acid prn7me for use) U_ %w;daWSpecial Event R quesINSpecial Event Permit Application RPVISFD FINAL FYI 0 -1 1(3).doc Page 5 of 5 Event Permit Attachments: x Revenue /Expense Budget Revenue/Expense Recap Last Years Event X7—site Plan A Arts and Economic Impact Calendar Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof of Non -Profit States X General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Propcily Owner X Hold Harmless Agreement, notarized, Sil:bipittal bate Requirements: e Minor Event 45 days prior to event Intermediate went 90 days prior to event • Major Event 120 days pries• to event • Neigiiborliood Block Party 30 days prior to event Event Contractor /Coordinatov Please print: Howard Alan 7/23/13 Date Please enclose the appropriate non - refundable application fee payable to the City of Delray Beach, 100 N.W. 151 Avenue, Delray Beach, Florida 33444. Required with permit application. For Sluff Use Only � Date Received �% �/� Application fee received U:1N«vdaWSpecia1 Ewnl RequcsLXSpecial Event Pemil Application REVISER FINAL FYIO- 11(3).doc ME. 2nd Street N.E. 1st Street (open) S.E. 1st Street - Bypass Q) o Q -a -C U� d- xxxxxxxxx: S.E. 2nd Street ---- - -4 - -- - Represent booths - not actual amount or scale Delrav Lavoi it Howard Alan Events 14th Annual Downton Delray Thanksgiving Weekend Art Festival November 30 & December 1, 2013 PROPOSED BUDGET FOR November 2013 INCOME: Artist Revenue $59,850 Food Vendor Revenue $2300 Total Revenue $62150 EXPENSES: Advertising : Boca Raton News Expense $950.00 Palm Beach Post Expense $3,750.00 South Florida Newspaper Expense $720.00 Sun Sentinel Expense $82400.00 WPEC CHANNEL 12 Expense $7,650.00 Sun Sentinel Charities Ad Program Expense $1,500.00 NBC 8 Expense $3,500.00 Advertising SubTotal $26,370.00 Services Permit Palm Beach County Health Expense 1 $25.00 Si na e AA Sign Lines Expense $900.00 Sanitation Able Sanitation- ortolets Expense $515.00 Sanitation - 2 30 yd dum sters Southern Waste S st. - dum ster Expense $1,276.00 Sanitation Tents 4 Events Expense $2,100.00 Barricades Roadside Traffic Safety Expense $800.00 Security Delray Beach Police Department Expense $3,983.00 Rentals Tents 4 Events Expense $1,200.00 Gra hics for advertising Expense Expense $125.00 Payroll Staff Expense $1,450.00 RmUaW-;@ t,, i —to Downtown Development Association Expense $9,00 .00 Lodgings and meals, travel Ex ense $650.00 Media Related Expenses Expense $1,208.00 Two Million Dollar liability ins policy Expense $425.00 Administrative Overhead telephone, mailin s,etc Expense $1,100.00 Entertainment $2,750.00 Misc. expense $900.00 Service SubTotai $28,406.00 Total Expenses $64,776.00 Show Profit $7,374.00 Howard Alan Events 13th Annual Downton Delray Thanksgiving Weekend Art Festival November 24 & 25, 2012 PROPOSED BUDGET FOR November 2012 INCOME: Artist Revenue $59,950 Food Vendor Revenue $2 300 Total Revenue $62 ,260 EXPENSES: Advertisin : Boca Raton News Expense $950.00 Palm Beach Post Expense $3,750.00 South Florida Newspaper Expense $720.00 Sun Sentinel Expense $8,400.00 WPEC CHANNEL 12 Expense $7,560.00 Sun Sentinel Charities Ad Program Expense $1,000.00 NBC $ Expense $3,500.00 Advertising Sub-rotal $26,870.00 Services Permit Palm Beach County Health Expense $25.00 Si na e AA Sin Lines Expense $875.00 Sanitation Able Sanitation- ortolets Expense $515.00 Sanitation - 2 30 yd dum sters Southern Waste S st. - dum ster Expense 6.00 $1,276.00 Sanitation Tents 4 Events Expense $2,100.00 Barricades Roadside Traffic Safety Expense 1 $800.00 Security Delray Beach Police Department Expense $3,983.00 Rentals Tents 4 Events Expense $1,200.00 Graphics for advertising Expense Expense $125.00 Payroll Staff Expense $1,450.00 Iota Downtown Development Association Expense $9,000.00 Lodgings and meals, travel Expense $650.00 Media Related Expenses Expense $1,208.00 Two Million Dollar liability ins policy Expense $425.00 Administrative Overhead telephone, mailin s,ete Expense $1,100,00 Entertainment $2,760.00 Misc. expense $900.00 Service SubTotal $28,381.00 Total Expenses $54,251.00 Show Profit $7,999.00 Arts & Economic Prosperity IV: Calculator l ittp :lfiN,ww.americatnsfortheaits .orgli iifortnation_ services /resear... POPULATION of your community: 50,000 to 99,999 Your Organization's TOTAL_ EXPENSES (please do not use commas): $ 54251 TOTAL ATTENDANCE to your organization's arts events (again, do not use 40000 commas): CALCULATE Reset Total The total dollars spent by your nonprofit arts and culture organization and its audiences; ENWnditures: event - related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in similarly populated communities. I of 2 7123/13 11:16 AM Total Expenditure. FTE Jabs Household Income Local Government Revenue State Government Revenue tVonproftArts and Culture $54,251 �21 $45,642 $1,893 2,2291 Organizations: Nonprofit Arts and Culture F$812,4 00 22.5 $490,454 $42,578 $46,120 Audiences: Total Industry Impact: $866,651 24.5 1 $536,096 1 1 $44,471 1 $48,349 (The Sum of Organizations and Audiences) (^ Print Your Results Please see the Ft1,7 uFS: below. Total The total dollars spent by your nonprofit arts and culture organization and its audiences; ENWnditures: event - related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in similarly populated communities. I of 2 7123/13 11:16 AM WHEREAS, Sickle Cell Disease is a major health concern, affecting millions in America and throughout the world, costing hundreds of millions of dollars in hospitalizations and productivity in the United States alone; and WHEREAS, Eva Williams Mack founded the Sickle Cell Foundation in 1976 as a non - profit organization to improve the quality of life for those persons affected by Sickle Cell Disease or Trait and members of their families, as well as to educate the public about this serious blood disorder; and WHEREAS, Sickle Cell Foundation of Palm Beach County & Treasure Coast, Inc., is a family- oriented, nonprofit organization dedicated to helping all people affected by Sickle Cell Disease /Trait, an extremely serious health problem, through the provision of services including medical /healthcare referrals, counseling on methods of disease control and pain management, educational support for the general public; and support group activities for affected persons and families; and WHEREAS, Sickle Cell Foundation of Palm Beach County and Treasure Coast, Inc. received its incorporation status on March 4, 1980; and WHEREAS, Sickle Cell Foundation of Palm Beach County and Treasure Coast, Inc. works in partnership with the City of Delray Beach and provides services to improve the quality of life of those persons living with Sickle Cell Disease /Trait and members of their families. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the month of September, 2013 as: NATIONAL SICKLE CELL AWARENESS MONTH and urge all residents in the City of Delray Beach to increase their awareness and understanding of this disease and to know their Sickle Cell status. 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 3rd day of September, 2013. CARY D. GLICKSTEIN MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, LEED GA, Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: August 29, 2013 SUBJECT: AGENDA ITEM 8.W. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 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 August 19, 2013 through August 30, 2013. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: The item must be raised by a Commission member. • By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Planning and Zoning Board Meeting of August 19, 2013 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action. A. Recommended approval (6 to 1, Connor Lynch dissenting) of a conditional use request to allow an increase in density in excess of 30 units per acre (63 units per acre proposed) for The Strand, located on the north and south sides of SE 1St Street, along the west side of SE 3rd Avenue. The development proposal involves the construction of 198 residential apartment units on two parcels; the north parcel will accommodate 43 residential units within a four -story structure and the south parcel will accommodate 155 residential apartment units within a five -story structure. Concurrently, the Board recommended approval of a waiver to LDR Section 4.7.9(i), to allow the increase in the percentage of one - bedroom units (including efficiencies) from the maximum allowed 30% to up to 51 %. B. Recommended approval (6 to 1, Clifford Durden dissenting), of a City- initiated amendment to the Land Development Regulations (LDR), by amending Section 2.2.4, "The Board of Adjustment ", Subsection B, "Composition ", to modify the Board member requirements. C. Recommended approval (4 to 3, Dr. Craig Spodak, Thuy Shutt and Connor Lynch dissenting), of a City- initiated amendment to the Land Development Regulations (LDR), by amending Section 2.2.2, "The Planning and Zoning Board ", Subsection C, "Composition ", to modify the Board member requirements. D. Recommended approval (7 to 0), of a City- initiated amendment to the Land Development Regulations (LDR), by amending Section 8.1.1, "Community Redevelopment Agency ", Subsection B, "Members" to provide that the appointments for Chair and Vice -Chair occur on an annual basis. Site Plan Review and Appearance Board Meeting of f August 28, 2013 1. Approved with conditions (6 to 0, Jose Aguila absent), a request for a blanket sign program for SIW Windows and Doors at Delray Commercial Centre, located at the northeast corner of South Congress Avenue and SW 10th Street (955 South Congress Avenue). 2. Approved with conditions (6 to 0), a Class I site plan modification associated with architectural elevation changes for Wendy's, located on the south side of Linton Boulevard, between the FEC Railroad and SW 4th Avenue (260 Linton Boulevard). 3. Approved with conditions (5 to 1, Alice Finst dissenting), a Class I site plan modification associated with the installation of awnings for It'Sugar, located on the south side of East Atlantic Avenue, east of SE 2nd Avenue (250 East Atlantic Avenue). 4. Approved with conditions (5 to 0, Rustem Kupi stepped down), a Class II site plan modification and landscape plan associated with the installation of a chain link fence and acoustifence noise barrier affixed to the chain link fence and landscaping for Boston's Restaurant and Sand Bar, located on the west side of South Ocean Boulevard, south of East Atlantic Avenue (40 South Ocean Boulevard). 5. Approved (6 to 0), a request for a color change for Pineapple Promenade, located at the northeast corner of Pineapple Grove Way (NE 2nd Avenue) and NE 3rd Street (301 -313 NE 2nd Avenue). 6. Approved with conditions (6 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with the conversion of use from a nightclub "Ugly Mug" to a dental office for Atlantic Dental Care, located at the northwest corner of Military Trail and West Atlantic Avenue (5065 West Atlantic Avenue). 7. Approved with conditions (6 to 0), a Class IV site plan modification, landscape plan and architectural elevation plan associated with replacement of an existing 2,240 sq. ft. body shop building with a new 2,180 sq. ft. office building and reconfiguration of the parking lot in the southeast corner of the site for Ed Morse Cadillac, located on the west side of South Federal Highway, south of Linton Boulevard (2238 South Federal Highway). RECOMMENDATION By motion. receive and file this rebort. Attachment: Location Map • CITY COMMISSION MEETING - _ _ _ CITYLIMITS . _ _ _ N APPEALABLE ITEMS � ONE MILE LOCATION MAP PLANNING AND ZONING GRAPHIC SCALE DEPARTMENT SEPTEMBER 3, 2013 SPRAB: 1. S1W WINDOWS & DOORS 4. BOSTON'S RESTAURANT SANDBAR 7. ED MORSE CADILLAC 2. WENDY'S 5. PINEAPPLE PROMENADE 3. IT'SUGAR 6. ATLANTIC DENTAL CARE -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \CC— DDC \9 -3 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz Construction Manager Victor Majtenyi Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: August 26, 2013 SUBJECT: AGENDA ITEM 8.X.1 - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 BID AWARDALL PHASE ROOFING & CONSTRUCTION, INC. ITEM BEFORE COMMISSION This item is before the Commission to consider approval of a bid award to All Phase Roofing and Construction, Inc., in the total amount of $249,210.00 for the Beach Master Plan Gazebo. BACKGROUND This activity entails the demolition and replacement of the beach pavilion located just south of Atlantic Avenue on Ocean Boulevard. New amenities include a larger gazebo structure, ADA compliant access ramp for the pavilion, brick paver walkways, sea turtle compliant lighting and the mitigation of ancillary structures across the site. Bids for this project were opened on Thursday, August 22, 2013; four bids were received. The apparent low bidder was All Phase Roofing and Construction, Inc. with a bid amount of $249,210. During the bid package evaluation process, a scrivener's error was detected on the proposal page; specifically item number 12 (as built record drawings). All Phase hand wrote $250.00 dollars in lieu of $2,500.00 dollars for this unit price item; however, their bid tabulation total reflects the correct amount and recommended contract award total of $249,210.00. As a point of reference, the dollar amount for line item 12 is consistent with the value submitted by the three other bidders. Overall, background reference and qualification checks were positive; All Phase Construction submitted a complete bid package that meets the criteria set forth in the bid documents and is the most responsive bid. Upon approval, construction activities would start in late October with a completion goal of February 2014. FUNDING SOURCE Funding is available from 117 - 4170 -572 -68.83 Recreation Impact Fee/ Parks and Recreation Beach Pavilion. RECOMMENDATION Staff recommends approval of a bid award to All Phase Roofing and Construction, Inc., in the total amount of $249,210.00 for modifications to Beach Master Plan Gazebo project. T Cl N a ai N cc P N � o E O H � � E3! C � d 0 0 0 m ° W > LO 0 Q c� s o Z o W J Ch W U Cl) a` E W +' �+ Q p- w w w w w v ©Z N = m N L 0 N a o m UD :3 o O 3 m a 6 � c o 0 0 0 o r� a= ° r r- r_ V m CV � N O �r C CM _ 01 Q? � O r 1A m O o d Z U ? O v r a z z ~ Eli U E N fi v7 U H m2 m ~ OL Z U� VJ � LLI U M a. Z H a. U) 2 =O Y J 2 -10 U F; E M m Q 2❑ MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Director of Environmental Services THROUGH: Louie Chapman, Jr., City Manager DATE: August 9, 2013 SUBJECT: AGENDA ITEM 8.X.2 - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 CONTRACT AWARD /LAYNE INLINER, LLC ITEM BEFORE COMMISSION Request to approve an award to Layne Inliner, LLC in the amount of $45,475.00 for rehabilitation of sanitary sewer main segments as part of the annual Sanitary Sewer Main Rehabilitation program. The prices, terms, and conditions are based on an active contract with the City of Orlando, Florida (13109- 2570) for Sewer Line Rehabilitation, Cleaning & Video Recording services. BACKGROUND The Public Utilities Department requests annual funding for the annual Sanitary Sewer Main Rehabilitation program. The following sanitary sewer mains have been identified for rehabilitation: the segments along Greensward Lane and Pine Lake Drive in the Hamlet subdivision, NE 6th Street between NE 7th Street and George Bush Blvd, and on Camino Road in the Lago Del Rey subdivision (Location Map attached). Videotaping these line segments revealed clay pipe material with separating joints and cracks at numerous locations, allowing infiltration of surrounding material. The cost for this rehabilitation is in the amount of $45,475.00. Pricing is based on Layne Inliner, LLC's active cooperative agreement with the City of Orlando, Florida; the contract is active through November 15, 2013. The scope of work includes by -pass pumping, associated maintenance of traffic, and lining approximately 1,220 linear feet of pipe. Upon award, Layne Inliner, LLC will execute the "Standard Form of Agreement Between the City and Contractor ". FUNDING SOURCE Funding is available from account #442 - 5178 -536- 63.51, Water and Sewer Renewal & Replacement Fund/ Sewer Mains. RECOMMENDATION Staff recommends an award to Layne Inliner, LLC in the amount of $45,475.00 for Sanitary Sewer Main Rehabilitation FY 2013. O♦ MiL�NbpFrp Crry OF ORLANDO August 20, 2012 Mark Harris, Vice President Layne Inliner, LLC f /k/a Reynolds Inliner, LLC 2531 Jewett Lane Sanford, FL 32771 SUBJECT: Extension of Term Contract for Sewer Line Rehabilitation Cleaning & Video Recording, BI09 -2570, Amendment # 4 Dear Mr. Harris: The subject Contract will expire on November 15, 2012. In accordance with the tenns and conditions of subject Contract, the Contract may, by mutual assent of the parties, be extended for an additional twelve (12) month period. The City would like to exercise the right for the extension of this Contract for an additional year effective November 16, 2012, at the existing pricing, terms and conditions. Please indicate your approval of this offer by having an officer of your firm execute the acceptance portion below and return the original of this letter to me at the address noted below by September 15, 2012. Upon execution below by your fine's authorized representative, this Contract will be your official notice that the Contract has been extended for one (1) year and no additional documentation will be required. Thank you for your immediate attention to this matter, Sincerely, Teddi McCorkle, C.P.M., CPPB Senior Contract Administrator 'ANCE TMC /df By. � Of Icl gn a Iature �/C k 4l-s V, P Title Date PURCHASING AND MATERIALS MANAGEMENT DIVISION CITY HALL • 400 SOUTH ORANGE AVENUE - P.O. 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"va'a.: wu CA. i - FY IVi:, oREax�� F: OF ORLANDO cam; EIEP��c September 1 1 Reynolds Inliner, LLC 2601 W. Lake Mary Blvd. Lake Mary, Florida 32746 Attn: Mr. Harris, VP SUBJECT: Extension #1 SEWER LINE REHABILITATION CLEANING & VIDEO RECORDING BI09 -2570 Dear Mr. Harris: The subject Agreement will expire on November 15 2010. In accordance with the terms and conditions of subject Agreement, the Agreement may, by mutual assent of the parties, be extended for an additional twelve (12) month period. The City would like to exercise the right for the extension of this Agreement for an additional year effective Nove_mber 16, 2010, at the existing pricing, terms and conditions. Please indicate your approval of this offer by having an officer of your firm execute the acceptance portion of this letter below, fax this letter to my attention and return the original to Bernadette Hitchins at the address noted below by September 29, 2010. Upon execution below by your firm's authorized representative, this Amendment will be your official notice that the contract has been extended for one (1) year and no additional documentation will be required. Please be sure to include with your response a copy of your Insurance Certificates as required in the original solicitation (see attached). Thank you for your immediate attention to this matter. Sincerely, `� 2= AUdEPTANCE ..J2 1 �... . Rhonda Scott, C.P.M., CPPO, FCCN By: Director of Purchasing & Materials Management / dffigiaf Signature RS/bh/cr f Mar k P10"rrES , v r.J,, -. Title Date PURCHASING AND MATERIALS MANAGEMENT DIVISION CITY HALL • 400 SOUTH ORANGE AVENUE • P.O. BOX 4990 - ORLANDO, FLORIDA 32802 -4990 PHONE (407) 246 -2291 • FAX (407) 246 -2869 • http: / /www.cityoforlando.net Annual Agreement for Sewer Line Rehabilitation, Bi09_2570 Cleaning, and Video Recording ANNUAL AGREEMENT FOR SEWER LINE REHABILITATION CLEANING AND VIDEO RECORDING THIS AGREEMENT ( "Agreement"), effective as of the 16th day of November, 2009, is made by and between the City of Orlando, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as the "City" and Reynolds Inliner, LLC., hereinafter referred to as the "Contraetor ". For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the panics, the parties agree as follows: I. SCOPE The Contractor is to perform the Work as defined in the Invitation to Bid and amendments, if any, the Invitation to Bid and any amendments thereto being attached hereto as Exhibit "A ", incorporated by reference herein and made a part hereof as fully as if herein set forth. Unless otherwise specified herein, the Contractor is to furnish all materials, tools, equipment, manpower, and consurriables to complete the Work. II. TERM OF AGREEMENT The period of this Agreement shall be for twelve (12) months,. beginning on November 16, 2009 and ending on November 15, 2010. This Agreement may, by mutual written assent of [he parties, be extended for four (4) additional twelve (12) month periods or portions thereof, up to' a cumulative total of sixty (60) months. III. COMPENSATION The Contractor agrees to provide the serviees, equipment and materials as specified in its bid to the City at the unit prices specified in said bid- and amendments, if any, the bid and any amendments thereto being attached hereto as Exhibit. "B ", incorporated by reference herein and made a part hereof as fully as if herein set forth. This Agreement is an indefinite quantity agreement with expenditures based upon actual quantities ordered at the unit bid prices. The amount as specified in Exhibit "B ", may be increased or decreased by the City under-the Extra Work provision of this Agrcx ment, through the issuance of an Addcndum, if applicable. .Any prices specified in this Agreement or Addcndum thereto, will remain firm for the tenn of this Agreement or Addendum. IV. PAYMENT All invoices received by the City are payable within thirty (30) days from receipt, provided they have first been approved by the using department, and such department has accepted the Work. The City reserves the right, with justification, to partially pay any invoice submitted by the Contractor when requested to do so by.the using department. Purchasing and Materials Management Division Page: 1 Annual Arcenimt for Sewer Linc Rehabilitation, B109 -2570 : Leaning, and Video Recording All invoices shall be directed to the Accounts Payable Section, City of Orlando, P.O. Box 4990, Orlando, Florida, 32802 -4990. NOTE: ALL INVOICES MUST CLEARLY INDICATE THE CITY AGREEMENT NUMBER AS STATED HEREIN. V. FISCAL YEAR FUNDING APPROPRIATION A_ Specified Period Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interest of the City, provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period at the time of contract. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation by City Council of funds therefor. B. Cancellation Due to Unavailability of Funds in Sueceedin Fiscal Periods When finds arc not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be canceled and the contractor shall be entitled to reimbursement -for the reasonable value of any nonrecurring cost incurred but not advertised in the price of the supplies or services delivered under the contract or othenvise recoverable. VI. GENERAL CONDFOONS A. Patents and Copyrights The Contractor shall pay all royaltics and assume all costs arising from the use of any invention, design, process, materials, equipment, product or device in performance of the Work, which is the subject of patent rights or copyrights. Contractor shall, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim, whether rightful or otherwise, that the Work, or any part thereof, furnished under this Agreement, constitutes an infringement of any patent or copyright of the United States. The Contractor shall pay all damages and costs awarded against the City. B. Termination for Default 1. The perfoormanee of Work under this Agreement maybe terminated by the Director of Purchasing, in whale or in part, in writin&.whenever the Director of Purchasing shall determine that the Contractor has failed to meet the performance requirements of this ; Agreement. Purchasing and Materials Management Division Page: 2 , Annual Agreement for ss ver LinCRehabilitation, 3109 -2570 Cleaning, and Video Recording 2. The Director of Purchasing has a right to terminate for default if the Contractor fails to make delivery of the supplies or perform the Work, or if the Contractor fails to perform the Work within the time speeifed in the Agreement, or if the Contractor fails to perform any other provisions of the Agreement. 3. Failure of a Contractor to deliver or perform the required Work within the time specified, or within a reasonable time as determined by the Director of Purchasing or failure to make replacements of rejected articles or Work when so requested, immediately or as directed by the Director of Purchasing, shall constitute authority for the Director of Purchasing to purchase in the open market articles or Work of comparable grade to replace the articles or Work rejected, not delivered, nor. completed. On all such purchases, the Contractor or his surety, shall reimburse the City, within a reasonable time specified by the Director of Purchasing, for any expense incurred in excess of the Agreement prices_ 4. Such purchases shall be deducted from Agreement quantities. Should public necessity demand it, the City reserves the right to utilize services or use and/or consume articles delivered which are substandard in quality, subject to an adjustment in price to be determined by the Director of Purchasing. The Contractor shall not be liable for any excess costs if acceptable evidence has been submitted to the Director of Purchasing that failure to perform the Work was due to causes beyond the control and 1.0thout the fault or negligence of the Contractor. C. Terrrrination for Convenience The Director of Purchasing may terminate the Agreement for convenience with advance written notice to the Contractor. In the event of such a termination by the City, the City shall be liable for the payment of all Work properly performed prior to the effective date of termination and for all portions of materials, supplies, senices, and facility orders which cannot be cancelled and were placed prior to the effective date of termination and Other reasonable costs associated with the termination D. NVarrantv The Contractor warran[s that the work including equipment and materials provided shall conform to professional standards of care and practice in effect at the time the Work is performed, be of the highest quality, and be free-from all faults, defects or errors. Whenever required by the specifications of the Invitation to Bid, the Contractor warrants that all Purchasing and Materials ManagementDivisiun Page: 3 Annual Agreement for Sewer Line Rehabilitation, 13109_2570 Cleaning, and Video Recording equipment and materials provided shall be new. If the Contractor is notified in writing of a fault, deficiency or error in the Work provided within. one (1) year from completion of the Work, the Contractor shall, at the City's option, either reperform such portions of thc' Work to correct sueh fault, defect or error, at no additional eost to the City, or refund to the City, the charge paid by tlic City, which is attributable to such portions of the faulty, defective or erroneous Work, including the costs for reperformance of the work provided by other Contractors. E. Time of Completion The parties understand and agree that time is of the essence in the performance of this Agreement. The Contractor or City, respectively, shall not be liable for any loss or damage, resulting from any delay or failure to perform its contractual obligations within the time specified, due to acts of God, actions or regulations by any governtncntal entity or representative, strikes or other labor trouble, fire, embargoes, or other transportation delays, damage to or destruction in whale or in part, of equipment or manufacturing plant, Iack of or ability to obtain rate materials, labor, .fuel or supplies for any reason including default of suppliers, or any other causes, contingencies or circumstances not subject to the Contractor's or City's control, respectively, whether of a similar or dissimilar nature, which prevent or hinder the performance of the Contractor's or City's contractual obligations, respectively. Any such causes of delay, even though existing on the date of die Agreement or on the date of the start of Work, shall extend the time of the Contractor's or City's performance respectively, by the length of the delays occasioned thereby, including delays reasonably incident-to the resumption of normad Work schedules_ However, under such circumstances as described herein, the City Director of Purchasing may at his discretion, cancel this Agreement for the convcnicnce of the City. F. lndemniGcation and Insurance: Indemnity The Contractor hereby agrees to indemnify and hold harmless the City, its officers, agents, and employees, from and against any and all liability, claims, damages, demands, expenses, fees, fines, penalties, suits, proceedings, actions, and cost of actions, including attorneys' fees for trial and on appeal, and for the preparation of same arising out of the Contractor's, its officers', agents', and employees' acts, or omissions associated with this Agyrcemcnt. Purchasing and Materials Management Division Page: 4 Amuat Agreement for Sewer Line Rehabilitation, BI09 -2570 Cleaning, and Video Recording 2. Insurance The Contractor, at its own expense, shall keep in force and at all times maintain during the term of this Agreement: (a_) Commercial General Liability Insurance: Commercial General Liability Insurance, issued by responsible insurance companies and in a form acceptable to the City, protecting and insuring against all the foregoing with coverage limits of not less than Five - Hundred Thousand Dollars ($500,000) per occurrence for Bodily Injury and Property Damage. (b.) Automobile Liability Insurance: Automobile Liability coverage shall be in the minimum amount of Three - Hundred Thousand Dollars ($300,000) per occurrence combined single limits for Bodily Injury and Property Damage. {e_) Workers' Compensation Coverage Full and complete Workers' Compensation Coverage, as required by State of Florida law, shall be provided. (d.) Insurance Certificates: The Contractor shall provide the City with Ccrtificate(s) of insurance on all the policies of insurance and renewals thereof in a forms) acceptable to the City. Said Commercial General Liability policy shall provide that the City be an additional insured. The City shall be notified in writing of any reduction, cancellation or substantial change of policy or policies at least thirty (30) days prior to the cffective date of said action. All insurance policies shall be issued by responsible companies who are acceptable to the City and licensed and authorized to do business under the laws of the State of Florida. G. Aeeeptance The City will be deemed to have accepted the Work after the Director of Purchasing is notified by the using Department of its satisfaction that the Work is completed. The Work cruder this Agreement shall remain the property of the Contractor until the City accepts it. In the event the Work furnished under this Agreement is found to be defective or does not conform to the specifications, the City reserves the right to cancel the Agreement upon written notice to the Contractor. Purchasing and Materials Management Division, page: 5 Annual Agreement for Sewer Line Rch2bi litation, Cleaning, and Video Recording DT09 -2570 H. Correction of Work The Contractor shall promptly correct all Work rejeeted by the City as faulty, defective, or failing to conform to this Agreement whether observed before or after substantial completion of the Work, and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejeeted Work. I. Rioht to Audit Records The City shall be entitled to audit the books and records of the Contractor or any subcontractor to the extent that such books and records relate to the performance of this Agreement or any sub - contract to this Agreement. Such books and records shalt be maintained by the Contractor for a period of three (3) years from the date of final payment under this Agreement and by the sub- contraetor for a period of three (3) years from the date of final payment under the sub - contract unless a shorter period is otherwise authorized in writing. J. Tune is of the Essence The parties agree that time is of the essence in the completion of the Work called for under this Al re=ent. 'Me Contractor agrees that all Work shall be executed regularly, diligently, and uninterrupted at such a rate of progress as will ensure full completion thereof within the time specified. K. Information All infornation, data, designs, plans, drawings, and specifications furnished to or developed for the City by the Contractor or its employees, Pursuant to this Agreement, shall be the sole property of the City and all rights therein are reserved by the City, except that the Contractor may diselose any such information to its corporate affiliates and their agents. L. Safety Measures The Contractor shall take all necessary precautions for the safety of the City's and Contractor's employees and the general public and shhall erect and properly maintain at all times all necessary vchieular and facility safeguards for the protection of the Workmen and public. - If necessary, the Contractor shall post signs warning against hazards in and around the Work site. M. Extra Work The City, without invalidating this Agreement, may order changes in the Work within the general scope of this Agreement consisting of additions, deletions, or other revisions, the Purchasing and Materials Mauagennent Division Page: 6 Annual Agreement for Sewer Line Rehabilitation, B109 -2570 Cleaning, and Video Recording Agreement price and time being adjusted. accordingly. All such changes in the Work shall be authorized by a written Addendum to this Agreement, and shall be executed under the applicable conditions of the Agreement, if the Contractor plans to make a claim for an increase in the Agreement price or an extension in the Agreement Schedule/Term, he shall first give the City written notice within ten (10) calendar days after the occurrence of the event giving rise to such a claim. This written notice shall be given by the Contractor to the City, and a written approval secured from the using Department and the Director of Purchasing, before proceeding to execute the Work, except in an emergency endangering He or property, in which ease the Contractor shall immediately proceed. No claim for extra work will be considered valid by the City unless first submitted in writing. N. Familiarity With The Work The Contractor by executing this Agreement, acknowledges full understanding of the extent and character of the Work required and the conditions surrounding the performance thereof. The City will not be responsible for any alleged misunderstanding of the Work to be furnished or completed, or any misunderstanding of conditions surrounding the performance thereof. It is understood that the execution of this Agreement by the Contractor serves as his stated commitment to fulfill all the conditions referred to in this Agreement. D. Title and Risk of Loss The title and risk of loss to the Work shall pass from the Contractor to the City upon the City's final acceptance of the Work. V11. MISCELLANEOUS PROVISIONS A. The Contractor shall not employ subcontractors without the advance written permission of the Director of Purchasing, B. Assignment of this Agreement shall not be made without the advance written consent of the Director of Purchasing. C. The Contractor shall comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to the performance of Work under this Agreement. D. No waiver, alterations, consent or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by the Director of Purchasing or his designee. E, The Contractor is to procure all permits, licenses, and certificates, or any such approvals of plans or specifications as may be required by federal, state and local laws, ordinanccs, rules, and regulations, for the proper execution and compIction of the Work under this Agreement. Purchasing and Materials Management Division Page: 7 Annual Agreement for Saver Line Rehabilitation, B169 -2570 Cimning, and Video Rcuording F. The Contractor shall at all times, keep the Work area free from accumulation of waste materials or rubbish caused by his operations, and promptly remove any such materials to an approved disposal location. G. All disputes between the parties shall be resolved in aeeordance with the City Purchasing Code, (Chapter 7 of the City Code)_ H. The Contractor is responsible for all damage or loss by fire, theft or otherwise, to materials, tools, equipment, and consiimables, Iefi on City property by the Contractor. I This Agreement is considered a non - exclusive Agreement between the parties. .f. This Agreement is deemed to be under and shall be governed by, and construed according to, the laws of the State of Florida. K. Any litigation arising out of this Agreement shall be had in the Courts of Orange County, Florida. L. The undersigned hereby certifies that this Agreement is made without prior understanding, agreement or connection with any corporation, firm or person who submitted bids for the Work covered by this Agreement and is in all respects fair and without collusion or fraud. As to Contractor, the undersigned hereby warrants and certifies that they are is authorized to enter into this Agreement and to execute same on behalf of the Contractor'as the act of the said Contractor. M. This Agrccrneni, including any Exhibits hereto, contains all the terms and conditions atrecd upon by the parties_ No other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either party hereto_ N. The City's Director of Purchasing or his written designee shall have authority to act on behalf of the City in matters related to this Agreement, including but not limited to the sending and receiving of any notices required hereunder. Purchasing and Materials Management Division Pagc: 8 Annual Agreement for Sewer Line Rehabilitation, Cleaning, and Video Recording $109 -2570 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date first written above. PURCHASING AND MATERIALS MANAGEMENT DIVISION CITY OF ORLANDO, FLORIDA 'ay(!�z6ax;4-- 'A'04— Director of Purchasing Rhonda Scott, G.P.M., CPPp, FCCN Il A*ELN 1F --6 . Name, Typed or Printed Date_ �r��e� -� %(� , 2009 By: Signature Name & Title, Typej(or Printed Name of Company, Corp., etc. 2601 W. Lake Mary Blvd. Mailing Address Lakc M .FL 32746 City, Statc and Zip APPROVED AS TO FORM AND LEGALITY for the use and reliance of the 407- 260.9668 City of Orlando, Florida, only. Area Code/Telephone Number Date: 1l/��' , , s 2009 CORPORATE SEAL CITY ATTORNEY ORLANDO, FLORIDA Sworn to and subscribed before me this day of 2009 Sig re of Notary Nola ersori al iy Known Kai q POkSlatR o1 � Jana G 010=10 -OR- DP575172 Produced Identification ? _ __ -. ues StM010 Type. Purchasing and Materials Management Division Page_ 9 www_sunbiz.org - Department of State Horne Contact Us E -Frng Services Document Searches Previous on list Next on List Return To List No Events No name History Detail by Entity Name Foreign Limited Liabili ty Company REYNOLDS INLINER, LLC Filing Information Document Number M02000001646 FI_l1i_IN Number 010684682 Date Filed 06/2112002 State IN Status ACTIVE Principal Address 3520 N. ST RD 37 DRLi=ANS IN 47452 hanged 0411712007 Wailing Address 1900 SHAWNEE MISSION PKWY +FISSION KS 66205 'hanged 04/1712007 iegistered Agent Name & Address 'T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD 3LANTATION FL 33324 US Tana erlMember Detail Vame & Address f itle MGR 'ATRICK SCHMIDT iN CARE OF REYNOLDS, INC. 1520 N. ST RD 37 'RLEANS IN 47452 Title PO REYNOLDS, JEFFREY J 1520 NORTH STATE RD 37 7RLEANS IN 47452 Fitle V Forms Pagel of2 Help Entity Name Search Submit HARRIS, MARK 2601 WEST LAKE MARY BLVD., SUITE 129 http :f/,,vww .sunbiz.org/scripts/cordet.uhe ?action= DF,TFIL&inq_doe number= MO2000001646 &inq_came f.. 1015/2009 www.su- nbiz.org - Department of Statc Page 2 of 2 LAKE MARY FL 32746 Title Vi D FANSKA, .TERRY W 1900 SHAWNEE MISSION PKWY MISSION KS 66205 Title VS CROOKE, STEVEN F 1900 SHAWNEE MISSION PKWY MISSION KS 66205 Title AS MCGREGOR, STEPHANIE 2601 WEST LAKE MARY BLVD., SUITE 129 LAKE MARY FL 32746 Annual Re vrts Report Year Filed Date 2007 0511012007 2008 0511512008 2003 04/1712009 DncUment Images 04/1712009 —ANNUAL REPORT View image in PDF format 0511512008 -- ANNUAL REPORT View image in PDF format 05110/2007 ANNUAL REPORT View image in PDF formal 04117/2007 —ANNUAL REPORT View image in PDF format 0 Ill 612006 — ANNUAL REPORT View image in PDF format 01!7312005 — ANNUAL REPORT View image in PDF format 0112812004 — ANNUAL REPORT j View image in PDF format 0312012003 -- ANNUAL REPORT View image in PDF format 0612112002 -- Foreign Limited f view image in PDF Format f Mote: Ttlis is not official record. See documents if questiarS or conflict Previous on List Next on list Return To List Entity Name Search No Events No Name History Submit 1 Home I Cartlatl us I Dxomenc Searches I F -Filing Services I Forme I kelp I Copyright and Privacy Pel tics Copyright s. 2007 Stage of Florida, Dedarxme:nt or Statc. httg: llvvww .sunbiz.orglscriptsleordct. ease? action--DET FIL& inc _doc_numbcr-- M02000001646&,inc_ came f._, 10/512009 THE AMERICAN INSTITUTE OF ARCHITECTS Bond #105363039 AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that REYNOLDS INLINER, LLC 2601 W LAKE MARY BLVD. (Here insert full name and address or legal title of Contractor) LAKE MARY, FL 32746 -3567 as Principal, hereinafter called Contractor, and, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Here insert full name and address or legal title of Surety) Construction Services, Travelers Bond & Financial Products One Tower Square, Dartford, CT 06183 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF ORLANDO 400 S ORANGE AVENUE (Here insert full name and address or legal title of Owner) ORLANDO, FL 32801 as Obligee, hereinafter called Owner, in the amount of FOUR HUNDRED FIFTY THOUSAND AND 001100 Dollars ($ 450,000.00), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated November 16th, 2009, entered into a contract with Owner for (Here insert full name address and description of project) Annual Agreement for Sewer line Rehabilitation, Cleaning and Video Recording in accordance with Drawings and Specifications prepared by City of Orlando 400 S. Orange Avenue, Orlando, FL 32801 (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AIA O FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., NEW, WASHINGTON, D.C. 20006 ■ G co %J 11 L BOND NO.: 105363039 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract the Owner having performed Owner's obligations. thereunder, the surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price but not exceeding, including other costs and damage for which the Surety maybe liable hereunder, the amount of the contract price ", as used in this paragraph shall mean the toral amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators, or successors of the Owner. Signed and sealed this 16th day of November, 2009 REYNOLDSI Wt U_ aij�� R, LLC _�r Principal f K Mrrl§ Mitle) /V i Ca- TRAVELERS CASUALTYAND SURETY COMPANY OF AMERICA Surety Seat {Title) STEVEN M. GARRETT, Attorney -in -Fact AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AIAO FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS,' 1735 N. Y. AVE, N.W., WASHINGTON, k1sher- Brown; Inc. 144 Harrison Avenge Panama City, FL 32401 Seal TRAVELERS 'J POWER OF ATTORNEY Farmington Casualty Company St, Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America 5L Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company pp Attorney -In Fact No. 220048 Certificate No. 003052758 A• f KNOW ALL MEN BY TIMSE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that )~ide &ty and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Deborah A. Yates, Steven M. Garrett, William A. Kantlehner III, Thomas J. Mitchell, Jeffrey A. Brown, Diane L. Phelps,, 4 S. Annette Mullet, Roger A. Neal, and Linda Kapfhammer of the City of.., Louisville State of Ktatticky ,their true and lawful Attorne each in their separate capacity if more than one is ranted above, to sign execute, seal ys) -in -Fact and acknowledge any and all bonds, recognizances, conditional undertakings and other writing obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of parsons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. Not limited to a specific dollar amount. IN WPTNFSS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of May 2008 Farmington Casualty Company Fidelity and Guaranty insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 29th SL Paul Guardian Insurance Company SL Paul !Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company k arjjG,,'p�PiOUp'',F��`. $iJ. T ytAEk y - O` *Nr�69 aK`1NStIq ueJt�TY ANpq }'� ,4- p �e,98� y �i �9PgI14tiI1 e�h r�ONPCN� :y ¢`' oL � Y'NECt+•' 19!! Y.7G% �_'�„ F�caRPORgl4p mP 3�''"''�`� c Natrrroars FuRrFCagirs t �`,$F.Arili� 7 CONi1. n ty mWt $ H 78g6 -e � �i'pFNEW� �'��utE� ° S.AMZb�} ° }' • --'�aD 'ib aro �v'� qJ�L tPT State of Connecticut City of Hartford ss. By: Geo o Thompson, enior w- President On this the 29th day of May 20(18 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereo f, I hereunto set my hand and official seal. ek C My Commission expires the 30th day of June, 2011. Marie C. Tetreault. Notary Public 58440 -5 -07 Printed in U_S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITH04 iTTHF Ran tenant =Q RIDER TRAVELERS CASUALTY AND S.URETY COMPANY OF AMERICA Hartford, Connecticut 06183 To be attached to and form a part of Bond No. 905363039 Type of Bond: Contract Executed by Reynolds Iniiner, LLC, 2601 W. Lake Mary Blvd.., Lake Mary, FL 32746 as Principal, and by Travelers Casualty and Surety Company of America, as Surety, in favor of City of Orlando, X400 S. Orange Avenue, Orlando, FL 32801 and dated November 16t", 2009. In consideration of the premium charged for the attached bond, it is hereby agreed to change: ADDING the following verbiage relating to Florida Statutes 255.05 et. seq. This bond has been furnished to comply with the statutory requirements of Florida Statutes 255.05 et.seq. Any provision in this bond conflicting with or expanding . the protections available under Florida Statutes 255.05 et. seq. shall be deemed deleted herefrom and provisions conforming to such statutory or legal requirements shall be deemed incorporated herein by this reference. The intent is that this bond shall be construed as a statutory bond and not as a common law bond. This rider is effective November 16th, 2009. This rider is executed upon the express condition that the surety's liability under said bond shall not be cumulative and shall in no event exceed the amount specifically set forth in said bond or any existing certificate changing the amount of said bond. The referenced bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified. Signed this 16th day of November, 2009, Reynolds Iniiner, LLC By: ,� v rr a r ss Vi avelers Casualty and Surety Company of America Robert Corley Mclendon Fisher - Brown, Inc. 144 Harrison Avenue Panama. City, FL 32401 i3y: Steven . arre , ttorney -in -f=act *Rider Accepted By: City of Orlando By: CS -1049 (10105) (Obligee) TRAVELERS 47"6" POWER OF ATTORNEY Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St, Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 220048 Certificate No. 003052759 KNOW ALL MEN BY TIIESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws Of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the N laws of the State of-Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,'and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein - collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Deborah A. Yates, Steven M. Garrett, William A. Kantlehner III, Thomas J. Mitchell, Jeffrey A. Brown, Diane L. Phelps, S. Annette Mullet, Roger A. Neal, and Linda Kapfhammer i - of the City of State of , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and outer writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by Iaw. Not limited to a specific dollar amount. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of May 2009 Farmington Casualty Company Fidelity and Guaranty Insurance Company . Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 29th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company p23y '�rt"U� ll4 S�ETr� 06-- �$ISA% State of Connecticut City of Hartford ss. By. Georg Thompson, 'enior ece President On this the 29th day of May 2008 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by bimself as a duly authorized officer. effix M Witness Whereof, I hereunto set my hand and official seal. Qy Commission expires the 36th day of June, 2011. Marie C. Tetmault. Notary Public 58440 -5 -07 Printed in U.S.A_ WARNING: THIS POWER OF ATTORNEY IS tNVAI-ID WITHOUT THE REn Rnrrnr"a . . .� r rerai. ��vr •en l��ei.! 1 1 i V 1 L VII /" rX%.J n I l CV I 0 Bond #105363039 !f { {{{1 ALA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL. MEN BY THESE PRESENTS: that REYNOLDS INLINER, LLC 2501 W LAKE MARY BLVD. (Here insert full name and address or legal title of Contractor) .LAKE MARY, FL 32746 -3567 as Principal, hereinafter called Contractor, and, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Here insert full name and address or legal title of Surety) Construction Services, Travelers Bond & Financial Products One Tower Square, Hartford, CT 06183 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF ORLANDO 400 5 ORANGE AVENUE (Here insert full name and address or legal title of Owner) ORLANDO, FL 32801 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of FOUR HUNDRED FIFTY THOUSAND AND 00/100 Dollars ($ 450,000.00), (Here insert a sum equal to at least one -half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated November 16th, 2009 entered into a contract with Owner for (Here insert full name address and description of project) Annual Agreement for Sewer Line Rehabilitation, Cleaning and Video Recording in accordance with Drawings and Specifications prepared by City of Orlando, 400 S. Orange Avenue, Orlando, FL 32801 (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND ALA O FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVF4 N.W., WASHINGTON, D.C. 20006 "tL-0v 1'k "1 v F_ FX K Lm rH T IYI C IN I b V N V BOND NO.: 105363039 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant and have execution thereon. The Owner shall not be liable for payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other that one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within (90) day after such claimant did or performed the last of the work or labor, or furnished the las of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the Signed and sealed this 16TH day of November, 2009 ess) party to whom materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail; postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any state in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a Public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent for the jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the project or any part thereof is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanic's liens which may be filed of record against said improvements whether or not claim for the amount of such lien be presented under and against this bond. MZ r ess) borah A. Yates rl, is OF AMERICA (Seal) (Surety) (Seal) ---F le) v STEVEN M. GARRETT, AIADOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND ALA,, FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECT$, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. Frney- in -Fauct _ __1 . Robert Corley won fu�r°wn ' Inc. ison Avenue Panama City, FL 32401 TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St. Paul Gnardian Insurance Company Fidelity and Guaranty Insurance Company St Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company IE Attorney -In Fact No. 22004$ Certificate. No. 00305-2760 ' KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the Iaws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connetticut, that United States Fidelity and Guaranty Company is a corporation duly o banized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that I the Companies do hereby make, constitute and appoint Deborah A. Yates, Steven M. Garrett, William A. Kantlehner III, Thomas J. Mitchell, Jeffrey A. Brown, Diane L. Phelps, S. Annette Mullet, Roger A. Neal, and Linda Kapfharnmer rt of the City of State of ICpnh4rl �r their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the. Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. Not limited to a specific dollar amount. IN WITNESS WHEREOF. the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 29th day of May 2008 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company a N p OFNEW �c.cHCE °la 1 jr- ...w•�+s �yi . ��+p� • '�� ,� ATN� i State of Connecticut City of Hartford as. By: Goo a Thompson, nior ice President On this the 29th day of May 2008 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc_, Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. pauI Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•T� MmWitness Whereof, I hereunto set my hand and official seal. T*Aq Qr C MY Commission expires the 30th day of June, 2011. '°tJ9L1C� Marie C. Tcare=14 Notary Public 58440 -5 -07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED 13OMPR RIDER TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 To be attached to and form a part of Bond No. 105363039 Type of Bond: Contract Executed by Reynolds Inliner, LLC, 2601 W. Lake Mary Blvd., Lake Mary, FL 32746 as Principal, and by Travelers Casualty and Surety Company of America, as Surety, in favor of City of Orlando, 400 S. Orange Avenue, Orlando, FL 32801 and dated November 16 , 2009. In consideration of the premium charged for the attached bond, it is hereby agreed to change: ADDING the following verbiage relating to Florida Statutes 255.05 et. seq. This bond has been fumished to comply with the statutory requirements of Florida Statutes 255.05 et.seq. Any provision in this bond conflicting with or expanding the protections available under Florida Statutes 255.05 et. seq, shall be deemed deleted herefrom and provisions conforming to such statutory or legal requirements shall be deemed incorporated herein by this reference. The intent is that this bond shall be construed as a statutory bond and not as a common law bond- This rider is effective November 16'", 2009. This rider is executed upon the express condition that the surety's liability under said bond shall not be cumulative and shall in no event exceed the amount specifically set forth in said bond or any existing certificate changing the amount of, said bond. The referenced bond shall be subject to ail its agreements, limitations and conditions except as herein expressly modified. Signed this 16th day of November, 2009, Reynolds Inliner, LLC By: ::- velers Casualty and Sure Company of America Robert Corley McLendon Fisher -- Brown, Inc. 144 Harrison Avenue By. Panama City, FL 32401 Steven rre orney -in -Fact "Rider Accepted By: City of Orlando By: CS -1049 (10105) (Obligee) TRAVELERS') POWER OF ATTORNEY Farmington Casualty Company St Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company, Travelers Casualty and Surety Company of America St. Paul Fire and Marine insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 220048 certificate No. 003052761 KNOW ALL MEN BY THESE nyul . That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul and Marine insurance Company, PRESENTS- Fire , $F St Paul Guardian Insurance Company and St. Paul Mercury insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Deborah A. Yates, Steven M. Garrett, William A- Kantlehner III, Thomas J. Mitchell, Jeffrey A. Brown, Diane L. Phelps, S. Annette Mullet, Roger A. Neal, and Linda Kap#hammer of the City of State of , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizanccs, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proeLdings allowed by law. Not limited to a specific dollar amount. IN WITNESS WII MEOF, the Companies have caused this instrument to be signed'and their corporate seals to be hereto affixed, this day of May 2008 Farmington Casualty Company Fidelity and Guaranty insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Firer and Marine Insurance Company 24th St. Paul Guardian Insurance Company St- Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company p ry` C sr+eiy a `•E11 6 7P `�` *r ��49 a�y�v�N5�.4yy T A% y q19 -8Y2� o %�OAPORAtFD �7 �w," _ aiz°�+roa�, EQ. rt aA40gglE -.�i�? N- HARTFQ t 111R1FOf�4 '� � 1db f:OM cga7. e , t89S +R S � T 1 . Fl* • �� tt�� 4 State of Connecticut City of Hartford ss. BY= Georg Thompson, enior rce President On this the 29th day of May 2008 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, sL Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travellers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. t �.TET In Witness Whereof, I hereunto set my hand and official sea]. (,G C Marie C. Tetreaalt My Commission expires the 30th day of June, 2011. * G * d '° Notary Public 58440 -5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WtTHOUTTHF APn nnRnr =a DMTATION TO BID City of Orlando, Florida Purchasing & Materials. Management Division City 11all at One City Commons 400 South Orange Avenue P.O. Box 4994 Orlando, Florida 32802 -4990 (407) 246 -2291 Fax (407) 245 -2869 Website: http: /1www.cityofor1ando.net BUSDCM NAME & ADDRESS MAILDATE: August 12.2009 „ -- $I}7 NO: 13109 -2570 OPENING DATE: September 14 2009 ORIGINAL TIHS IS C'O'I` AN ORDER ANNUAL AGREEMENT FOR SEWER LIIE RV,HABLLffA'ITON CLEANING AND CEO RECORDING Bids will be opened and publicly read aloud at the Purchasing and Materials Management Division, City of Orlando, City Dail at One City Commons, 400 S. Orange Avenue, Fourth Floor, Orlando, Florida at 3.40 p.m., Local TYme, City of Orlando, Florida on the 14'k day of September, 2409. Bids must be SUBMITTED ON THE FORM FURNISHED BY THE CITY and in accordance with specifications and list of quantities desired. SEE ATTACHED SPECIFICATIONS & ETC. This completed farm must appear as the tap sheet for all bids submitted. Bid Bonds if required may he in the form ofa Bond, Cashier's Check or Certified Cheek. Amount of Bid Bond Amount of Cashier's Check Amount of Certified Check Total Amount of Bid or Base Bid All items Bid? $ N/A $ NIA S NIA Yes No It is the intent and purpose of the City of Orlando that this invitation to Bid promotes competitive bidding. It shall be the bidder's responsibility to advise the Purchasing and Materials Management Division at the address noted in the Special Conditions, if any language, requirements, etc. or any combination thereof, inadvertently restricts or limits the requirements stated in this Invitation to Bid to a single source. Such notification must be submitted in writing and must be received by the Purchasing and Materials Management Division not later than ten (ID) days prior to the bid closing date. FRX 4icf38-_1 Gasman Fm: Qrtvia. cost Inc 17:03 09/09/09 Pt; 001 Ai �n5 Selllclnher 9. 2009 -ILN10ItANXD1:NI TO: All Bidders FRUI1: C 01111ic ROVeV. C:PPB Purchasing' Agev III Purclltisitl= and Mmeti.iis Management Division S1tI3.II?t;'F: Annual A°_reemem lbr SON-cr I.iilr R llabiiitalion ClAmninL, and Video Reec)Wint, 're:tll;nliltal ol'Asldendum No One (1) 11109 -2570 This Addendum is being tSsucd to modl%' the specilic.ltiolls. ackhcN-s written tlucstiolls rccrivcd, tc ti.ale. mid ra anicnd Elie :abject solicitation aecordingl%% A. SPECIFICATIONS REVISIONS: Specifications far A lillti Ie Sciijecs On Storm Water Lines, C'ih- of 0011"de. Part 4 Appen[Iis. Section 4.1 Chemical Thickened 4ti-!jtenl .1Iiscillil h- Guidelines; Remove section 4.1 ill its C- Mirelti' un pages _36-317 of the solleitation. — B. M RI'1 TE1 I STIONS RECE'lVED; WRI'1TFN tiL1L-'STIONS FROM RINNOLDS INLINER. LI.C.: QUES -fIO ;l O. UNT•J Regarding page 6. Piro 4 Appendix 4.1 Chemical Thickened System: Restxcrfulty asked sn be removed. It is my 1ltuicrstandinn that Ellis tt•pe al' Resin is only supplied b�� ouc %company and is not in use toc tv. y A\SMER NO. ONT (T) : Please remove section 4.1 . as Hilted in Section A ofiliis Addendum. QUESTION \U. T1VU 21: It would be safe to say that no one nvilld meet the loo- {ft)(i (paao 28) 1._1 installed in Florida requirement. Replace wiih n proven lical,polvesterresin with a track record of over 100.000 LF 11151alled ill the State 1tiC!•lori&i. P1�RCl{,11E \(: _l,ti� � L•tiTk:1Z1_tiI.S \t.a \,1C;E�11:.Z I >!i1�TSI'.()� C UY 1}.ai_f. •400 SCII. I I I C1RXN;GL A- %7F\'i "F • 1'.IU. li('a\ :)�)fl • (�RLL \IJU, FLOR]U :l 32892-4990 PI1o,,\--L 407 -246 791 - FAX 407 - 246 -2869 •hip: �ti sttis.Cilt,�tt jr�arltii�.11<t f;l: Michael Cannon Fm:Oavia,com Inc Annust Agreement for Seiver Line Rebabi lira lion Ciraniug and Video Recording GiARIFIFD QV- ESTION N0. 111.0 (2): 17:03 09109/03 PG 002 1!109 -2370 Addendum Surrrher• time (1) Septomber. 9, 2009 It would be sale to ;ay that nu ottc W0111cl meet the 100-000 Qwi °e 28) LF installed iii 1'1ttS'itin recltliri•inetlt. l;tilizinzo Elie %Necked 1.5 ]!million cellripolscs resin. replace xviih a sialldtird proven neat polvesier resin veilh a track reconlofover 100.000 LF instilled in the Statu of 1'lnrkkk. ANSNATR NKO. TWO (2)- 'rile requested change iii the abotie elaiifie(i (%vhiih is stetually on 9 of the Solicitatirnt), i" acceptable. am,no -n \O. n-FREE (3): At the Pre -Biel meeting uvc were atlt itii it that .%ot,k urc e-no and complewd %turf - for 1,21)l comrac:t 13100 -21 i nvety available till the hl emet. We located the term ioEtw;m_ but livi work ordcrs and wark Completed clatter this contract. _\ rcviel► t)f this inft1l721la1iclll linulci :lllcitit for a lltvl-c post effective hill. Please advise- ANSWER NO. 'I'HR .I (3): Ar the lire. -bid ineeling, it i% as i idieated that a copy oI't11C current term contract is available Ior Viet iD2 (111 113C Pt NIMSiI12 website. n(lt work orders. Work ordersare, riot infliled. FINAL ('0NINIE I': OnIY i\'Simm gttestiom utv�x%Cred in urilittg by Loniml rlticicndum' Hill be binding. Oral and athel- interpretations or clariticailmi5- will be without Iqn l efiic:t_ Questions rel:ciWd Mihin 10 days of the Bid Opening date \till iicv by giveii ativ witsiderarioit. (Sce Section l3 tilt Pape 51 of the s{llicii;ttion pacUge.) !'leash ivnlcnib r that you are iti base your bid ou the oiiginal solicitation package plus ally (� :tte! ally 1til�sC�ltlCiit acitieltdtnll for +ciclClt([ay i�,ttetl_ The attache(! Signattwe Page must be compleied and retttmvLL with '•our bicl. 1lt other retil »ts. except as Specifically stale'[ above, the Subjecl Invitation _cl Bid rejullins unclumet:d. Anacllment Office of Purchasing and llatet'iak 1I.t11agelllellt Page: 2 To: Michaet Cannon FmAnvia.com Inc 17:04 09/09/09 PG 003 - r A niml Agreensimt For Sewer Liar Reha hilim lion S valflug wad iislro Recording SIGNATURE PAGE B109-2-5 70 Addeuduen Number0oe ilj Seplernher 9.2009 Bidder's arc asked in ackno%N WN receipt of this Addendum Number On ( E ) bzy WillphAina the illfollitation requesled belo%% iim atrbnmitling this iitloviltalion Nvitb their Bid- ]�aih►m lu Rio so �tt:ti�� st,L?jeci the Bidd.:r to discjunlilicatittin,. BY. ALL 0M FR SPRA1=ICATIONS ;1ND CONDITIONS RE2 ATN 1 NCi.i.A\'C;ER RT•ClAP1'OF THIS ADDENDUM 1S l-]ERFIff ACKNOW1.]:])(;ED NAME 01- lit S TN* E SIGN ATI'RE DATE E INA- M E 'w- TrFI.l :_ TY PE D Olt PR UN- I'L1) �.foUr• �. L -�/�,� �J y.�� 1�� . NIA I1.1 tiC*:D )l z1 5 /7 CITY- S "1':ATT:. ZIP C(-)I)F =10 0 � G A R E A C01)E AND FFf- F,PI1ON1 NL:'1.11 EIz ._.. M Office of Pu cliasing :end Materials -XIa nageluesat Page: Annual Agreement for Sewer Lane Rebabilitation INVrTATION TO BID # 13109 -2570 Cleaning and Video t3ecording BIDDER'S CER'TIFICATIC N I have carefully examined the Tnvitation to Bid, Instructions to Bidders. General and/or Special Conditions, Vendor's Notes, Specifications, proposed agreement and any other documents accompanying or made a part of this Invitation. I hereby propose to famish the goods or services specified in the Invitation at the prices or rates quoted in my bid. I agree that my bid will remain firm for a period of up to ninety (90) days in order to allow the City adequate time to evaluate the bids. I agree to abide by all conditions of this bid and understand that a background investigation may be conducted by the Orlando Police Department prior to award. I certify that all information contained in this bid is truthful to the best of my knowledge and belief, I further certify that I am duly authorized to submit this bid on behalf of the vendor /contractor as its act and deed and that the vendor / conmac(or is ready, willing and able to perform if awarded the bid. i further certify, under oath, that this bid is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a bid for the same product or service; no officer, employee or agent of the City of Orlando or of any other bidder is interested in said bid; and that the undersigned executed this Bidder's Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. Swam to and subscribed before me r� NAME & TITLE, TYPED OR PRINTED No tc State of MAILING ADDRESS /UR lF Dl FERENT ersonally Know YOUR PRINCIPLE PLACE OF BUSINESS �Y =E. rida 1 j] n. L -rll�9 jrl1 L .�7 o 172 � -OR- wr CITY, STATE, .ZlP CODE Produced identification TELEPHONE NUMBER Company Tax ID 9 �.2-- FAX NUMBER (The City only requires Company Tax ID numbers. The City is not requesting individual social security numbers.) 1C 11A161,SaAl ,tIOL�S�rVL�ilf�,[�. C4r�t E -MAIL ADDRESS Purchasing 2nd Materials Management DIViston Page: 8 . I Annual Agreement for Serer .Line Rehabilitation INVITATION TO BID # 8109 -2s7o Cleaning and Video Recording ADDENDUM PAGE The undersigned acknowledges receipt of the following addenda to the Documents (Give number and date of each)- Addendum No. Addendum No. Addendum No. Addendum No. Dated Dated Datcd Dated FAILURE TO SUBMIT ACKNOWLEDGMENT OF ANY ADDENDUM THAT A"EGI"S THE BID PRICES IS CONSIDERED A MAJOR IRREGULARITY AND WILL BE CAUSE FOR REJECTION OF THE BID. ZI-d Title Purchasing and Materials Management Division pgge: g Apuual Agreemcut for Sewer Line Rehabilitation INVITATION TO BIDS 8I09.2570 Cleanimg and Video Recording SERVICES REFERENCES Bidder small submit as a part of the Bid package, a minimum of three (3) of the most significant projects completed within the last three (3) years. Project #1• Project. Name: e T e of Project/Service: Q' Address: Contracting A enc : Contact Phone: Contract Amount: Date Completed: Project #2• Project Name: Type of Project(Service: Address: Contractin A enc : Contact Phone: Contract Amount: Date Completed- Project #f3• Rea Name: Type of Pro'cer/Service: Address: Contracting Agency: Contact Phone: Contract Amount: Date Completed.- Project #A: _ Project Name: Type o_ f. Project/Service: Address: i Contracting A enc : Contact Phone: Contract Amount: Date Completed: Project 95• Project Name: T eofPro'ect/Service: Address: Contractin A enc : Contact Phone: I.Contract Amount: Date Completed: Purchasing and MaterialsManagement Division Page: I0 Annual Agreement for Sewer Line Rehabilitation INVITATION To BID # BI0 -2570 cleaning and Video Rerording AMORTFYIVVOMMN OWNED BU SS E RPRISE PARTYCIPA'TION Chapter 57, Article II, Minority Business Enterprise (]VIBE), and Article III Women -Owned Business Enterprise (WBE) of the Orlando City Code, establishes goals of 18°,0 (MBE) and 6% (WBE), respectively, of the City's annual monetary value of contracts and subcontracts far supplies, services and construction to be awarded to Minority and Women-Owned Business Enterprises (NME). For further information regarding this program, please refer to Chapter 57 of the Code of the City of Orlando or contact: Minority Business Enterprise City Hall at One City Commons 400 South Orange Avenue - 51h Floor P.O. Box 4990 Orlando, Florida 32802 -4990 (407) 246 -2623 If your company is currently certified, please enter the certification number and the expiration date In spaces provided beIow or submit a copy of the certificate received from the City stating that your company is certified by the City as a Minority/Women -owned Business Enterprise: Business Name. ewoL� s Certification Number: Al 4L Expiration Date: There shall be no third party bencficiaries of the Minority Business . Enterprise or Women -Owned Business Enterprise provisions of this Contract. The City of Orlando shalt have the exclusive means of enforcement of the MBEfViBE Ordinance and contract terms. No right of action for non- signatories of the Agreement is intended or implied. The City of Orlando is the sole judge of compliance. All. solicitations and submittals awarded will be evaluated in accordance with Chapter 7 and Chapter 57, Articles II and ]II. In order for a bidder to receive credit for MBFJW13E certification, the firm must be certified with the City of Orlando MBEIWBE Officc on or before the date set for submittal of bids. Purchasing and Materials Management Division Page: 11 Anount Agreement for Sewer Live Rehabilitation 11MTATf0*t T TO BID # R109-2sn Cteanimg and Video Recording RECYC .,ED CONTENT INFORMATION REPORT In support of the Florida Waste Management: Law, bidders are encouraged to supply with their laid, any information available regarding recycled material eontent in the products bid. The City is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); the percentage of recycled material contained in the product and the cost and product performance impact of increasing the percentage of recycled content. The City also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose_ Product bid contains recycled content? Yes NQ. Is your product packaged and/or shipped in material containing recycled content? Yes No< Is your product recyclable after it has reached its intended end use? Yes No. Purchasing and Mstesiats Management Division Page; 12 Annual Agreement far Sewer Line Rebabilitatien 33YVITAI`YDI'i T[3 SID # BYl}9 -757p Cleaning and Video Recording WRP.i' W QXSTIONS O Any questions relative to interpretation of specifications or the bid process must be addressed in writing. Questions may be submitted using this form, email, or letter, but no verbal inquiries, if received within ten (10) days of the date set for the opening of bids, will be given any consideration. ,submit questions to the Purchasing Agent as identified in this Invitation to Bid, Only written answers and clarifications in the form of a written Addendum to the solicitation will be binding. Dral answers will no-t bs. autboritative. SOUMATSON NUMBER: DATE SUBBED: SOLTUTATION Try: COWL ANY KAM ; ADDRESS: CITY: STATE: �►; CONTACT NAME: . PHONE: 2. 3. 4. 5. -.�. i'u rchasina and Materials Maaagemeat Divide; Page: 13 Annual Agreement ror Sewer Line Rehabilitation INVITATION TO SID # B109-2570 Cleaning and Video Recording INVITATION TO BID You are invited to Bid on the following: Annual Agreement for Sewer Line Rehabilitation, Ilea rung and Video Record-In Item Unit Price No. I Quantity Unit Description Total THE BIDDER, HAVING. EXAMINED CAREFULLY THE SPECIFICATIONS CONSISTING OF EIGHTEEN (IS) PAGES, TERMS AND CONDITIONS HEREIN, PROPOSES TO FURNISH ALL LABOR, MATERIALS, EQUIPMENT AND OTHER ITEMS, FACILITIES AND SERVICES, WITHOUT EXCEPTIONS FOR THE PROPER EXECUTION AND COMPLETION OF THE CONTRACT, AND IF AWARDED THE CONTRACT, TO COMPLETE THE SAID WORK WITHIN TIME LIMITS AS SPECiF ED FOR THE FOLLOWING BID PRICES. GROUP I — PUBCHASE & MIALLATION OF RICIP LINING 8 in. x 6mm pipe, for job sizes from 1 ft. to 500 ft. 1. 1 LF -00 2. 1 LF 8 in. 7.5mm i , for job sizes from I ft. to 500 ft. P p� 3. 1 LF S in. x 9mm pipe, for job sizes from 1 ft. to 500 ft. $ .OQ $ .��a 4. 1 LF IO in. x 6mm pipe, for job sizes from I ft. to 500 ft. $ $ , d0 5. 1 LF 10 in. x 7.5mm pipe, forjob sizes from 1 ft, to 500 ft. 6. 1 LF 10 in. x 9mm pipe, for jolt' sizes from I ft. to 500 ft. $sD, 00 00 7. 1 LF 12 in. x 6mm pipe, farjob sizes from 11 to 500 ft. $'6"0 6V $60),06 S. 1 LF 12 in. x 7.5mm pipe, for job sizes from i fL to SOD ft. v 9. l LF 12 in. x 9mm pipe, for job sizes from I ft. to 500 ft. $60.0 $k• °l 10. 1 LF 15 in. x 6inip pipe, fbr job sizes from I ft. to 500 ft.. $ �• d� ��, do 11. 1 LF 15 in. x 7.5mm pipe, for job sizes from l ft. to SOO ft. $ 92.04 00 12, 1 LF 15 in. x 9mm pipe, for job sizes from 1 ft, to 500 ft. $ Oo S96-00 13, l LF 15 in. x 6mm pipe, for job sizes from 501 ft. to 1000 ft. $ 7"5'a $ Y'!�. 40 14, I LF 15 in. x 7.5mm pipe, for job sizes from 541 ft: to 1000 $. $3%-00 60 is. l LF 13 in. x 9mm pipe, for job sizes from 501 ft. to 100011. $9100 0 s 9/ d 16. 1 LF 18 in. x 6mm pipe, for job sizes from 1 ft. to 500 ft. $0� 17. 1 LF 18 in. x 7.5mm pipe, for job sizes from I ft. to 50€3 ft. $ S�lJ4 I8. I LF 18 in. x 9mm pipe, for job sizes from 11 to 500 ft. Total Bid (this page) S & V 0 Purchasing and Materials Management Division Page: 14 Annual Agreement for Sewer Line Rehabilitation INVITATION TO BID it B109 -2570 Mining and Video Recording INVITATION TO BID .You are invited to Bid as the following- Annual Agreement for Sewer Line Rehabilifatiort, Cleaning and Video Record!st Item Unit No. Quantity Unit Description . Prim Total 19. 1 L1= 18 in. x6mm pipe, for job sizes from Sol ft. to 1040 ft. $ A. 61 $ x,00 20. I LF 1$ in. x 7.5rnm pipe, far job sizes fram 501 ft. to 1000 ft. $7� $ 21. 1 LF 18 in. x 9mm pipe, for job sizes from 501 fl. to 1000 ft. $Z-06 $ , 60 22. I LF 21 in. x 7.Smm pipe, for job sizes from l tt. to 500 f3. $ "0 $ i7j.� 23. 1 LF 21 in, x 9mm pipe, for job sizes from t ft. to 500 ft. $ '9'<M $95.00 24. 1 LF 21 in. x 12 mm pipe, for job sizes from 1 f1:, 500 ft. $li92•11" 25. 1 LF 21 in. x 13.5mm pipe, for job sizes from I ft. to 500 ft. $id f d4 $ 26. 1 LF 21 in. x 15 nun pipe, for job sizes from I ft. to 500 ft. $112. °° $6K Af 27, 1 LF 21 in. x 7.3mm pipe, for job sizes from 501 ft. to 1000 ft. $ 28. I LF 21 in. x 9mm pipe, for job sizes from 501 ft. to 1000 f. $ 29. 1 LF 21 in. x 10.5.mm. pipe, for job sizes frorn 501 ft. to I000 ft. $ ,� '10 $61 40 30. 1 LF 21 in. x 12mm pipe, for job sizes from 501 ft. to 1000 ft. $� 31. l LF 21 in. x 13.5mm pipe, for job sizes -from 501 ft. to 1000 ft. SA8 oo $/d,5, A9 32. 1 LF 21 in. x 15 mm pipe, for job sizes from 501 ft. to 1000 ft, $/07,0 $ �d 33. 1 LF 24 in, x 7_5mm pipe, for job sizes from 1 ft. to 500 ft. $ 9f, oa 34. 1 LF 24 in, x 9mm pipe, for job sizes from 1 ft. to 500 ft. 35. 1 LF 24 in. x 10.5 mm pipe, for job sizes from 1 ft. to 500 ft. $ $ , 0° 36. 1 LF 24 in. x 12 mm pipe, for job sizes from I ft. 500 ft. $10 ,5, to SM3. 0o 37. 1 LF 24 in. x 13.5mm pipe, for job sizes from I fl. to Soo ft. $ $ 03, Q0 $113--10 33. 1 LF 24 in- x 15mm pipe, for job sizes from I fL to 500 ft. $ 431W 39. I LF 24 in. x 7.5mm pipe, for job sizes from 501 ft. to 1000 ft. o $ �g s .0' 40. I LF 24 in. x 9mm pipe, for job sizes from 501 ft. to 1000 ft: -Q° $92 Z Total Bid (this page) $ r ltv . Purchasin 9 and Materials Managerment division Nge:15 Annual Agreement for Sewer Line i ebabilitation INVITATION TO BID # B169-2570 Cleaning and Video Recording W 1 ATION TO BID Yotl sire invited to Bid on the following: Annual Agreement for Sewer Line Rehabilitation, Item Cleaning and Video Reeordin No. Quantity Unit Description Unit Price T Total 41. 1 LF 24 in. x 10.5 mm pipe, for job sizes from 501 fL to 1600 ft. d 4 $ po 47. 1 LF 24 in. x 12mm pipe, for job sizes from Sol ft. to 1000 ft. $ %LY.L 43. 1 LF 24 in. x 13.5mm ,pipe, for job sizes from 501 ft. to 1000 ft.4� 44. 1 LF 24 in. x I5 mm pipe, for job sizes from 501 fI. to 1000 ft. $/P'/-0'0 $/ 45. 1 LF 30 in. x 9mm pipe, for job sizes from I ft.. to 500 k $ %�• OQ. Da 46. 1 LF 30 in. x 10.5mrn pipe, for job sixes from 1 ft. to 500 ft. $/07101 $ 4 , OC '47. 1 LF 30 in. x 12mm pipe, for job sizes from I ft. to 500 ft. $1 %.6v S112"00 48. 1 LF 30 in. x 13.5mm pipe, for job sizes from I ft, to 500 ft. SAS, $ % 49. I LF 30 in, x 15mm pipe, for job sizes from I ft. to 500 ft. s ce A,�Oe 50. 1 LF 30 in. x 16.5mm pipe, for job sizes from I ft. to 500 ft. $ %?i%dp $1,34-04 5.1. 1 LF 30 in. x 9mm pipe, far job sizes from 501 ft. to 1000 ft. $970!�- $9700 52. 1 LF 30 in. x 10.5mm pipe, for job sizes from 501 ft. to 1000 ft. $ /(1�100 53. 1 LF 30 in. x 12mm pipe, for job sizes from 501 ft. to 10001-. $ 1d:!1P, $ 54. l LF 30 in. x 13.5mrn pipe, for job sizes from 501 ft. to 1000 ft. SlltS w 53. I LF 30 in. x 15mm pipe, for job sizes from 501 ft, to 1000 ft. $ % Sao 56. 1 LF 30 in. x 16,5mm pipe, for job sizes from 501 1 to 1000 fI. $12 -1 57. 1 LF 36 in. x 10.5mrn pipe, for job sizes from I ft-W500 ft. S133410 $ 04 58. 1 LF 36 in. x 12mm pipe, for job sizes from I ft. to 500 ft. $��- 59. I LF 36 in. x 13.5mm pipe, for job sizes from 1 ft. to 500 ff. $/4,0 $/ � 50. 1 LF 36 in. x 15mm pipe, far job sizes from 1 ft. to 500 ft. $f=r7• $1ST` "d 'Fatal Bid (this page) $ Z 3 46, Purchasing and Materials Management Division Page: 16 a Annual Agreement for Sewer Line RehabItation WMATXON TO BID # B169-2570 Cleaniagand Video Recording MVITATION TO BID YOU are invited to Bid on the following. An al Agreement for Sewer Line Rehabilitation, Item Cing and Video Recording No. Quantity Unit Description Price rice e Total 61. 1 LF 36 in. x ] 6.Smm pipe, for job sizes front 1 ft. to 500 f3. S-160. $%(Q; 00 62. 1 LF 36 in. x 18mm pipe, for job sizes from 113. to 500 ft. $lOtJ $d 63. 1 LF 36 in. x 10.5mm pipe, for job sizes from 501 f1, to 1000 ft. $/e. $� 64. 1 LF 36 in. x 12mm pipe, for job sizes from 501 ft. to 1000 ft_ $1 , o �Do 65. 1 LF 36 in. x 13.5mm pipe: for job sizes from 501 ft. to 1000 ft. $ %�• $ fZ.a1° 66. 1 LF 36 in, x 15mm pipe, for job sizes from 501 ft. to 1000 fl. $� 67.. 1 LF 36 in. x 16.5mm pipe, for job sizes from 501 f1. to 10011. f1. 68. 1 LF 36 in. x 18rnm pipe, for job sizes from 501 fl. to 1000 ft. SA-70 $jai ,2. ,90 69. I LF 42 in. x 10.5mm pipe, forjob sizes from 1 f3: to 500 f3. $ /601 $ A9�10 70. 1 LF 42 in. x 12rnm pipe, for job sizes from 1 ft. to 500 ft. $ 16 $ oo 71. 1 LF 42 in. x 13.5mm pipe, for job sizes from 1 ft. to 500 ft. $ %7V $ / %Y dd 72. 1 LF 42 in. x l5mm pipe, for job sizes from 1 R to 500 ft. 73. 1 LF 42 in. x 16.5rnm pipe, for job sizes from i -ft. to 500 ft. $A/311, $ %i.3 c'0 74. 1 LF 42 in. x 1 Smm pipe, for job sizes from 1 fl. to 500 f3- $za o $20a 60 75. l LF i 42 in. x 10.5mm pipe, for job sizes from 5o1 ft, to 1000 fl. S $15 do 76. 1 LF 42 in. x 12mrn pipe, for jab sizes from 5011 to 1000 fl. $ A . S-162 119f 77, 1 LF 42 in. x 13.5mm pipe, for job sizes frorn 501 ft. to 1000 ft. $172—a $1 %Z G0 78. 1 LF 42 in. x [ Smm pipe, for job sizes from 501 ft. to 1000 fl. $� $ 79. 1 LF 42 in. x 16.5rnrn pipe, for job sizes from 501 ft, to 1000 ft. SA &.� $� $0. l LF 42 ire. x ! Srr�m pipe, for job sizes from 501 ft. to 101}0 ft. $ /%3 � $ �%� �o Total Did (this page) S 3�`! • v i'arrhasing and Materials Management Division page: 17 Annual Agreement for Sewer Line Rebabilitatian INVITATION TO BID 0 BIB -1570 Cieaningand Video Recording INVITATION TO BID You are invited to Bid on the following: Annual Agreement for Sewer Line Rehabilitation, Gleaning and Video Recording Item No. Quantity Unit Description unit Price Total 81. 1 LF 48 in. x 12mm pipe, for job sizes from 1 it, to 500 ft. �� 82. 1 LF 48 in, x 13.5mrn pipe, for job sizes from i ft. to 504 ft. $ 83. 1 LF 48 in. x 15mm pipe, for job sizes from 1 & to 500 ft. 94. l LF 48 in. x 16.5mm pipe, for job sizes from I $. to 500 ft. $ ,7 85. 1 LF 48 in. x 18irnm pipe, for-job sizes from I ft. to 500 ft. $2-70.60 $7-2-0� 00 86. 1 LF 48 in. x 19.5mm pipe, for job sizes from I ft. to 500 ft. $22-�0 �0 s2-394,0 87. 1 LF 4$ in. x 21mm pipe„ for joh sizes from I ft. to 500 ft. $x.33 00 $�33,lao 88. 1 LF 48 in. x 22.5rnm pipe, for job sizes from 1 11. to 500 fL Sa3749 $ X 89. 1 LF 48 in. x 24mm pipe, for jab sizes from 1 ft. to 50D.ft. $2-4 $�00 90. 1 LF 48 in, x 12rnm pipe, for jab sizes from 501 it. to 1000 & $ / 7/. _ szzrQd 91. 1 LF 48 in. x 13.5mm pipe, for job sizes from 501 ft. to 1000 ft. S/9,00 $ A&40 97. 1 LF 48 in. x 15mm pipe, for job sizes from 501 ft. to 1000 ft. $ 97 $M -0a 93. 1 LF 48 in. x 16.5mm pipe, far job sizes from 501 ft_ to I WO ft. 94. 1 LF 48 in. x 18mm pipe, for job sizes from 501 ft. to 1000 ft. $21-3,W s213. 0o 95. 1 LF 48 in. x I9.5mm pipe, for job sizes from 501 ft. to IODO #t. $ ,?23: $Z'13' Q° 96. I LF 48 in. x 21 mm pipe, for job sues from 501 ft. to 1000 ft. $ �� . $ cz 97. 1 LF 48 in. x 22.5mm pipe, far lob sixes from 501 ft. to 1000 ft. $aFed $3 , 98. 1 LF 48 in. x 24mm pipe, for job sizes from 501 ft, to 1000 ft. $2010 $20, do 99. I LF 54 in. x 12mm pipe, for job sizes from 1 ft. to 500 ft. $--"!• 10 100. I LF 54 in. x 13.5mm pipe, for Job sues from 1 ft. to 500 ft. s2-117.10 s.2#,00 Total Bid (this page) S 1'arehasiag and Materials Management Aivision Page: is Annual Agreement for Server Line Rehabilitation INVITA71ON TO BID # Bit 2570 Cleaning and Vidco Recording INVITATION TO BID You are invited to Bid on the following: Annual Agreement for Sewer Litre Rehabilitation, Cleaning and Video Recording Item No. Quantity Unit Description Unit Price Total 101. 1 LF 54 in. x 15mm pipe, for job sixes from 1 ft. to 500 ft. s:261,61 $2-61 'go 102. 1 LF 54 in. x 16.5mm pipe, for job sizes front 1 ft. to 540 ft. $�� 103. 1 LF 54 in. x 1 &mm pipe, for job sizes from 1 ft. to 500 ft. $ "2YI-61 $2RI 104. 1 LF 54 in. x 19.5mm pipe, for job sizes from 1 ft, to 500 ft. $ 2W.'0 $27700 107. 1 LF 54 in. x 21mm pipe, for job sizes from 1 ft. to 500 ft. $—OW&V $•apf. Od 106. 1 LF 54 in. x 22.5mm pipe, for job sizes from 1 fl. to 500 fL $3116, $ 3//, da 107. 1 LF 54 in. x 24mm pipe, for job sizes from 1 ft. to 500 ft. $ $ 3 108. 1 LF 54 in. x 12mm pipe, for jab sizes from 501 ft. to 1000 & $ $ -:2-. ,e 109. 1 LF 54 in. x 13.5mm pipe, for job sizes from 501 fl. to 1000 f1. $ 2.�74V $�7. rya 110. l LF 54 in. x 156im pipe, for job sizes from 501 ft. to 1000 ft, $ 06g, 61 $2sw'6f, Ill. 1 LF 54 in. x 16.5mm pipe, for job sizes from 501 ft. to 1000 ft. $ 24( $ 112. 1 LF 54 in. x 18mm pipe, for job sizes from Sol ft. to 1000 ft. $ Z $ '_ 0 113. 1 LF 54 in. x 19.5mm pipe, for job sizes from 501 ft. to 1000 ft. $ $2 114. 1 LF 54 in. x2 Imm pipe, for job sizes from 501 ft. to 1000 ft. $� 115. 1 LF 54 in. x 22.5 mm pipe, for job sizes from 501 ft. to 1000 ft. 116. 1 LF 54 in. x 24rnm pipe, for job sizes from 501 ft. to 1000 ft. O /JtD l QO 117. 1 LF 60 in. x 12rnm pipe, for job sizes from 1 ft. to 500 ft_ 11 S. 1 LF 60 in. x 13.5mm pipe, for job sizes from 7 ft. to 500 ft. $ :50.0 S 3x,.O-, Total Bid (ibis page) 5 %• Purchasing and Materials Management Division Page: 19 '0 Annusi AgreErnent for Sewer sine Rehabilitation MVITATION'TO BID # B109-2570 Cleaning and Video Recording INVITATION TO BID You are invited to Bid on the following: Annual Agreement for Sewer Line Rehabilitation, Cleaning and Video Recording Item 110. Quanti h' . Unit _J 7]eseriptiog nit Price Total 119. l LF 64 in. x I5mm pipe, for job sizes from 1 ft. to 500 f3. $ 120. 1 LF 60 in. x l 6.5mrn pipe, for job sizes from 1 ft. to 500 fL $ •� �•od 121. 1 LF 60 in. x 18mm pipe, for job sizes from 1 ft. to 500 ft. $33.'� s�3 od 122. 1 LF 60 in. x 19.5mm pipe, far job sizes from 1 ft. to 500 ft. $ $ .m 123. 1 LF 60 in. x 21mrn pipe, for job sizes from I ft. to 500 ft. 124. 1 LF 60 in. x 22.5mm pipe, far job sizes from 1 ft, to 500 ft. $';�. W eo 125. 1 LF 60 in. x 24mm pipe, forjob sizes from I ft. to 500 ft. 126. 1 LF 60 in. x 12mm pipe, for jab sizes from 501 ft. to 1000 ft, 127. 1 LF 60 in. x 13.5mm pipe, for job sizes from 501 ft. to 1000 ft. 128. 1 LF 60 in, x 15mm pipe, for job sizes from 501 #1. to 1000 ft. 129. 1 LF 60 in. x 16.5mm pipe, for job sizes from 501 ft. to 1000 fL $ 30K 0 $ -82 f' 130. 1 LF 60 in. x ISmm pipe, for job sizes from 501 ft. to I000 ft. $,C;6 $&5q, co 131. 1 LF 60 in. x 19.5m in pipe, for job sizes from 501 ft. to I000 ft. $3350 $ � 00 132.- 1 LF 60 in. x Irnm pipe, for job sizes from 501 ft. to 1000 fl. $ �� $ . 60 $ J �� 133. 1 LF 60 in. x22.5rnm pipe, for job sizes from 501 ft. to 1000 ft. $ 8K,00 134. 1 LF 60 in. x 24mm pipe, for job sizes from 501 ft. to 1000 ft. $ Q� r "Total Bid (this page) $ �� Purchasing and Materials Management Division Page- 20 M Annual Agreement for Sewer Line Rehabilitation INVITATION TO BID # BI09 -2570 Cleaning and Video Recording INVITATION TO BID You are invited to Bid on the following: Annual Agreement for Sewer Cleaning and Video Recording Line klehabilitation, Unit Price Total item No. Quantity Unit Descri tion 135. l LF 72 in. x 12mm pipe, for job sizes from I ft. to 504 ft. !� 136. I LF 72 in. x i 3.5m' m Pipe, for job sizes from I ft. to 500 €t. $�"49 137. 1 LF 72 in. .x 15mm pipe; for job sizes from 1 ft. to 500 f{. $61,0. del 138. 1 LF 72 in. x 16.5mm pipe, for job sizes from 1 ft. to 500 ft. $4/5� 139. 1 LF 72 in. x 19mm pipe, for job sizes from 1 .f1~ to Soo fl. $ •� $ �, d° 140. I LF 72 in. x 19.5mm pipe, for job sizes from 1 ft. to 500 ft. 141. 1 LF 72 in. x 2lmn pipe, for job sizes from I ft. to 500 ft. 142. 1 LF 72 in. x 22.5mm pipe, for job sizes from 1 it. to 500 ft. 143. 1 LF 72 in. x 24mrn pipe, far job sizes from I ft. to 500 ft. g(o.SO0 $ ,ev 144. 1 LF 72 in. x 12mm pipe, for job sizes from 50I ft, to 1000 ft. S-6�141100 $�- do 145. 1 LF 72 in. x 13.5mm pipe, for job sizes from 50I ft. to 1000 fk $ 640,00 $60-0e 146. I LF 72 in. x 15mm pipe, for job sixes from 501 ft. to 1000 ft. $614"°d 147. 1 LF 72 in. x 16.5mrn pipe, for job sizes from 501 ft. to 1000 #t. $ 145. 1 LF 72 in. x FBmm pipe, for job sizes from 501 ft. to I000 ft. 149. 1 LF 72 in. x 19.5mrn pipe, for job sizes from 501 ft. to 1000 ft. $�� L62 � 150. 1 LF 72 in. x 21 mm pipe, for job sizes from 501 ft. to 1000 ft: $6, �0-� $6-39,4g) 151. I LF 72 in. x 22.5mm pipe, for job sizes from 501 ft. to 1000 ft. $ 4-0 $6 ej n 152. 1 LF 72 in. x 24mm pipe, for job sizes from 501 ft. to 1000 ft. $�• � $ f d 153. 1 LF 84 in. x 12mm pipe, for job sizes from I ft. to 500 ft. $ 154. 1 LF 84 in. x 13.5rnm pipe, for job sizes from I ft.. to 500 it, $91�� $ 91 S.d2� Tatal Bid (this page) S %a�, ��r� . O Purchasing and Materials Management Division Page; 21 Annual Agreement ror Sewer Line Rehabilitation INVITATION To Siit # DY09 -25y0 Cleaning and Video Rcoording M Y IT L IDEA TO BID You are invited to Bid on the following: Annual Agreement for Sewer Line Rehabilitation, Cleaning and Video Recording Item Quantity Unit Deseri tion Unit Price Total I r156. LF 84 in. x 15mm pipe, for job sizes from 1 ft. to 500 ft. I LF 84 in. x 16.5mm pipe, for job sizes from 1 ft, to 500 ft. 02� f7XI00 157. 1 LF 84 in. x'18mm pipe, for job sizes from I ft. to 50o ft. 6�-60 $ 9�-V 158. 1 LF 84 in. x 19.5mm pipe, for job sizes from 1 fL to 500 ft. $9. e-v ` 159. 1 LF 84 in. x 21 mrn pipe, for job sizes from i ft. to 500 ft. $901 160. 1 LF 84 in. x 22.5mm pipe, for job sizes from 1 ft. to 500 ft. $�r4Q �r10 161. 1 LF 84 in. x 24mm pipe, for job sizes from I ft. to 500 ft. $ -�� 162. l ZF 84 in. x 12mm pipe, for job sizes from 341 ft. to 1000 & s9ml l' $ o. a'O 163. 1 LF 84 in. x 13.5mm pipe, for job sizes from 501 ft. to 1000 ft. �74�� 164. 1 LF 84 in. x 15mm pipe, for job sizes from Sol ft. to 1000 ft. $ $ /4-�D 165. 1 LF 84 in. x 16.5mm pipe, for job sizes front 501 ft. to 1000 & $ r � 165. 1 LF 84 in. x 18mm pipe, for job sizes frorn 5011 to 1000 ft $IFW'o $920 'f, 167. 1 LF 84 in. x 19.5mm pipe, for job sizes. &am 501 ft. to 1000 fL 168.. i LF 84 in. x 21 mm pipe, for job sizes from. 501 ft. to 1000 R 169. 1 LF 84 in. x 1.2.5mrm pipe, for job sizes from 501 ft_ to 1 000 ff. $ 170. 1 LF 84 in. x 24mm pipe, for job sizes from 501 ft. to 1000 ft. Q3 /�. $ !�•� $?'z' Dv TOTAL FOR GROUP I: Total Bid (this page) S V'e ' Purchasing and ;aterlats Management Division page: 22 Annual Agreement for Sewer Line Rehabilitation Cleaning and Video Recording INVITATION TO BID INVITATION TO BID # 8109.2570 You are invited to Bid on the following. Annual Agreement for Sewer Line Rehabilitation, Cleaning and Video Recording Item t~to, uaoti Unit lE7ait )QCSCtl ti01! Price Tmm GROUP )a INJECTION OF MO ABLE FILL I71 1 CY Injection of Flowable Fill into Cavities or Voids along $/�44?�' $jdpa�,ao Deficient Storrn Sewers TOTAd, FOR GROUP II: I 1$�"— � GROUP III PURCHASE & INSTALLATION OF STORM SEWER PMRNAL JOIlVT' SEALS ubber Tyne 172. 1 EA Mobilization for job with requirements of installing I to $ %fd, $�$ oa 10 internal joint seals for pipe size of 24 in. to 48 in. 173. I EA Mobilization for job with requirements of installing I] and $I -ftzp $ &3,00 Over iritemal joint seals for pipe size of 24 in. to 48 in. . 174. 1 EA Mobilization for job with requirements of installing 1 to Sga 4) S MY. da 10 internal joint seals for pipe size of 34 in. to 78 in. 175. 1 EA Mobilization for job with requirements of installing I 1 and r $r1Z$"p $ .00 over internal joint seals for pipe size of 54 in. to 78 in. 176. I EA Mobilization for job with requirements of installing I to $1147'0 $MZ 10 internal joint seals for pipe size of 84 in. to 108 in. 177. 1 EA Mobilization for job with requirements of installing I 1 and $! over internal Joint seals for pipe size of 84 in. to 108 in. 178. I .EA Dewatering for job with requirements of installing internal $ -3 f S -0 ' Go joint seals for pipe size of 24 in. to 48 in. I79. l £A Dewatering far job with requirements of installing internal $ $.,00 joint seals for pipe size of 54 in. to 78 in. I80.. I EA Dewatering for job with requirement of installing internal $6-55""p $6s""'0d joint seal for pipe size of 84 in. to 108 in. Total Bid (this page) $ P'rchasing and Materials ManagemeceE . .Division Page: 23 Annual Agreement Cor Sewer Line Rehabilitation INVITATION To BID # Bio9 -257o Cleaning and Video Recording DMTATTON- TO BID You are invited to Bid on the following: Annual Agreement for Sewer Line Rehabilitation, Gleaning and Video Recording Item No. Quantity $' it Description U"'t Price Total 181. For 24 in. host pipe, for job with requirement of I to 10 $,77Y,'O S Z$, off' 7ninternal joint seals. 182• For 24 in. host pipe, from 1 I and over internal joint seals. S�"" $v 183. 1 EA For 30 in. host pipe, for job with requirement of I to 10 $ K11 " S internal joint seals. 184. 1 EA For 30 in. host pipe, I I and over internal joint seals. P Fe, J 185. 1 EA For 36 in. host pipe, for job with requirement of I to 10 $-'I'J3,CID $ 3- internal joint seals. 185. I EA For 36 in, host pipe, from 1 I and over internal joint seals.�'� $tai• d ° 187. 1 EA For 42 in. host pipe, for job with requirement of I to 10 $ • $70 Q° internal joint seals. 188. I EA For 42 in. host pipe, from I I and over internal joint seals. $74*A $7, G0 189. 1 EA For 48 in. host pipe, for job with requirement of I to 10 $ 14719'0 $%0/$,1111 internal joint seals. 190. 1 EA For 48 in. host pipe, from I I and over internal joint seals. $ '777 $7"77. m 191. ! EA For 54 in, host pipe, for job with requirement of I to 10 $1092• $7MZ 4' internal joint seals. 192. i EA For 54 in:. host pipe, from 1 l and over internal joint seals. $ `�� $ 7J// do 193. I EA For 60 in. host pipe, for job with requirement of 1 to 10 S MAW $.//W' .1O internal joint seals. 194. 1 EA For 66 in. host pipe, for job with requirement of I to 10 $ /'283"" �3_� internal joint seals. 195. 1 FA For 60 in. host pipe, from 1 I and over internal joint seals. S $ 196. 1 FA For 66 in. host pipe, from 1 I and over internal joint seals. $Ilq*• $ %e .12 Total Bid (this page) ,, � (Q. DO Purchasing and Maleriats Managerneut Division Page: 24 Annual Agreement for Sewer Line )Rehabilitation INVITATION TO BID # BI09 2570 Cleaning and Video Recording MVTTATION TO BID You are invited to Bid on the following: Annual Agreerneat for Sewer Line Rehabilitation, Cleaning and Video Recording Item Unit No. Quantity Unit Description Priee Total 597. 1 EA For 72 in. host pipe, far job with requirement of 1 to 10 $1 7 $1]0 internal joint seals. 198. 1 EA For 72 in. host pipe, from 1 I and over internal joint seals. $ 199. I EA For 78 in. host pipe, for job with requirement of 1 to 10 $l�79 SlWfffe0 internal joint seals. 200. 1 EA For 73 in. host pipe, from 11 and over internal joint seals. $��%� 201. 1 EA For 84 in. host pipe, for job with requirement of I to 10 internal ,joint seals. 202_ 1 EA For 84 in. host pipe, from I I and over internal joint seals. $.lq% oa s6V0 203. 1 EA For 90 ire. host pipe, for job with requirement of I to 10 $15A40 s Is internal joint seals. 204. 1 EA For 90 in. host pipe, from I I and over internal joint seals. $/S 02 °° $ l -4" 205. I EA For 96 in. host pipe, for job with requirement of I to 1.0 3- internal joint seals. 206. l EA For 96 in. host pipe, from I I and over internal joint seals. $� $� 3 207. 1 EA For 102 in. host pipe, for job with requirement of 1 to 10 $�l5 internal joint seals. 208. 1 EA For 102 in. host pipe, from 1 I and over internal joint seals. $/4(17770 $1477"0 209. l EA For 108 in. hostpipe, for job with requirement of I to 10 S2. i/:a- $ZZ✓S:W . internal joint seals. 210. 1 EA For 108 in. host pipe, from I I and over internal joint seals_ $1733 S17--33-1'14 TOTAL FOR GROUP III: $4'7A�9- TOTAL BID: $ /dD -)g . — Purchasing and Materials Management Division Page: 25 Annnai Agreement for Suer lane Rehabilitation Cleanfug and Videa Recording WNnTATION TO BID You are invited to Bid on the following: INVITATION TO BID # B109 -2570 Annual Agreemmt for Sewer Line Rehabilitation, Cleaning and Video Recordin NOTE I: THE BID AMOUNTS SPECITUD HEREIN ARE FOR FIXED PRICE WORK, WHICH INCLUDES ALL PRICES FOR EQUIPMENT, LABOR AND MATERIAL REQUIRED TO PERFORM THE WORK SPECIFIED IN THIS INVITATION TO BID'. NOTE 2: THE QUANTITIES LISTED IN THIS SOLICITATION ARE ESTIMATED QUANTITIES FOR BID EVALUATION PURPOSES ONLY. THE CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THESE QUANTPTIES AS REQUIRED. IT IS UNDERSTOOD BY ALL BIDDERS THAT THE CITY IS NOT OBLIGATED TO PURCHASE ANY MINIMUM OR WWMUIIM AMOUNT DURING THE LIFE OF A CONTRACT RESULTING FROM THIS SOLICITATION. ANY SUCH RESULTING CONTRACT SHALL BE NUN - EXCLUSIVE, AND THE CI'T'Y MAY PROCURE THE GOODS LISTED IN SAID CONTRACT FROM OTHER SOURCES. NOTE 3: - BIDDERS MAY BID ON ONE OR MORE OR ALL OF THE THREE (3) GROUPS OF IMS INVITATION TO BID. AWARD MAY BE MADE IN THE AGGREGATE OR BY GROUPS TO THE LOWEST MOST RESPONSIVE AND RESPONSIBLE BIDDERS MEETING SPECIFICATIONS, NOTE 4: ALL ITEMS QUOTED DUST COMPLY WITH THE SPECIFICATIONS. IF YOU ARE TAKING EXCEPTION, INDICATE THOSE EXCEPTIONS ON COMPANY LETTERHEAD AND ATTACH TO THIS INVITATION TO BID. NOTE S: EXCEPTIONS TO TEAMS AND CONDITIONS: WHEN COMPLETING YOUR BID, DO" NOT ATTACH ANY FORMS WHICH MAY CONTAIN TERMS AND CONDITIONS THAT CONFLICT WITH THOSE LISTED IN THE CITY'S BID DOCUMENT(S).. INCLUSION OF ADDITIONAL TERMS AND CONDITIONS INCLUDING THOSE WINH MAY BE ON YOUR COMPANY'S STANDARD FORMS MAY RESULT IN YOUR BID BEING DECLARED NON - RESPONSIVE. NOTE 6: SPECIFICATIONS: THE SPECIFICATIONS SHOWN ON THE ATTACHED INVITATION TO BID SHEETS ARE INTENDED TO REPRESENT ITEMS OF A QUALITY LEVEL KNOWN TO MI EET CITY'S REQUIREMENTS. WHILE THE CITY ENDEAVORS TO PROMULGATE WRITTEN SPECIFICATIONS THAT ARE ACCURATE AND NONRESTRICTIVE FOR BIDDING PURPOSES, THEY MAY ALSO REFERENCE AN ITEM By MANUFACTURER'S NAME AND NUMBER BIDDERS ARE CAUTIONED THAT IN THE EVENT OF A DISCREPANCY THEREIN, OR THAT THE MATERIALS BEING OFFlERED DIFFER FROM THAT DESCRIBER, SUCH DIFFERENCE MUST BE TIMELY QUESTIONED OR NOTED IN THE BW IN ORDER THAT FAIR EVALUATION MAY BE PERFORMED. Purchasing and Materials 1�iauagement Division Page: 26 Annuat Agreement for Sewer Line Rehabilitation INVITATION TO BID # BIW2570 Cleaning and Video Recording - NATION TO BID You are invited to Bid an the following: Annual Agreern=t for Sewer Line Rehabil Cleaning and Video Recordine NO'T'E 7: THE SUCCESSFUL BIDDER WILL BE REQUIRED WITHIN FIFTEEN CALENDAR DAYS OF AWARD DATE, TO PROVIDE ANY AND ALL LOCAL, STATE, AND FEDERAL LICENSES, APPROVALS, PERMITS, AUTHORIZATIONS, AND /OR CyRTIFICATICINS WHICH WOULD BE APPLICABLE FOR ALL SERVICES TO BE RENDERED DURING THE TERM OF THE AGREEMENT. NOTE 8: IF YOU ARE NOT THE SUCCESSFUL BIDDER AS THE PRIME SUPPLIER, WOULD YOU BE WILLING TO SERVE AS A STANDBY (SECONDARY) SUPPLIER UNDER THE TERMS AND CONDITIONS AhTD PRICING OF YOUR BID? YES (!/ NO NOTE 9: DO NOT CHANGE OR OTHERWISE ALTER THE QUANTITY OR UNIT DESIGNATIONS ON THESE PRICING PAGES. YOUR UNIT PRICE BM AND TOTAL EXTENSIONS MUST CORRESPOND TO THESE DESIGNATIONS. EACH LIME ITEM WILL BE EXTENDED AS INDICATED (QUANTITY X UNIT PRICE). NOTE I0: DID PRICES SHALL REMAIN FIRM FOR THE ENTIRE CONTRACT PERIOD UNLESS OTHERWISE CHANGED BY AN AMENDMENT. ANY AMENDMENT MUST BE IN WRITING AND SIGNED BY BOTH PARTIES. SUCH AMENDMENTS MUST BE SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE CITY OF ORLANDO'S PURCHASING AND MATERIALS MANAGEMENT DIVISION TO BE VALID, BINDING, AND ENFORCEABLE. HOWEVER, SHOULD THE AWARDED VENDOR OF.A CONTRACT RESULTING FROM THIS SOLICITATION SELL AN ITEM LISTED IN THIS CONTRACT TO ANOTHER CUSTOMER AT A LOWER PRICE THAN THE PRICE LISTED IN THIS CONTRACT, SAID AWARDED VENDOR SHALL ALSO EXTEND THAT SAME DISCOUNTED PRICE TO THE CI'T'Y. L FOB Paint Delivered 0Aly 2. Terms of payment Net 30 Recheck your quotations prior to submission. Bids may not be changed after being opened, Purchasing and Haterials Management Division page. 27 Annual Agreement for Sewer Line Rehabilitation INVITAITON TO BID 4 B109-2571) Cleaning and Video Recording SPECIFICATIONS FOR MULTIPLE SERVICES ON STORM WATER LINES, CITY OF ORLANDO INTRODUCTION The City of Orlando invites bids from qualified contractors to perforux three separate services on the storm water lines managed by the City. The three services are: Provision and installation of RICIPP linings in stornx water pipes of various sizes at various City locations. (Group 1) 2- Injection of stowable fill into cavities or voids along deficient storm sewers. (Group 11) 3. Provision and installation of internal joint seals (rubber) in existing storm water lines_ (Group 111) 4- The City reserves the right to select multiple vendors as convenience dictates. 5- Each project completion schedule will be agreed upon by the City and the Contractor when the project when assigned, GROUP I - SPECWICATIONS FOR INSTALLATION OF RICIPP LIMNG — STORMWATER PART GENERAL 1.1 SCOPE OF WORK The Contractor shall ferrnish all labor, materials, equipment, and tools necessary for the point repair or full reconstruction of storm water lines by dic installation of a resin - impregnated flexible felt tube, which is inverted into the existing conduit by use of hydraulic head. Where inversion is not appropriate, a pail and inflate method will be acceptable. Curing shall be accomplished by circulating hot water (or other approved method)-within the liner tube to cure the encapsulated resin system. When cured, the finished pipe will be eontinuous, watertight, and formed to the original conduit. Cleaning and inspections of conduits, bypass pumping, line obstmetion removal, reestablishment of services, pre - installation video recording, installation of Resin Impregnated Cured -in -Place Pipe (RICIPP) including installation television inspection, post - installation video recording, connections, testing and final inspections are all part of this work. 1.2 QUALITY ASSURANCE / QUALIFICATIONS L The pipe liner process shall be the product of a manufacturer who is fully experienced, reputable and qualified in the process of pipe rehabilitation. Parchnsing and Materials Management Divi5,wn Page. 29 Annual Agreement for Sewer line Rehabilitation INVITATION TO BID 9 8109-2570 Cleaning and Video Recording 2. The CONTRACTOR shall have a. mirtumm of three (3) years experience with the means and methods utilized in installing RICIPP to include 100,000 feet minimum installed of 8-inch to 60- ineb liner in the state of Florida. The Contractor must have wet -out over -the -hole experience in the state of Florida to include at least five (5) installs of large diameter pipe of 3 0-inch to 60 -inch. 3. During the inversion/installation of the RICIPP, the Contractor shall conduct television inspection of the work to verify that the liricr.iastallation is acceptable as defined herein. The sewers shall be thoroughly cleaned prior to performing the television inspections. The television inspections shall be complete from manhole to manhole. The television inspection shall include video documentation and computer generated logs to document the inspection. The installation television inspections shall be performed such that the sewer lining can be clearly seen. The camera shall be panned, tilted and notated at all pipe defects and at service lateral connections for the complete video documentation assuring no material drain - downlloss. If required, the contractor will halt inversion in order to video close -up viewing. 4. The Contractor shall submit a sample television inspection after the first liner is installed so that the Contractor and Engineer (or his designee) can agree on performance and quality of the inspections, which must be met throughout the Contract. Sewers not inspected to the Engineer's satisfaction shall be re- inspected by the Contractor at no additional cost to the City. S, Ail television inspection reports will include physical locations such as street address or street intersection to identify manhole or other locations, which are used to reference where the camera is located. 1.3 REGULATORY REQUIREMENTS The CONTRACTOR shall comply with all applicable laws, rules, regulations or ordinances imposed by all applicable federal, state, regional and local agencies.. ] A ITEMS FURNISHED BY THE CITY The CITY will be responsible for the following items pertaining to The work specified herein: 1. Necessary local permits. 2. Some repairs and 1 or extra - ordinary obstruction removal necessary to prepare line section for work. 1 -5 SUBMITTALS AFTER AWARD, UPON REQUEST I _ Bidder shall submit upon request the following inforination regarding quality: A. Submit three Copies of manufacturees technical literature and recommended installation procedure_ B. A signed and notarized certification from the resin manufacturer (not supplieddistributor) that the polyester resin to be furnished for this project will not mix with storm water, lake water or.moisture on inversion/insertion. Purchasing and Materials Management Division page: 29 Annual Agreement for Sewer Line Rehabilitation INVITATION TO BID # B109 -2570 Cleaning and Video Recording C. A viscosity profile and procedure showing that the resins to be supplied on this project will not absortft ix with water. D. A statement by the Contractor that provides for the City to take a small sample of catalyzed resin from the saturated liner tube on site prior to installation. The City will conduct a water- mixing test (proof of the resin and water not mixing) and the contractor will receive and dispose of the sample according to Federal, State and Local Regulations. 1.6 WARRANTY Installation. Provide a full labor and materials warranty for a period of twenty four months from the date of acceptance by the City. 2. Liner. Manufacturer's standard warranty. PART 2 PRODUCTS 2.1 MATERIALS 1. The RICIPP shall be fabricated to a size that when installed will fit the internal circumference of the conduit specified. Allowance shall be made for cirmunfcrential / radial stretching during insertion. 2. The finished RICIPP shall be fabricated from materials which when cured will be chemically resistant to withstand internal exposure to contaminants associated with storm wafer. 3. The outside layer of the tube (before inversion) shall be plastic coated with a transparent flexible material that is compatible with the resin system used_ The plastic coating shall not be subject to delaminating in the cured pipe. 4. The tube shall contain no intermediate or encapsulated layers. No materials shall be included in the tubes that are subject to delaminating in the cured pipe. 5. The wall color of tho interior pipe surface of the RICIPP after installation shall be a light reflective color so that a clear detail examination with closed circuit television inspection equipment may be made. 6. A general purpose, Polyester resin or Epoxy Vinyl Ester and catalyst system shall be furnished that provides cured physical strengths specified hercin. 7_ Physical Strength: The cured RICIP shall conform to the minimum structural standards, as listed below. CURED RICii P STANDARD RESULTS Flexural Stress ASTEM D -790 4,504 psi Flexural Modulus ASTEM D-790 250,000 psi of Elasticity 9. All pipes shall be considered fully deteriorated. Purchasing and Materials Management Division Page: 30 Annual Agreement for Sewer Line Rehabilitation INVITATION TO BID # 8109 -2574 Cleaning and Video Recording 9. Hydraulic capacity calculations small support the CIPP requirement for 100% of the full flow capacity of the original pipe as installed. 10. The CONTRACTOR shall submit liner thickness calculations to the En&cer for review. The RICIPP shat! be designed in accordance with the applicable provisions of A.STM F1216 and D2412 for fully deterioratcd gravity pipe conditions and shall meet the following design conditions: • AASHTO H -20 Live Load with two tracks passing for RICIPP in strcets. • A soil modulus of elasticity of 700 psi shall be used. A soil weight 120 pounds per cubic foot and a cocfEcient of frie €ion of Ku' = 0.130r shall be used for the installed depths. • The long -term flexural modulus used in the design calculations shall be estimated by multiplying the lowest short -term flexural modulus specified in the ASTM standards by a retention factor of 0.50. • Safety factor of 2.0 shall be used. • Groundwater levels shall he estimated to be at the ground surface. • Service temperature range shall be 40 to 140 degrecs F. • Maximum long -tcrm defleetion shall be 5 percent. 11. The minimum length shall be that deemed necessary to effectively span the footage that is requiring repair_ The CONTRACTOR shall verify the length in the field before impregnation. 12. The thickness (in millimeters) to be used for the liner shall be the largest thickness as determined by calculations for deflection, banding, buckling and minimum stiffness. The minimum installed liner thickness with the pre - determined resin I Mt ratio shall be as follows: 13. Purchasing and M2(erials Management Division Page: 31 LINER THICKNESS CHART GROUND COYER IN »'T Pipe Diameter 4 6 8 10 12 14 26 19 20 '22 24 In ]aches 08 6 6 6 6 6 6 6 6 6 7.5 7.5 10 6 6 6 6 6 7.5 7.5 75 7.5 9 9 12 6 6 6 7.5 7.5 9 9- 9 9 10.5 10.5 14 7.5 7.5 7.5 7.5 9 9 10.5 10.5 10.5 12 12 16 9 9 9 9 10.5 10.5 12 12 12 13.5 13.5 I8 9 9 9 10.5 10.5 12 12 13.5 13.5 15 15 21 12 12 12 12 13.5 13.5 15 15 16.5 16.5 18 24 12 12 12 13.5 15 16.5 16.5 18 18 19.5 19.5 27 12.5 15 15 15 163 18 19.5 19.5 21 21 22.5 30 13.5 15 15 16.5 18 19.5 21 22.5 22.5 24 27 36 16.5 IS 18 19.5 21 24 24 27 27 28-5 30 42 19.5 19.5 21 22.5 27 27 28.5 30 33 33 34 48 22.5 22.5 24 27 28.5 30 33 34 36 38 39 54 27 27 27 30 33 34 36.5 39 40.5 42 44 60 28.5 28.5 30 33 35.5 38 41 43 445 46.5 48.5 66 34 33 33 35.5 39 42 45 47 50 52 54 72 33 33.5 36 39 42.5 45.5 48.5 51 54 56 58 Chart assumes; Fully Deteriorated Pipe - 100% Ground Water Cover Purchasing and M2(erials Management Division Page: 31 Annual Agreement for Sewer Line Rehabilitation Cleaning and Video Reeording 2.2 STRUCTURAL REQUWMENTS WMATION TO B11) 0 Blog -257D 1. The CIPP shall be designed per ASTM F -1216, with the following additional requirements. 2. The design will assume no bonding to the original pipe wall. 3. External hydraulic design based on acceptable third party testing and verification of the enhancement factor, K, shall be submitted for review. 4. The bond between the RICIPP layers shall be strong and uniform. All layers, after cure, must form one homogeneous structural pipe wall with no part of the tube left unsaturated. 5. The cured pipe material (RICIPP) shall conform to the following structural properties: Property. Results Test Method Minimum Test Result Modulus of Elasticity ASTM D -790 250,008 Psi Flexural Strength ASTM D -790 4,500 Psi 6. Design parameters will be in accordance with ASTM F-1216 Appendix, Design parameters shall be for a fully deteriorated pipe with a long -term flexural modulus of 5001a of the short lean modulus and the design safety factor of two ,(2) remaining unchanged. 7. If required by the CITY, RICIPP Geld tube samples shall be cured in the hot water contained in the inversion column contained within steel plates and Mylar sheeting. These sample pieces shall be at least 20 inches in length with enough width for a lest laboratory to run a minimum of three samples from each specimen. A testing laboratory acceptable to the owner shall produce the tests, noting thickness and enough strength as specified without a Iahoratory post cure. Post cure shall be accomplished in the initial in ground curing cycle- PART 3 EXECUTION 3.1 PREPARATION 1. Safety - The CONTRACTOR shall carry out his operations in strict accordance with all OSHA regulations, CITY Confined Space Entry Program, and manufacturces safety requirements. Particular attention is drawn to those safety requirements involving entering confined spaces. In addition, the CONTRACTOR shall be responsible for implementing traffic control procedures in conformance with CITY standards. 2. Prior to Liner Installation: 3. Cleaning of Storm water Sewer — It shall be the responsibility of the Contractor to perform Iight cleaning of internal debris / sediments from the storm water lines, unless the CONTRACTOR is directed otherwise, The City shall clear tare line of obstruction such as solids, dropped joints, or collapsed pipe that will prevent the insertion of RICIPP. If the City is unable to or chooses not to remove such obstructions, solids etc_, the Contractor will be given the option to price the work and submit a proposal for the work to the City for consideration. if the City is satisfied, the work may be given to the Contractor.. Purchasing and Materials Management division Page- 32 Annual Agreement for Sewer Line Rehabilitation INVITATION TO BID #B109-2570 Cleaning and Video Recording 4_ Television Inspection -- The CONTRACTOR shall perform inspection of pipelines prior to lining by closed circuit television. The interior of the pipeline shall be carefully inspected to determine the location of any conditions, which may prevent proper installation of time RICIPP into the pipelines, and it shall be noted so that these conditions can be corrected. Videotape and a suitable Log of inspection shall be made available and given to the CITY. 3,2 INSTALLATION 1. The method of installation of the RICIPP shall be in accordanee with design criteria supplied by the manufacturer and approved by the City Engineer or his designee. 2. The finished RICIPP shall be continuous over the entire length of the repair and be as free as commercially practicable from visual defects such as foreign ineMsions, dry spots, pinholes and delaminating- 3. The City shall locate and designate all manhole access points for the work, provide rights of access to these points. 4. The pipeline to be rehabilitated with the RICIPP liner shall be rendered free of accumulated debris. If the contractor is required to clean the pipe, the CITY shall provide a dumpsite at a sewerage treatment facility. Any hazardous waste material encountered during this contract will be considered as a changed condition. 5. The Contractor, when required, shall provide for the flow of storm water around or through the section or sections of pipe designated for RICIPP rehabilitation. Plugging the line at an existing upstream manhole and pumping the flow into a downstream manhole or adjacent system shall make a bypass. The primary pump, standby pump and the piping shall be of adequate capacity and size to handle the maximum flow experienced in the line. The Contractor shall be responsible for continuity of the storm water system during the execution of the work of this contract. In the event that storm wester backup occurs, the Contractor shall be responsible for cleanup, repair, and property damage costs and claims. 6_ The pipe to be RICIPP lined shall be inspected by a closed circuit television system with video taping capabilities. The inspcction will verify that the pipe is ready to be lined and a copy of the video of the pipe condition shall be kept 1 retained for review and given to the City_ If any condition is found to exist that prevents the lining of the pipe, or that cannot be removed with conventional sewer cleaning equipment, the contractor shall notify the City of the condition and review the tape with the City. If an excavated point repair is necessary, the City shall make the .appropriate repair or the City shall issue written authorization to the contractor to make the necessary repairs and the work shall be paid for as a separate item. 7. The CONTRACTOR will be responsible for contaeting each home or business in elm proximity to the storm sewer to be RICIPP lined. That they will be informed of the work to be conducted and the projected-length of time for the lining. The contact shall be by approved, letter or door hanger 48 hours prior to work beginning on the affected section of pipe. A personal contact shall be made 24 hours prior to work begin ing_ Purchasing and Materials Management Division Page; 33 ADnuat Agreement for Sewer Lice Rehabilitation IN ITATION TO BID 0 B]05 -2sm Cleaning and Video Rewriting S. Resin Impregnation -- The quantity of resin used for tube impregnation shall be sufficient to fill the volume of air voids in the tube assuring no resin loss through cracks and irregularities in the original pipe wall with viscosity eon tro1. A vacuum impregnationprocess shall be used. A roller system shall be used to uniformly tlistributc the resin throughout the tube. 9. Thermocouples shall be placed between the RICIPP tube and the existing pipe wall at the inversion and discharge loeations to monitor the liner temperature. Readings shall be entered on logs that are submitted to the C17Y at the end of each lining. For every five installations, the CITY'S representative will, perform a miscibility test demonstrating that water will not mix with the resin system_ 10. A CONTRACTOR'S representative will remove a small amount of catalyzed resin From the saturated liner, when requested and in the presence of the CITY'S representative, prior to inversion. The material will exhibit the characteristic of an elastic gel. A water mix test will be performed an site, catalyzed resin shall be placed in a jar and an equal amount of water added, the jar sealed and shaken vigorously. The material shall not mix or form an emulsion. If the resin material mixes, the saturated liner tube will be rejeeted.and shall be removed from the site. The rejected liner will be removed from the site and disposed of in accordance to federal, state and Ioeal requirements. A pre -finer will be required and the thickness of the entire eireumferenee of the Iiner will have to sheet or exeeed the minimum thickness required by the owner_ (See Appendix) 11. At the CITY'S request, at no more than 5 tunes per 10 inversions, a CCTV camera shall be inserted into the pipe to be lined and positioned within 10 feet of the inverting tube in the presence of the CITY'S representative. The representative shall view the inversion of the tube from the video monitor in the contractor's CCTV truck. If resin discharge from the tube is observed, the eontractor will immediately stop the inversion and remove the tube from the pipe. The rejected liner will be removed from the site and disposed of in accordance to Federal, State and Local requirements_ 12. Reforming -- After insertion is eompleted, the CONTRACTOR, shall supply a suitable heat source. The equipment shall be capable of delivering hot fluids throughout the section to uniformly raise the temperature of the liner mass to the temperature required to cure the liner. The heat source shall be Fitted with monitors to gauge the temperature and pressure of the fluid injected. 13. Cool down may be aeeompiisbcd by the introduction of eoal water and air or other approved method. 14. During the warranty period, any defects that will affect the integrity or strength of the liner shall be repaired at the CONTRACTOR'S expense in a manner mutually agreed by the CITY and the CONTRACTOR_ 15. The discharge of water from the installation of Liner must not be allowed into any strrfaec area waters. Arrangement can be made to discharge into sanitary sewer lines. 33 SEAN NG RICIIPP AT MANHOLES 1 _ Leakage testing of the pipe shall be accomplished during the cure while under positive head_ .Purchasing and Materials Management Division page; 34 Annual Agreement for Sewer Line Rehabilitation INVITAMN TO SIl) 0 BIW2570 Cleaning and Video Recording 2. If the RICIPP fails to make a leak tight seal, the Contractor shall apply a sealing material at that point. The scal.shall be of a resin mixture compatible with the RICIPP. 3. There shall be no visible leaks in the completed system. During the warranty period, any defects that wilt affect the integrity or strength of the RICIPP or any visible leaks shall be repaired at the CONTRACTOR'S expense: 3.4 INSPECTION 1. The CONTRACTOR shall inV=t all piping to assure that the RICIPP is free from defects in materials and workmanship- 2. Videotape shall he provided to the CITY showing the completed work. The videotape shall include the pre - installation footage, the tube inversion / installation footage (when required) and the post - installation footage. NO [NVOICE WILL BE INITIATED FOR PAYMENT WITHOUT ACCOMPANYING VIDEOTAPE / DVD. 3. RICIPP samples shall meet or excced the specified structural properties of- Property Results Test Method Minimm -a Test Result * Modulus of Elasticity ASTM D-790 250,404 Psi * Flexural Strength ASTM D-790 4,500 Psi 4. Visual inspection of wet out facility and process parameters nolediinspected (i.e., gap setting). •5. Visual inspection of the CIPP shalt be in aeeordance with ASTM F -1216, section 8.6. 6. IR Spectrum fingerprints must be submitted and approved prior to payment. 7_ At least one (1) Miscibility Test will be performed on -site for each five installations. See Appendix. 8. No payments will be made for rejected liner tubes or for liner tubes not meeting this specification requirements including testing. 3.5 DISPOSAL OF DEBRIS 1. Linder no circumstances shall sewage or solids be dumped onto the ground surfaee, streets or into ditches, catch basins or storm drains. 2. The CONTRACTOR shall remove all solids or semi- solids resulting from the operations from the site. Trucks hauling solids or scmi- solids from the site shall be watertight, so that no leakage or spillage will occur. 3. Disposal shall he at a suitable site selected by the CONTRACTOR and approved by the appropriate jurisdictional personnel. Exception being, if the CONTRACTOR is required to clean the pipe, the CITY shall provide a dumpsite at a sewerage treatment facility. Purchasiam and Materials Management division Page: 35 Annual Agreement (" Sewer Lure Rehabilitation INVITATION TO BID # B109- -2570 Cleaning and Video Recording 3.7 END OF PROJECT SUBMITTALS L One videotape copy shall be submitted that shoays the conduit prior to lining, the liner being inverted through the pipe in -situ demonstrating that the resin does not drain out. of the saturated liner tube and the final inspection of the completed conduit lining. 2. Certificates of Authenticity eompliance for each shipment of resin and thickener from the resin manufacturer with an lR Spectrum Analysis of both materials from the contractor, which certifies that all materials meet or exceed ASTM F -1216. 3. Calculations for determining the cured liner tube thickness for each lining shall be submitted prior to installation of the saturated liner tube_ . 4. All submittals shall demonstrate detailed compliance with the provisions of the contract documents. 3.8 PRICING, TIME FRAME AND EXTRA WORK A. All pricing must include pre and post video inspection of storm water lines and all light cleaning necessary to be done before inspection and installation of the RICIPP liner. Prices also to include any or all de- watering and plugging and pumping that might become necessary in the performance ofiob. B. Installation of RICIPP must be done in a timely manner. Work must be initiated, executed and completed in no more than 60 days after Notice To Proceed (NTP).is received by Contractor. The NTP will be preceded by a work order listing locations, costs, pipe sizes etc. C. Extra Work. Contractor may be asked to provide costs associated with the following additional activities on any a site specific basis. 1) Pipe Joint Sealing: To seal Icaking joints in a storm line with chemicals, cementitious grouts etc, 2) Man Hole restorntion / Grouting: To repair, grout or restore (rehab).storm manholes. 3) Storm water pipes in the 6" to 15" dia. range may also be needed for RICIPP lining_. PART 4 APPENDIX 4.1 CHEMICAL THICKENED SYSTEM MISCIBnXrY GUIDELESES Purpose: The purpose is to define properties that the resin / resin- impregnated flexible tube must have to perform effectively and consistently in all field conditions. Scope: All resin / resin - impregnated flexible tube materials used must have the following properties (greater than 1.5 million eentipoises): 1. Must react/ perform in the presence of water. 2. Must withstand submergence in water without degradation (pre -cure and post - cure). 4. Must prevent the passage of water through the sewer pipe joint (infiltration). 5. Must stay at a constant viseosity during reaction period. Purebasing and Materials Management Division Page: 36 Annual Agreement for Sewer Line Rehabititadon INVITATION TO BID # B109 -2570 Cleaniag and Video Recording 6. Must stay in the confines of the host pipe being rehabilitated. 7. Must not produce slugs that require excavation. 8. Shall meet liner thickness per contnuldesign speeifieations (li% to +10 %) measured eight times around the perimeter. 9. Residual must not impede on downstream limes or water tables_ 10. Must withstand internal exposure to sewage/uhemieal specified. 4.2 MISCI;SIL= TEST PROCEDURE 1_ Resin + Chemical Thickener+ Catalyst premixed at wet-out facility. • Fill_ test tube/glass -pint jars half full with material. When mixed in the proper proportions and stored at temperatures above 40F, thickening will be complete in 18 -24 boars. Once thickening is complete (invert test tubeljar: non - flowing), fill the container full with water, replace lid and mix by shaking. Resin system will be imzniseible 2. Resin + Chemical Thickener. • Mix a 50150, by volume, mixture of resin + thickener in a glass -test tube/glass-jar. The mixture will thicken to 1.5MM cps in short time (approximately 15 minutes). Once thickening is complete (invert test tube/jar: non - flowing), fill the container full with water, replace lid/seal top and mix by shaking_ Resin system will be immiscible All samples / waste should be disposed of properly and in according with State and Federal Regulations. For a more scientific approach - quantifying rate of thickening, see TIME -TEST VISCOSITY METHOD (ASTM D -1545) END OF SECTION Purchasing and Materials Management Division page. 37 Annual Agreement for sewer Line Rehabilitation INVi'I'ATION TO BID 4 BIM 2570 Cleaning and Video Recording GROUP II SPECIFICATIONS FOR INJECTION OYFLOWABLE FILL INTO CAVITIES OR VOIDS ALON(; DEFICIENT STORM SEWERS PART GENERAL 1.1 SCOPE OF WORK The CONTRACTOR shall famish all labor, materials, equipment, and tools necessary to inject flowable fill into cavities or voids along a deficient slorm sewer. Contractor is responsible for restoring site work area to original condition upon completion. 1.2 QUALITY ASSURANCE Oualifications: The CONTRACTOR shall have a minimum of three (3) years experience with the means and methods of the materials utilized and the installation procedures. 1.3 REGULATORY REQUIREMENTS The CONTRACTOR shall comply with all applicable laws, rules, regulations or ordinances imposed by all applicable Federal, State, Regional and Local agencies_ 1.4 ITEMS FURNISHED BY THE CITY The CITY will be responsible for the following items pertaining to the work specified herein: A. Necessary local permits. B_ Any repairs and l or unordinary obstruction removal necessary to prepare area for work_ 1.5 WARRANTY Installation: provide a full labor and materials warranty for a period of twenty four months from the date of acceplancc by the City. PART 2 PRODUCTS 2.1 MATERIALS Flowahle fill will be a self-leveling, low - density cementitious back- fill material that attains 104% compaction without tamping or vibrating. It will be capable of replacing compacted soils as a structural fill that drains and is no stronger than the surmunding soil after it has obsained it's ultimate strength. Pumbasing and Materials Management Division Page: 38 Annual Agreement for Sewer Line Rehabilitation WMATIOM TO BID 0 $109 -2579 Ckeatnng and Video Recording PART 3 EXECUTION 3.1 A. PREPARATION The Contractor shall carry out his operations in strict accordance with all OSHA Regulations, and manufacturer's safety requirements. Particular attention is drawn to those safety requirements involving entering confined spaces. In addition, the Contractor shall be responsible for implementing traffic control procedures in conformance with CiWCounry/State standards, depending on the}urisdiction of the roadway, B. DISPOSAL OF DEBRIS Under no circumstances shall sewage or solids be dumped onto the ground surface, streets or into ditches, catch basins or storm drains. 2_ All-solids or semi - solids resulting from the operations shall be removed from the site by the CONTRACTOR. Tracks hauling solids or semi - solids from the site shall be watertight so that no leakage or spillage will occur. 1 - Disposal shall be at a suitable site selected by the CONTRACTOR and approved by the appropriate jurisdictional personnel. END OF SECTION Purchasing and Materials Management Division Page: 39 Annual Agreement for Sewer Line Rehabilitation UTMATION TO BID # BL09 -2570 Cleaning and Video Recording GROUP III SPECIFICATIONS FOR INTERNAL JOINT SEAL (RUBBER) FOR STORM WATER SEWER SYSTEM PART 1 GENERAL 1.1 SCOPE OF WORK A. The CONTRACTOR shall furnish all labor, materials, equipments and tools necessary for the installation of Internal, Joint Seals ( rubber), in existing storm water lines. B. Only one mobilization fee will be paid per work order issued. The fee paid will be based on the largest diameter seat installed or whichever fee is the highest dollar amount within, the work order issued. C. Storm system dewatering and bypass pumping may not be necessary for every Job requiring internal joint seal installations. Dewatering fees will be paid for every storm system that requires dewatering and will be based on the largest diameter of seal installed. D. The CONTRACTOR'S representative and the CITY's representative will agree upon the mobilization fee and dewatering fees (if required) upon issuance of a work order and notiee to proceed. 1.2 QUALITY ASSURANCE/ QUALIFICATIONS A. Installer shall have one (1) year experience with the seal to be furnished and in the work described herein. B. The seal technology f u- nfshed shall have a minimum installed history of three (3) years and require approval by the City. C. Only seal technologies having an approved testing mechanism will be approved. 1 -3 REGULATORY REQUIREMENTS -The Contractor shall comply with all applicable Iaws, rules, regulations or ortfinances imposed by all applicable Federal, State, Regional and Local agencies_ 1.4 ITEMS FURNISHED BY THE CITY The City will be responsible for the following items pertaining to the work specified herein: A. Necessary local permits. B. Some repairs and / or extra - ordinary obstruction removal necessary to prepare line section for work. Purchasing and Materials Maeagetueut Divisiou page: 40 Annual Agreement for Sewer Line Rehabilitation fl+l'VITATION TO BID # BIW2570 Cleaning and Video Recording 1.5 WARRANTY A. Installation: Provide a full labor and materials warranty for a period of two (2) years from the date of acceptance by the City. B. Seals: Manufacturer`s standard warranty. 1.6 SUBAnTTALS AFrERBID OPENING UPON REQUEST A. Submit three (3) copies of manufacturer's technical literature and recommended installation procedures. B. List of equipment to be used. C. Technical data for proposed internal joint seal, including ' application instructions, and product data. D., Acknowledgement that products submitted meet requirements of standards referenced. E. Safety training documentation to be submitted prior to award. F. Copies of joint repair records. 1.7 REFERENCES This specification references American Society for Testing and Materials (ASTM) standard specifications, which are made part hereof by such reference and shall be the latest edition and revision thereof- 1.8 DELIVERY STORAGE AND HANDLING A. Deliver material in manufacturer's original unopened containers with labels - intact_ 1. Rubber membranes shall be individually seated in plastic bass and packaged in a manner that will not damage or deform them. 2. Labels shall indicate comments and expiration date of material. 3_ Membrane shall not be removed from plastic bag until time of use. 4. Membranes shall be stored in a cool t3sy environment away from direct sunlight. PART 2 PRODUCTS 2.1 MATERIALS A. Joint Linen I. EPDM rubber derivative membrane manufactured in accordance with ASTM -- C923. Pumbasiag and Materials Management Division Pte: 41 Annual Agreement for Serer Line Rehabilitation INVITATION TO BM 9 B1092s10 Cleaning and Video Recording a. Material shall be of a resilient EPDM rubber and have a minimum width of 10.5 inehes. b. The volume change of ribber shall not exceed 10 % maximum of original by weight alter immersion in fresh water at 70 ° C for 48 hours. e. Seals must withstand a minimum of 2001b17in. before tearing. 2. Joint Liner Splicing B. Bands: As a test, the seal shall be gripped at a point 6 in. on each side of the splice, and shall be bent in both directions as sharply as possible. The splice shall be capable of passing this bend test without visible separation. No voids or cracks are aLlowed_ Bands for securing rubber membrane across piping joints shall be Type 304 non- magnetic stainless steel, manufactured in accordance with ASTM A16i. 2. Stainless steel bands shall be rolled to the radius of the pipe being renewed. 3_ All shop and field welds to be made by certified welders with a minimum of 2 years experience on Type 304 alloy. 4. Weld wire to be T -308 AWS class A5.9. Field welds are to be made with coated electrode 308f308H, AWS class A5.4. 6. All material specifications to be certified_ C. Cement Mortar: For pipe joint scaling and preparation shall be fast setting type and in accordance with ASTM -C 150. A Liquid Joint Lubrication: Liquid joint lubrication to assist in installation of the rubber membrane and bands shall be non-toxic vegetable based. 2. It shall not deteriorate in storage (2 years); work well from 00 to 120° F; shall not adversely affect synthetic rubber gaskets_ 3.. It shall not be petroleum based and shall not support growth of bacteria. Pumcbasing and Materials Managemeot Division page: 42 Annual Agreement for Sewer Line Rebabititationt E9ViTATION TO BID # B109 -257o Cleaning and Video Recording PART 3 EXECUTION 3.1 PREPARATION A. Safety - The CONTRACTOR shall carry out his operations in strict accordance with all OSHA Regulations, CITY Confined Space Program, Fall Protection Program, and manufaeturces safety requirements. Particular :attention is drawn to those safety requirements involving entering confined spaces. In addition, the CONTRACTOR shall be responsible for implementing traffic control procedures in conformance with CITY/County/State standards, depending on the jurisdiction of the roadway. B. Prior to fitting, seals should be given a good visual examination, if quality of material construction is in doubt, the seals must not be used_ 3.2 CLEANING A. Storm water lines shall be cicared of all debris, roots and other materials that would hinder proper insertion of the liner by the CONTRACTOR. B. All material loosened by the cleaning operations shall be removed at nearest manhole. C. All surfaces of the structure shall be cleaned with high-pressure hydro jet sprayer with an operating pressure of at least 3500 psi, Q. Structure shall then. be pressure rinsed with water. E. Prevent damage to pipeline, if damaged, it should be repaired at no cost to the City. F. Television lnsveetiom I . Storm water line sections to be lined shall be TV inspected with a video recording by the CONTRACTOR, noting locations of all obstructions. 2. No lining shall be performed until the storrnwater Ime has been properly prepared. If the stormwater line is unacceptable for internal joint: sealing, the CONTRACTOR shall review. the TV inspection report and determine the location(s) where spot repair(s) or additional cleaning is required. The CONTRACTOR shall perform additional cleaning where neecssary_ 3.3 JOINT PREPARATION A. The area of the pipe where the actual "lip seals" make contact, must be prepared to provide a consistent, permanent seal_ B. All imperfections on scaling surface must be removed by scraping or grinding, C Any "deep" imperfections shall be properly filled to the full depth with a non - toxic, quick setting, joint filler (plaster or cement mortar) and rendered "flush" with internal surface of pipe. - Purchasing and Materials Management Division Page: 45 Annual Agreement for Sewer Line Rehabilitation INV.ITAITON TO ,91i1 #F Biog -2570 Cleaning and Video Reeording D. The pipe should be pre - marked with grease chalk to define preparation areas clearly. E. In rase of concrete pipes, it may be neeessary to apply a eoat of approved epoxy to the preparation area where the seal will be placed, and/or inject joints with chemical grout to stop water intrusion. 3.4 SURFACE PREPARATION Immediately prior to fitting the seal, the area must be cleaned with a dry brash, and coated with lubricant. Lubricant shall be non -toxie (vegetable based), and "hand applied" so as not to pick up any dirt. 3.5 POSITIONING THE SEAL A. Before fitting the seal in place, check to see it is not damaged and test unit is tight B. Using chalk marks as guides, position seal accurately on the prepared area, bridging the joint gap. C. Locate test unit in the. seal at 4 o'clock or 3 o'clock position; parallel to the joint gap. 3.6 POSITIONING RETAINING BANDS A. Place three stainless steel bands in the "grooves" provided in the seals. This will transmit the "radial load" evenly to the seal as bands expand. B. Lock the bands temporarily in position and cheek for proper aligrsment before final tightening of band. C. Tighten bands to the manufacturers recommended torque. 3.7 PRESSURE TESTING A. Inlernally sealed areas shall be individually pressure tested. B. In test 1, used on each section of the pipe after 30 minutes of fitting the seal, a pressure of 10 psig is applied to the seal and a soap and water solution is used to detect any leaks. C. To prevent excessive ballooning of the center membrane, a restraining device is locked on its expanding; position during testing. D. In test 2, a pressure of S prig is applied to the seal through the test valve and maintained, while a soap and water solution is used to detect leaks. E. Following the tests, the test valve of the seal is plugged. Purchasing and Materials Management Division Paget 44 Annual Agreement ror Sewer lame Rehabilitation M VITA TON TO BED # B109 -2510 Cleaning and Video Recording 3.8 INSPECTING After the work is completed the Contractor shall provide the City with a videotape or DVD showing the completed work, including, the restored conditions. Extremely Iarge diameter pipe will require the use of a handheld video camcorder for post - installation verification_ Smaller diameter pipe shall have the post - installation verification done with CCTV recording equipment. NO INVOICE WILL BE MTIATED -POR PAYMENT, WITHOUT ACCOMPANYING VIDEOTAPE. 3.9 DISPOSAL OF DEBRIS A. Under no circumstances shall sewage or solids be dumped onto the ground surface., streets or into ditches, catch basins or storm drains. B. All solids or semi - solids resulting from the operations shall be removed from the site by the CONTRACTOR. Trucks hauling solids or semi - solids from the site shall be watertight so that no leakage or spillage will occur, C. Disposal shall be at a suitable site selected by the CONTRACTOR and approved by the appropriate jurisdictional personnel. END OF SECTION Purchasing and Materials Management Division page; 45 Annual Agreement for Seiver Line Rehabilitation EMTAT10N'TO $11) P Dto9 -2570 Cleaning and Video Recording "NO BID" RESPONSE TO INVITATION TO BID CITY OF ORLANDO, FLORIDA PURCHASING AND MATERIALS MANAGEMENT DIVISION City Hall at One City Commons 400 South Orange Avenue P.O_ Box 4990 Orlando, Florida 32902 -4990 If your firm is unabla to submit a bid at this time, would you please provide the information requested in the space provided below and return to; City of Orlando, Florida Purchasing and Materials Management Division City Hall at One City Commons 400 South Orange Avenue P.O. Box 4990 Orlando, Florida 32802 -4990 We have received Invitation To Bid No. B109 -2570, opening at 3:04 p.m., Local Time, City of Orlando, Florida, on Monday, September 14, 2009. Reason for not bidding: M Signature Name & Title, Typed or Printed Company blame Purchasing and blsterials Management Division Page: 46 Annual Agreement for Sewer l ine Rehabilitation INVITATION TO Bib # BIDY -2S70 CIeaning and Hideo Recording GENERAL CONDITION$ BIDDER: To insure acceptance ofthe bld, iblloty theW h0ructiuns. 1. EXECUTION OF BID; Rid must contain amarumisignaturcofanseuavidz edreprescntativein the spaceprovkhxL 2. SEALED SIDS: All bids must besubmiticd in a scaled envelope The rmc of the cnvclolsc shall contain ibe date and time of the bid opening and the bid number. Bkb not 3ubmit0od on the City's bid forntss may be rejected. All bidsr ate subject to the conditions specified herein and on arty attached shttt; speei0ealiam, special conditions or v ndar notes 3, NO BID FORM: In the event you de a -not do bid this requitement, respond by returning this farm, marking it 'NO BID` and the reason aterefar. NOTE: To qualify as a respondent, bidder must submit a "BID" or "NO IMD" and it must be received no later tbaa the stated bid opening date and time. 4, BID OPENING: Shall be public, on the dale and at the lima specified on Ac bid fomt. It is the b-r Oat %spomiibility to asstzzc shat his hid is delivered at the proper litre mid place of the bid opening; Bids which for any Wesson arc not so delivered, will not be raumed but will be retained in the "Alt) FILE' unopenul. Offers by telephone ror a sealed bid cannot be accepted. A Tek mm Rid may be accclplod only at the disuction of and with prior approval of the Vkoclor orNrc6ing S. PRICES, TT:l;AM and PAYA"T: All prices must be firm for the deli" schedule quoted hernia. Bids stipulating "Price in erred at time of chi rncnt" or other similar canditiam will be constricted not responsive to the bid knriwion and will not be accepted. All prices shall be quoted I O.II. dclivcsed to any City of Orlaodu DcpaRmcnt unk�s othcrwisa slipudued in the bid invitailm Bidder is requested to offer Cash dmteum for prompt invoice payment. It is the policy oflhc City orbrlando 10 stroke paymcnu or irnroiocs its time to cam any orftmd Cash d'tscoumt. Discount lime will be computed from the date ormikractary delivery out place or acecplz or rrom tmcipt of correct invoice at !hc Fircatce Department artier wdrlchever is later. a) TAXES: The City orod2ndo dc= not pay r-cdcral cccLw and Stow sales Wxtt Our sax ctcmption number is 58- 17- 94438-54C and is aim etipulaled on all our Pvreham Orders. h) POLITICAL SVRDIVISIONS: Under Florida Law, prices contained in S6uc Corttracls shall be available to She City of Orlando, who miglrl wish to purchase undcr a Slate irttrCbSiC CoatrreL The City of Orlando therefore reserves the right to pumbasa any commodities from a State Purchase Comra Cl if in the best interest Of the City- q) M]ST.tKES: Bidders are expected to examine the specifications, delivery schedules, but priers, and all kmarwiioe9 pertaining to supplies and services. F.Aurcta do so will ba a biddtr!s risk. d) C0140MON and PACKAGING, It is understood and abnred that any item ofiaed or shred as a cmult or'tbis bid %ball be taw {cancan producllon osndrrl at the lime of this hid). All containers shall be wtt blc for storalp o[ shipmesu, and all prices shall include starxlard commercial Packaging. e) SAFETY STANDARDS- Unless athcmise stipulated in the bid, all manufacturud nuns and faMcmal. ass utblics shall comply uAlh ppoicable roluiru nent_s of ()ccupltiorwi 5afctynnd I lealth /let and any siandnds thereunder_ f) AfAWONG: flash individual can>airwr shall be mat ed with the brand name or the producti quantity nrd the na=and addrm ofthe manufaeturam Etch shipping container shall icctude the name ofthc «dur and roust also chmdy indicate the City orOrlando P urrha cOrder Number. g) INVOICIING and PAYNIFNT: The: supplier shall he laid upon submission of invW= So: The Accounts Payable Section, City orOrktndo, 41D6 South Orange Avmur, Orlando, Florida 32801. imoir_cs arc to be billed at thaprices stipulated on the purchase order and as outlined in this bid, All invaices most show the Oily of Orlando Purchae, Order Number_ 4. CONFLICT OF INTERESra 'ft award harcundct is subject to Chaplex 112, Florida Statutm Ali bidders must disclose with their bid the name ofany o (licer, director, err agent who is also an errsploym of the City, of Orlando. Funkier, all bidiiers must disclose the ttamu or any City of Orlando employee who owns; directly or indiratly, an interest often pereotl (I MIR or mom of the hidders firm or nay of its bnrrtchem 7. AWARD& As the best interest of the City arOriando may requim the tight is rewYed to raaltc ar u s) by individual items,, group of itt as, 211 or none, or o combination thcreaf, with one or emcees suppliers; lorciccl any ail bids or waive any inforsrtality or rechnicality 1% bids received. 8. INSPECTION, ACCEPTANCE, and TITLE: lnsptxtion and acceplancer will be at destination unless otbrawisc stipulated. Title and risk or loss or dansage to all items shall be thertsponsibilily orthcshipper (%=War) until accepted by the using dejwmcar ofthc City of Orlando, unhss less of drmagr results from negligence by the Oily of Orlando or its Departraerrts 9. OISPLFrES: In case of any doubt err difrerences or opinion as to the items to he fiunishod herraadex, the decision of the City of Orlando Director of Purchasing shall be final and bindingon both panics. 10. LEGAL REQUIREMENTS: Federal, State, County and local laws- ordinance miss and ecbwlations that in any moaner affect the itcm(s) covered herein appty, Tack of iznowicllge by the. bidder %v ill in noway be cause for mlicf from resport iWily. 11. LIABILITY: The vtndar shall hold and save: the Ci y or Orlando, Its offirccrs, agerru and employees harmless @om liability or soy kind in the pesfarmance afar fulfrtling the 1equiretrxnt5 Orthe PurehaaeOrdc(` which may ra1111 from this hid NOTE_ ANY AND ALL SPECIAL CONDITIONS ATTACHED WERCrO WHICH VARY FWAI THESE GENF,RAL CONFI)MONS SHALL IIAVEPRECEDENCF_ DirwProfPurehnshsg,Cityarorxndo Purchasing and Muterials Management Division Page: 47 annual Agreement for Sewer Line Rebabilitatioa INMAT[ON TO BID # BI09-2570 Cleaning and Video Recording SPECIAL CONDITIONS 1. RECEIPT OF BIDS - DUE DATE: a. Sealed bids in an original and one {I} copy shall be submitted to the Office of the Director of Purchasing no later than 3:00 p.m., Local Time, City of Orlando, Florida, on Monday, September 14, 2009. Bids will not be aeeepted after this time and date. b. Each bid shall be submitted in a sealed envelope prior to the time estahlished for opening of bids, and the envelope shalt be marked with the bid number, title of the bid, and bid opening date. e. If submitted by mail, the envelope shali be enclosed in another envelope addressed to the Purchasing and Materials Management Division Manager. If submitted otherwise than by mail, it shall be delivered to the Purchasing and Materials Management Division Manager. d. Sealed bids are to be addressed as follows for either mail or hand delivery: Rhonda Scott, C.P.M., CPPO, FCCN Purchasing and Materials Management Division Manager City of Orlando Purchasing and Materials Management Division City Hall at One City Commons 400 S. Orange Avenue - Fourth Floor P.O. Box 4990 Orlando, Florida 32902390 e. Bids submitted by mail must be received in the Purchasing and Materials Management Division Manager by the time specified herein for the opening thereof: 2. WITHDRAWAL OF BIDS: Bidders may withdraw a bid after it has been deposited with the Purchasing Office any time prior to the stipulated time for opening the bids_ 3. EVALUATION OF BID AWARD: The City reserves the right to award the bid to the lowest responsive and responsible bidder who submits the bid meeting speeifreations most advantageous to the City. The City further reserves the right to eonsider matters such as, but not limited to, quality offered, delivery terms, and service reputation of the bidder, in determining the most advantageous bid. Pur¢basing-and Materials Management Division Page: 48 Annual Agreement For Sewer Line Rebabititation INVITATION TO DID # RI09 2570 Cleaning and Video Recording 4. BIDDER'S CERTIFICATION FORM: EACH BIDDER SHAT L COMPLETE THE "BIDDER'S CERTIFICATION" FORM INCLUDED WITH THIS INVITATION TO BID, TIM FORM MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC WITH NOTARY SEAL AFFIXED ON THE DOCUMENT: THE FAILURE OF A BIDDER TO INCLUDE THIS DOCUMENT WITH THEIR BID SUBMITTAL WILL BE CAUSE FOR REJECTION OF THE BID. S. AMENDMENTS: It is the bidder's responsibility to contact the purchasing and materials management division prior to submitting a bid to ascertain if any addenda have been issued, to obtain all such addenda, and return executed addenda with the bid. If you have downloaded this bid from the intemet, please ensure that you also download all such addenda. The failure of a bidder to submit acknowledgment of any addenda that affects the bid price(s), is considered a major irregularity and will be cause for rejection of the bid. 6. "NO BID" RESPONSE FORM: In the event you elect not to bid on this requirement, please fill out and return the attached "No BID" form; 7. EXCEPTIONS TD TERMS AND CONDITIONS: When completing your bid, do not attach any forms which may contain terms and conditions that conflict with those listed in the City's bid document(s). Inclusion of additional terms and conditions, such as those which may be on your company's standard forms, may result in your bid being declared non - responsive. 8. PERIOD OF OFFER VALIDITY: Prices quoted in the bid must remain open for a period of ninety (90) days from the date of bid opening. 9. FAMILIARITY WITH SITE CONDITIONS: The responsibility for the determination of accurate measurements, the extent of work to be performed, and the conditions surrounding the performance thereof shall be the bidder's. Submission of a bid shall constitute acknowledgment by the bidder that he is familiar with all such conditions. The failure or neglect of a bidder to familiarize himself with the site of the proposed work, shall in no way relieve him from any obligations with respect to his bid. Purchasing and Materials Management Division Page: 49 Annual Agreement for Sewer Line Rehabilitation INVUATION TO BID # BIW2570 Cleaning and video Recording 10. RIGHT TO AUDIT RECORDS: The City shall be entitled to audit the books and, records of the Contractor or any sub - contractor to the extent that such books and records relate to the performance of the Agreement or any sub - contract to the Agreement. Such books and records shall be maintained by the Contractor for a period of five (5) years from the date of final payment under the Agreement and by the sub - contractor for a period of five (5) years from the date of final payment under the sub - contract unless a shorter period is otherwise authorized in writing. 11. FISCAL YEAR FUNDING APPROPRIATION: a. Specified Period Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interest of the City, provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period at the time of contract. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation by City Council of funds therefor. b. Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the contractor shall be entitled to reimbursement for the reasonable value of any nonrecurring cost incurred but not advertised in the price of the supplies or services delivered under the contract or otherwise recoverable. 12. AWARD OR REJECTION OF BIDS: The contract will be awarded to the lowest most responsive and responsible bidder eornplying with all the provisions of the Invitation to Bid, provided.the bid price is reasonable and it is in the interest of the City to accept it. The Director of Purchasing reserves the right to reject any or all bids and to waive any informality in bids received whenever such rejection or waiver is in the interest of the City. The Director of Purchasing also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid of a bidder who investigation shows is not in a position to perform the contract. In determining responsibility, the following other qualifications, in addition to price, will be considered by the Director of Purebasing: a. The ability, capacity and skill of the bidder to perform the service required. b. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference_ c. The eharacter, integrity, reputation, judgment, experience and efficiency of the bidder. d. The quality of performance ofprevious contracts or services. Purchasing and Materials Management Division Page: 50 Annual Agreement for Sewer Line itehahititation INVITATION TO BID # BI09 2579 Cleaning and Video Recording e. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service f The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service. g. The quality, availability and adaptability of the supplies, or services, to the particular use required. h. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract. i. - Whether the bidder is in arrears to the City on a debtor contractor is a defaulter on surety to the City, or whether the bidder's taxes or assessments are delinquent. Sueh other information as may be required or secured. 13. . QUESTIIONS REGARDING SPECIFICATIONS OR BIDDING PROCESS: a. To ensure fair consideration for all bidders, the City prohibits communication to .or with any department, bureau, or employee during the submission process, except as provided below. Additionally, the city prohibits communications initiated by a bidder to any City-Official or employee evaluating or considering the bidder (up to and including the Mayor and City Council), prior to the time nn award decision has been made, Any communication between bidder and the City will be initiated by the appropriate City Official or employee in order to obtain information or clarification needed to develop a proper, accurate evaluation of the bid. Such eotrurtanications initiated by a bidder shall be grounds for disqualifying the offending bidder from consideration for award of the bid and/or any future proposal. b. Any questions relative to interpretation of specifications or the bid process, shall be addressed in writing as indicated below, in ample time before the period set for the reeeipt and opening of bids. No inquiries, if received within ten (10) days of the date set for the receipt of bids, will be given any consideration. Any interpretation made to psuspeetive bidders will he expressed in the form of an addendum to the spccifieations which, if issued, will be conveyed to all prospective bidders no later than five (5) days before the date set for receipt of bids. Oral zanswers will not be authoritative. e. It will be the responsibility of the bidder to contact the Purchasing and Materials Management Division prior to suhmitting a bid to ascertain if any addenda have been issued, to obtain all such addenda, and return executed addenda with the bid. Purchasing and Materials Management Division page: 51 Annual Agreement for Sewer Une Rehabilitation INVITATION TO BID # B109 -2570 Cleaning and Video Recording d. Direct inquiries to: Connie Royer, CPPB, Purchasing Agent DI City of Orlando Purchasing and Materials Management Division City Ball at One City Commons 400 South Orange Avenue P.O. Box 4990 Orlando, Florida 32802 -4990 (407) 246 -2367 Fax (407) 246 -2869 Website: http: / /www.cityoforlando.net Comm[e.RoyeK@citYoforlandomct 14, BIDDER'S SIGNATURE: Florida law requires that when a municipality enters into a contractual agreement with a corporation licensed to do business in the State of Florida, such agreement shall be signed by two (2) Corporate Officials (i.e., President, Vice President, Secretary, Treasurer) with the corporate seal affixed_ It is also required that such execution be acknowledged before a Notary Public with Notary Seal affixed. If neither the aforementioned eorporate officers nor the corporate seal are readily available, a Setter of authorization can be submitted in lieu of these requirements. Such letter of authorization must be on the corporate stationery, must clearly state that the person who signed the referenced agreement is duly authorized to enter into such agreement on behalf of the corporation and must be sighed by the corporate officials designated above. Failure to submit letter of authorization within two (2) weeks after notification of award may result in award to the next apparent low bidder. In the case of a Partnership, the agreement must be signed by a genial or managing partner and notarized as outlined above. In the case of a sole proprietorship, the owner must sign the agreement and have such execution notarized. If you have any questions regarding the execution of the signature page, please feel free to contact the Purchasing Department at (407) 246 -2291 for Further clarification. Strict adherence to criteria outlined above is of the utmost importance in finalization of agreements awarded to successful bidders. 15. SELECTIONIREJECTION OF OPTIONS: The City of Orlando reserves the right to select/reject options bid, based on price deemed to be in the best interests of the City. Purchasing and Materials Management Division Page: 52 Annual Agreement for Server Line Rehabilitation INVITATION TO BID # BI09400 Cleaning and Video Recording 16, SUBMITTAL OF BIDS: Bids shall be submitted utilizing the bid form(s) provided herein. All bids shall be properly executed with all blank spaces Titled in. The signatures of all persons signing shall be in longhand. Erasures, interlineations, or other corrections shall be authenticated by affixing in the margin immediately opposite the correction the initials of a person signing the bid. If the unit price and the total amount maned by a bidder for any item are not in agreement the unit price alone shall be considered as representing the bidder's intention, and the totals shall be corrected to conform thereto_ 17. BID TABULATION: Bidders may request copies of the Bid Tabulation documents in person or by sending a stamped, self-addressed envelope with the bid. 18. BID INFORMATION: It is incumbent on the bidder to check the City of Orlando website at www.ciLvororlando.com for, current bid and award information, prior to and after the scheduled opening date of a solicitation. Bidders may also contact the Purcbasing and Materials Management Division in accordance with the instructions provided herein. 39. APPLICABLE LAW This Invitation to Bid is issued in aecordance with and shall be governed by the provisions and proeedures of Chapter 7 of the City of Orlando's Code which can be accessed online at. htip_/ fwww, ciiyoforland6 .net/adiiiin/purchasin {chttntefJ ti Any appeal of matters relating to this solicitation must be Tiled in accordance with the requirements of Chapter 7 of the City Code. 20. BUDDER QUALIFICATION: Bids will be considered from fimts who have adequate personnel and equipment and who arc so situated as to perform prompt service, and who maintain the regular business hours of 8 a.m. to 5 p.m., Monday through Friday, execpt for City holidays. The City reserves the right to conduct an inspection of the bidder's facility and equipment prior to the award of the Agreement. Bids will be considered only from firms which are regularly engaged in the business as described in this bid package; with a record of performance for a reasonable period of time, which have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the service if awarded an Agreement under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practice in the industry and as determined by the City. Purchasing and Materials Management Division Page; 53 Annual Agreement for Sewer Line Rehabilitation INVITATION TO BID 4 B109 -2574 Cleaning and Video Recording 21. PRE -BID CONFERENCE: A pre -bid conference will he held for review of joh site and to discuss pertinent questions - answers, etc. Any additions to specifications derived from the pre -bid conference will be addressed in the form of a bid amendment to all bidders. 22. FAILURE TO EXECUTE AGREEMENT: Failure of the successful bidder to accept the Agreement as specified may be cause for cancellation of the award. In the event that the award is eancelled, the award may then be made to the second lowest responsive and responsible bidder, and such bidder shall fulfill every stipulation embraced herein as if he were the original party to whom the award was made; or the Director of Purchasing may reject all of the bids. Contraetors wbo default are subject to suspension and/or removal from. the Bidders List. 23, TRADE NAMES: In cases where an item is identified by a manuia2eturer's name, trade name, catalog number, or reference, it is understood dtat the bidder proposes to furnish the item so identified and does not propose to famish an "EQUAL" unless the proposed "EQUAL" is definitely indicated therein by the bidder. The reference to a name brand is intended to be descriptive but not restrictive and only to indicate to the prospective bidder articles that will be satisfactory. Bids on other makes and catalogs will be considered provided each bidder clearly states in his bid or proposal exactly what he pruposcs to furnish and forwards with his bid a cut illustration or outer descriptive matter which will clearly indicate the character of the article covered by his bid. The City hereby reserves the right to approve as an equal, or to reject as not being equal, any article the bidder proposes to furnish which contains major or minor variations from the specification requirements but may comply substantially therewith- If no p-,uticular brand, model, or make is specified and if no data is required to be submitted with the bid, the successful contractor after award and before manufacturer or shipment may be required to submit working drawings or detailed descriptive data sufficient to unable the City to judge if such requirement of the specification is being; complied with. 24. DISCOUNTS: Bidders may offer a cash discount for prompt payment; however, such diseounts shall not be considered in determining the lowest net cost for bid evaluation purposes. .Discount will be computed from the date of satisfactory delivery at place of aceeptartce or from receipt of correet invoiee at the office specified, whichever is later. Bidders are encouraged to reflect cash discounts in the unit priees bid. Purchasing and Materials Management DivMon Page: 54 Anupal Agreement for Sewer Line Rehabilitation INVUATION TO BID 0 B109 -2570 Cleaning and Video Recording 25. EXECUTIOlY OF AGREEMENT: The successful bidder shall, within fifteen (15) calendar days after Notice of Award is issued by the City of Orlando, Purchasing and Materials Management Division, enter into a contract with the City on forms as included within the bidding documents for the performance of work awarded him and shall simultaneously provide any required bonds, indemnities and insurance certificates. Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award. 26. PUBLIC E ITY CRIMS: A person or affiliate, as defined in §287.133 of the Florida Statutes, who has heen 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 =a[ 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 husiness with any pubic entity in excess of the 1hreshold amount provided in §287.01 of the Florida Statues for CATEGORY TWO, for a period of 36 months from the date of being placed on the convicted vendor list. 27. FLORIDA, PROMPT PAYMMIXT ACT: 1. Proper Invoice For purposes of billing submission and payment Procedures, a "proper invoice" by a contractor, vendor or other invoicing party shall consist of at least: all of the following: a. a description. (including Quantity) of the goods and/or services provided to the City (or a party on behalf of the City) reasonably sufficient to identify it (or them); b. the amount due, applicable discount(s), and the terms thereof; e_ the Ball name of the vendor, contraetor or other party who is supplying the goods and/or services including a mailing address in case of a dispute and a mailing :redress for payment purposes (if they are different) and a telephone number, d. the Purchase Order or Contnact number as supplied by the City; and e. an identification by Bureau, Office or Department of the party(ies) to whom the goods were delivered or services provided. All invoices, in order to be classified as a proper invoice, shall be delivered to Accounts Payable, Finance Department, City of Orlando, 400 South Orange Avenue, P.O. Box 4990, Orlando, Florida, 32802 -4990. Purchasing and Materials Managerneint Division Page: 55 Annual Agreement Fir Sevier Line Rebabititation IlMTAT.IQN T4 I31:1D # BIU7 ZS70 Cleaning and Video Recording Finally, in addition to all of the above, in order to be considered a proper invoice„ it must be based on a proper delivery, installation, or provision of the goods and/or services to and acceptance by the City (or party on behalf of the City); the vendor, contractor or other party who is supplying the goods and/or services has otherwise complied with all of the contract's terms and conditions and is not in default of any of them; and if the contract requires any subcontractors or other parties to be bound by similar other "flow- down" requirements that those requirements have been complied with. 2. Dispute Resolution In the event a dispute occurs between a contractor, vendor or other invoicing party ( "invoicing party ") and the City concerning payment of an invoice, the City Department, Office or Bureau which has the dispute along with a representative of the City's Purchasing and Materials Management Division and the invoicing party shall meet to consider the disputed issues. The invoicing party shall provide to the City such material and information as the City may reasonably require. Any such procedure shall be initiated by either party notifying the other in writing of a dispute and stating with specificity its nature_ This procedure shall commence not later than forty -five (45) days, and be resolved not later than sixty (60) days, after the date on which the proper invoice was received by the City. Any decision by the Director of Purchasing shall constitute the final decision of the City regarding these matters and shall be communicated in writing to the invoicing party within three business days after such decision. If no decision is rendered within the time period as set out above, then a decision against the invoicing party shall be deemed to have been issued. 28. BIDDERS WARRANTY: The Bidder warrants that no one was paid a fee, commission, gift4 or other consideration contingent upon rcecipi of an award for the services and/or supplies specified herein. 24. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: At the option of the awarded vendor, the submission of any bid in response to this Invitation to Bid constitutes a bid made under the same terns and conditions, for the same contract price, to other governmental agencies including the State of Florida and its agencies, political subdivisions, counties and cities. Each governmental agency desiring to aeeept these bids, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials ordered and received by it and no agency assumes any liability by virtue of this bid, 30. INSURANCE/PERFORMANCE BONDS: "Insurance and Performance Bond coverage required by the Agreement (Section VI, Sub - section F) and the Special Conditions (Item 40) respectively, must be in force throughout the Contract term. Should a Contractor fail to provide acceptable evidence of current insurance and/or a Performance Bond within seven (7) days prior to the expiration date of an insurance policy or bond at any time during the Contract terra, the City shall have the absolute right to terminate the Contract without any further obligation to the Contractor. Purchasing and ;Materials Management,Division page; 56 Annual Agrement for Sewer Line Rehabilitation INVITATION TO BIC3 # BI09-2570 Cleaning and Video Recording The Contractor shall be liable for the entire additional cost Ofprueuring performance and the cost of performing the incomplete portion of the Contract at the time of termination. 31. DRU l«REE WORKPLACE CERTIFICATION: By submitting a bid in response to this Invitation to Bid, you are certifying that your company is a drug -free workplace in accordance with Florida Statute §287.087. 32. AM[ERICANS WITH DISABILITIES ACT: Persons with disabilities Breeding a special accommodation to participate in this proceeding should contact the Purchasing & Materials Management Division, City Hall at One City Commons, 400 South Orange Avenue, P.O. Box 4990, Orlando, Florida 32802 -4990, telephone (407) 245 -2291, not later than SEVEN (7) days prior to the date on which the accommodation is requested. 33. PI C14ASING CARDS: City of Orlando has implemented a Purchasing Card Prograttt to streamline our procurement process. In order to expedite payments to our suppliers, we are using The Bank of America VISA Purchasing Card rather than the traditional Field Purchase Order. By making purchases with the Purchasing Card, we can more effectively control our procurement activities and achieve a significant cost savings over our current paper pumbasinglpayment system. As one of the City of Orlando's valued suppliers, your business can also achieve cost savings results by accepting our Purchasing Card. Some of the identified supplier benefits of this Progmm are: • Payment within 48 -72 hours • Direct electronic deposit to your primary banking account • Increase in working capital - • Elimination of invoicing + Reduced collection efforts * Enhanced corporate relationships • Reduced billing costs + Enhanced reporting • Increase sales as a "Preferred Supplier" Additionally, you will be able to grow your customer base by accepting purehasing cards from other corporate customers as well as all major credit cards. Payments made to the successful bidder or proposer of this solicitation process will quite possibly be by use of a VISA Purcbasing Card. Therefore, it is imperative that vendors doing business with the City accept VISA. Purchasing and Materials Management Division Page: 57 Annual Agreement for server Line Rehabilitation INWITATION TO BID # B109 257a Cleaning and Video Recording The City's Purchasing Card system is controlled by the magnetic strip on the back of the card. This magnetic strip will provide needed accounting information to the City and will also restrict the use of the card to eertain suppliers and limits set by the City. A magnetic strip card reading terminal is necessary to perform this function. If you already accept VISA, you probably have such a terminal. If you do not accept VISA, please contact any bank that offers the VISA program. 34. LIVING WAGE POLICY: All covered service contractors, as well as their subcontractors, shall pay to all of their employees providing services pursuant to a contract with the City, a living wage for the time spent providing covered services to the City. (This provision does not include general administrative pe=rmel unless they are assigned to a City project.) "Living wage' means compensation for employment of not less than $8.50 per hour for straight time, exclusive of RICA, unemployment taxes, and workers compensation insurance and employee benefits. Necessary payroll documentation shall be provided to confirm compliance with this provision or the service contractor shall allow the City to audit (at service contractor's place of business) its paymll records to determine if compliance has been achieved. Failure to comply with the provision may result in termination of the contract and/or preclusion from future City contracts_ This provision shall apply to all bid and proposal awards for services, which. involve City expenditures that exceed $100,000.00 per year_ More particularly, this provision shall apply to single and multiple award contracts for services regardless of the initial value of the award whenever City expenditures exceed $100,000.00 in any one - contract year. As for multiple award contracts (contract award which will be divided among several contractors), at the point when die City has expended $I00,000.00 on that contract in any one contract year, regardless of whether such expenditure was to one contractor or several contractors, then the living wage provision shall apply to all contractors who are a party to that award. For those contracts whose initial value was less than $100,000.00 but exceeded $100,000.00 prior to the end of the contract term, this provision will be applicable to that contract in the next quarter. To further clarify, the Living Wage policy does not apply to part lime employees, nor the part time employees of all subcontractors. Furthermore, the workers of temporary employment agencies are not covered by the City's Living wage Policy. 35. RECIPROCAL LOCAL PREFERENCE: In the event the most responsive and responsible response to any Invitation to Bid or Request for Pruposal is by a vendor wbosc principal place of business is in a county Which grants a preference for the procurement of such goods or services to a vendor whose principal place of business is in such county, then the City may award a preference to the (next) most responsive and responsible vendor having a principal place of business in the Metropolitan Statistical Area, (i.e., Orange, Seminole, Lake and Osceola Counties). Such preference shall be equal to the preference granted by the county in which the most responsive and responsible vendor has its principal place of business. Purchasing sad Materials Management Division Page: 58 Annual Agrement for Sewer Line Rehabilitation INVITATION TO BID 9 8109 -2578 Cleaning and Video Recording 36. EMERGENCY SUPPORT: it is hereby made a part of this Invitation for Bid that before, during and after a public emergency, disaster, hurricane, flood, or other acts of God, that the City of Orlando shall he provided goods and services on a first priority basis. it is vital and imperative that the majority of citizens are protected from any emergency situation which threatens public health and safety, as determined by the City. Vendor I Contractor agrees to provide / rent / sell / ]case all goods and services required by the City on a first priority basis. The City expects to pay a fair and reasonable price for all goods and services in the event of a disaster, emergency or hurricane, Vendor/ Contractor shall furnish a twenty -four (24) hour phone number in the event of such an emergency. 37. MULTIPLE AWARDS: The City reserves the right in its sole discretion after evaluation ofall responsive bids, proposals or qualification statements to award the work described herein to more than one responsive bidder, proposer or respondant. In such case, by the terms of the final Agreement entered into with the City for the work or by a separate written notice from the City, the City shall designate one or more of the bidders, proposers or respondants selected for award as the primary provider(s) and the remaining providers selected for award as secondary or alternate providers. In such cases where an award is made to more than one responsive bidder, proposer or responder, the City shall apportion the work among the various primary, secondary and alternate providers in such manner and at such time as it deems appropriate under the circumstances in its sole discretion and no minimum amount or proportion of work is guaranteed to any single provider or class ofproviders irrespective_ of such provider's designation as primary, secondary or alternate. 38. SUBCONTRACTORS: The Contractor shall have the right to employ subcontractors provided, however, that the Contractor shall_ 1) inforxt the City as to what partieular services the subcontractors shall be employed to do; 2) inform the City as to what extent (what percentage) of 'the total Project Services each subcontractor shall be employed to do; 3) be solely responsible for the performance of all of its subcontractors including, but not limited to, their maintenance of schedules and performance of . services, and the resolution of all contract disputes; 4) terminate the use and serviecs of any subcontractors upon receipt of written notice from the City (which may be made for the City's convenience); 5) promptly replace each such terminated suhcontractor with a subcontractor of comparable experience and expertise; 6) cause a subcontractor to remove any employee(s)from a Project at the City's request (again for the City's convenience), 7) assure that such employees) shall be promptly replaced by other employee(s) of comparable experience and expertise. It is also understood that the City does not, by accepting a subcontractor, warrant or guarantee the reliability of effectiveness of their services. Work Outside Scapa and Time of Payment: The City shall have no obligation to reimburse the Contractor for the services of any subcontractor not previously made known to the City, or that are otherwise outside of the Scope of the Projeet unless and until the City has given written approval of such reimbursement. Purchasing and Materials Management Division page: 59 Annual Agreement for Sewer Line Rehabilitation INVITAMN M BID # B109 -2570 Cleaning and Video Recording The City shall have no liability or obligation to the Contractor for services rendered by a subcontractor agreement, and the Contractor also agrees to pay all such subcontractors for Project- related services within thirty (30) calendar days after the Contractor's receipt of payment, from the City, for work performed by the subcontractors, unless such payment is disputed by the Contractor, and the City receives written notice thereof- Sub-Contractor Apreements:_ The Contractor shall provide the City with a copy of their standard sub - contractor Agreement, and shall inform all subcontractors that all services performed under their respective sub - contracts shall strictly comply with all terms and provisions of the Agreement between the City and the Contractor. The Contractor shall also furnish the City, upon demand, a copy of all subcontractor Agreements. The Contractor shall perform all of its obligations and functions under the Contract by means of its own cmployces, or by a duly quatifed subcontractor, which is approved in advance by the City. In the event a subcontractor is employed, the Contractor shall continuously monitor the subcontractor's performance, shall remain fully responsible to insure that the subcontractor performs as required and itself perform or remedy any obligations or functions, which the subcontractor fails to perform properly. The Contract with the City shall be referred to and incorporated within any contractual arrangement between the Contractor and a subcontractor, and in such contractual arrangement, the subcontractor shall give its express written consent to the provisions of this Section_ To the extent feasible, the provisions of the Contract with the City shall apply to any such subcontractor in the same manner as they apply to the Contractor. However, such applicurrrtion shall not make any subcontractor a party to the Contract with the City, nor a third party beneficiary thereof. 39. ORDER OF PRECEDENCE This solicitation shall be included and incorporated in the final agreement or purchase order. Unless otherwise expressly provided in the final agreement or purchase order, in the event of any conflict between the terms of the final agreement or purchase order, the City's solicitation, and the vendor`s response, the order of precedence shall be the final agi- cement or purchase order, followed by the solicitation, and then the response to the solicitation. 40. PROVIDING PERFORMANCE AND PAYMENT BOND: In accordance with Florida Section 255.05(l)(a), Florida Statutes, a Performance and Payment Bond is required of anyone entering into a formal contract with the City for the construction or repair of a building or public works project. The City reserves the right to waive the requirement at any time for any contract of $200,000.00 or less. Accordingly, if the amount bid by the successful bidder exceeds $200,000.00, a Payment and Performance Bond will be required in the amount of the successful bidder's bid or in such other amount as may be directed by the City in writing within fifteen (15) days of the award of any contract resulting from this solicitation. No work shall be done prior to the delivery of a bond meeting the requirements of this Section to the City. Purchasing and Materials Management Division Page: 60 Annual Agreement for Sewer Line Rebabilitatiou INVITAT ON TO AID # 8109 -2570 Cleaning and Video Recording In the event that the successful bid amount is Iess than $200,000.00, a Payment and Performance Bond will be required thereafter in such amount as determined by the City if at any time, for any reason, including but not limited to increased quantities or usage or extension or renewal, the value of the contract exceeds (or may reasonably be expected to exeeed) $200,000.00 as determined by the City. Such bond shall be acquired and delivered to the City within fifteen '(I5) days of notice from the City that a bond is required. Upon notice from the City that a bond is required no further work under the contract shall be undertaken until such time as a bond in conformance with this Section has been delivered to the City. The Contractor shall include the cost of any bonds required hereunder in their bid. If bonds are required hereunder and the term of the contract between the City and the Contractor is cxtcnded or renewed, Contractor shall provide a new or amended bonds to reflect the new or extended period and inereased value of the contract within fifteen (15) days of extension or renewal. The failure by Contractor to submit any conforming bond when required by this Section shall constitute grounds for termination of the contract by the City. All Payment and Pc6ornaance Bonds shall be recorded by the City with the Clerk of the Circuit Court of the county where the work is located. These bonds sltall remain in effect at least until one (1) year after the date of substantial completion of the entire work assigned to Contractor under the eontraet, except as otherwise provided by applicable taws or regulations. All bonds shall be in accordance with statutory bond provisions in Florida Statutes and all other applicable laws. All bonds shall be executed by such 'sureties as are licensed to eonduct business in the state of Florida and, except as otherwise provided by applicable laws and regulations, are named in the current list of "Companies Folding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of its authority to act. If the surety on any bond furnished by eontractor is declared bankrupt or becomes insolvent or its license to do business in the state of Florida is terminated or it ceases to meet the irequirements of this Section, Contractor shall within five (5) days thereafter substitute another bond and surety, both of which shall be in accordance with these requirements and acceptable to City. In addition to the other bonding requirements, the surety (ics) named on the Performance Bond and Payment Bond submitted by Contractor shall be subject to the approval of City_ If City has a reasonable objection to the proposed Surety, City may require Contractor to suhmit an acceptable substitute. 3-kir**** iY 1k *41Yit * * *iti-k*i *1F*1Y * lkik y<'ir* tt * *irie # #'ki�k'ikYr #'## t#'7 t*** 7F** #* *tt * * #'*i' *ttk"kt'k * *fir�r'k* *tit *ti'k7k** Purchasing and Materials Management Division Page: 61 Annual Agreement for Sewer Line Rehabilitation INVITATION TO BID # B109 -2570 Cleaning and Video Recording ANNUAL AGREEMENT FOR SEWER LINE REHABILITATION CLEANING AND VIDEO RECORDING THIS AGREEMENT ( "Agreement "), effective as of the day of , 200 is made by and between the City of Orlando, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as the "City" and ., hereinafter referred to as the "Contractor". For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the patties, the parties agree as follows: I. SCOPE The Contractor is to perform the Work as defined in the Invitation to Bid and amendments, if any, the Invitation to Bid and any amendments . thereto being attached hereto as Exhibit "A ", incorporated by referenee herein and made a part hereof as fully as if herein set forth. Unless otherwise specified herein, the Contractor is to furnish all materials, tools, equipment, manpower, and consumables to complete the Work_ II. TERM OF AGREEMENT The period of this Agreement shall be for twelve (l 2) months, beginning on and ending on This Agreement may, by mutual writton assent of the patties, be extended for four (4) additional twelve (12) month periods- or portions thereof, up to a cumulative total of sixty (60) months. W. COMPENSATION _ The Contractor agrees to provide the services, equipment and materials as specified in its bid to the City at the cost specified in said bid and amendments, if any, the bid and any amendments thereto being attached hereto as Exhibit "B ", incorporated by reference herein and made a part hereof as fully as if herein set forth. The amount as specified in Exhibit 'B ", may be increased or decreased by the City under the Extra Work provision of this Agreement, through the issuance of an Addendum, if applicable. Any prices specified in this Agreement or Addendum thereto, will remain firm for the term of this Agreement or Addendum. Purchasing and Materials Management Division Page. 62 Annual Agreement for Sewer Line Rehab itatton INVITATION TO BID # B109-2570 Cleaning and Video Recording IV. PAYMENT All invoices received by the City are payable within thirty (30) days from receipt, provided they have first been approved by the using department, and such department has aeeepted the Work. The City reserves the right, with justification, to partially gay any invoice submitted by the Contractor when requested to do so by the using department. All invoices shall be directed to the Accounts Payable Section, City of Orlando, P_O. Box 4990, Orlando, Florida, 32802 -4990. NOTE: ALL INVOICES MUST CLEARLY INDICATE THE CITY AGREEMENT NUMBER AS STATED HEREIN. V. FISCAL YEAR FUNDING APPROPRIATION A. Spccifecd,Period Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interest of the City, provided the terns of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period at the time of contract. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation by City Council of funds therefor. B. Cancellation Due to Unavailability of Funds in Succrediria Fiscal Periods When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be canceled and the contractor shall be entitled to reimbursement for the _reasonable value .of any nonrecurring cost incurred but not advertised in the price of the supplies or services delivered under the contract or otherwise recoverable_ VL GENERAL CONDITIONS A. Patents and Caw ittlits The Contractor shall pay all royalties and assume all costs arising from the use of any invention, design, process, materials, equipment, product or device in performance of the Work, which is the subject of patent rights or copyrights. Contractor shall, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim, whether rightful or otherwise, that the Work, or any part thereof, furnished under this Agreement, constitutes an infringement of any patent or copyright of the United States. The Contractor shall pay all damages and costs awarded against the City. Purchasing and Materials Management Division Page: 63 AaouaI Agreement for Sewer tine Rehabilitation INVITATION TO SID # 11109 -2570 Cleaning and Video Recording S. Termination for Default 1. The performance of Work under this Agreement may'he terminated by the Director of Purchasing, in whole or in part, in writing, whenever the Director of Purchasing shall determine that the Contractor has failed to meet the performance requirements of this Agreement. i. The Director of Purchasing has aright to terminate for default if the Contractor fails to make delivery of the supplies or perform the Work, or if the Contractor fails to perform the Work within the time specified in the Agreement, or if the Contractor fails to perform any other provisions of the Agreement. 3. Failure of a Contractor to deliver or perform the required Work within the time specified, or within a reasonable time as determined by the Director of Purchasing or failure to make replacements of rejected articles or Work when so requested, immediately or as directed by the Director of Purchasing, shall constitute authority for the Director of Purchasing to purchase in the open market articles or Work of comparable grade to rcplaee the articles or Work rejected, not delivered, nor completed. an.all such purchases, the Contractor or his surety, shall rcimhurse the City, within a reasonable time specified by the Director of Purehasing, for any expense incurred in excess of the Agreement prices. 4. Such purchases shall be deducted from Agreement quantities. Should public necessity demand it, the City reserves the right to utilize services or use and/or consume articles delivered which are substandard in quality, subjeet to an adjustment in price to be determined by the Director of Purchasing. The Contractor shall not be liable for any excess costs if acceptable evidence has been submitted to the Director of Purchasing that failure to perform the Work Nvas due to causes beyond the control and without the fault or negligence of the Contractor. C. Terminate ©n for Convenience The Director of Purchasing may terminate the Agrc=cnt for convenience with advance written notice to the Contractor. In the event of such a termination by the City,, the City shall be liable for the payment of all Work properly performed prior to the effective date of termination and for all portions of materials, supplies, services, and facility orders which cannot be cancelled and were placed prior to the effective date of termination and other seasonable costs associated with the termination_ Purchasing and Materiats Management Division Page; 64 Annual Agreement for Sewer Line Rehabilitation INVITATION TO BID # W09 -2570 Cleaning and Video Recording D. Warranty The Contractor warrants that the Work including equipment and materials provided shall conform to professional standards of care and practice in effect at the time the Work is performed, be of the highest quality, and be free from all faults, detects or errors. Whenever required by the specifications of the Invitation to Bid, the Contmetor warrants that all equipment and materials provided shall be new. If the Contractor is ,notified in writing of a fault, deficiency or error in the Work provided within one (l) year from completion of the Work, the Contractor shall, at the City's option, either reperform such portions of the Work to correct such fault, defect or error, at no additional cost to the City, or refund to the City, the, charge paid by the City, which is attributable to such portions of the faulty, defective or erroneous Work, including the costs for =performance of the work provided by other Contractors. E. Tinle of Completion The pltties understand and agree that time is of the essence in the performance of this Agreement. The Contractor or City, respectively, shall not he liable for any loss or damage, resulting from any delay or failure to perfonrn its contractual obligations within the time specified, due to aets of God, actions or regulations by any governmental entity or representative, strikes or other labor trouble, fire, embargoes, or other transportation delays, damage to or destruction in whole or in part, of equipment or manufacturing plant, lack of or ability to obtain raw materials, labor, fuel or supplies for any reason including default of suppliers, or any other causes, contingencies or circumstances not subjeet to the Contractoes or City's control, respectively, whether of a similar or dissimilar nature, which prevent or hinder the performance of the Contractor's or City's contractual obligations, respectively. Any such causes of delay, even though existing on the date of the Agreement or on the date of the start of Work, shall extend the time of the Contraetoes or City's performance respeetively, by the length of the delays oceasioned thereby, including delays reasonably incident to the resumption of normal Work schedules. However, under such eircumstances as described herein, the City Director of purchasing may at his discretion, cancel this Agreement for the convenience of the City. Purchasing and Materials Management Division Page: 65 Annual Agreement for Sewer Line Rehabilitation INVITATION TO BID # B109.2570 Cleaning and Videa Recording F. Indemnification and Insurance: 1. Indemnity The Contractor hereby agrees to indemnify and hold harmless the City, its officers, agents, and employees, from and against any and all liability, claims, damages, demands, expenses, fees, fines, penalties, suits, proceedings, actions, and cost of actions, including attorneys' fees for trial and on appeal, and for the preparation of same arising out of the Contractor's, its officers', agents', and employees' acts, or omissions associated with this Agreement. 2_ Insurance The Contractor, at its own expense, shall keep in force and at all tunes maintain during the term of this Agreement: (a.) Commercial General Liability Insurance: Commercial General Liability Insurance, issued by responsible insurance companies and in a form acceptable to the City, protecting and insuring against all the foregoing with coverage limits of not less than Five - Hundred Thousand Dollars ($500,000) per occurrence for Bodily Injury and Property Damage. (b.) Automobile Liability Insurance: Automobile Liability coverage shall be in the minimum amount of Three - Hundred Thousand Dollars ($300,000) per occurrence combined single limits for Bodily Injury and Property Damage. (c.) Workers' Compensation Coverage: Full and complete Workers` Compensation Coverage, as required by State of . Florida law, shall be provided.. (d.) Insurance Certificates: The Contractor shall provide the City with Certificate(s) of Insurance on all the policies of insurance and renewals thereof in a form(s) acceptable to the City. Said Commcrcial General Liability policy shall provide that the City be an additional insured. The City shall be notified in writing of any reduction, cancellation or substantial change of policy or policies at least thirty (30) days prior to the effective date of said action. All insurance policies shall be issued by responsible companies who are acceptable to the City and licensed and authorized to do business under the laws of the State of Florida. Purchasing and Materiels Managemeat Division Page. 66 Annual Agreement for Server Line Rehabilitation INVITATION TO BID # B109 -2570 Cleaning and Video Recording G. Acceptance The City will be deemed to have accepted the Work after the Director of Purchasing is notified by the using Deparinnenl of its satisfaction that the Work is completed. The Work under this Agreement shall remain the property of the Contractor until the City accepts it. In the event the Work furnished under this Agreement is found to be defective or does not conform, to the specifications, the`°City4nerves the right to cancel the Agreement upon written notice to the Contractor. H. Correction of Work The Contraetor shall promptly correct all Work rejected by the City as faulty, defective, or failing to conform to this Agreement whether observed before or after substantial completion of the Worst, and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. I. Right to Audit Records The City shall be entilled to audit the books and records of the Contractor or any sub - contractor to the extent that such books and records relate to the performance of this Agreement or any sub - contract to this Agreement. Such books and records shall be maintained by the Contractor for a period of three (3) years from the date of final payment under this Agreement and by the sub - contractor for a period of three (3) years from the date of final payment under the sub - contract unless a shorter period is otherwise authorized in warning. J. Time is of the Essenee The parties agree that time is of the essence in the completion of the Work called for under this Agreeincnt. The Contractor agrees that all Work shall be executed regularly, diligently, and uninterrupted at such a rate of progress as wilt ensure full completion thereof within the time specified.. K. Information All information, data, designs, plans, drawings, and specifications furnished to or developed for the City by the Contractor or its employccs, pursuant to this Agreement, shall be the sole property of the City and all rights therein are reserved by the City, except that the Contractor may disclose any such information to its corporate affiliates and their agents_ Purch acing and Materials Management Division Page: 67 Annual Agreement for Sewer Line Rebabilitation INVITATION TO BID # B109 -2570 Cleaning and Video Recording L. Safety Measures The Contractor shall take all neeessary precautions for the safety of the City's and Contraetor's employees and the general public and shall erect and properly maintain at all times all neeessary vehieular and facility safeguards for the protection of the Workmen and public. If necessary, the Contractor shall past signs warning against hazards in and around the Work site_ M. Extra Work The City, without invalidating this Agreement, Inay order changes in the Work within the general scope of this Agreement consisting of additions, deletions, or other revisions, the Agreement price and time being adjusted accordingly. All such changes in the Work shalt be authorized by a written Addendum to this Agreement, and shall be executed under the applicable conditions of the Agreement. If the Contractor plans to make a claun for an increase in the Agreement price or an extension in the Agreement SchedulelTerm, he, shall first give the City written notice within ten (10) calendar days after the occurrence of the event giving prise to such a claim. This written notice shall be given by the Contractor to the City, aild a written approval secured from the using Department and the Director of Purchasing, before proceeding to execute the Work, except in an emergeney endangering life or property, in which case the Contractor shall immediately proceed. No claim for extra work will be considered valid-by the City unless first submitted in writing. N. Familiarity With The Work The Contractor by executing this Agreement, acknowledges full understanding of the extent and character of the Wo& required and the conditions surrounding the performance thereof. The City will not be responsible for any alleged misundersLanding of the Work to be fumished or completed, or any misunderstanding of. conditions surrounding the performance thereof. It is understood that the execution of this Agreement by the Contractor serves as his stated commitment to fulfill all the conditions referred to in this Agreement_ Q. Title and Risk of Loss The title and risk of loss to the Work shall pass from the Contractor to the City upon the City's final acceptance of (hr. Work. Purchasing and Materials Management DiviAou page. 68 Annual Agreement for Sewer Line Rehabilitation INVITATION TO BID # BI09 -2570 Cdraning and Video Recordiag VII. MISCELLANEOUS PROVISIONS A. The Contractor shall not employ subcontractors without the advance written permission of the Director of Purchasing. B. Assignment of this Agreement shall not be made without the advance written consent of the. Director of Purchasing. C. The Contractor shall comply with all applicable federal, state and local Iaws, ordinances, rules and regulations pertaining to the performance of Work under Us Agreement. D. No waiver, alterations, consent or modification of any of the provisions of this Agreemcrtt shall be binding unless in writing and signed by the Director of Purchasing or his designee. E. The Contractor, is to procure all permits,,lieenses, and certificates, or any such approvals of plans or specifications as may be required by federal, state and local laws, ordinances, rules, and regulations, for the proper execution and completion of the Work under this Agreement. F. The Contractor shall at all times, keep the Work area free from accumulation of waste materials or rubbish caused by his operations, and promptly remove any sueh materials to an approved disposal location. G. All disputes between the parties shall be resolved in accordance with the City Purchasing Code, (Chapter 7 of the City Corle). H. The Contractor is rrsponsible for all damage or loss by fire, theft or otherwise, to materials, tools, equipment, and consurnables, left on City property by the Contractor. I. This Agreement is considered a non- exclusive Kgreeinent between the parties. J. This Agreement is deemed to be under rind shall be governed by, and construed according to, the laws of the State of Florida. K. Any litigation arising out of this Agreement shall be had is the Courts of Change County, Florida. L. The undersigned hereby certifies that this Agreement is made without prior understanding, agreement or connection with any corporation, firm or person who submitted bids for the Work covered by this Agreement and is in all respects fair and without collusion or fraud. As to Contractor, the undersigned hereby warrants and certifies that they are is authorized to enter into this Agreement and to execute same on behalf of the Contractor as the act of the said Contractor. Purchasing and Materials Management Division Page: 69 Annual Agreement far Sewer Line Rehabilitation INVITATION TO BID # BIGM570 Cleaning and Video Recording M. This Agreement, including any Exhibits hereto, contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either party hereto. N. The City's Director of Purchasing or his written designee sball have authority to act on bchalf of the City in matters related to this Agreement, including but not limited to the sending and receiving of any notices required bereander. Purchasing and Materials Management Division Page; 70 Annual Agreement for Suer Line Reb2hitit2dsn Ctegning and Video Recording INVITATION TO-BID # 8109 -2570 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date first written above. PURCHASING AND MATERIALS MANAGEMENT DIVISION CITY OF ORLANDO, FLORIDA By: Director of Purchasing RAY ELWELL Name, Typed or Printed Date: -2009 APPROVED AS TO FORM AND LEGALITY for the use and reliance of the City of Orlando, Florida, only. Date_ _. - -. -- -. 2009 CITY ATTORNEY ORLANDO, FLORIDA CONTRACTOR By: Signature Name & Title, Typed or Printed Name of Company, Corp., etc, Mailing Address City, State and Zip Area Code/Telephone Number CORPORATE SEAL Sworn to and subscribed before me this day of Signature of Notary Notary Public, State of. Personally Known -OR- Produced Identification Type: rw, Purchasing and Materials M anagemcut Division page: 71 Annual Agreement for Seaver Line Rehabiktation INVITATION TO SID # W09 -2570 Cleaning and Video Recording E+XIMIT "'At' INVITATION TO SID Purchasiag and Materish Management WvWton page_ 7z Annum[ Agreement for Sewer Line Rehabilitation INVITATION TO BID At BI{i9 -2570 Cleaning and Video Recording EXHIBIT "B" SUCCESSFUL CONTRACTOR'S BID AND ANY AMENDMENTS THERETO Purchasing and Materials Management DiVision Page: 73 REVISED PROPOSAL DATE: July 9, 2013 �ne finer SUBMITTED TO: City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Attn: Scott W. Solomon, Manager of Water & Sewer Network Public Utilities JOB LOCATION: Delray Beach Sanitary Sewer We prOpOSe hereby to furnish material and labor - complete in accordance with specifications below, for the sum of Forty Five Thousand Four Hundred Seventy-Five dollars and no cents ($45,475.00) Payment terms -100% within thirty (30) days upon completion and acceptance. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from specifications below involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tomado and other necessary insurance. Our workers are fully covered by Workman's Compensation insurance. Note: This proposal may be withdrawn by us if not accepted within thirty days. We hereby submit specifications and estimates as follows: Layne hiliner, LLC shall supply all equipment, materials and labor to install InlinerTM as follows: DESCRIPTION QTY UNIT PRICE TOTAL Item #1— Furnish/Install 8" CIPP (6 mm) includes reinstatement of 5 Laterals 915 LF $35.00 $32,025.00 Item #4 — Furnish/Install 10" CIPP (6 mm) includes reinstatement of 3 Laterals 180 LF $40.00 $7,200.00 Item #7 — Furnish/Install 12" CIPP 6 mm 125 LF $50.00 $6,250.00 TOTAL $45,475.00 NOTES: 1. Prices based on unit prices contained in existing contract between Layne Inliner, LLC, and the City of Orlando, contract number B109- 2570. 2. Payment shall be based on actual field measurements from center of inlet to center of outlet. 3. This proposal is subject to pre -TV inspection by Layne Inliner, LLC indicating that line conditions are acceptable for installation of Inliner. 4. Price quoted does not include point repairs if required prior to installing Winer. 5. City of Delray Beach to provide water for cleaning, liner installation and processing. 6, Layne Inliner, LLC shall furnish City of Delray Beach with a fmal TV tape of the rehabilitated sewer line(s). 7. Proposal does not include bonds or permit fees. Bond, if required will be invoiced at 2% of total. Permit fees, if any, will be invoiced at cost. Signature —)t& Michael Cann , District Manager Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance Authorized Signature 2531 Jewett Lane, Sanford, FL 32771 1 Office: 407.472.0014 1 Fax: 407.472.0097 1 layne.cotn MEMORANDUM TO: Mayor and City Commissioners FROM: Anthony W. Strianese, Chief of Police THROUGH: Louie Chapman, Jr., City Manager DATE: August 24, 2013 SUBJECT: AGENDA ITEM 8.X.3 - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 PURCHASE AWARDADI RECOGNITION SYSTEMS ITEM BEFORE COMMISSION The Police Department seeks Commission approval to enter into a Purchasing Agreement with NDI Recognition Systems (NDIRS) for the purchase of a speed/ radar trailer fully equipped with an Automated License Plate Recognition System (APLR) for a total of $25,000. BACKGROUND The Police Department would like to pursue the purchase of this APLR system to assist with surveillance and to identify vehicles entering and leaving developments. It will also be used to capture information during critical incidents and to identify sexual offenders/ predators that may frequent schools and parks. This is an important tool for promoting citizen safety while making the most efficient use of law enforcement manpower. The Department originally budgeted just over $17,000 to equip our current speed enforcement trailer with the ALPR. However, upon additional research it was found that the current trailer was in need of repairs. It has mechanical issues, is leaking, needs paint, as well as batteries, and cannot be equipped with the ALPR system covertly, which is part of the intention of the system. However, for $25,000, a new trailer can be purchased, already equipped with the ALPR system. Additional funding has been identified for this purpose within the Police Department's budget. This equipment will be integrated with our current ALPR system that is provided to us by NDI. This system talks to a server which houses the NDI software that provides updates and the database for the ALPR cameras. The Department needs to stay with the same vendor for compatibility purposes. We cannot buy ALPR cameras from other vendors without buying new infrastructure (i.e. servers and software). Purchasing this ALPR trailer enhances our current system. FUNDING SOURCE Funding for this purchase is available in 001 - 2115 -521- 64.11. RECOMMENDATION The Police Department recommends approval. ndLqs NDI RECOGNITION SYSTEMS NDI Recognition Systems 385 Commerce Way, Longwood, Florida 32750 Phone 866 - 458 -0426 Mobile ALPR QUOTE# 81513FL- Delray Beach PD Delray Beach Police Department, 300 West Atlantic Avenue, Delray Beach, Florida 33444 Captain Tom Mitchell, 561 - 243 -7800, mitchelt@mydelraybeach.com August 15, 2013 (Valid 90 days) Questions: Call Christopher McKissick, Director of Sales @ 386 - 453 -8920 or email c.mckissick@ndi- rs.net NDI Road 1 ALPR $29,000. 1 $29,000. Warrior Camera NDI Single (1) ALPR Camera Radar Speed Trailer; ALPR System Complete New MPH Model Speed Patrol 18 Model Speed Trailer Radar Outfitted w /NDI ALPR Solution. Outfitted with Battery life for Board extended field deployment (10 days approximate with 2 days of charging in between deployments) See Attached MPH Speed Patrol 18 Photos *Includes Raven -X Connectivity Modem that Customer will provision on their cellular service provider and assume data monthly connection fees* Visce -Ent VISCE- Web Based VISCE Software Server - Single Agency Deployment $1,500. 1 No- ENT * * *5 Additional Web Based Client Licenses * ** Charge VISCE- VISCE VISCE Multi- Agency Configuration -Data Sharing Enabled (Requires $2,500.00 n/a Multi Multi Connectivity between Agencies & Signed MOU) VP -Pred Pred -SW "In -Car Live Check" Predator Upgrade $2,500.00 n/a 3SW -MS MapPoint Microsoft MapPoint 2010 In -Car Integrated Mapping Solution $530.45 n/a Installation 1 Day 2 Days /Vehicle @ $1,250. /day. (Installation & Commissioning) $1,250. n/a SHIPPING SHIPPING Shipping and /or Freight to Agency Included 1 Included T &L Travel Travel & Living Costs associated w /Installation,Config,Training Included 1 Included Warranty I" Year I" Year Manufacturer Warranty Included at "No- Charge" Included 1 Included GOLD Renewed Optional Upgraded Annual Support Agreement; GOLD Support 16% of 1 ($4,599. Support Annually including: "On -Site Fix or Replace Hardware and Software ". Capital Year 2) *Renewed Annually* Investment RDS Install Services Optional RDS "On- Site" Configuration, Installation & Training $1,250.00 n/a SubTotal ** *Strategic Sole Source Existing Customer Add -On Discount * ** - $4,000. Total NDI ALPR Project Investment: 25 000. Camera Mounting (If Applicable for Fixed /Static Installations) Agency /Client to provide all necessary and /or required site permits, clearance, poles, bucket truck for Commissioning services as well as traffic control if necessary during installation and commissioning. NDI to provide Commissioning of system. Electricity (If Applicable for Fixed /Static Installations) Agency / Client to provide 120v A/C Power at each processor location. Each processor will be directly wired into the customer supplied junction box for continuous power service. It is highly recommended that each pole /power run be outfitted with a lightning /surge suppression system and a lockable power breaker /disconnect located within easy reach near the bottom of the pole. Agency / Client is to be responsible for physical and electrical installation. NDI provides Commissioning of system. User Training Comprehensive user training (up to ten trainees) is included at the time of installation and will include camera operation; hot -list management and VISCE back office functionality. NDI will also provide at "No- Charge" periodic scheduled online web refresher training for up to ten (10) attendees during the 1St year. (Agency may attend up to any 3 sessions) VISCE Back Office installation / Mobile Installations The VISCE back office software will be remotely installed by an NDI software engineer in cooperation with the agency IT department at the time of installation. (See NDI's Server Requirements) Unless otherwise specified, mobile installation to take place @ NDI in Longwood, Florida. Agency / Client to provide NDI the Vehicle Make, Model as well as Light Bar Model in advance of scheduling installation. Lead Time Lead -time from receipt of order to installation is typically 4 to 6 weeks unless otherwise agreed upon. Payment Terms NDI will invoice for the hardware / software when shipped from NDI's offices in Longwood, Florida and all warranty will commence on that date, regardless of installation date, in- service date or go -live date. All payments are due on receipt of invoice. Installation fees will be invoiced and are due as incurred. All Prices are in U.S. Dollars. Fees and prices are exclusive of tariffs, duties or taxes imposed or levied by a government or governmental agency. Annual Renewable Software & Hardware "Gold Level" Maintenance / Support Agreement Provided that the Agency / Client maintain a "Gold Level" active annual support agreement all software and hardware, including travel related expenses, will be covered by on -site repair and /or replacement. Should an Agency / Client elect to NOT maintain an active support agreement, NDI will charge a daily rate of $1,250.00 for on -site support, and Agency / Client is also responsible for any parts as may be required. An Agency outside of an active support agreement may also mail in parts pursuant to the annual support agreement for repair in lieu of the on -site charges. In Fixed / Static installations the Agency / Client is continually responsible for ensuring that a properly established and maintained electrical connection and internet connection is available. NDI's VeriPlate ALPR System RDS Laptop Requirements (RDS) The laptop (supplied by your organization) will be installed with NDI' TGX -200 USB Frame Processor and the VeriPlate ALPR User Interface. VeriPlate makes use of the laptop's existing wireless network to connect the VeriPlate Application Server to download hotlists and upload captured data. VeriPlate Laptop Requirements* (For RIDS) Processor: 2.0 GHz or higher with at least 50% CPU usage available Memory: 4 GB RAM Hard Drive: 20 GB free disk space Windows XP, Windows 7 (32 bit only) with latest Service Pack (Windows Vista is NOT Supported) UAC must be turned off in Windows 7 Microsoft .NET Framework 3.5 SP1 or higher Microsoft SQL Express Edition 2005 or 2008 with Toolkit Ability to install Microsoft MapPoint 2009 Ability to install VeriPlate software Ability to install DirectX 9 (if not already installed) Operator's username on the laptop must have "Modify Access Rights" to the "Program Files" folder in order for the operator to run the VeriPlate system. NDI Must be able to access the VeriPlate Application Server over the wireless connection using ports 20200, 20201 and 20206. 'The appropriate network/security settings MUST be made prior to the installation and someone from your 1/T group must be available during the installation. Appropriate credentials must be supplied to NDI for installation of laptop software. NDI's VeriPlate ALPR System Laptop Requirement (Mobile Trunk Mounted Processor Solution) The laptop (supplied by your organization) is linked, via an Ethernet cable (Cats), to the ALPR processor in the trunk of the vehicle. Using this hard wire connection, a link is established between the VeriPlate software on the laptop and the trunk - mounted system. While all of the actual ALPR processing is done in the trunk, the system operator views and manages the system from the connected laptop. VeriPlate makes use of the laptop's existing wireless network to connect to the VeriPlate Application Server to download hotlists and upload captured data. VeriPlate Laptop Requirements: Processor 1.5 GHz minimum or higher Memory 2.0 GB RAM Hard Drive 10GB free disk space Operating System Windows XP SP3 (Windows Vista is NOT Supported) Microsoft .NET Framework 3.5 SP1 Ability to install Microsoft MapPoint 2009 Ability to install VeriPlate software Ability to install DirectX 9 (if not already installed) Operator's username on the laptop must have "Modify Access Rights" to the "Program Files" folder in order for the operator to run the VeriPlate system. Internal NIC IP address must be set to 192.168.1x (NOT DHCP) NetMotion or other VPN /Security software must be set to allow all traffic, on all ports, to and from IP address 192.168.1.1 (the ALPR processor) Must be able to access the VeriPlate Application Server over the wireless connection using ports 20200, 20201 and 20206 'Firewalls, Policies and Security Software MUST allow the VeriPlate Client (installed on the laptop) to access BOTH the VeriPlate Application Server (via the aircard) and the ALPR processor in the trunk (via the Ethernet cable) 'The appropriate network/security settings MUST be made prior to the installation and someone from your 1/T group must be available during the installation. NDI's VeriPlate ALPR System Server Requirements The three VISCE server components can be located on a single dedicated server, or distributed to existing application, SQL and web servers. Installations with 4 or more ALPR systems will require the Application Server and SQL Server be separated. Application Server Requirements: • Processor: Server Class Pentium Dual -Core or Better • Memory: 4 GB (6 GB Recommended) • Hard Drive: 10 GB Free • OS: Windows Server 2003 or 2008 (32 or 64 -bit) w /latest SPs • SQL Server Management Studio • Access to FDLE via FTP over CJNET (ftp.flcnl.net) '(Florida Only) • Local (or domain) user setup for auto -logon • Ports 20200, 20201 and 20206 open for TCP traffic to all ALPR systems. • Ability to install FTP Client software for downloading of FDLE hotlist extracts. '(Florida Only) (AutoFTP does not run as a service and requires a user to be logged on the server at all times.) • Network Connection with Static IP Address • User credentials for FTP must be obtained from the State to access the FTP Server before the scheduled installation. SQL Server Requirements: • Processor. Server Class Pentium Dual -Core or Better • Memory: 4 GB • Hard Drive: 100 GB Free • SQL Version: SQL Server 2000 or 2005 (32 or 64 -bit) SQL Express Edition is NOT supported SQL Server 2008 is NOT supported at this time • DTS Package Support enabled • Remote SQL access enabled via SQL Authentication • A SQL user and two databases will be created. This user will require full administrative rights of those databases. • Ability to create SQL databases and run configuration scripts VISCE Server Requirements: 0 Processor: Server Class Pentium Dual -Core or Better • Memory: 2 GB (4 GB Recommended) • Hard Drive: 10 GB Free • OS: Windows Server 2003 or 2008 (32 or 64 -bit) w /latest SPs • Internet Information Server (IIS) Version 6 or better • Microsoft .Net Framework 3.5 SP1 • ASP. NET support enabled • If using an existing web server with a version of Crystal Reports installed, that version must be v12 (2008) or higher • If Crystal Reports is not currently installed, NDI will install a runtime version • Ability to install AJAX extensions • Ability to install VISCE Application software and services • Port open for users to connect to the VISCE Server (usually port 80) • ASP. NET user will need read /write access to the IIS folder and the file system folder • Access to Google Maps (maps. google.com) The VeriPlate advantage provides for Single Click " Live Check" with the push of a single button, Real time access to Hotlists and Dynamic Dispatch pushing up to the minute intelligence to the Officer. When considering an ALPR solutions provider, I hope you will take into consideration the following key points about our company • Our only market focus is the perfection of Automatic License Plate Recognition technologies • NDI is Florida based with unprecedented on -site support and services • As an Original Equipment Manufacturer, we design, manufacture, and develop our own hardware and software- we control the quality and support of our products from start to finish • NDI offers an ALPR Web based "back office" analysis package that provides data mining of "historic" license plate information obtained and stored from all deployed mobile and fixed systems within your agency. I trust this meets with your approval, but should you require further information or if I can assist in any other way, please do not hesitate to contact me directly. Sincerely, C4-isto`i�ie� Ae ra,/c, , /I/lP Director of Sales, U.S., Public Safety 10 (Accepted By: Name, Title & Dated) Low, "Serious about ALPR. Serious about Service" Speed Patrol Trailer I --• °�;::. �-- - ,.;ate .a.�� ,�n s mm"w ILI - Key Features: >> Infra -red and color cameras for day and night operation Battery power augmented by solar panel Reads up to 3600 tags per hour Secure wireless transmission allowing remote monitoring and alarms (user specifies wireless carrier) >> 18" speed display, with three static speed signs (25, 35, and 45 mph) Full radar system with overspeed flashing NDI Recognition Systems 385 Commerce Way Longwood, FL 32750 -5157 Tel: 866 - 458 -0426 Fax: 321 - 441 -1801 Web: www.ndi- rs.com Email: sales @ndi- rs.net ALPR Anywhere Mobile Automated License Plate Recognition Road Warrior is an ultra - mobile configuration of VeriPlate, the most advanced automatic license plate recognition solution available today. The Road Warrior system is a cost - effective standard radar speed trailer with an 18" speed -only display, and can be deployed quickly and efficiently, without alerting passing traffic. In addition to being a fully functional speed trailer, the Road Warrior houses a complete ALPR system which runs efficiently and covertly in tandem with the radar speed system. The Road Warrior is ideal for checkpoint opera- tions and other temporary ALPR requirements. The Road Warrior system captures all license plate image data, reads it, and wirelessly alerts a variety of assets, including patrol vehicles, covert undercover vehicles, and handheld devices. Data is also transmitted to the Vehicle Intelli- gence Server and Communications Engine (VISCETI) database at headquarters where full historic search, pre- and post- incident analysis, and geo fencing ap- plications are available. The system is powered by heavy -duty deep -cell batter- ies augmented by solar panels. Under optimum conditions, the trailer can run up to seven days without recharging. Additional batteries can be added to ex- tend the trailer's battery life. System includes: • V220 mobile ALPR camera . VeriPlate mobile ALPR software • VP series processor . VISCE BackOffice software . Wireless modem and GPS Road Warrior NDI Recognition Systems 9700 Research Drive Suite 136 rI&MIS Charlotte, NC 28262 Tel: 866 - 458 -0426 Fax: 321 - 441 -1801 NDI RECOGNITION SYSTEMS Web: www.ndi- rs.com Email: sales @ndi- rs.net Patrol Vehicles Secure Wireless Transmission UData Handheld Devices f - VISCE Software Command Center Ultra- mobile � o J Radar Trailer c Covert Vehicles Road Warrior NDI Recognition Systems 9700 Research Drive Suite 136 rI&MIS Charlotte, NC 28262 Tel: 866 - 458 -0426 Fax: 321 - 441 -1801 NDI RECOGNITION SYSTEMS Web: www.ndi- rs.com Email: sales @ndi- rs.net Road Warrior YOUR SPEED t To 67" Specifications 7'10 ")239cm(2.4m) '(5'7 ")170cm(1.7m) '(5'7 ")170cm(1.7m) 908 Lbs ( 412 Kg) 14 "(36cm) NDI reserves the right to update or change products at any time without prior notice. VeriPlate, is registered trademarks of NDI Recognition Systems. All other trademarks or registered trademarks are property of their respective owners. © 2013 NDI Recognition Systems. RW- 050813 NDI Recognition Systems NDI Recognition Systems 385 Commerce Way 9700 Research Drive Suite 136 Longwood, FL 32750 -5157 Charlotte, NC 28262 Tel: 866 - 458 -0426 Fax: 321 - 441 -1801 Tel: 866 - 458 -0426 Fax: 321 - 441 -1801 Web: www.ndi - rs.com Email: sales @ndi- rs.net NDI RECOGNITION SYSTEMS Web: www. ndi- rs.com Email: sales @ndi- rs.net MEMORANDUM TO: Mayor and City Commissioners FROM: Danielle Connor, Fire Chief THROUGH: Louie Chapman Jr., City Manager DATE: August 27, 2013 SUBJECT: AGENDA ITEM 8.X.4 - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 PURCHASE AWARD/ NAFECO ITEM BEFORE COMMISSION This item is before the Commission for approval to purchase a CMC Confined Space USAR Task Force Communication Kit from the 2012 -2013 Fire Department approved Operations Budget (001- 2315 -526- 64 -90) at a cost of $16,996.00. BACKGROUND The Fire - Rescue Department provides the rescue services for confined space entries performed by City personnel and the private sector businesses as required by the State and Code of Federal Regulations (OSHA 29CFR 1910.146). The Fire - Rescue Department has a need to purchase the CMC Confined Space USAR Task Force Communication Kit to provide an approved communication system per NFPA 1670 Standard on Operations and Training for Technical Rescue Incidents. This communication kit is intrinsically safe and adapts to function with our current personal protective equipment and breathing apparatus used in these types of calls. This system allows the rescuer the ability to communicate hands free, which the current radio system we have does not afford us the ability to do. Working in confined spaces has its inherent dangers. Communications is one of the most important functions between the rescuer and the supervisor on the outside. The CMC Con -Space USAR Task Force Kit provides a durable hard -wire communication system that can be expanded to meet the needs of up to five personnel (the typical amount for an initial confined space entry). This kit will provide us with a reliable communication system that will allow our personnel to function safely and efficiently. FUNDING SOURCE Funding is available from 001- 2315 -526 -64.90 (General Fund: Machinery /Equipment /Other Machinery /Equipment). RECOMMENDATION Staff recommends approval. NAFECO 1515 West Moulton Street Decatur, AL 35601 Phone: 800 -628 -6233 Fax: 256 -355 -0852 info @nafeco.com To: DEL040 DELRAY BEACH FIRE DEPARTMENT 501 W. ATLANTIC AVE. DELRAY BEACH, FL 33444 United States of America QUOTE Quote Number: 763945 Date: 8/23113 Quote Expiration: NET 30 F.O.B. Point: Salesperson: John Hogan (FL) Quote Prepared By: Charity Griffith Qty. U/M Item No. Description Each Amount 1 EA 540014- 763945 CMC CON -SPACE USAR TASK FORCE KIT 16996.00 16996.00 Material Sub - Total: 16996.00 Quote Total: 16996.00 If you have any questions concerning this quote please call our toil free number listed above. Thank you for your business. Visit Us On The Internet At: www.nafeco.com Page: 1 09/25/2013 STEELS MIKE JOHN Customer Reference Sales Re resentative QUOTEICMC CONSPACE USAR KIT CARTER HALL .:..To.: place an order `;: Ph: 800 - 226 -4732 Fx: 866- 897 -9946 Submitted To:. F Customer Account 8118644011::: MARK SICILIANO — SICI LIAN @MYDELRAYBEACH.COM 561- 243 -7416 DELRAY BEACH FIRE DEPT 501 W ATLANTIC AVE DELRAY BEACH FL 33444 -2555 ATTN: MARK SICILIANO Nbr Qty UN Catalog Number Description 1 1. EA NC0442241 K]T;CONSPACE US Vendor Catalog # 540014 Hazardous Material Original Catalog Number 540014 MERCHANDISE TOTAL NOTES: PRICING PER FLORIDA STATE CONTRACT 490- 000 -12 -ACS. DELIVERY: 2 -3 WEEKS ARO. Returns are subject to manufacturer terms and conditions. W. eir Safety► Part of Thermo Flshar Scientific FISHER SAFETY 3970 JOHNS CREEK COURT SUITE 500 SUWANEE GA 30024 -1297 PLEASE REFER TO THE QUOTE NUMBER ON ALL CORRESPONDENCE THANK YOU FOR YOUR INTEREST IN FISHER SCIENTIFIC COMPANY LLC FOR COMPLETE TERMS AND CONDITIONS VISIT OUR WEBSITE AT www.fishersci.com /salesterms We now offer highly competitive financing with low monthly payments. Please contact your local sales representative for more information. Tell us about your recent customer service experience by completing a short survey. This should take no longer than three minutes. Enter the link into your browser and enter the passcode: USA- PGH -CS2 http./Isurvey.medallia.comifisherscI Unit Extended Price Price 17,380.68 17,380.68 IVIES - FLORIDA 6701 -C Northpark Blvd Charlotte, NC 28216 Ship To: CITY OF DELRAY BEACH FIRE RES 501 WEST ATLANTIC AVE Delray Beach, FL 33444 Contact: Mark Siciliano Phone: 561 -243 -7416 Bill To: CITY OF DELRAY BEACH FIRE RES 501 WEST ATLANTIC AVE. Delray Beach, FL 33444 Item number 540014 Freight Quote Telephone ........................: 704 - 599 -4601 Fax ................................... : 704 - 599 -4605 ... KA�ES MpNICICAL . FROO. .$EIfYlM,INC ' Quotation Number ............................: QT 00186489-5 Date ...... .................. ......... : 8/26/2013 Page ........................... .... .: 1 of 1 Sales order ......................: Requisition .......................: Your ref ............................: Our ref ..............................: tcool Quotation deadline...........: 9/26/2013 Payment ...........................: Net 30 Sales Rep ........................: tcool Terms of delivery .............: Customer Pays Freight- Taxable Description Size Color Quantity Unit Unit price Amount KIT, USAR TASK FORCE, 1.00 EA 16,999.00 16,999.00 CON-SPACE Freight Quote 1.00 EA 175.00 175.00 This Quotation is subject to any applicable sales tax and shipping & handling charges that may apply. Sales balance Total discount S &H 17,174.00 0.00 0.00 Sales tax Total 0.00 17,174.00 USD All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee. Custom orders are not returnable. Effective tax rate will be applicable at the time of invoice. AUXILIARY EQUIPMENT I CON -SPADE ¢ a FM nk This vffoatile, hard -fine communications kit adapts to the requJnements of re fined- spaco, high angle, structural- collapse, and trench- rescue operations. The "one kit — many functions" approach provides consistency in equipment and training. Rugged and intrinsically safe, Can- Spare comrnunicalion equipment works with respiratory equipment and protective clan ping, The reliabjI iy of hard -line communications assures elfeclive command and control in high noise and hazardous environments. The system can be configured for up to five personnel. The Power Talk Box adds the ability to provide immediate communication with a victim in a trench or confined space. Lager the Resew PROBE into tunnels and mines or push it it Ito collapsed structures to estahlish communications with trapped victims. C E Note: Con -Space Rescue fits am available, in limited areas, with GE certification for= international customers. For pricing and delivery, ptease contact our Customer Seruice Department Products included: CSI -2100 Command Module (1) Power Tails Box (1) Double Cable Spfitter with Mute Switch (1) Operator Headset — single speaker (1) Boom Mic Windscreen (1) Heavy Duty Clothing Clip (1) Face Mask Rescue Com /Sets (4) Speaker Harnesses (4) 1 ft. (30 cm) Cable with Mute fl) 20 fit. (6 m) Operator Extension with Mute (1) 50 ft. (15 m) Cable with Connectors (1) 300 ft. (91 rn) Cable Bags (4) 100 ft. (30 m) Cables with Connectors (8) 100 ft. (30 m) Cables with Strain Relief and Snap Doak (not shown) (4) Task Force Kit Carrying Case (1) Expansion Cable (1) CSI -21 ,05 Power Talk Box Controller (l 1 Power Talk Sox Remote Fact Switch Option (1) 100 ft. (.30 m) UmbiRval Cover— Black (1) 100 ft. (30 trr) Umbilical Cover — Red (1) 100 ft. $30 m) Umbilicaf Cover — Blue (1) 100 ft. GO m) Umbillral Cover — Orange (1) Rescue PROBE (1) PROBE Interface 25 ft (7,6 m) Cable (1) PROBE Headset (behilad head) (1) 50 ft. (t5 m) PROBE Cora witb Snap Hook (l) Hope Gwpler for PROBE (1) Pipe Cwpfer for PROBE (1) CSI -1100 Carrying &,vg (soft) (1) CSI -1100 Miul ModWit (1) Cable Cifer(1) Item 1f weight Moe 540014 S5 lbs. (29 k9) $17,095,0.0 MW WW. CMCRESCUE.00M con' 'ice Communications Kits aril compJirmcr° to OSHA 29 CFR Part 1910.146 Permit Required Canfinecl Spaces Intrinsimfly Safe Approved Class I, II, Ill; DiVsion I and 2, Groups A. B, C, 0, E, 1=, G The ruyye.rl commUnic:atiOn systems from Con -Space: are full - duplex, which means everybody on the system can speak to each other like a hands -free telephone. e; tl. Con- Space Systems c -an be used with any type of breathin�j apparzrtus, even in 1iigh• - noi5e envirorrments.Ilie triple - shieided cable ensures reliable communication to a maximum of 1,500 feet (457 €n) in areas where wireless systems do riot Work effectively. This hardwire system also eliminates dead spots and interference. • Simple to use • Ughtweight and portable • Selr- powered Completely waterproof * Chemical resistant • fntrinsiealiy safe • Rugged construction MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: August 29, 2013 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 AMENDMENT NO.5 TO THE AGREEMENUMATCH POINT, INC. ITEM BEFORE COMMISSION Commission is being requested to approve Amendment #5 to the Match Point, Inc. Agreement to allow the number of players for the Champions Tour Event to be six (6) players through the term of the original agreement (2030). BACKGROUND Attached is an email request received from Mark Baron for this amendment. A similar request came before Commission last October to be in effect for the term of the contract (2030). Commission had concerns about the impact this reduction from eight (8) players to six (6) might have on attendance and economic impact and only approved the amendment for one (1) year which expires October 21, 2013. Based on our analysis, attendance at the Champions portion of the tournament dropped from 13,681 in 2012 to 12,297 in 2013, overall attendance dropped from 43,170 to 40,860 and economic impact for the entire tournament dropped 14.5 %. However, we do not believe these decreases were a result of reducing the number of players in the Champions event. Some factors that may have contributed to these decreases include: 1. The tournament again in 2013 was held the same week as the Honda Golf Classic. This will not be the case in 2014. 2. It rained a couple of days. 3. Player mix. RECOMMENDATION Staff recommends approval of the requested amendment. However, Commission may want to reduce the term to five (5) years versus through 2030. Barcinski, Robert From: Mark Baron <MBaron @YellowTennisBall.com> Sent: Wednesday, August 28, 2013 9:51 AM To: Barcinski, Robert Cc: Shutt, Brian Subject: Match Point/amendment Hi Bob, We are requesting an amendment to the Match Point agreement in reference to the ATP Champions Tour. In that the ATP Champions Tour has agreed with the players that the draws for the events may be a 6 to 8 man draw with players meeting one of the following criteria: (1) must have been ranked no. 1 in the world, (2) champion or finalist of a grand slam event, (3) must have been a participating member of a Davis Cup team that won the Davis Cup for a particular year; or (4) must have achieved "marquee" status, with 2 wild cards to the event being excluded from listed criteria. We are requesting that our agreement reflect this accordingly. Thank you, Mark S. Baron President & Tournament Director Delray Beach Open by The Venetian° Las Vegas February 14 - 16, 2014 (ATP Champions Tour event) February 17 - 23, 2014 (ATP World Tour event) (p) 561 -330 -6000 (f) 561- 330 -6001 Official Website: www.YellowTennisBall.com Be an ITC Fan on Facebook I Follow Us on Twitter I Check in on Foursquare I Watch Us on YouTube AMENDMENT NO. 5 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT, INC. THIS AMENDMENT NO. 5 to the Amended and Restated Agreement between the CITY OF DELRAY BEACH (CITY) and MATCH POINT, INC. (MP) is made this day of , 20_ WITNESSETH: WHEREAS, the CITY and MP entered into an Agreement dated October 12, 2005 (the Agreement); and and WHEREAS, MP provides an "ATP Champions Tour" event at the Tennis Center; WHEREAS, the parties wish to amend the Agreement to allow for a change in the required number of players for the "ATP Champions Tour" event as well as the qualifications of some of the players. NOW, THEREFORE, for good and valuable consideration, herein provided, the CITY and MP agree as follows: herein. 1. The recitations set forth above are hereby incorporated as if fully set forth 2. Section 2.01. ORGANIZATION, Subsection (S), is hereby amended as follows: S. The standards of the ATP Champions Tour shall apply to this Agreement regarding the quality of the players and the format of the play. There will be a minimum of 86 players to participate in the ATP Champions Tour event and 6o-of the 8 4 of the players must meet one of the following criteria: (1) must have been ranked no. 1 in the world, (2) champion or finalist of a grand slam event, (3) must Have been a participating member of a Davis Cup team that won the Davis Cup for a particular year; or (4) must have achieved "marquee" status." MP shall provide a list of the proposed players to the CITY at least 2 months prior to the event. However, for the 2013 Champions Tou 1 3. All terms and conditions contained in the Agreement, dated October 12, 2005, between the parties, and any amendments thereto, will apply to the "ATP Champion Tour" event unless otherwise provided for in this Amendment. 4. The original agreement dated October 12, 2005, Amendment No. 1 dated June 19, 2008, Amendment No. 2 dated June 17, 2009, Amendment No. 3 dated May 10, 2011, Amendment No. 4 dated October 22, 2012 and this Amendment No. 5, constitute the entire agreement between the parties with respect to the subject matter hereof and supercedes all prior verbal or written agreements between the parties with respect thereto. 5. This Amendment No. 5 to the Agreement shall be effective upon the approval by the CITY and by MP. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 5 the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Approved as to legal sufficiency and form: in City Attorney WITNESSES: 2 Cary D. Giickstein, Mayor MATCH POINT, INC. By: Print Name: Mark S. Baron Title: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 20 by as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced (type of identification) as identification. Notary Public — State of Florida K1 MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: August 30, 2013 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 DISCUSSION REGARDING A TWO -YEAR WAITING PERIOD FOR FORMER COMMISSIONERS BEFORE BEING ELIGIBLE FOR APPOINTMENT TO CITY BOARDS ITEM BEFORE COMMISSION The item before the Commission is a discussion item to determine if the Commission wishes to enact a two year waiting period, following their last day in office, for former Commissioners to be eligible for appointment to City boards. BACKGROUND Palm Beach County passed a resolution earlier this year providing for a two year waiting period for former County Commission members from being appointed to a County board. I have attached the resolution along with County agenda item summary. I believe this issue was briefly talked about at an earlier Commission meeting, however, I do not believe any direction was given to staff regarding this matter. If the Commission wishes to adopt a similar rule, I would suggest that this change be made to our ordinance regarding board appointments. Agenda Item #: 6,4wA PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 5, 2013 [ ] Consent [X] Regular [ ] Ordinance [ ] Public Hearing Department: Submitted By: County Administration Submitted For: Countv Administration I. EXECUTIVE BRIEF Motion and Title: Staff recommends motion to adopt: a Resolution of the Board of County Commissioners of Palm Beach County, Florida consolidating and updating the uniform policies and procedures for Palm Beach County advisory boards, committees, and commissions; repealing Resolutions R95 -1806, R2002 -1606, R2010 -1941, and R2011 -0946 respectively; and providing for an effective date. Summary: This Resolution consolidates and updates the uniform policies and procedures for advisory boards; including Code of Ethics requirements, current and former County employee and Commissioner eligibility to serve, terms of service, travel policy and absences. In accordance with Board discussion on January 15, this proposal includes lanouage providing for a two vear waiting period before a former commis Qper can be appointed to any —y olt also sets standar�Tc 3 year erms o service (to match ethics training requirements), but without proposing a limit in the number of terms that can be served. If the Board chooses to set term limits, nine (9) years is recommended to conform to 3 year terms and ethics training requirements. Countywide (TKF) Background and Policy Issues: In 1991, the BCC adopted a Resolution establishing a set of uniform policies and procedures for County advisory boards, committees and commissions. The last update to these policies and procedures was done in 1995. Under separate Resolutions, the BCC adopted an absentee policy (R2002- 1606), a travel policy (R2010- 1941), and a policy relative to County employee's eligibility to serve (R2011- 0946). This Resolution consolidates these policies and updates other sections to bring them into alignment with new requirements such as the Code of Ethics and annual narrative report. Regarding terms limits, staff is concerned that limits will impact long serving, well thought of, appointees and that some boards will be unable to fill resulting vacancies. Attachments: 1. Proposed Resolution 2. Resolution R95 -1806 (uniform policies and procedures for advisory boards, etc.) 3. Resolution R2002 -1606 (Absences) 4. Resolution R2010 -1941 (Travel) 4. Resolution R2011 -0946 (County employee's eligibility to serve) Recommended by: Department Director Date Approved By: ( o, ( County Administrator I Date Resolution No. 2013-_U93 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, ESTABLISHING AND UPDATING THE UNIFORM POLICIES AND PROCEDURES FOR PALM BEACH COUNTY ADVISORY BOARDS, COMMITTEES, AND COMMISSIONS; REPEALING RESOLUTIONS 1195- 1805, R2002- 11306, R2010 -1941, AND R2011 -0946 RESPECTIVELY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Palm Beach County, Florida, is served by a number of advisory boards, committees, commissions, task forces, and authorities which have been established by the Board of County Commissioners from time to time; and WHEREAS, the Board of County Commissioners of Palm Beach County, Florida, adopted Resolution R95 -1806, which established uniform policies and procedures for said advisory boards; and WHEREAS, the Board of County Commissioners of Palm Beach County, Florida, adopted Resolution R2002 -1606, which established attendance policies for said advisory boards; and WHEREAS, the Board of County Commissioners of Palm Beach County, Florida, adopted Resolution R2010 -1941, providing for approval authority to the County Administrator and Deputy County Administrator for advisory board member travel; and WHEREAS, the Board of County Commissioners of Palm Beach County, Florida adopted Resolution R2011 -0946, which modified the policy to allow a County employee to serve on said advisory board when County employee is an elected official within Palm Beach County; and WHEREAS, It is desirable to repeal Resolutions R95 -1806, R2002 -1606, 82010 - 1941, and R2011 -0946 and reestablish up -to -date policies into one all encompassing ......... .. document which includes specific procedures to ensure compliance with the Board of County Commissioners directives, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that: Section 1. Repeal of Prior Resolutions &00J00129 9 -1806, 132002-1606, 96 r 10 their latiMly, Section 2. Board Appointments The procedure for at-large and district appointments to advisory boards, committees, commissions, task forces, and authorities (hereinafter referred to as "boards" shall be established by a -0-o n' Policy and Procedure Mamora X CuM (hereinafter referred to as a "PPM") to ensure consistency with agenda submittal and review procedures. Included in the PPM shall be Post-appointment procedures to make sure appointees are aware of the requirements of serving on the board. The provisions in this Resolution shall be applicable to boards created by the Board of County Commissioners and may be waived upon majority vote by the Board of County Commissioners. Section ,J. Maximum Number of Boards The maximum number of boards that an individual appointed by the Board of County Commissioners may serve on at one time shall be three (3), except that no individual may serve on more than one (1) board if doing so would violate Article 11, Section 5(a) of the Florida Constitution, which prohibits dual - office holding. Section 4. Terms of Office Terms of office for board members shall be three years. This term shall not apply to any board created by statute or other binding rule which specifies a different term, Section 5. Vacancies Vacancies occurring during a term shall be filled for the unexpired term. Section A. Number of Terms Served There shall be a limit of three consecutive three year terms, unless dictated otherwise by statute or other binding rule. Section 7. Removal All at-large members of boards appointed by the Board of County Commissioners serve at the pleasure of the Board of County Commissioners and may be removed without cause upon majority vote by the Board of County Commissioners. All members of boards that are classified as District appointees serve at the pleasure of their district Commissioner and may removed without cause by the District Commissioner. This provision shall not apply if a statute or other binding rule provides for a different removal process. Section 8. Removal for Lack of Attendance Members of boards shall be automatically removed for lack of attendance. Lack of attendance is defined as a failure to attend three (3) consecutive meetings or a failure to attend more than one -half of the meetings scheduled during a calendar year. Participation for less than three fourths of a meeting shall be the same as failure to attend a meeting. Members removed pursuant to this paragraph shall not continue to serve on the board and such removal shall create a vacancy, unless otherwise provided by statute or other binding rule. Section 9. ualification as a Candidate Board members shall not be prohibited from qualifying as a candidate for elected office. Section Ia. Elialbility to Serve County employees, other than Commissioners Aides, may not be appointed to boards except where technical /professional representation and county employee eligibility are specifically set forth in the document creating the board or where the County employee is an elected official within Palm Beach County and is nominated for inclusion on the board by an entity other than the Board of County Commissioners. Employees of other units of local government may not represent their respective governments on boards, unless otherwise provided by statute or other rule of law. Former Board of County Commission members may not be appointed to boards for at least two years following their last day in office as a County Commissioner. Section 1.i. Number of MeMbers The preferred limit on the number of members on a board shall be nine (9), provided, and the maximum number - piembers shall not exceed eleven (11). This limitation shall not apply to any board created by statute or other binding rule requiring a different specified number of members. Section J2. Residency Requirement All board members must be residents of Palm Beach County at the time of appointment and while serving on the board. Exemptions to this requirement are allowed when circumstances warrant outside technical/professional representation, or if statute or other rule specifies. Section 1$. Supshine Law ' State Code of Ethics All boards are to comply with the Sunshine Law and State Code of Ethics. Reasonable public notice of all board meetings shall be provided. All meetings of the board shall be open to the public at all times and minutes shall be taken at each meeting. Section 14. Palm Beach County Code of Ethics Board members are to comply with the applicable provisions of the Palm Beach County Code. of Ethics as codified in Section 2 -254 through 2 -260 of the Palm Beach County Code. Section 15. State Financial Disclosure Appointees to boards that are required to submit a Statement of Financial Interests with the State of Florida Commission on Ethics will be notified that failure to submit a Statement of Financial Interests within 30 days of appointment shall result in invalidation of the appointment Section A Travel Expenses, Relmbursement.and Approval Authority Travel reimbursement is limited to expenses Incurred only for travel outside Palm Beach County necessary to fulfill board member responsibilities when sufficient funds have been budgeted and are available as set forth in PPM CW -0 -038. No other expenses are reimbursable except documented long distance phone calls to the liaison County department. Approval authority for pre - authorized board member travel is designated to the County Administrator and Deputy County Administrator and shall be in accordance with Countywide Policy and Procedures memoranda (PPM) CW -F -009. Section JZ. Annual Narrative Report Each board listed in PPM CW -0 -60, as may be amended from time to time, shall submit an annual narrative report to the Agenda Coordinator. The form, substance, and submittal dates for annual narrative reports are established by PPM CW -0-060. An Annual Narrative Report dog§ not have to be submitted if the board is required to submit a report a least quarterly through ordinance, law, or some other legal document. Section A Conduct of Meeting A quorum must be present for the conduct of all board meetings. A majority of the members appointed shall constitute a quorum. All meetings shall be governed by Robert's Rules of Order. Section jj. Conflict with Federal or State Law or County Charter Any statutory or Charter provisions in conflict with this Resolution shall prevail. Section 20. Effective Date The provisions of this Resolution shall be effective March 1, 2013. The foregoing resolution was offered by Commissioner Taylor who moved its adoption. The motion was seconded by Commissioner Vane , and upon being put to a vote, the vote was as follows: Commissioner Steven L. Abrams, Mayor - Aye Commissioner Priscilla A. Taylor, Vice Mayor - Ave Commissioner Hai R. Valeche - Ngy Commissioner Paulette Burdick - Nay Commissioner Shelley Vana - Aye Commissioner Mary Lou Berger - _Ave Commissioner Jess R. Santamaria - Nay The Chair thereupon declared the Resolution duly passed and adopted this 5th day of February_ _ _ , 2013. Palm Beach County, Florida by its Board of County Commissioners Sharon R. Bock, Clew%W" BY: JOLORV, Approved as to Form and Legal Sufficiency By: Assista Coun y Attorney STATE OF FLORIDA, COUNTY 1, SHARON R. 1?00lc, Cloy certify this 10 to a lnm and ca tiled 1n Of once arr JAZE MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, LEED (GA), DIRECTOR PLANNING AND ZONING THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER DATE: August 28, 2013 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 INITATIATION OF AMENDMENT TO LDR/ PINEAPPLE GROVE WAY ITEM BEFORE COMMISSION The Pineapple Grove Arts District Board of Directors has asked staff to have City Commission initiate an LDR change that would restrict office uses on the ground floor of structures in certain sections along NE 2nd Avenue in the Pineapple Grove Neighborhood Area. Pursuant to LDR Section 2.4.5 (M) (1), amendments to the Land Development Regulations may be initiated by the City Commission. BACKGROUND Current LDR regulations prohibit office uses, including financial institutions (such as banks, savings and loans, credit unions, and mortgage offices) to locate on the ground floor of businesses which have an entry from and /or windows along and /or frontage on Atlantic Avenue in the Central Core and Beach Areas of the Central Business District (CBD). The exception to this existing prohibition includes buildings that have 80% or more of their fagade frontage setback a distance of 25 feet or greater. The introduction of a recent office use in the former location of the Tag Bar (25 NE 2nd Avenue) raised a concern that if office uses were to begin locating on ground floors of structures along Pineapple Grove Way, the desired vibrant, active, pedestrian experience could be jeopardized. Accordingly, there is an interest in extending a modification of the Atlantic Avenue restriction of office uses on the ground floor to specific areas of Pineapple Grove Way, to ensure the continued success of this area. The amendment will affect these areas along both sides of NE 2nd Avenue, as follows: From Atlantic Avenue north to NE 2nd Street — No ground floor offices allowed From NE 2nd Street north to NE 3rd Street — Maximum 30% ground floor offices allowed From NE 3rd Street north to NE 4th Street /Lake Ida Road — No restriction of offices uses DELRAY BEACH DOWNTOWN MASTER PLAN The Downtown Master Plan adopted on March 19, 2002 includes a section specific to Pineapple Grove, and the objectives and recommendations contained within the Pineapple Grove Neighborhood Plan were incorporated into the Downtown Delray Beach Master Plan. The master plan states that Pineapple Grove Way is to be transformed from a vehicular - oriented to a pedestrian friendly environment. One mechanism for accomplishing this is to allow infill development to occur within the existing private parking lots fronting on Pineapple Grove Way. This would provide for continuous storefronts along the street, which would encourage greater pedestrian movements. Mixed uses, with residential located above commercial development, is encouraged, as is higher density residential. Inactive space along the streetscape in the evening is not desired along this corridor, as it conflicts with the goal to create a vibrant and visually interesting experience, and can diminish the safety of the area due to the lack of activity. Office uses are generally closed during the evening and nighttime hours, and should be avoided along corridors where an enhanced pedestrian experience is the goal. REVIEW BY OTHERS Upon initiation of this amendment, it will be reviewed by the Pineapple Grove Main Street committee, the Downtown Development Authority, the Community Redevelopment Agency, and by the Planning and Zoning Board. The item will return to the City Commission for consideration at first and second readings of an ordinance once a recommendation is made by the Planning and Zoning Board. RECOMMENDATION Initiate the amendment to the Land Development Regulations. .1111111. =1111= ' � ■' . - • A , OF HIM oil '■ NII = h i ill � �_ =IIN� N :lN�� NII I IL . � _ � ■■ IINI,I _� �.I11111 I _N .I � ■� ��\ i�l� ' ��INN NNE\ � 111111 �■ 1� ► HI 111111 NNE � im .,. _ ■ ■ SUBJECT AREA K= NO GROVE N r — NO OFFICE GROUND FLOOR 30% MAX. OFFICE GROUND FLOOR NEIGHBORHOOD AREA CITY OF DELRAY BEACH, FL I ZONING MAP LANNING & ZONING DEPARTMENT 1..� J DICITAL BASE MAP SYSTEM -- MAP REF: U: \AuotCAD \Mark \Pineapple Grove Area City Commission SECTION 4.4.13 (H) (H) Special Regulations (1) Office uses including financial institutions (e.g. banks, savings and loans, credit unions, and mortgage offices) shall not be allowed on the ground floor within businesses which have an entry from and /or windows along and /or frontage on Atlantic Avenue in the Central Core Area, er the Beach Area— and on both sides of NE 2nd Ave /Pineapple Grove Way from Atlantic Avenue to NE 2nd Street. Office uses shall be allowed up to 50% of the ground floor as a permitted use within businesses which have an entry from and /or windows along and /or frontage on Atlantic Avenue in the West Atlantic Area and as a Conditional Use if greater than 50 %. Ground floor office uses NE 2r'° Street and NE 3 r Street. Office uses are allowed on floors other than the ground floor along Atlantic Avenue and NE 2nd Avenue as noted above, and on all floors elsewhere in the CBD district. This regulation shall not apply to existing buildings in the Central Core Area. er the Beach Area., or along NE 2nd Avenue that have 80% or more of their frontage at a setback of 25 feet or greater. (2) The sale of second hand material, other than verifiable antiques, shall not be allowed within businesses nor on properties which have an entry from and /or windows along and /or frontage on Atlantic Avenue or N.E. 2nd Avenue (a /k/a Pineapple Grove Way) between East Atlantic Avenue and N.E. 4t" Street. (3) The sale of automotive parts, firearms, and lawn care equipment, shall not be allowed within the West Atlantic Neighborhood nor within businesses or on properties which have an entry from and /or windows along and /or frontage on East Atlantic Avenue or N.E. 2nd Avenue (a /k/a Pineapple Grove Way) between East Atlantic Avenue and N.E. 4t" Street (4) The picking -up, dropping -off, or otherwise transporting workers, assigned through an employment agency, from an assembly point in the CBD to the work site is prohibited, except within the West Atlantic Neighborhood area provided the structure involved does not have an entrance from and /or windows facing West Atlantic Avenue. (5) Within the West Atlantic Neighborhood, all permitted uses with drive - through facilities shall require conditional use approval. (6) Minimum floor area for multi - family residential dwelling units shall be as established for the Medium Density Residential (RM) zoning district in Section 4.3.4(K). (7) Multi- family dwelling units may be located in structures that are comprised of residential units only or in mixed -use buildings that contain a combination of residential and non - residential uses. However, where residential uses are located in structures having frontage on Atlantic Avenue, NW /SW 5t" Avenue or N.E. 2nd Avenue (a /k/a Pineapple Grove Way), there must be nonresidential uses fronting the Avenue on the ground floor. In lieu of providing non - residential uses fronting the west side of N.E. 2nd Avenue between N.E. 3rd Street and N.E. 4 t" Street (hereinafter referred to as the SECTION 4.4.13 (H) exception area), the developer may elect to provide a building and property fronting on N.E. 2nd Avenue at the intersection of N.E. 3rd Street and N. E. 2nd Avenue which shall be conveyed to the City for Community Facility purposes and dedicate an area for Open Space in the northeast corner at the intersection of N. E. 2nd Avenue and N.E. 4t" Street. The purpose of the alternative is to encourage pedestrian travel, promotion of the Arts, the provision of needed Open Space, encouraging public art and to provide space for an entry way feature, all of which is in keeping with the vision for Pineapple Grove. If the developer chooses the alternative in the exception area instead of providing non - residential uses, he must submit a developer's agreement containing terms acceptable to the City at the time of application of a building permit. (8) The rental of sporting goods and equipment shall be limited to no more than one business renting a specific category of item (i.e. bicycles, skates, etc.) every 300 feet measured in a straight line from door to door, and any outdoor displays are subject to the restrictions set forth in Section 4.6.6(C)(3). (9) 24 -Hour or late night businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(W MEMORANDUM TO: Mayor and City Commissioners FROM: Pc-u1Dor1hg,AICP,LEED QA),D-imtorP15mhgandzonhg THROUGH: Lou-h C him an, Jr., C rtyM anager DATE: August 28, 2013 SUBJECT: AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 INITIATION TO AMENDMENT TO LDR/CBD/ DENSITY HEIGHT ITEM BEFORE COMMISSION Initiation of amendments to the Land Development Regulations Sections 4.4.13, and 4.3.4 which modify the areas where conditional use approval for increased height and density can be requested. Further, the modifications will provide clarification with respect to maximum stories that can be achieved within the respective 48' and 60' height maximums. Pursuant to LDR Section 2.4.5 (M) (1), amendments to the Land Development Regulations may be initiated by the City Commission. BACKGROUND The proposed changes will include LDR amendments to address immediate development concerns expressed by the City Commission. The changes include modifications to LDR Section 4.4.13 (D) (12) to eliminate the option of seeking an increase in density (above 30 units per acre) in the two block area north and south of Atlantic Avenue between approximately NE and SE 1 st Avenue and the Intracoastal. In addition, the modifications will include changes to LDR Section 4.3.4(J)(4)(b)(i)(9) which will modify the area within the Central Core portion of the CBD where an increase in height to 60' via a conditional use request is currently allowed. This area will be reduced to include only the area between the Federal Highway pairs (between SE 4th Avenue and NE 4th Avenue), and the old Chamber and City Library site. The Chamber and Library site was recently the subject of an RFP process in which the winning proposal included a development proposal which will require an increase in height above 48'. Additional changes to both LDR Sections 4.4.13(F)(1)(a), and 4.3.4(J)(4)(b) are being proposed to clarify that the 48' and 60' height limits are to result in a maximum of 4 and 5 stories respectively. Some of these changes will be revisited as part of the Comprehensive LDR modifications which will be considered in the near future and may result in a reinstatement of a more defined area where increased density and height are deemed appropriate (i.e. along the railroad tracks or other areas in the downtown core when appropriately located away from adjacent residential neighborhoods). REVIEW BY OTHERS Upon initiation of this amendment, it will be reviewed by the Downtown Development Authority, the Community Redevelopment Agency, and by the Planning and Zoning Board. The item will return to the City Commission for consideration as first and second readings of an ordinance once a recommendation is made by the Planning and Zoning Board. RECOMMENDATION Initiate the amendment to the Land Development Regulations. L� Molt. I winIMIM NOW MIN 111111 ■ = h MIN ■ C R AVETERANS _j == I SECTION 4.3.4 (J) (3) (3) Exceptions to District Height Limitations: (a) Free - Standing Features: The height limitations contained in Subsection (K), Development Standards Matrix, shall not apply to free - standing antennas, chimneys, conveyors, cooling towers, flag poles, radio towers, silos, or television towers. However, any part of any such structure, or feature, shall not extend above the height of sixty -four feet (64') unless specifically approved by action of the City Commission. (a) Appurtenances on Buildings: Appurtenances usually required to be placed above the roof level of a building and not intended for human occupancy may be allowed to extend above the height limitations contained in Subsection (K) but only when specifically approved by action of the Site Plan Review and Appearance Board. (c) Parapets: Flat roofs shall be screened from adjacent properties and streets with decorative parapets. The maximum height of the parapet wall shall be six feet (6') in height or sufficient height to screen all roof mounted equipment, whichever is greater, measured from the top of the roof deck to the top of the parapet wall. In the cases of sloped parapet features, they shall be no more than seventy -two inches (72 ") in height, project no more than twenty -four inches (24 ") beyond the face of the building, project no more than twelve feet (12') into the flat roof area of the building nor cover more than fifty percent (50 %) of the flat roof area of the building. [Amd. Ord. 2 -06 1117106] (4) Increases to Height Regulations: (a) Prohibitions: There are no provisions which allow, nor is the Board of Adjustment empowered to grant, an increase of height for any purpose in the following zone districts: Single Family (R -9) Districts Agriculture (Ag) Low Density Residential (RL) Planned Residential Development (PRD) Neighborhood Commercial (NC) Conservation District (CD) 4.3 -1 Rural Residential (RR) Mobile Nome (MN) Medium Density Residential (RM) Residential Office (RO) Professional and Office District (POD) Open Space (OS) SECTION 4.3.4 (J) (4) (b) (b) Allowances: An increase, to a maximum height of sixty feet (60') L5 stories maximum), may be approved by the City Commission in any zone district not listed above when approved pursuant to the processing of a conditional use request and based upon a finding of compliance with each of enumerated criteria listed below, as applicable. [Arnd. Ord. 05 -13 315113] (i) That the structure is to be located in one of the following geographic areas: (1) Area "A" - all property located east of Congress Avenue and west of 1 -95. (2) Area "B" - the property encompassed by the Delint DRI, with the exception of that portion platted as "Waterford Village "; along with property located west of S.W. 10th Avenue, south of Linton Boulevard, and east of 1 -95. (3) Area "C " - the property encompassed by the boundary of Linton Boulevard, Wallace Drive, S.W. 10th Street, and 1 -95. (4) Area "D" - the properties located south of Atlantic Avenue, north of S.W. 1st Street, west of S.W. 2nd Avenue, and east of S.W. 4th Avenue; and the properties located north of Atlantic Avenue, south of N.W. 1st Street, west of N.W. 1st Avenue, and east of N.W. 3rd Avenue. [Amd. Ord. 21 -04 514104]; [Amd. Ord. 71 -95 12/5195] (5) Area "E" - the property encompassed on the west by the F.E.C. Railroad, on the east by the Intracoastal Waterway, on the south by Allen Avenue extended to said easterly and westerly boundaries, and on the north to the northernmost boundary of the City. (6) Area "F" - the property located between the one -way pair system of Federal Highway (5th and 6th Avenues). (7) Area "G " - the property on either side of Linton Boulevard, extending 200 feet north and south of its ultimate right -of -way, extending from 1 -95 to Dixie Highway. (8) Area "H" - the area bounded by Linton Boulevard on the south, the F.E.C. Railroad on the east, the combination of Southridge Road and Swinton Avenue on the north, and S.W. 4th Avenue on the west. 4.3-2 SECTION 4.3.4 (J) (4) (b) (i) (9) (9) Area "I" — Lot 7 -10, Lot 14 -18, Block 101. Town of Linton aka. the Old Chamber and City Library site. Aron " "Ica -- " all pFop ■i win the Gen rnl Gerd porf�n of the GBD (Central Business District), except fOF that pertion within within E e any zoning distriGt Whir---h h.as; a maximum height limit of v, (10) Area "J" - the property encompassed by Lindell Boulevard on the north, Federal Highway on the east, Dixie Highway on the west, and the City limits on the south. (11) Area "K" — the property within the project known as Delray Medical Center (Delray Hospital), located on the south side of Linton Boulevard approximately 1,240 feet west of Military Trail, and as annexed into the City of Delray Beach via Ordinance 33 -05. [Amd. Ord. 05 -13 315113] (ii) That the increase in height will not provide for, nor accommodate, an increase in the floor area (within the structure) beyond that which could be accommodated by development which adheres to a height limitation of 48 feet, except for the following situations: (1) An increase in height is allowed when the increase from 48 feet to 60 feet is for the purpose of accommodating residential use on the top floor of the structure; however, the increase in height is only for the added residential use area. [Amd. Ord. 51 -08 11118108]; [Amd. Ord. 16 -06 414106] DELETED (2) in its entirety [Amd. Ord. 16 -06 4141061 (iii) Workforce housing units, equal to at least twenty percent (20 %) of the residential units on the top floor, shall be provided within the development onsite, offsite, or through monetary contributions as referenced in Article 4.7 (fractions shall be rounded up). The workforce housing units shall be at the low or moderate income levels and shall comply with other applicable provisions of Article 4.7. [Amd. Ord. 51 -08 11118108] (iv) That the increase in height shall be allowed if two or more of subsections 4.3.4(J) iv (1), (2) or (3) are met: [Amd. Ord. 51 -08 11118108]; [Amd. Ord. 16 -06 414106]; [Amd. Ord. 67 -04 114105] DELETED (1) and (2) and renumbered [Amd. Ord. 16 -06 414106] 4.3 -3 SECTION 4.3.4 (J) (4) (b) (i) (9) (1) That for each foot in height above 48 feet, an additional building setback of two feet is provided from the building setback lines which would be established for a 48 -foot tall structure. The additional setback is required from all setback lines (i.e., front, side, and rear) for the portion of the building that extends above 48 feet. In lieu of this setback requirement, buildings in the CBD zone shall adhere to the setback requirements of that district; [Amd. Ord. 21 -04 514104] (2) That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking); [Amd. Ord. 67 -04 1104105] (3) That open areas, such as courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. [Amd. Ord. 16 -06 414106] 4.3-4 Section 4.4.13 (E) (5) (5) The process for modification of a conditional use and site plan approved pursuant to Section 4.4.13 (I) is as follows: [Amd. Ord. 8 -98 213198] (a) Modifications to any aspect of the plan that was a basis for determining compliance with the applicable performance standards shall be processed as a modification to the conditional use approval. [Amd. Ord. 8-98 213198] (b) Modifications to the plan that do not affect the application of the performance standards may be processed as a site plan modification. [Amd. Ord. 8-98 213198] (6) All development applications which are processed through either the Planning and Zoning Board, SPRAB, or HPB shall be referred to the Downtown Development Authority and the Community Redevelopment Agency prior to action by the approving body. [Amd. Ord. 01 -12 8121112]; [Amd, Ord. 8 -98 213198] (7) Any development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I) is subject to review by the Historic Preservation Board, pursuant to Section 2.2.6(D). [Amd. Ord. 01 -12 8121112] (F) Development Standards: The development standards set forth in Section 4.3.4 shall apply, except as modified below. In case of conflict with other applicable development regulations, this Section shall apply: [Amd. Ord. 24 -95 5116195] (1) Heigh - The CBD is a geographic area in which exceptions to height regulations are allowed pursuant to Section 4.3.4(J). [Amd. Ord. 21 -04 5141041 (a) Overall Height of buildings shall be a minimum of twenty -five feet (25') and a maximum of forty -eight feet (48') in height (4 stories maximum). Exceptions to the height limitations shall comply with Section 4.3.4(J)(3) and (4). For the purposes of this section, height is defined as the vertical distance from grade to the highest finished roof surface of a flat roof, or the soffit above the last habitable floor of a gable, hip or gambrel roof. Amd. Ord. 6 -07 315107] (b) Arcade Height shall be a minimum ten feet (10'), measured from finished arcade floor to finished arcade ceiling. Section 4.4.13. (D) (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: DELETED NUMBERS AND RENUMBERED. [Amd. Ord. 10 -11 415111] ;[Amd. Ord. 20 -08 4115108] (1) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty. (2) Child care and adult day care. (3) Financial institutions, e.g., banks and similar institutions including drive through facilities pursuant to restrictions set forth in Section 4.4.13(H)(1). [Amd. Ord. 45 -06 9119106]; [Amd. Ord. 70 -04 1/4105] (4) Funeral homes including accessory uses, such as, a chapel, crematory, and the like. [Amd. Ord. 70 -04 114105] (5) Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use shall not be allowed in the West Atlantic Neighborhood, the Beach District, nor on lots which front along Atlantic Avenue or N.E. 2nd Avenue (alkla Pineapple Grove Way), beginning at a point 105' south of N.E. 4th Street. [Amd. Ord. 70 -04 114105]; [Amd. Ord. 64 -04 11116104]; [Amd. Ord. 22 -99 7120199] (6) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. [Amd. Ord. 70 -04 114105] (7) Veterinary clinics. [Amd. Ord. 70 -04 114105]; [Amd. Ord. 14 -91 02/26/91 ] (8) Movie theaters, excluding drive -ins. [Amd. Ord. 70 -04 114105] (9) Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances). [Amd. Ord. 70 -04 114105] (10) Flea markets, bazaars, merchandise marts, and similar retail uses. [Amd. Ord. 70 -04 114105]; [Amd. Ord. 51 -92 10127192] (11) Wash establishment, with automatic /mechanical systems only, for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue. Further, this use must be established on property with a minimum lot area of 20,000 sq.ft. [Amd. Ord. 70 -04 114105]; [Amd. Ord. 51 -93 101261931 ,I _ - - 10. 1 ON - - A I 1 Em ILF] t NE_ 1 1 1 2RJ33 Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). [Amd. Ord. 70 -04 114105]; [Amd. Ord. 23- 01 5/1101] 114) Restaurants, Cocktail Lounges, Hotels, and Residential Type inns may provide their required parking as valet parking, subject to the provisions of Section 4.6.9(F)(3). [Amd. Ord. 70 -04 114105]; [Amd. Ord. 37 -01 7110101] 114 -1-5� Drive -in or drive - through restaurants on property located within the West Atlantic Neighborhood. [Amd. Ord. 70 -04 114105]; [Amd. Ord. 64 -04 11116104] 115X46) Hotels, motels, and residential -type inns on property located within the West Atlantic Neighborhood. [Amd. Ord. 11 -10 7120110]; [Amd. Ord. 70 -04 114105]; [Amd. Ord. 64 -04 11116104] 16 1-7� Free standing or mixed -use residential development, including residential licensed service provider facilities and assisted living facilities at a density greater than twelve (12) units per acre, but not exceeding 30 units per acre, on property located within the West Atlantic Neighborhood, subject to the standards and limitations of Section 4.4.13(I). [Amd. Ord. 47 -11 113112]; [Amd. Ord. 10 -11 415111]; [Amd. Ord. 27 -07 8121107]; [Amd. Ord. 70 -04 1/4105]; [Amd. Ord. 64 -04 11116104] 1�}(I-8) Bed and Breakfast Inns within the West Atlantic Neighborhood, subject to the provisions of LDR Section 4.3.3(Y) [Amd. Ord. 11 -10 7120110] 118 --9) Live/Work Unit, subject to Section 4.3.3 (KKK). [Amd. Ord. 23 -10 1015110] 119 2A) Large Family Child Care Home subject to Section 4.3.3(TT). [Amd. Ord. 25 -10 10119110] 2�) Segway Tours and Segway Sales pursuant to restrictions set forth in Section 4.3.3(ZZZZ). [Amd. Ord. 04 -11 415111] (E) Review and Approval Process: (1) In established structures, uses shall be allowed therein upon application to, and approval by, the Chief Building Official for an occupational license. (2) For any new development, approval must be granted by the Site Plan Review and Appearance Board (SPRAB) pursuant to Sections 2.4.5(F), 2.4.5(H), and 2.4.5(1), unless the property is located within a designated historic district or is individually designated. [Amd. Ord. 01 -12 8121112] (3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (4) Applications for conditional use approval pursuant to Section 4.4.13(I) must include, in addition to the standard application items of 2.4.3(A), a site and development plan (including landscaping, elevations, and floor plans) that are of sufficient detail to determine that the applicable performance standards are being met. Final approval of the detailed site plan is by the Site Plan Review and Appearance Board. [Amd. Ord. 8-98 213198] MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: August 28, 2013 SUBJECT: AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 APPOINTMENT TO THE BOARD OF ADJUSTMENT ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Board of Adjustment. BACKGROUND The term for alternate member, Ms. Brenda Cullman, will expire on August 31, 2013. Ms. Cullman will have served an unexpired term, is eligible and would like to be considered for reappointment. Appointment is needed for one (1) alternate member. The Board of Adjustment shall consist of five (5) regular members. In addition, there shall be two (2) alternate members. To qualify for appointment, a person shall be either a resident of or own property in the City, and /or own a business within the City. The following individuals have submitted applications and would like to be considered for appointment: Robin Bird Director of Development Services (also applying for the Planning & Zoning Board) Brenda Cullman Retired Superintendent (also applying for the Planning & Zoning Board) Incumbent Jerome Sanzone Building Official (also applying for the Planning & Zoning Board and the Site Plan Review & Appearance Board) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and they are registered. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) alternate member to serve a two (2) year term ending August 31, 2015. RECOMMENDATION Recommend appointment of one (1) alternate member to serve a two (2) year term ending August 31, 2015. BOARD OF ADJUSTMENT 08/13 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2015 Harvey Starin Real Estate Broker Appt 08/16/11 Reappt08 /20/13 08/31/2014 Mel Pollack, Vice Chair Retired- Security Appt 08/19/09 alt Unexp Appt 02/16/10 reg Reappt09 /07/10 Reappt08 /21/12 08/31/2014 Dale Miller Interior Designer Appt 08/16/11 alt Unexp Appt 09/20/11 Reappt 08/21/12 08/31/2014 Allen Kilik, Chair Retired -CEO Unexp Appt 05/17/11 reg Unexp Appt 10/19/10 alt Reappt08 /21/12 08/31/2015 Michael Park Attorney Unexp Appt 06/07/11 Appt 08/16/11 reg Reaapt08 /20/13 ALTERNATES 08/31/2013 Brenda Cullinan Retired Unexp Appt 11/01/11 08/31/2015 Jess Sowards Architect Unexp Appt 04/16/13 U W Q O z U 0 H w w ti 00 � O p 00 00 O O 00 00 O O 00 00 O O � 00 O O � O M � p O W W � W W � ^' A7.. V ^• � y � i i M � A i w � w A � i z � d 'O W O -o i i MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: August 28, 2013 SUBJECT: AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Historic Preservation Board. BACKGROUND The terms for regular members, Mr. Ronald Brito and Ms. Iris McDonald will expire on August 31, 2013. Mr. Brito and Ms. McDonald will have served one (1) full term, are eligible and would like to be considered for reappointment. Appointments are needed for two (2) regular members. To qualify for appointment, a person shall either be a resident of, or own property in the City, and /or own a business within the City. In addition, the City Commission shall fill five (5) seats on the Board with either an architect, landscape architect, realtor /real estate broker, civil engineer, general contractor, architectural historian, preservationist, land planner or interior designer. Laypersons of knowledge, experience and judgment that have an interest in historic preservation shall compose the balance of the Board. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. The following individuals have submitted applications and would like to be considered for appointment. (Applications are in alphabetical order; however, the applicants are placed in their respective categories.) (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 Jacquet (Seat #2) and Commissioner Frankel (Seat #3) for two (2) regular members to serve two (2) year terms ending August 31, 2015. RECOMMENDATION Recommend appointment of two (2) regular members to serve two (2) year terms ending August 31, 2015. HISTORIC PRESERVATION BOARD 08/13 TERM REGULAR MEMBERS OCCUPATION EXPIRES 08/31/2014 Ana Maria Aponte Urban Designer Unexp Appt 08/16/11 Reappt08 /21/12 08/31/2013 Ronald Brito General Contractor Appt 08/16/11 President 08/31/2014 John Miller Unexp Appt 08/20/13 Merchandising Director 08/31/2014 Annie Adkins Roof, Chairperson Attorney /Real Appt 08/17/10 Estate Broker Reappt09 /04/12 08/31/2014 Annette Smith, Vice Chairperson Business Unexp Appt 10/05/10 Owner /Intenior Reappt09 /20/12 Designer 08/31/2013 Iris McDonald Realtor Appt 08/16/11 08/31/2015 Samuel Spear, 2nd Vice Chairperson Computer Appt 09/06/11 Consultant Reappt08 /20/13 HISTORIC PRESERVATION BOARD EXHIBIT A Applicants with experience in the professions required: Ronald Brito General Contractor (also applying for the Site Plan Review and Appearance Board and the Planning & Zoning Board) Incumbent Iris McDonald Realtor Incumbent Francis Owen Educator/Realtor Rhonda Sexton Interior Designer Applicants interested in being a Layperson: Philip Friedman Financial Aid- Assistant Director Karen Goranson Paralegal -Owns a home in a Historic District Pamela Grossman Recruiter David Harden Retired City Manager -Owns a historic home Dorothy Payne Companion Adam Reback Government Operations (currently serving on the Nuisance Abatement Board) Francis Rozzo Roofing Contractor -Owns a home in a Historic District Darla Sernoff Retired - Realtor U W Q O z U 0 H w ti O O O O O O O O O O O O p x 4: i..l i i M OC�j a H H � 0 N O t Qn U \ / CA Qn a� MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: August 28, 2013 SUBJECT: AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 APPOINTMENT TO THE PLANNING & ZONING BOARD ITEM BEFORE COMMISSION This item is before Commission for an appointment to the Planning & Zoning Board. BACKGROUND The term for regular member Mr. Jan Hansen will expire on August 31, 2013. Mr. Hansen will have served an unexpired term, is eligible and would like to be considered for reappointment. Appointment is needed for one (1) regular member. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. (See Exhibit "A" attached) The following individuals have submitted applications and would like to be considered for appointment: 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 Frankel (Seat #3) for one (1) regular member to serve a two (2) year term ending August 31, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve a two (2) year term ending August 31, 2015. PLANNING AND ZONING BOARD 08/13 TERM REGULAR MEMBERS OCCUPATION EXPIRES 08/31/2014 Clifford Durden Educator Appt 08/17/10 Reappt08 /07/12 08/31/2014 Derline Pierre -Louis Plan & Budget Appt 08/07/12 Reviewer 08/31/2014 Craig Spodak, Vice Chair Dentistry Appt 09/07/10 Reappt08 /07/12 08/31/2015 Christopher Davey Real Estate Broker Appt 08/20/13 08/31/2014 Thuy Shutt Assistant Director Reappt08 /07/12 08/31/2013 Jan Hansen V.P. of Regulatory unexp Appt 05/01/12 Affairs 08/31/2015 Jordana Jarjura Attorney Appt 08/20/13 PLANNING & ZONING EXHIBIT A Robin Bird Director of Development Services (also applying for the Board of Adjustment) Ronald Brito General Contractor/President (also applying for the Site Plan Review and Appearance Board; currently serving on the Historic Preservation Board) Roger Cope Architect (also applying for the Site Plan Review and Appearance Board) Brenda Cullinan Retired Superintendent (currently serving on the Board of Adjustment) Gerald Franciosa Retired /Law Enforcement Frank Frione Engineering Consultant/CFO (also applying for the Site Plan Review & Appearance Board) Sheri Hack Legal/Real Estate Jan Hansen Vice President of Regulatory Affairs Incumbent Jay Jacobson Real Estate Investment/President (also applying for the Site Plan Review & Appearance Board) Mark Krall Attorney Pearl Markfield Elrod Realtor Robert Marks Chief Construction Inspector (also applying for the Site Plan Review and Appearance Board) Jeremy Office Wealth Management /Owner Michael Park Attorney (currently serving on the Board of Adjustment) Kenneth Peltzie Health Administration /Self - employed Joseph Pike Paul Pugliese Architect Cartographer Loren Rubenstein Educator (also applying for the Site Plan Review and Appearance Board) PLANNING & ZONING EXHIBIT A Jerome Sanzone Building Official (also applying for the Board of Adjustment and the Site Plan Review and Appearance Board) Terra Spero Marketing (also applying for the Site Plan Review and Appearance Board) Harold Van Arnem Commercial & Residential Developer - Principal Alan Weitz Banking Andrew Youngross Engineering Consultant/Principal (also applying for the Site Plan Review & Appearance Board) U W Q O z U 0 H w ti N � p N M 00 � O M Vl 00 O M 00 00 O M pp � O pp 0 O O �i y i i M N � / Z i A z a 0 i .o i bA a N 'O O / N i MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: August 28, 2013 SUBJECT: AGENDA ITEM 9.H. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Site Plan Review & Appearance Board. BACKGROUND The term for regular member, Ms. Alice Finst, will expire on August 31, 2013. Ms. Finst will have served an unexpired term, is eligible and would like to be considered for reappointment. Appointment is needed for one (1) regular member. To qualify for appointment, a person shall either be a resident of, or own property in the City, and /or own a business within the City. In addition, the City Commission shall fill five seats on the Board with an architect, landscape architect, realtor /real estate broker, civil engineer, general contractor, sign contractor, land planner or interior designer. The remaining two seats shall be at large. The Commission shall endeavor to appoint as many disciplines as possible to the board. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr. Borrero. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) regular member to serve a two (2) year term ending August 31, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve a two (2) year term ending August 31, 2015. SITE PLAN REVIEW AND APPEARANCE BOARD 08/13 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2014 Jose Aguila Architect Appt 08/07/12 08/31/2014 Jason Bregman Consultant /Landsc Appt 08/07/12 ape Architecture 08/31/2013 Alice Finst Unexp Appt 01/03/12 Citizen -at -Large 08/31/2014 Rustem Kupi, 2nd Vice Chair Architect Appt 08/17/10 Reappt08 /07/12 08/31/2015 James Chard Marketing & Appt 08/20/13 Planning Consultant 08/31/2014 Mark Gregory Sign specialist Unexp Appt 06/05/12 + 2 yrs 08/31/2014 James Knight Real Estate Unexp Appt 05/15/12 + 2yrs Broker /General Contractor SITE PLAN REVIEW AND APPEARANCE BOARD APPLICANTS EXHIBIT A Applicants with experience in the professions required: Alejandro Borrero Architect/Project Director Ronald Brito General Contractor/President (also applying for the Planning & Zoning Board; currently serving on the Historic Preservation Board) Roger Cope Architect (also applying for the Planning & Zoning Board) Jerome Sanzone Building Official /General Contractor (also applying for the Board of Adjustment and the Planning & Zoning Board) Chris Stray Landscape Architecture & Design Joshua Weaver Project Manager /General Contactor Applicants for At Large Seat: Alice Finst Educator Incumbent Frank Frione Engineering Consultant/CFO (also applying for the Planning & Zoning Board) Jay Jacobson Real Estate Investment/President (also applying for the Planning & Zoning Board) Frederick Kaub Environmental Services/President Robert Marks Construction Inspector (also applying for the Planning & Zoning Board) Robert Moore Financial Management/President Loren Rubenstein Educator (also applying for the Planning & Zoning Board) Terra Spero Marketing (also applying for the Planning & Zoning Board) Andrew Youngross Engineering Consultant (also applying for the Planning & Zoning Board) U W t� O z U 0 w zN a s a s a� O M O M N O M O M O O O O O O O O O O O O O O � fy CL py fy � CL � CL �i �y 0 •� � •i�1 $vy i i O M W I a � A i z z �i U \ O / N i i MEMORANDUM TO: Mayor and City Commissioners FROM: Lisa M. Herrmann, Budget Officer David A. Boyd, Finance Director THROUGH: Louie Chapman, Jr., City Manager DATE: August 27, 2013 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 RESOLUTION NO. 38-13/ TENTATIVE MILLAGE LEVY ITEM BEFORE COMMISSION This item before Commission is Resolution No. 38 -13 which tentatively levies a tax on all properties in the City of Delray Beach for FY 2014. The proposed total millage rate for FY 2014 is 7.7999 vs. 7.8033 for FY 2013. The proposed FY 2014 total millage rate of 7.7999 can still be reduced at the second budget hearing on September 17, 2013 when the final millage rate is adopted. BACKGROUND The proposed FY 2014 total millage rate is composed of two parts - an operating millage of 7.4546 and a debt service millage rate of 0.3453. The proposed operating millage is more than the rolled back millage rate (6.8505) by 8.82 %. The total millage rate for FY 2014 (both operating and debt service) is less than the total millage for FY 2013 by 0.0034 or 0.04 %. The final operating and debt service millage rates will be determined by the City Commission on September 17, 2013. The assessed valuation on all taxable property within the City for operating purposes is $6,610,035,071. The assessed valuation for debt services is $6,612,004,527. The reason for the differential is the exemptions that were granted to the historic properties in the City. They apply to operating millage only. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to adoption of the resolution. The final FY 2014 millage rates and budget are scheduled for adoption on September 17, 2013. RECOMMENDATION Recommend approval of Resolution No. 38 -13 - Tentative Millage Levy for FY 2014. RESOLUTION NO. 38 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $7.4546 per one thousand dollars ($1,000.00) of assessed valuation is hereby tentatively levied on all taxable property within the City of Delray Beach for the fiscal year commencing October 1, 2013, and ending September 30, 2014. There shall be and hereby is appropriated for the General Fund operations of the City revenue derived from said tax for operating and maintenance expenses of the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the City of Delray Beach is $6,610,035,071. The tentative operating millage rate of $7.4546 per one thousand dollars ($1,000.00) is greater than the rolled -back rate of $6.8505 per one thousand dollars ($1,000.00) by 8.82 %. Section 2. That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of the City of Delray Beach is $2,168,937. There is hereby appropriated for the payment thereof, all revenues derived from the tentative tax levy of $0.3453 per one thousand dollars ($1,000.00) of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 2013, and ending September 30, 2014, upon the taxable property of the City of Delray Beach, the assessed valuation being $6,612,004,527. Section 3. That the above tentative millage rates are adopted subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that a municipality may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than one percent (1 %) with the taxable value shown on the assessment roll to be extended. Section 4. That a public hearing was held on the proposed budget on September 3, 2013. PASSED AND ADOPTED in regular session on this the 3rd day of September, 2013. MAYOR ATTEST: City Clerk RES. NO. 38 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: Lisa M. Herrmann, Budget Officer David A. Boyd, Finance Director THROUGH: Louie Chapman, Jr., City Manager DATE: August 27, 2013 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 RESOLUTION NO. 39-13/ TENTATIVE MILLAGE LEVY/DDA ITEM BEFORE COMMISSION Resolution No. 39 -13 tentatively levies a tax in the amount of 1.0000 mil on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2014. BACKGROUND The proposed millage rate of 1.0000 for the DDA is the same as FY 2013 and is greater than the rolled back rate (0.9555) by 4.66 %. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach is $563,110,918. A copy of the proposed DDA budget for FY 2014 is attached. Final adoption of the DDA tax levy for FY 2014 is scheduled for September 17, 2013. RECOMMENDATION Recommend approval of Resolution No. 39 -13 - Tentative DDA Millage Rate for FY 2014 RESOLUTION NO. 39 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $1.0000 per one thousand dollars ($1,000.00) of assessed valuation is hereby tentatively levied on all taxable property within the Downtown Development Authority Taxing District of the City of Delray Beach for the fiscal year commencing October 1, 2013, and ending September 30, 2014. There shall be and hereby is appropriated for the purpose of financing the operation of the Downtown Development Authority Taxing District revenue derived from said tax for operating and maintenance expenses of the Downtown Development Authority Taxing District, and also in addition, all revenues derived by said Taxing District during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach is $563,110,918. The tentative operating millage rate of $1.000 per one thousand dollars ($1,000.00) is more than the rolled -back rate of $0.9555 per one thousand dollars ($1,000.00) by 4.66 %. Section 2. That the above tentative millage rate is adopted pursuant to Florida Statutes Section 200.065(2)(e)(2), and subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that each affected taxing authority, other than municipalities, counties, school boards, and water management districts, may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than three percent (3 %) with the taxable value shown on the assessment roll to be extended. Section 3. That a public hearing was held on the proposed budget on September 3, 2013. PASSED AND ADOPTED in regular session on this the 3rd day of September, 2013. MAYOR ATTEST: City Clerk RES. NO. 39 -13 Approved Budget 2013_14 & Revised Budget 2012_13 Top Line Report Budget 2012 -13 Amended Budget 2012 -13 Estimated Year End 9/30/13 Proposed Budget 2013 -14 Percent Change against 2012 -13 Amended Percent of Revenue 2013 -14 Proposed Budget Revenues: 496,566 83,000 506,566 86,000 505,316 103,600 535,706 57,000 5.75% - 33.72% AD VALOREM TAXES & INTR. SPONSORSHIP RAISED Total Revenues Expenditures.. 579,566 592,566 608,916 592,706 0.02% 185,900 35,000 10,000 45,000 50,000 325,900 214,999 39,797 30,300 285,096 579,566 610,996 i 190,300 47,000 13,000 18,041 50,000 318,341 201,458 33,397 37,800 272,655 592,566 590,996 210,891 47,000 13,000 15,000 50,000 335,891 200,645 34,195 36,391 271,230 608,916 607,121 185,528 25,000 25,000 50,000 285,528 213,802 57,131 34,762 305,695 592,706 591,223 -2.51% - 46.81% - 100.00% 38.57% 40.00% -0.01% 6.13% 71.07% -8.04% 12.12% 0.10% 0.10% MARKETING /PROMOTION 31.30% ECONOMIC DEVELOPMENT 4.22% RETAIL PROMOTIONS 0.00% PLACE MAKING 4.22% TOTAL ECON. DEV. GRANTS 8.44% TOTAL DDA PROJECTS 48.17% Payroll Expenses 36.07% Operational Expenses 9.64% Office Expenses 5.86% Total Admin. Expenses 51.58% Total Revenues Less Total Expenses 99.75% (over) /under spent (31,430) 33,000 1,570 0 1,795 0 1,483 0 H. Alan Sponsor (misalloc) Net Income for year 1,570 1,570 1,795 1,483 Raised Revenues 83,000 86,000 103,600 58,642 57,000 SPONSORSHIP RAISED IN KIND REVENUES Total Raised Revenues 83,000 86,000 162,242 57,000 MEMORANDUM TO: Mayor and City Commissioners FROM: Lisa M. Herrmann, Budget Officer David A. Boyd, Finance Director THROUGH: Louie Chapman, Jr., City Manager DATE: August 27, 2013 SUBJECT: AGENDA ITEM N.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 RESOLUTION NO.40- INTENTATIVE BUDGET ADOPTION FOR FY 2014 ITEM BEFORE COMMISSION Resolution No. 40 -13 provides for tentative appropriations of sums of money for all necessary expenditures of the City for the period from the 1 st of October, 2013 to the 30th of September 2014. BACKGROUND The tentative FY 2014 Budget appropriations are set forth in Exhibit A of the attached Resolution No. 40 -13. The tentative budget utilizes an operating millage rate of 7.4546 and a debt service millage rate of 0.3453. Final millage rates will be determined by the City Commission prior to final adoption of the budget on September 17, 2013. Any recommended amendments to Exhibit A will also be addressed in the resolution for final budget adoption. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to adoption of the tentative budget. Final adoption of the budget for FY 2014 is scheduled for September 17, 2013. RECOMMENDATION Recommend approval of Resolution No. 40 -13 - Tentative Budget Adoption for FY 2014. RESOLUTION NO. 40 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE I" DAY OF OCTOBER, 2013, TO THE 30`t' DAY OF SEPTEMBER, 2014; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following sums of money, attached hereto and marked Exhibit "A ", are hereby tentatively appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1s' day of October, 2013, and ending the 30ffi day of September, 2014, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 1s' day of October, 2013, and ending the 30''' day of September, 2014. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30'' day of September, 2013, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1s' day of October, 2013. However, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1s' day of October, 2013. Section 4. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained. If such department, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefore. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Officer and /or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hereby tentatively adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures /expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures /expenses which have been included in this resolution. Section 9. That a public hearing was held on the tentative tax levy and the tentative budget on September 3, 2013. Section 10. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 3rd day of September, 2013. MAYOR ATTEST: City Clerk RES. NO. 40-13 CASH BALANCES BROUGHT FORWARD ESTIMATED REVENUES: TAXES AD VALOREM TAXES AD VALOREM TAXES AD VALOREM - DELINQUENT AD VALOREM - DDA Sales & Use Taxes Utility Taxes Other Taxes Franchise, Licenses & Permits Intergovernmental Charges for Services Fines & Forfeitures Miscellaneous Revenues Other Financing Sources TOTAL REVENUES AND OTHER FINANCING SOURCES TOTAL ESTIMATED REVENUES AND BALANCES M it lages 7.4546 0.3453 1.0000 Exhibit A Budget Summary DOWNTOWN GENERAL DEVELOPMENT FUND FUND 1,541,660 0 SPECIAL ENTERPRISE REVENUE FUNDS FUNDS TOTAL 1,554,250 0 3,095,910 47,304,160 0 0 0 47,304,160 2,168,970 0 0 0 2,168,970 350,000 0 0 0 350,000 0 535,706 0 0 535,706 1,305,000 0 0 0 1,305,000 5,235,000 0 0 0 5,235,000 4,174,000 0 0 0 4,174,000 8,991,630 0 1,200 0 8,992,830 6,599,600 0 245,750 651,100 7,496,450 10,517,540 0 43,029,310 0 53,546,850 998,500 0 0 93,750 1,092,250 5,916,510 57,000 250,930 618,040 6,842,480 4,553,240 0 1,075,000 1,024,620 6,652,860 1,285,693 98,114,150 592,706 44,602,190 2,387,510 145,696,556 148,792,466 99,655,810 592,706 46,156,440 2,387,510 148,792,466 General Government Services 10,106,640 0 0 0 10,106,640 Public Safety 56,125,660 0 0 93,750 56,219,410 Physical Environment 560,870 0 27,611,360 0 28,172,230 Transportation 3,523,710 0 0 0 3,523,710 Economic Environment 7,315,770 591,223 0 1,397,620 9,304,613 Human Services 59,750 0 0 0 59,750 Culture & Recreation 14,499,550 0 3,667,720 893,680 19,060,950 Debt Service 3,996,990 0 6,588,980 0 10,585,970 Other Financing Uses 3,216,870 0 7,256,630 0 10,473,500 TOTAL EXPENDITURES /EXPENSES 99,405,810 591,223 45,124,690 2,385,050 147,506,773 Reserves 250,000 1,483 1,031,750 2,460 1,285,693 TOTAL EXPENDITURES AND RESERVES 99,655,810 592,706 46,156,440 2,387,510 148,792,466 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: August 27, 2013 SUBJECT: AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 RESOLUTION NO. 33-131 CONTRACT FOR SALE AND PURCHASE OF 710 S.W. 5TH AVENUE ITEM BEFORE COMMISSION Approve Resolution No. 33 -13, authorizing the sale of a Neighborhood Stabilization Program property located at 710 SW 5t' Avenue, Delray Beach, FL 33444 to Kimberly L. Spells for the purchase price of One Hundred Twelve Thousand Nine Hundred Sixty Dollars and 00 /100 cents ($112,960.00) or appraised value and provide subsidy up to $32,200 secured by promissory note and second mortgage. BACKGROUND The City of Delray Beach has received $1,905,005 under the Neighborhood Stabilization Program (NSP) award through the Florida Department of Community Affairs by the U. S. Department of Housing (HUD) and $400,000 from the Delray Beach Community Redevelopment Agency (CRA) as a result of the Housing and Economic Recovery Act of 2008 (H.R. 3221). The NSP funding is intended to be used to purchase foreclosed or abandoned homes for rehabilitation, resale, or redevelopment in order to stabilize neighborhoods and stem the decline of home values. These funds are also intended to benefit Low, Moderate and Middle - Income Households (LMMI). LMMI households are defined as those with incomes less than one - hundred twenty percent (120 %) of Area Median Income (AMI) as determined by HUD. The City of Delray Beach desires to sell the subject property to Kimberly L. Spells for the purchase price of One Hundred Twelve Thousand Nine Hundred Sixty Dollars and 00 /100 cents ($112,960.00) or appraised value, said property being described as follows: LOT 22, BLOCK 4, ROSEMONT PARK, AS PER PLAT THEREOF, ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 13, PAGE 60. RECOMMENDATION Approve Resolution No. 33 -13, autorizing the sale of a NSP property located at 710 SW 5t' Avenue, Delray Beach, FL 33444 to Kimberly L. Spells for the purchase price of One Hundred Twelve Thousand Nine Hundred Sixty Dollars and 00 /100 cents ($112,960.00) or appraised value and provide subsidy up to $32,200 secured by promissory note and second mortgage. RESOLUTION NO. 33 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell property located at 710 SW 5th Avenue; and WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said property to be used for single family homeownership. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to sell to Kimberly L. Spells, as Buyer, for the purchase price of the lesser of One Hundred Twelve Thousand - Nine Hundred Sixty Dollars and 00 /100 cents ($112,960.00) or appraised value, said property being described as follows: LOT 22, BLOCK 4, ROSEMONT PARK, AS PER PLAT THEREOF, ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 13, PAGE 60. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are incorporated herein as Exhibit "A ". PASSED AND ADOPTED in regular session on the day of 52013. ATTEST: City Clerk MAYOR Exhibit A CONTRACT FOR SALE AND PURCHASE PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, ( "Seller "), of 100 N.W. V Avenue, Delray Beach, Florida 33444 and Kimberly L, Spells ( "Buyer "), of 713 SW 2nd Street, Delray Beach, FL 33444, hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property ") upon the following terms and conditions, which INCLUDE the Standards for Real Estate Transactions ("Standard (s)"), attached hereto and riders and any addenda to this Contract for Sale and Purchase ( "Contract'): I. DESCRIPTION: (a) LOT 22, BLOCK 4, ROSEMONT PARK, AS PER PLAT THEREOF, ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 13, PAGE 60. PCN: 12- 43- 46 -20 -14 -004 -0220 (b) Address: 710 SW 5th Avenue, Delray Beach, FL 33444 PURCHASE PRICE .. ............................... US $112,960 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before September 15, 2013, the deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. The date of this Contract ( "Effective Date ") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before sixty (90) days from the date of the execution of this agreement, unless extended by other provisions of this Contract. Vi. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title by Quit Claim Deed subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 "/2 feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. Vi 1. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. X. DISCLOSURES: (a) Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public health unit. (b) Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, they will be provided in the attached addenda. If there is an addenda, check here ✓ CITY OF DELRAY BEACH, FLORIDA Kimberly L. Spells By: By: Cary D. Glickstein, Mayor Date Print me:�% Date ATTEST: City Clerk By: _ Print Name: Date Approved as to Form: ATTEST: City Attorney 4 ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRAY BEACH, FLORIDA BUYER: Kimberly L. Spells PROPERTY ADDRESS: 710 SW 5th Avenue, Delray Beach, FL 33444, XI. SPECIAL CLAUSES; ADDENDA (Continued): A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ( "FIRPTA "): The parties shall comply with the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate of non - foreign status in the manner provided in Treasury Regulations Section 1.1445 -2. If the Seller provides the Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such certificate under those Regulations, the Buyer shall not withhold under Internal Revenue Code Section 1445. If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the Buyer generally is required to withhold 10% of the gross sales price from the Seller at closing and to pay the withheld amount over to the Internal Revenue Service (IRS) unless an applicable exemption from withholding or a limitation on the amount to be withheld is available. To the extent that the cash to be paid over to the Seller at closing is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the Buyer at closing cash equal to such excess for purposes of making such withholding payment. If the Seller's federal income tax on the gain is less than the applicable withholding amount, the Seller may make advance application to the IRS for reduced withholding and, if granted, the Buyer shall withhold only the authorized reduced amount. If such ruling has not been received by closing, the parties at closing shall enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending receipt of the ruling, provided that at closing the Seller shall have the obligation to provide to the escrow agent from the closing proceeds (or from the Seller's other resources if necessary) cash equal to the maximum required withholding, with any excess withholding being refundable to the Seller upon receipt of a favorable ruling from the IRS. Buyer and Seller understand that the IRS requires the Buyer and the Seller to have a U.S. federal taxpayer identification number and to supply that number on the foregoing forms. A foreign individual may acquire an International Taxpayer Identification Number for this purpose. Since it may take several weeks to receive the 3 number after application and the IRS will not process these forms without the actual number, a party lacking a TIN is advised to apply immediately. B. The Buyer shall have thirty (30) calendar days within which to conduct any and all feasibility studies and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted reasonable access to the premises to conduct such feasibility studies and determinations, including environmental assays, core drilling, surveys, soil sampling and other such testing. C. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach. SELLERS' INITIALS: BUYER'S INITIALS: 4 STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarket- able, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarket- able, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. S. uryey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: If applicable, Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closing: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. E H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. I. Expenses: Documentary stamps on the warranty deed and recording corrective instruments and the warranty deed shall be paid by Buyer. J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. K. Special Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3 %) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3 %) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s). M. Escrow: Any escrow agent ( "Agent ") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. N. Failure of Performance: If Buyer fails to perform this Contract within the time specified Seller shall be relieved of all obligations under Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. O. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. P. Conveyance: Seller shall convey the property by way of Quit Claim Deed subject to an easement for any utilities that may exist and lie on the property. Q. Other Agreements: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. R. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. %1 This instrument prepared by and return to: City of Delray Beach Neighborhood Services Division 100 NW 1"Avenue Delray Beach, Florida 33444 LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS FOR: CITY OF DELRAY BEACH NEIGHBORHOOD STABILIZATION PROGRAM THIS LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS (hereinafter Agreement) is made and entered into by and between the City of Delray Beach, a City existing by and under the laws of the State of Florida (hereinafter referred to as the "City ") and Kimberly L. Spells(hereinafter referred to as the "Owner "). RECITALS WHEREAS, the Owner owns certain land described in Attachment "A" attached hereto and incorporated herein by reference, hereinafter referred to as the "Property "; and WHEREAS, Owner is the beneficiary of Neighborhood Stabilization Program Funds pursuant to an Agreement between State of Florida, Department of Economic Opportunity and City dated the 5th day of February, 2010; and WHEREAS, the Owner has agreed to comply with certain use restrictions as a beneficiary of said Agreement; and WHEREAS, the City has provided Neighborhood Stabilization Program fundinV for the acquisition, rehabilitation and resale of the property located at 710 SW 5' Avenue, Delray Beach, Florida 33444. NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Owner agrees to sell the Property as a primary residence to an eligible buyer which shall remain as an owner - occupied residential unit by the Buyer for a minimum of 15 years from the date of purchase. 2. Owner covenants and agrees that Owner will not lease, convey or encumber the Property without the consent of the City while the restrictions provided herein remain in effect. 3. If Owner defaults in the performance of any obligation under the Mortgage and Note dated or restrictions set forth herein, and if such default remains uncured for a period of one hundred twenty (120) days after written notice thereof has been given by City, City shall be entitled to apply to any court having jurisdiction of the subject matter for specific performance of this Agreement, for the appointment of a receiver or successor to take over and operate the Property in accordance with the terms of this Agreement, or for such other relief, including monetary, as may be appropriate and as such court deems just, equitable, and reasonably required to effectuate the terms of this Agreement. 4. Owner represents and warrants to City: a. Owner has validly executed this Agreement and the same constitutes the binding obligation of the owner. Owner has full power, authority and capacity to enter into this Agreement, to carry out the Owner's obligations as described in this Agreement, and to assume responsibility for compliance with all applicable local, state, and federal rules and regulations. b. To the best of Owner's knowledge, the making of this Agreement and the Owner's obligations hereunder: i. will not violate any contractual covenants or restrictions between Owner or any third party, or affecting the Property; ii. will not conflict with any of the instruments that create or establish Owner's authority; iii. will not conflict with any applicable public or private restrictions; iv. do not require any consent or approval of any public or private authority which has not already been obtained; and v. are not threatened with invalidity or unenforceability by any action, proceeding, or investigation, pending or threatened, by or against Owner without regard to capacity, any person with whom Owner may be jointly or severally liable, or the Property or any part thereof. c. There is no litigation pending or proceeding known or, to the best of Owner's knowledge, threatened against Owner which, if adversely determined, could individually or in the aggregate have an adverse affect on title to or the use and enjoyment or value of the Property, or any portion thereof, or which could in any way interfere with the consummation of this Agreement. There is not pending or, to Owner's best knowledge, threatened against Owner any case or proceeding or other action in bankruptcy, whether voluntary or otherwise, any assignment for the benefit of creditors, or any petition seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief for Owner under any present or future federal, state, or other statute, law, or regulation relating to bankruptcy, insolvency, or relief from debtors. 5. Notices required to be given by this Agreement shall be in writing, by certified mail through the United States Postmaster, with copies to be mailed as set forth below. Required certified mail shall also have return receipt requested, addressed to the persons and places specified for giving notice below. Revisions to the names or addresses of those parties to receive notice may be made by either party by providing notice to the other party as provided herein. This in no way impacts the requirement to provide notice to the City of Delray Beach City Commission and to the City Attorney in the manner outlined above. Notice shall be forwarded to the following: For the City: Mayor City of Delray Beach 100 NW Vt Avenue Delray Beach, Florida 33444 With copies by U.S. mail to: City of Delray Beach Neighborhood Service Administrator Neighborhood Services Division 100 NW Vt Avenue Delray Beach, Florida 33444 Director Community Improvement Department 100 NW Vt Avenue Delray Beach, Florida 33444 For the Owner: Kimberly L. Spells 710 SW 5th Avenue Delray Beach, Florida 33444 6. The Owner and City agree that both parties have played an equal and reciprocal part in the drafting of this Agreement and, therefore, no provisions of this Agreement shall be construed by any court or other judicial authority against any party hereto because such party is deemed to have drafted or structured such provisions. 7. This Agreement shall be construed, and the rights and obligations of the City and Owner hereunder shall be determined, in accordance with the laws of the State of Florida. Venue for any litigation pertaining to the subject matter hereof shall be exclusive in Palm Beach County, Florida, unless prohibited by law. 8. In any litigation between the parties hereto arising out of this Agreement, the prevailing party shall be entitled to recover all fees and costs incurred in such litigation, including reasonable attorneys' fees, through appeal if necessary. 9. This Agreement shall be recorded in the Public records of Palm Beach County, Florida, by the City at the expense of the City subsequent to the closing of the sale to the Owner from the Developer. This Agreement shall run with the land and shall be binding on bothparties, their heirs, successors, and assigns upon recording. Certified copies of the recorded documents shall be provided to the Owner within ten (10) days of receipt of the recorded Agreement. IN WITNESS WHEREOF, forth and agrees to meet the agreement, in duplicate, this. WITNESSES the Owner has read and understands the terms set obligations contained herein by execution of this OWNER By: K� V-� Print Name: Title: By: Print Name: Phone Number: Date: ATTEST: CITY Office of City Clerk CITY OF DELRAY BEACH, FLORIDA by and through its City Commission By: By: Mayor Date of Execution: Attachment A Real property located at 710 SW 5th Avenue, Florida 33444 generally described as: LOT 22, BLOCK 4, ROSEMONT PARK, AS PER PLAT THEREOF, ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 43, PAGE 60. SECOND ADDENDUM TO CONTRACT FOR SALE AND PURCHASE Buyer: Kimberly L. Spells Seller: The City of Delray Beach Property: LOT 22, BLOCK 4, ROSEMONT PARK, AS PER PLAT THEREOF, ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 13, PAGE 60. The Parties further agree as follows: 1. Disclosures: A. Mold: Mold is naturally occurring and may cause health risks or damage to Property. If Buyer us concerned or desires additional information regarding mold, Buyer should contact an appropriate professional. B. Lead Warning Statement: Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead -based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The Seller of any interest in residential real property is required to provide the Buyer with any information on lead -based paint hazards from risk assessments or inspections in the Seller's possession and notify the Buyer of any known lead -based paint hazards. A risk assessment or inspection f or possible lead based hazards is recommended prior to purchase. Seller's Disclosure (initial) (a) Presence of lead -based paint and/or lead -based paint hazards (check one below): Known lead -based paint and/or lead -based paint hazards are present in the housing unit (explain) X Seller has no knowledge of lead -based paint and /or lead -based paint hazards in the housing unit. (b) Records and reports available to the Seller (check below): Seller has provided the purchaser with all available records and reports pertaining to lead -based paint and /or lead -based paint hazards in the housing unit (list documents) X Seller has no reports or records pertaining to lead -based paint and /or lead -based paint hazards in the housing unit. Page 1 of 3 Purchaser's Acknowledgment (Initial) (c) Purchaser has received copies of all information above. X (d) Purchaser has received the pamphlet Protect Your Family from Lead in your Home (e) Purchaser has (check one below): Received a 10 -day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead -based paint and/or lead -based paint hazards; or Waived the opportunity to conduct risk assessment or inspection for the presence of lead -based paint hazards. Agent's Acknowledgment (Initial) (f) Agent has informed Seller of the Seller's obligations under 42 U.S.C.4852 (d) and is unaware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and correct. PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES S THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS THE ASSESSMENT OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE NAY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 2. With respect to Standard (A), if title is found defective, Seller may, but shall have no obligation, to render title marketable. In the event Seller does not render title marketable within thirty (30) days after the date of Buyer's notice to Seller advising the Seller of the defects in title, Buyer shall have the option of either cancelling this Contract and receiving a refund of the deposits paid, or to accept title as is and close. 3. Seller has agreed to convey the Property to Buyer under the assumption that there are no liens, encumbrances, mortgages, assessments or other evidences of debt (hereinafter collectively referred to as "liens and encumbrances ") which must be paid by Seller at closing. In the event Buyer determines that there are liens and encumbrances, Seller shall have the option of paying off the liens and encumbrances at closing, failing which, Buyer may pay the liens or encumbrances, Buyer may cancel this Contract and receive a refund of its deposit, or Buyer may accept title as is subject to the liens and encumbrances and close. 4. With respect to Standard (L), if the Property is damaged by fire or other casualty before closing, Seller may elect to restore the Property, failing which, Buyer shall accept the Page 2of3 physical condition of the Property as is or Buyer may cancel this Contract and receive a refund of its deposit. 5. Standard (N) is hereby deleted and the following is stated in its place: "If Buyer fails to perform the Contract within the time specified, Seller may cancel this Contract and be relieved of all obligations under the Contract or Seller may seek specific performance. If Seller fails to perform this Contract within the time specified, Buyer may elect to cancel this Contract and receive a return of Buyer's deposit, or Buyer may seek specific performance ". 6. With respect to Paragraph (V) of the Contract, the transaction shall be closed and the deed and other closing documents delivered on or before thirty (30) days after Buyer has determined the Property condition is satisfactory to Buyer pursuant to Paragraph (XI) (B) of the Contract. Buyer accepts Property AS IS in its present physical condition, subject to any violations of governmental, building, environmental and safety codes, restrictions or requirements and shall be. responsible for any and all repairs and improvements required. Seller makes no representation or warranty relating to the physical condition of or title to the Property. 8. Standard (R) of the Contract is hereby deleted. 9. The terms and conditions of this Second Addendum control over any conflicting terms and conditions contained in the Contract or any the other Addendum to the Contract. Name of Purchaser BY: Date: f C tl City of Delray Beach, Seller Date: Page 3of3 THIRD ADDENDUM TO CONTRACT FOR SALE AND PURCHASE Buyer: Kimberly L. Spells Seller: City of Delray Beach Property: LOT 22, BLOCK 4, ROSEMONT PARK, AS PER PLAT THEREOF, ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 13, PAGE 60. The Parties further agree as follows: A. Additional covenants and restrictions: 1. Seller shall provide purchase assistance to LMMI eligible households in the form of non - amortizing, 0% interest, forgivable, deferred payment loan. 2. All loan awards from Seller to subsequent eligible purchaser shall be secured with a second mortgage /promissory note. Recapture terms are as follows: a. Assistance in the amount of $15,000 or less will require a 5 year non - amortizing mortgage. b. Assistance in the amount of $15,000.01- $40,000 will require a 10 year non - amortizing mortgage. C. Assistance in the amount of $40,000 + will require a 15 year non - amortizing mortgage. d. Assistance in purchasing newly constructed homes will require a 20 year non - amortizing mortgage. 3. Repayment of the full loan award will be immediately due to the City in the event any "qualifying event(s)" occur prior to expiration of the note. Qualifying event(s) are considered to be: a. Sale of unit or transfer of tile. b. Assisted homeowner fails to continuously occupy the home. c. Unit is rented. d. Unit is refinanced without prior authorization of the City. 4. Such repaid funds shall be transferred to the City of Delray Beach within seven (7) days of receipt. If assisted homeowner does not trigger any of the above mentioned qualifying events prior to the expiration of the note, the loan is totally forgiven. In the event the homeowner wishes to refinance his or her first mortgage or take out an equity loan to make repairs or improvements, the request must be in compliance with the City's subordinate policy. This policy is available through the Neighborhood Services Division and is available for public access. Page 1 of 2 5. Maximum Amount of Assistance: The maximum award is limited to 50% of the purchase prior of the unit; however, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to enable the Buyer to purchase the property at a monthly payment affordable to him or her. 5. Affordability: For the purpose of this Agreement, housing is considered affordable when the monthly mortgage payment, including taxes and insurance do not exceed 35 percent of an amount that represents the percentage of the median annual gross income for the household. However, this policy will not prohibit an individual households' ability to devote more than 35 percent of its income for housing. Housing, where a household devotes more than 35 percent of its income, shall be deemed affordable if the first mortgage lender is satisfied that the household can afford mortgage payments in excess of the 35 percent. Kimberly L. Spells, Purchaser By: Print Name: f C S Date: I ct I 1 Zj ATTEST: CITY OF DELRAY BEACH, Seller By: City Clerk Cary D. Glickstein, Mayor Page 2 of 2 NOTICE OF INTENT TO SELL REAL PROPERTY NOTICE IS HEREBY GIVEN that the City of Delray Beach, Florida, announces its intention to sell the following real property described as: ROSEMONT PARK DELRAY LOT 22 BLK 4 Resolution 33 -13 of the City Commission authorizing the sale of real property incorporating the terms and conditions thereof, will be considered at a public hearing to be held at 7:00 p.m. on September 3, 2013 at City Hall, Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida. CITY OF DELRAY BEACH, FLORIDA Chevelle D. Nubin, MMC City Clerk Publish: Palm Beach Post August 17, 2013 August 24, 2013 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: August 28, 2013 SUBJECT: AGENDA ITEM 10.E. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 ORDINANCE NO. 18 -13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider approval to individually designate the property located at 2 Fisher Lane, as "Two Fisher Lane ", and list it on the Local Register of Historic Places. BACKGROUND At the first reading on August 20, 2013, the Commission passed Ordinance No. 18 -13. RECOMMENDATION Recommend approval of Ordinance No. 18 -13 on second and final reading. ORDINANCE NO 18 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING TWO FISHER LANE, LOCATED AT 2 FISHER LANE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012" PROVIDING A GENERAL, REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and, WHEREAS, Charles Hardiman, as property owner, has nominated the property described herein to be designated as a local historic structure; and, WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noted Public Hearing in regard to the designation of the property as a local historic structure; and, WHEREAS, on August 7, 2013, the Historic Preservation Board of the City of Delray Beach recommended 5 to 0 that the property described herein be designated a local historic structure; and, WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Historic Preservation Board Memorandum Staff Report; and, WHEREAS, the City Commission of the City of Delray Beach finds the Ordinance is consistent with the Comprehensive Plan; and, WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed Public Hearing in regard to the designation of the property structure located on the property described herein as a local historic structure. NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the structure on the described property is hereby designated as a local historic structure in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulation of the City of Delray Beach, Florida, to -wit: Section 3 That the Planning and Zoning Director of said City shall, upon the effective date of this Ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to show the historic designation, in an overlay manner. Section 4 That all Ordinances or parts of Ordinances in conflict herewith be, and the same are hereby repealed. Section 5 That should any section or provision of this ordinance or any portion thereof any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8 That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. MAYOR ATTEST: City Clerk First Reading Second Reading Ord No 18 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners Page 1 of 2 FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, LEED (GA), DIRECTOR OF PLANNING AND ZONING THROUGH: LOUIS CHAPMAN, JR., CITY MANAGER DATE: August 14, 2013 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 ORDINANCE NO. 18 -13 ITEM BEFORE COMMISSION The item before the City Commission is that of approval to individually designate the property located at 2 Fisher Lane, as "Two Fisher Lane ", and list it on the Local Register of Historic Places. BACKGROUND The subject property is located at 2 Fisher Lane North on the east side of the street, south of NE 5th Street. The property also fronts on the Intracoastal Waterway. The property contains a one - story, single - family residence constructed in 1941. Although slightly altered over the years, the building and site have maintained their historic integrity. To qualify as a historic site, the property must fulfill one or more of the criteria set forth in the Land Development Regulations Section 4.5.1(B). The site is being considered for listing on the Local Register of Historic Places as it fulfills the criteria of (B)(2) for its historical and cultural significance. The residence at 2 Fisher Lane meets the above criteria as many of Delray Beach's pioneers and business and community leaders are connected with the property. The property was first owned by Adolf and Anna Hofman, one of Delray's first settler families. The house was built for M. Fisher Wright, for whom Fisher Lane was named. Among other notable property owners, the current owner, Mr. Charles Hardiman, is a 55 year resident of Delray Beach and has served on the Boards of many local organizations. The structure also fulfills the criteria of (B)(3) due to its architectural or aesthetic significance., exemplified by the "Resort Colonial Revival" style. The style is indicative of design trends at a time when Delray Beach was a popular winter destination and the buildings were influenced by New England architecture yet maintained a Florida typology. REVIEW BY OTHERS http: // itwebapp / Agendalntranet /Bluesheet.aspx "Item1D= 7073 &MeetingID =458 8/28/2013 Coversheet Page 2 of 2 The Historic Preservation Board (HPB) reviewed the subject designation at its meeting of August 7, 2013, where a recommendation of approval was made to the City Commission. RECOMMENDATION Move approval on first reading of Ordinance No. 18 -13 to place the property located at 2 Fisher Lane on the Local Register of Historic Places as "Two Fisher Lane ", 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 Section 4.5.1(13) of the Land Development Regulations. http: // itwebapp/ AgendaIntranet /Bluesheet.aspx "ltemID= 7073 &MeetingID =458 8/28/2013 I - 6`1 0767*"Ill mo ■ a I- Lel J. HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Designation Request: "Two Fisher Lane" Property Address: 2 Fisher Lane HPB Meeting Date: August 7, 2013 File No: 2013-189 ITEM BEFORE THE BOARD The action requested of the Board is that of making a recommendation to the City Commission on a request for individual designation of "Two Fisher Lane" located at 2 Fisher Lane, pursuant to Land Development Regulations (LDR) Section 4.5.1(C), Designation Procedures. BACKGROUND The subject property is located at 2 Fisher Lane North on the east side of the street, south of NE 5th Street. The property also fronts onto the Intracoastal Waterway. The property contains a one - story, single- family residence constructed in 1941. Although slightly altered over the year, the building and site have maintained their historic integrity. The designation report is attached which includes an in depth historic depiction of the property, photographs, original plans and additional relevant materials. Subsequent to this Public Hearing before the HPB, the designation will move forward for review by the City Commission where Public Hearings will be held on both September 20 and October 2, 2012. The designation is now before the Board for consideration. ANALYSIS LDR Section 4.5.1(B), Criteria for Designation of Historic Sites or Districts: Pursuant to Section 4.5.1(13)(1), to qualify as a historic structure, individual properties, structures, sites, or buildings, must have significant character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site, historic district, or historic structure, the property or properties must fulfill one or more of the criteria set forth in division (2) or (3) below,. The subject structure meets the following criteria: (13)(2) Historical or cultural significance: (d) Exemplifies the historical, political, cultural, economic, or social trends of the community in history; STAFF COMMENT: The residence at 2 Fisher Lane meets the above criteria in that many of Delray Beach's pioneers and business and community leaders are connected with the property. The property was first owned by Adolf and Anna Hofman, one of Delray's first settler families. The house was built for M. Fisher Wright, for whom Fisher Lane was named. Among other notable property owners, the current owner, Mr. Charles Hardiman, is a 55 year resident of Delray Beach and has served on the Boards of many local organizations. E 7' c,her Designation 2013-189 !-iPB Nleetica Septerr €be, 19, 20122 Page: 2 of 7 (B)(3) Architectural or aesthetic significance: (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles, (b) Embodies those distinguishing characteristics of an architectural style, period, or method of construction; (d) Contains elements of design, detail, material, or craftsmanship of outstanding quality or which represented, in its time, a significant innovation or adaptation to the South Florida environment. STAFF COMMENT: The architectural significance is exemplified by the "Resort Colonial Revival" style. The style is indicative of design trends at a time when Delray Beach was a popular winter destination and the buildings were influenced by New England architecture et maintained a Florida t olo Comprehensive Plan Future Land Use Objective A -4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and, where applicable, to architectural design guidelines through the following policies: Policy A -4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines ". Policy A -4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources at least once every five years. STAFF COMMENT: The proposed designation meets the intent of the applicable Objective and Policies noted above, as it will provide for the preservation of the subject structure, thereby ensuring the protection of an example of this type of style and building. Further, the comments above illustrate that the request meets the criteria set forth in LDR Section 4.5.1 which provides for the designation of "historically significant buildings." Therefore, the proposed designation is appropriate and a recommendation of approval should be forwarded to the City Commission. The Public Hearing dates for review of the subject designation by the City Commission have been tentatively scheduled for August 20 and September 3, 2013, COURTESY 1 PUBLIC NOTICES Public Notice letters were mailed to the property owners within a 500' radius of 2 Fisher Lane. Courtesy Notices of the Public Hearing were sent to the Neighborhood Advisory Council, Delray Citizens Coalition, and the Palm Trail Homeowners Association. Letters of support or objection, if any, will be presented at the HPB meeting, vqo Fisher i c S'i i 3c IC 3c�E a €?; 2013--182 ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission that "Two Fisher Lane" be listed in the Local Register of Historic Places at 2 Fisher Lane, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and Sections 4.5,1(B) and 4.5.1(C) of the Land Development Regulations, C, Move a recommendation of denial to the City Commission that "Two Fisher Lane" not be listed in the Local Register of Historic Places at 2 Fisher Lane, by finding that the request is inconsistent with the Comprehensive Plan, and Sections 4.5.1(8) and 4.5.1(C) of the Land Development Regulations. RECOMMENDATION Move a recommendation of approval to the City Commission that "Two Fisher Lane" be listed in the Local Register of Historic Places at 2 Fisher Lane, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and Sections 4.5.1(B) and 4.5.1(C) of the Land Development Regulations. Attachments: `Two Fisher Lane" Designation Report Staff Report Prepared by: Amy Alvarez, Historic Preservation Planner Two Fisher Lane 2 Fisher Lane Delray Beach, Florida 33483 Las Palmas Subdivision Table of Contents o General Information Site Inventory Owner's Consent Owner's Designation of Agency Affidavit o Location Map o Property or Site Inventory o Architecture Significance o Historical and Cultural Significance o Statement of Significance o Appendix A: Photographs (Author: Hardiman family photographs) o Appendix B: Florida Master Site File Forms o Appendix C: Plans and permits as back -up for Architectural and Cultural Significance Author: Dorothy W. Patterson 250 S. Ocean Blvd. Apt. 264 Delray Beach, Florida 33483 (561) 278 -2191, 716 -3425, summerpatt @bellsouth.net Location: Two N.E. Fisher Lane, Lots 40 and 41 in Las Palmas Subdivision PCN: 12 43 46 09 31 000 0400 Legal Description: Lots 40 and 41 of LAS PALMAS SUBDIVISION, according to the plat thereof recorded in Plat Book 10, page 68, of the Public Records of Palm Beach County, Florida. Together with that part of Canal Street vacated and abandoned by the City of Delray Beach by Resolution No. 3.2 -68, lying between the prolongation East of the North property line of said Lot 40 and the South property line of said Lot 41. Together with all easements, tenements, hereditaments and appurtenances belonging to the property. Zoning: Zoned for Single Family homes and used for Single Family home. (R -1 AA) Proposed Classification: Local Historic Designation under both Architectural and Cultural /Historic significance. Residence built for Mr. & Mrs. M. Fisher Wright in 1941 Additions by W. Cottingham Allen owner • Two -car Garage built at front, north side of site, 1951. • Swimming pool built 1951, rear of house w/ Intracoastal view. • Viking Sauna, now pool house, built in 1966. i. (A separate form must be completed by each property owner, or the property owner's of each property to be considered for removal from or expansion into the historic district_) I, A R L-(-= 6 V, V Hardiman , the fee simple owner of the property (Owners Name(s)) located at 2 Fisher Lane , Delray Beach, Florida, hereby (Property Address) support the petition to the City of Delray Beach for a historic designation for Two Fisher Lane (Proposed Historic Site /District Name) I certify that I have examined the application and that all statements and diagrams submitted are true and accurate to the best of my knowledge. I consent to inspection and photographing of the subject property by the Planning and Zoning Department Staff for purposes of consideration of this application and/or presentation to the approving body. Further, I understand that this application, attachments and fees become part of the Official Records of the City of Delray Beach, Florida, and are not returnable_ Owners Signature) (Owner's Signature) The foregoing instrument was acknowledged before me this 5 ___ day of 1011 , 20_L_a by cL .. who is personally known to me or has produced (type of identification) as identification and who did (did not) tape an oath. (Printed Name of Notary Public) Commission # -'DD 9cXj: 454 My Commission Expires to ""4 The foregoing instrument was acknowledged before me this day of 20^ by who is personally known to me or has produced (type of identification) as identification and who did (did not) take an oath. (Printed Name of Notary Public) Commission # My Commission Expires (VOTARY'S SEAL..) ?u$ 4dota� Public Stale of Florida n a° lr Margaret L Pendleton Wy Commission Dp928459 �O ¢ Expires 10/1712013 s'r ._ - �'' "City of Delray Beach, Historic Designation Application OWNEWS DESIGNATION Y (This form roust be completed by ALL property owners if designating an A,eent) L� f �` Hard iman I, Vr � ,the fee simple owner of the property (Owner's Name(s)) located at 2 Fisher Lane Delray Beach, Florida, hereby (Property Address) affirm that Dorothy W. Patterson (Applicants /Agent's Name) to act as agent of this application on my behalf. is hereby designated I certify that I have examined the application and that all statements and diagrams submitted are true and accurate to the best of my knowledge. Further, I understand that this application, attachments and fees become part of the Official Records of the City of Delray Beach, Florida, and are not returnable_ Gam" (Owner's tign ature) (Owner's Signature) The foregoing instrument was acknowledged before me this / :�i— , day of 20 1.3 - - - -- by who Is personaliy known to me or has produced (type of identification) as identification and who did (did not) take an oath. (Printed name of Notary Public) Commission # D D yid - 5— My Commission Expires �2, 1;7_A -013 r The foregoing instrument was acknowledged before me this , day of 20 by who is personally known to me or has produced (type of identification) as identification and who did (did not) take an oath. (Printed dame of Notary Public) Commission Ivey Commission ~. ray Y r Notary Put;iic State of Florida Margaret L Pendleton _ 1 p _ Ngc u illy Commission DD926459 C of Delra Beach, Historic Designation Application r rp �,o Z.xpires 1011712013 p w?+��G° f Expires AFFIDAVIT (This form must be completed by the Applicant) Before me, the undersigned authority, personally appeared & ��s �9 �, Hardi.man -- -- - (Applicant's Name) who being by me first duly sworn, deposes and says: 1. That the accompanying property owners list is, to the best of my knowledge, a complete and accurate list of all property owners' names, mailing addresses, and legal descriptions of all property lying within the within five hundred feet (500') of each property to be considered for individual designation and/or inclusion within a designated historic district as recorded on the latest official County tax rolls. 2. That the subject property(ies) is /are legally described as follows: (give legal description(s) and /or property addresses) - Multiple properties may be provided as an attachment: Lots 40 and 41 of LAS PALMAS SUBDIVISTON, according to the Plat thereof recordect in Plat book , page , of e Public RecorM of a rn Beach Co un orida. Together with that part of Canal Street vacated and abandoned by the City of Delray Beach by Resolution No. 12 -66, lying be tween the prolongation East of the North property line of said Lot 40 and the South property line of said Lot 41. Together with all easements, Y- (Applicant's Signature) The foregoing instrument was acknowledged before me this / �i , day of `'m c �_ , 20 /-3 by Chct -4es /�d <t k a .a <_, who is personally Known to or has produced (type of identification) as identification and who did take an oath. �4 , Y a Ck- vim_ . z ( nted Name of Notary Public) (Signature of Notary Public) Commission # p Z) j-�� 5— ��` , My Commission Expires J E� (NOTARY'S SEAL) Notary Public State of Florida Margaret L Pendleton o My Commission ❑0926459 9�FCF Fla� Expires 1Oil 712013 - - re; City of Delray Beach, Historic Designation Application X11 lY L q r Tj cu a o cu tv I R1 cu r F-4 ri OD a �D 4 e{ O r - q] tl- Outstanding Builder Who Apprenticed with Architectural Firm in New England In the 1934s Delray's first registered architect Samuel Ogren Sr. created a "Better Housing Office" to provide the public with craftsmen in the construction trades. Two Fisher Lane reflects this craftsmanship. sufferers of the ship-wreck experience. Recently Roger Cope, a local architect who has worked on many restoration projects, nnade1he following comments on the exterior of the house atZ Fisher Lane regarding its architectural "—Itioa1941 home as you mentioned. Some of its features are mitered clapboard siding at the outside corners, minimal overhang at its roof, but with great detail inanadded crown and custom wood trim, nautical style (round) attic vents with wood keystones at all four points (up, down and both sides), low or gentle roof slope, and brick fireplace. It is very much a Florida Vernacular style with a bit of resort and nautical features mixed in—and nn small coincidence that itisnn the waterway. |f|had to pin it down more specifically, | would say |tis 'Resort Florida Vornacu|ar'. |am now renovating a1937house in Delray Beach. |1 has many of the exact same features but a slightly simpler exterior wood trim package. SoI have to believe the wood features on3 Fisher Lane were quite elaborate when bui|t." | think itis worthwhile toadd comments in this report from the present owner about the interior and exterior of the house: "The architectural style isa harmonious combination nf traditional New England and Florida features. There are four doors with fan window inserts at the top, three interior arched doorways, a cypress paneled dining room, Mexican tile floors, and a passage-way through two closets to connect the guest room to the rest of the house, and a fireplace. The exterior contains a concrete block patio that can be accessed directly from four different rooms in the house. The patio is separated from the street byawall. !n the rear nf the home isa pool with o separate matching pool house. This area has a clear T-shaped with an outlook uf island Drive Inlet. MV home was one ofthree similar houses in a row on Fisher Lane. The house to the south was torn down to make way for two large mansions. The house om the north is one nf the original homes on Fisher Lane. " Landscaping iy lush, well-maintained and filled with fruit trees, but the ambiance 0f Fisher Lane isin danger of disappearing forever. Itis one of the last Qf the charming human scale homes in the area. The owner is applying for Historic Designation for their property because hefears that surrounding property will continue tobe demolished and would like for his property 10 remain. Tm illustrate the Statement of Significance, theAstofDelnnypiwneers, business, and social leaders 0fthe community below who are connected with the house and its site include: Adolf Hofnman and Anna Hofman, one ofDe!rav's first settler families, owned the property where Two Fisher Lane islocated asitwas once part nf land they owned. Adolfavve|l-knovvn and skillful farmer, was a founder of Trinity Lutheran Church, and later a land developer. The Hofman family owns Deed No. 1, made June 9, 1896, from the Model Land Company owned by railroad magnate, HenryRag|er. In a series of letters written by Adolf tm his family in Germany, and now translated and held in the Delray Beach Historical Society archives, he says in Letter 7, dated a1 the height of the real estate boom in January 1925: "Since Delray io growing, the lots fetch colossal prices. |vviU divide my land between canal and railroad into |ots." John W. Hall, another prominent pioneer ofDelray is listed on the chain of title in 1925. Mr. Hall, a mayor of Delray, was Attorney-in-fact for the Hofman family and others on the 1924 Plat of Las Palmas Subdivision. John Hall and his son, Emmett who enjoyed success as an author of short stories and silent screen scenarios, built and operated the beautiful Mediterranean Style Delray Theatre that opened on Christmas Day ofl9Z3. The 1941 house was built for M. Fisher Wright for whom Fisher Lane is named. Mr. Wright was followed as an owner by nationally-known business leader Gordon Gibbs, who was President of the famous Katherine Gibbs Secretarial Schools his mother founded, and his wife, Blanche. The Gibbs not only flew in their personal airplane to visit various Katherine Gibbs Schools, but when in Delray Beach, sometimes flew tm the Bahamas for lunch. Local leaders and activists who have followed os owners the house are VV.[ottingharn Allen, a commissioner of Bethesda Hospital; Perry [Neal, Chairman of the Board of Wayside House; and Charles and Priscilla Hardimnan. Charles Hardimoan, the current owner, has served nmthe Boards of numerous local non-profit organizations. H8is855-year resident of Delray Beach. The late Priscilla Mardirnan was at@lented water-color artist. tlnl Source of Las Palmas According to the information contained on page 61 of The City ofDelray Florida by Frank Burnside Kingsbury of Keene, New Hampshire, (notes for a proposed history taken from 1925-35) he obtained the following infon-nation from Adolf and Anna Hofman- Notes on Adolf Hofman Land by Judy Hofman INNER=- 1-6 runw-TwAimmiIi Note: Judy Hofinan, who was married to Adolf Hofman's grandson before his death in recent years, wrote this information on the Delray Beach Pioneer Questiormaire mailed out with Pioneer Luncheon invitations during the Centennial of Settlement celebrations in 1995, Katharine Gibbs School Library Library 200 Park Avenue New York, NY 10166 Thursday, May 25, 2000 Dorothy Patterson Delray Beach Historical Society 20 North Swinton Avenue Delray Beach, FL 33444 Dear Ids. Patterson I am enclosing several articles that I found in our archives that contain information on Blanche and Gordon Gibbs. Unfortunately, they have no date or title of publication. I have included the best pictures I could find of them.. The articles make slight mention of the Delray house. I hope they can be of some use. If I can be of further Delp please don't hesitate to call me at (212) 973 - 4987. Sincerely, Linda Perahia Librarian VOL. 5 NOVEMBER 1934 PTO. 3 J. Gordon Becomes President ITH the opening of the Katharine Gibbs Schools for their twenty-third year, announcement is made of the election of James Gordon Gibbs as President. Mr. Gibbs succeeds his mother, Mrs. Katharine M. Gibbs, as head of the schools, a position which she held continuously from their founding in 19r r until her death in May of this year. Mr. Gibbs assumes his new duties thor- oughly prepared to further the well -con- ceived policies of the Katharine Gibbs Schools. For the past ten years he has been intimately associated with their manage - ment, and has been Vice- President since their incorporation in 1928. Born in Providence, Rhode Island, in 1goo, Mr. Gibbs received his early education in the schools of that city.W ith the outbreak of the World War he left high school at the age of seventeen to enlist in the United States Army Ambulance Service, going. overseas in April 1918, with the first Amer- ican contingent to land in Italy. He was later transferred to France, seeing active service at St. Mihiel and the Argonne. The war over, he returned to the United States and was discharged in April, rg1g. At that time, he took up his college pre- paratory work where it had been inter- rupted by the War, subsequently attending Columbia University as a member of the class of 1924- Mr. Gibbs' service and experience with the Katharine Gibbs Schools have touched upon every phase of their management. Un- married, Mr. Gibbs has always made his home with his mother, and together they have worked in closest association, in school and out, to bring about the progress and development which distinguish the institu- tion. Week by week he journeys back and forth between New 'York, Providence, and Boston, maintaining constant and under - cr�nrlinrr rnnract with the entire orcrani?,a- JAMES GORDON GIBBS Lion, alert to any suggestion or idea for the betterment of the work of the schools. A frequent traveler to Europe, Mr. Gibbs is deeply interested in the older as well as the more modern methods of education throughout the world. He finds his fa- vorite relaxation on the salt water, is a familiar figure at the helm of his cutter, "Roustabout," in the waters of Long Island Sound, Narragansett Bay, and Marblehead. Mr. Gibbs is a member of Phi Sigma Kappa and Columbia University Club (1°. York), Manhasset Bay Yacht Club, Un1vt city Club (Boston), the Town Criers or Rhode Island. "The Gibbsonian" extends to him its con- gratulations, and wishes for him a long, successful administration. the girls po'Ured in quarter_ I told him I wasn't the janitor, but the president, but if he didn't round I'd keep his quarter all the same and pat it im the scholarship fund." It took Gordon Cobbs a while after graduation from Columbia, University and service in World War I to make up his mind to join his mother's school staff. He entered real estate firsk but a wily uncle convinced him that he was winning a good thing — that a rosy future lay ahead for the Kath- arsse Gibbs Schools. (By 1919, there were .already Boston and New York schools.) IT WAS WORLD WAR I that really pat Katie Grbba into business, according to Gordon Gibb& - "People lose hack nowadays of that war and the way It emancipated wopem Why, after it women could go out for the first time. Fashionable, well-educated girls could do stanetling, and they poured into our schouL Believe me, 7 did — so fast we had to restrict the cnrollme ;C" $atharme Gibbs became the first bowdmg school for secretarial training in the country. . Toda r, his 69 years and her 59 pears notwit]r- standing, the Gibbses travel bare and fords from their four far -flung campuses with the alacr&W of birds. That alacrity results partly from the fact that for years they had their own id— "Our last was a Grumman Widgem — a twin- motored ampbs'bian I took me flying - lesson in Miami back in 1948, and I liked it so much I de- cided I wanted more. I told my wife and she said, 'If you can By, so cam I,' and she did-- "We bad a Loose m Delmy. Bcack Florida, then, and sometmum we'd say, `Let's Lave Lmch is Nas- sau,' and away we'd co, But that was in the dsps when you cow& Today, Yates e just a glorified chauffeur in the air. There's too much traffic-7 The CH -bbses still. BY oouhnhercially, hmwever, ti from Florida to New York to Boston. and "back in time for tea." — abnoff . Mr. Gibbs spends muss of the winter nowadays in Florida, superintending the building of the now !souse, to be set amid coconut palms, date palms and bamboo. Mss. Gibbs spends the better part of the week -in New York; but Tbassday or Fr9lay she frequently heads for New En and a look at the Boston and Providence schools.' These she spends the weekend at the Gibbs' ldarion home. "That one is our concept of current living, ' Gordon Gibbs expla pmdly. "it's ciandc New England barn architecture is glass." For Blanche Gibbs, it means a cbance to change into sneakers and tweeds, which she loves, and to be :bear New Bedford, where she came from and where her brother still lives. "Oh, py father and I used to be quite familiar figs. on the streets of New Bedford," she laughed. "He was in the coffee import business and he always wore a yachting cap and had a little toffee counter on Purchase Street. I remember Mother would get me_ all dressed up for outings and then there'd be r breeze on the Fairhaven Bridge so he'd tuck a coffee sack around we to 7 _ ran o c° 2 `°r) r, :S n ro B 9Aq- o�v rw — �;:Q:I n n rd n a 0 * 0 CD Ln ..0 tea•. 0 M P.1 n O nab` r d ro� R r1) p E- C a■ ro � pq� -0 � . In7i � O = C � �• � 'S�i .�a CL tr4 cam' -O' CD � 5.Pj G n w4 -. M O �::; o ok p 1 .O l0 F7 P$ C O v O '-0 - _ rD G�v � w CAL �� C lD� p4. ..:. nCr 2 yr,�e N 4 - 8W rp '� °' O M 0 � ::I ° : W = n 26 n MI VD 0 C ° w R.°cra� n r °_ 'D Goa IMD 11 c t,. n ^t a± ra r: rc n y -, n rfl C- Ca � CD :3, O _ � D -"'-:; N Rte.+' -� � 0. Q ,D -�xn ra � O woo CL roG C�`� 8�0uw� �= e- M ..1.`O �. O O > �:_ VI 9d -ni n C:^ �'� w Win. ru �• m': C o �` p !p vs c➢. C f Rini CD 0 FD ro �, �. c° R v `C. . O p rt � O v, 'E 91 �+ry ,.; fL 0 n . O G O .P7. . �. a w � �j. N' �a •�.,�. O r ia. EF o o�gr y M b a. m� rD �r9AOa = o �.Q =5 oco -;� °° a E� a; i z F E/I Q g I H Q U) r7 m r7 IV Izr Itzp (1) 0 <rr mot+ er -r u O -i H co cci co 49 a ro rd U O 4 2 ul 3 • @ � I� rd w ro h rd W P-4 r� � ro 9 �t 4 - A �4 rM Qi r�i x O Q m p 4 U - ro o 4J EO ai 0 o � � ro [ � H -r-I H >i -4 E 3 _ N ro O O C� � � M �w Hw .0 �y u a: r -Pi 1 CJ ' U�J S-4 U h W C7 L7 P4 — 4J E o 4r-` w r-4 ry U) �� zu 0 x w ro Lr) 1�0 Lo ID QO M �� r4 F- M rt �� p A www r-! ,-1 0 0 Owner a.e.^ : H-ARDIMAN CHAI�LES Owner +. +:. , LN Owner Addr2: P♦ BOX Owner :..d Legal Descrp: LAS pALMAS SUB Roof Structure: GABLE OR HIP Roof Cover: Heating Fuel: ELECTRIC 33447 Heating Type: FRCD .AIR DUCTED E t Wall -1: .AVERAGE Ext Wall-2: Int Wall-1: PLASTERED inn Wall-2: X 1930 Int Floor -1: VINYL ASBESTOS Int Floor -2: CARPET CF3: End CF12: Backup C°4: Menu CF62 Search Enter: Next CAYCE RAF001ID (0 t. 2) PID: 12 43 Effective .Area...... Effective Rate...... RCN Value. ....... ... Actual Yr Built..... Effective Yr Built.. Market Adjustment... Market Value........ Use Code............ Heated Area......... m CARD Just Value.......,.. ,lust Total.......... Class value........ Class 'T'otal........ . M.A.F. w 14;54.- 33 5/10/99 09 31 000 0400 LAND 2,333 Total Market....... 225,000 58.73 Special Value...... 137,017 Total Value........ 225,000 X 1930 1947 Agricultural .5000 Literal.....,...... 68,509 Total Value........ 0100 a 1,768 miscellaneous 299,001 Market Literal..... MARKET 299,001 Previous Value..... 357,000 X- Features Value... 5,492 CF 4; Menu CF6: Search Enter: Next FI: HELP is a unique and irreplaceable asset in its neighborhood. Delray Beach Historical Society Archives, 111 N. Swinton Avenue, Delray Beach, Florida Hofman Family Information: Sketch map of A. Hofman's land from Frank Burnside Notes, 1925 to 1935 Letter No. 7 written by Adolf Hofman, 18 January 1925 (translated by Fritz Hofman) Interview with A. Hofman, HSPBC, 1937 House History compiled by Dorothy W. Patterson and Virginia Schmidt, 2000, Delray Beach Historical Society. (One copy) - -- Gordon Gibbs material: Katharine Gibbs School Library, 200 Park Avenue, New York, New York, May, 2000. -- Delray Beach Historical Society, Plat of Las Palmas Sub- Division, Book 10, page 68, 15 November 1924. Frank J. Schrader, Biography file Hofman, Charles, Letters from Linton, Legacy Press, 2004 Palm Beach County Courthouse Palm Beach County Tapes Inquiry: M.A.F. County Tapes Inquiry Chain of Title Delray Beach Public Library, City Directory Collection, 19481954 City of Delray Beach Building Permits: F.J. Schrader plans and specifications for M. Fisher Wright home, 1941; ##2082, 2168, 3152, W.C. Allen owner, Pope &z Blake architects, 1954; #3, #5110, #6371, P. CtNeal owner, 1966, 1975, 1979. Charles V.V. Hardiman: Personal Interviews, 2012 and 2013 Roger Cope, architect: Telephone Interview, 2012 Archives of First Presbyterian Church, 33 Gleason Street, Delray Beach,`Evening of Remembrance" 1959, and other material citing F.J. Schrader. Avrd ix Plh®+0 s O 1 ' irj 1 n-tertb r• Oren -}- U--A `l Cm d RYA i IV -? �Tr M� e e A�ende� A Piq a-+.O-s -Shaw ti+n_i Pao 1 ax% a -zn#CA — C D aS+a 4 V �f-ws aprhdox A Kmv- o� hOL%s Sh®u�aain +ree5 aTtd foot vAou e- Pa e 1 HISTORICAL STRUCTURE FORM Site # 8PB10896 Original 0 FLORIDA MASTER SITE FILE Recorder # 127 Update ❑ Can k Guff! To Hbkm esl swch" Forms rm dWIMd im,q,otlom Recorder Date 1112001 Site Name 2 NE Fisher Lane Other Names None ri.5 / f 1 9 Project Name City of Delray Beach Historic Resources Survey, Phase 11 historic Contexts WWII & Aftermath National Register Category Building Address 2 NE Fisher Lane Vicinity of East side, between NE 4th Street and NE 5th Street City Delray Beach County Palm Beach Ownership Private Subdivision Block # Lot # USGS Map Delray Beach 1962 PR 1969 & 1973 Township 46S Range 43E Section 9 Quarter SE Qtr Qtr SW Irregular Section ❑ UTM Zone 17 Easting 0593334 Northing 2928095 Land Grant Unknown Latitude NIA Longitude NIA Plat or Other Map Aerials ArchitectlBuilder Unknown Alterations ® Date 1975 Additions ® Date 1954 -1986 Moved ❑ Original Location Original Use(s) Private Residence WA Construction Date 1941 Type Remodeled porch Type Frame addition; Addition; Installed slab, roof & window wall enclosure Present Use(s) Private Residence Circa ❑ Style Florida Ranch Exterior Plan Irregular Interior Plan unknown Stories 1 Structural System Wood Frame Exterior Fabric Weatherboard Foundation Slab Foundation Materials Concrete Foundation Infill NIA No. of Porche s Dormers ❑ Outbldgs. ❑ NIA 0 Locations/Features NIA NumberlLocation NIA Number 0 Nature /Location (Describe below) Roof Type Gable Roofing Materials Composition Shingle Secondary Structures ❑ Comments/Location NIA Chimneys pp Number _1_ Orientation West Location Slope, Exterior Materials Brick Wood Windows ❑ Type NIA ._.,...,,..... _ .. Light # NIA Metal Windows 0 Type Awning Light # 4 Exterior Ornament Vents, Shtters with dogs, Vertical Wood in the gable end Condition Good Surroundings Residential Narrative (general, Interior, landscape, context; 3 lines only) This building is similar to 17 NE 8th Street. Archaeological Remains Present O None Observed FMSF Archaeological Site Form Completed (if yes, attach) ❑ Apfendix 7B Printed Monday, May 06, 2002 DHR USE ONLY OFFICIAL EVALUATIONS DHR USE ONLY DATE LISTED ON NATIONAL REGISTER DATE KEEPER DETERMINATION OF ELIGIBILITY DATE YES NO SHPO EVALUATION OF ELIGIBILITY DATE YES NO LOCAL DETERMINATION OF ELIGIBILITY DATE YES NO LOCAL OFFICE Research Methods Past sites and surveys search at FMSF, Building Permits, local and Nan -Local Library Research Bibliographic References Delray Beach Historic Sites Survey, 1987; Delray Bead Historic Resources Report, 1999 Location of Negatives Janus Research Negative Numbers Roll 2184 -9, Exp. 22 Facing SE Recorder Name Susan Daniel, Skye Wheeler, Jennifer Bradley Recorder Affiliation JANUS RESEARCH, 2935 First Avenue North, St. Petersburg, Florida 33713 Telephone 727- 821 -7600 REQUIRED: 1. USGS 7.W MAP WITH STRUCTURES PINPOINTED IN RED 2. LARGE SCALE STREET OR PLAT MAP 3. PHOTO OF MAIN FACADE, PREFERABLY B&W, AT LEAST 3x5 Printed Monday, May 06, 2002 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: August 30, 2013 SUBJECT: AGENDA ITEM H.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 ORDINANCE NO. 25-13 ITEM BEFORE COMMISSION This ordinance is before Commission for first reading to amend Chapter 51 "Garbage and Trash" of the Code of Ordinances by modifying Section 51.70, "Regular Charges Levied" to provide for increased residential and commerical collection service rates for FY 2014. BACKGROUND Garbage, recycling, yard trash, bulk trash, and commercial container fees are being amended. 1. Residential customers should see a slight increase (less than 1%) in their rates due to an approximate .86% increase in the CPI. There was no change in the fuel surcharge so there is no corresponding rate increase or decrease due to fuel cost changes. 2. Commercial rates were also adjusted by the CPI increase which was approximately .86% and 0% for fuel surcharge. All rate changes have been reviewed and approved by Waste Management in accordance with our contract. These rates go into effect October 1, 2013. RECOMMENDATION Recommend approval of Ordinance No. 25 -13 on first reading. If passed, a public hearing will be scheduled for September 17, 2013. ORDINANCE NO. 25 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED ", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2014; PROVIDING A GENERAL, REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it necessary and appropriate to increase the collection rates for sanitation services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works ", Chapter 51, "Garbage and Trash ", Section 51.70, "Regular Charges Levied ", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for collection service, unless the City has approved a different type of service and then each unit/ development shall be billed in accordance with the type of service that it is receiving: Charges for the below- described collection service shall be as follows and shall commence when a certificate of occupancy is issued by the City for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Section 51.73: (A) Residential Service (Single Family Homes, Duplexes, Triplexes, Quadplexes and Mobile Homes): Curbside Roll -Out Carts Monthly Service Cost Per Unit Garbage Collection $4,51 $6.61 Recycling $2.66$2.68 Yard Trash $2,66 $2.68 Total Fees -- Contractor $11.87 $11.97 Cart Replacement .90 Administrative Fee .35 Franchise Fee (10 %) $1.20 Less C & D Credit -0.20 Total Fees X4.09 $14.22 Rear -Door Owner Container Monthly Service Cost Per Unit Garbage Collection ;$17.38 Recycling $2-.64-$2.68 Yard Trash $2,66,-$2.68 Total Fees -- Contractor $22.55 $22.74 Administrative Fee 0.35 Franchise Fee (10 %) 42,24 $2.27 Less C & D Credit -0.20 Total Fees $24.94 $25.16 Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Monthly Service Cost Per Unit ORD. NO. 25 -13 Garbage /Trash Collection $4-44$4.47 Monthly Service Recycling $2-.66 $2.68 Yard Trash $2-.66 $2.68 $2-.46 $2.68 Total Fees -- Contractor $4.7-5 $9.83 Administrative Fee 0.35 Franchise Fee (10 %) $0.98 Less C & D Credit -0.20 Total Fees X10-8 $10.96 (B) Multi- Family Service Multiple - family dwelling units containing five (5) units or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of lack of suitable space for a mechanical container or other good reason. Multiple - family monthly fees shall be based on a per -unit charge. These monthly rates assume two (2) pickups per week. If the amount of refuse generated requires more than two (2) pickups per week, then the third and all subsequent collections shall be charged by the Contractor at the commercial collection rate only. If using roll out carts located within enclosures for multi- family collection service, in addition to the monthly total fee (based on the number of units) paid to the City, the Contractor is permitted to charge a roll -out rate that shall be the same as rollout cart service for commercial customers listed in Exhibit 1, Special Services, of the franchise agreement. If the Contractor furnishes the roll -out carts, as approved by the City, then a monthly fee of $1.00 per cart may be charged by the Contractor directly to the customer. Collection & Hauling Rate Per Unit 3 ORD. NO. 25 -13 Monthly Monthly Service Cost Per Unit Refuse Collection 44.0 $3.33 Recycling $2-.46 $2.68 3 ORD. NO. 25 -13 (C) Commercial Service (1) Commercial customers shall use mechanical containers or rollout carts. Commercial customers shall include all customers other than residential or multi - family customers. Commercial customers may use any of the following containers for accumulation of refuse: (a) Rollout Carts. The City shall require any commercial customer needing more than six (6) rollout carts to use mechanical containers, if feasible. (b) Mechanical Containers. (2) The owners /operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner /operator and the City or its contractor, and which are convenient for collection by the City or its contractor. (3) Mechanical containers emptied by mechanical means shall be provided by the contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its contractor, but not less than one day a week nor more than seven days a week. (4) Commercial customers needing six (6) or less rollout carts, and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container, shall be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractor and the customer. The charge shall be based upon the following schedule: ORD. NO. 25 -13 Total Per -Unit Fee -- Contractor $6.01 Administrative Fee 0.35 Franchise Fee (10 %) 44,60 $0.60 Less C & D Credit -0.10 Total Monthly Fees Per Unit $6.86 (C) Commercial Service (1) Commercial customers shall use mechanical containers or rollout carts. Commercial customers shall include all customers other than residential or multi - family customers. Commercial customers may use any of the following containers for accumulation of refuse: (a) Rollout Carts. The City shall require any commercial customer needing more than six (6) rollout carts to use mechanical containers, if feasible. (b) Mechanical Containers. (2) The owners /operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner /operator and the City or its contractor, and which are convenient for collection by the City or its contractor. (3) Mechanical containers emptied by mechanical means shall be provided by the contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its contractor, but not less than one day a week nor more than seven days a week. (4) Commercial customers needing six (6) or less rollout carts, and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container, shall be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractor and the customer. The charge shall be based upon the following schedule: ORD. NO. 25 -13 Commercial Rates (Monthly) Container Container Pickup Frequency (Per Week) Size 1 2 3 4 5 6 7 2 Yard 46.16 92.32 i z� I Q� 230.80 276.96 323.12 Collection 46.50 93.00 139.50 186.00 232.50 279.00 325.50 Disposal 24.35 48.70 73.05 97.40 121.75 146.10 170.45 Container Maintenance 19.40 19.40 19.40 19.40 19.40 19.40 19.40 Fee Total 59.9 -4 460.42 230.93 304.44 374.95 442.46 542.97 Contractor 90.25 161.10 231.95 302.80 373.65 444.50 515.35 Fees Franchise Fee 5-99 46.04 23.09 X40 445 54.38 (10 %) 9.03 16.11 23.20 30.28 37.37 44.45 51.54 Administrative 35 .35 .35 .35 .35 .35 .35 Fee Total Fees 99.25 476.84 254.37 334.93 409.50 487.06 564.62 99.63 177.56 255.50 333.43 411.37 489.30 567.24 3 Yard 69.24 438.48 207.72 276.96 346.20 445.44 484.68 Collection 69.76 139.52 209.28 279.04 348.80 418.56 488.32 Disposal 36.53 73.06 109.59 146.12 182.65 219.18 255.71 Container Maintenance 21.44 21.44 21.44 21.44 21.44 21.44 21.44 Fee Total 427.24 232.98 338.75 444.52 g 76 Contractor 127.73 234.02 340.31 446.60 552.89 659.18 765.47 Fees Franchise Fee 42.72 23.30 33.88 x-4.45 55.03 65.64 76.48 (10 %) 12.77 23.40 34.03 44.66 55.29 65.92 76.55 ORD. NO. 25 -13 Administrative 35 .35 .35 .35 .35 .35 .35 Fee Total Fees 140.28 256.63 372.98 489.32 605.67 722.02 140.85 257.77 374.69 491.61 608.53 725.45 842.37 4 Yard 922 184.64 276.96 369.28 461.60 553.92 646.24 Collection 93.01 186.02 279.03 372.04 465.05 558.06 651.07 Disposal 48.71 97.41 146.12 194.83 243.53 292.24 340.95 Container Maintenance 22.21 22.21 22.21 22.21 22.21 22.21 22.21 Fee Total 163.24 304.26 445.29 2 727.34 868.37 1009.49 Contractor 163.93 305.64 447.36 589.08 730.79 872.51 1014.23 Fees Franchise Fees 46.32 30.43 44.53 58.63 72.73 86..84 400.94 (10 %) 16.39 30.56 44.74 58.91 73.08 87.25 101.42 Administrative 35 .35 .35 .35 .35 .35 .35 Fee Total Fees 479.94 335.04 490.47 645.30 800.42 955.56 4440.69 180.67 336.55 494.45 648.34 804.22 960.11 1116.00 6 Yard 438.47 276.94 445.44 553.88 692.35 830.82 969.29 Collection 139.51 279.02 418.53 558.04 697.55 837.06 976.57 Disposal 73.06 146.12 219.18 292.24 365.30 438.36 511.42 Container Maintenance 25.53 25.53 25.53 25.53 25.53 25.53 25.53 Fee Total 237.06 448.59 660.42 874.65 4 n� 429 4.74' 4506.24 Contractor 238.10 450.67 663.24 875.81 1088.38 1300.95 1513.52 Fees Franchise Fee 23.74 44.86 66.04 87.47 408.32 429.4 2 (10 %) 23.81 45.07 66.32 87.58 108.84 130.10 151.35 ORD. NO. 25 -13 Administrative Pickup Frequency (Per Week) 1 2 3 4 5 6 35 .35 .35 .35 .35 .35 .35 Fee 40;.�6 406.77 Disposal 73.06 146.12 219.18 292.24 365.30 Total Fees $261.12 0 726.48 95947 392.22 393.51 .53 1657.21 784.44 787.02 262.26 496.09 729.91 963.74 1197.57 1431.40 1665.22 8 Yard 184.63 Collection 186.02 372.04 558.06 744.08 930.10 1116.12 1302.14 Disposal 97.41 194.83 292.24 389.65 487.07 584.48 681.89 Container Maintenance 27.09 27.09 27.09 27.09 27.09 27.09 27.09 Fee Total 309.13 59iA8 873.22 1155.26 1 ^� 1719.35 20 Contractor 310.52 593.96 877.39 1160.82 1444.26 1727.69 2011.12 Fees Franchise Fee 30.94 59.42 87.32 445.53 443.73 474.94 200.44 (10 %) 31.05 59.40 87.74 116.08 144.43 172.77 201.11 Administrative 35 .35 .35. 35 .35 .35 .35 Fee Total Fees 2 ^� 650.65 960.89 „� 4584.39 4894.64 04.88 341.92 653.71 965.48 1277.25 1589.04 1900.81 2212.58 Commercial Front -Load Compacting Containers Container Size Pickup Frequency (Per Week) 1 2 3 4 5 6 7 2 Yard Collection 58.11 546 116.22 4 3-04 174.33 239 2 232.44 288.40 290.55 ; 4 6-08 348.66 40;.�6 406.77 Disposal 73.06 146.12 219.18 292.24 365.30 438.36 511.42 Total Contractor Fee 4;0.74 131.17 264.48 262.34 392.22 393.51 522.96 524.68 0 655.85 784.44 787.02 945.48 918.19 ORD. NO. 25 -13 Franchise Fee 10% 43.7 13.12 26.15 26.23 39.22 39.35 52.38 52.47 65.37 65.59 78.44 78.70 91.52 91.82 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 44446 144.64 2-8 � 288.92 434,7-9 433.21 577.50 744.42 721.79 864.2-3 866.07 4007.95 1010.36 3 Yard Collection 86.54 87.16 473.02 174.32 259.53 261.48 346.04 348.64 432.55 435.80 549.06 522.96 605.57 610.12 Disposal 109.59 219.18 328.77 438.36 547.95 657.54 767.13 Total Contractor Fee 496.49 196.75 d 393.50 588.39 590.25 784.49 787.00 980-50 983.75 4476.614 1180.50 4372.70 1377.25 Franchise Fee 10% 49.64 19.68 39.22 39.35 58.83 59.03 78.44 78.70 98.05 98.38 447 .66 118.05 437.27 137.73 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 246.06 216.78 434.77 433.20 647.48 649.63 863.49 866.05 4078.90 1082.48 4294.64 1298.90 4540.32 1515.33 4 Yard Collection 445.35 116.22 230.79 232.44 346.05 348.66 464.40 464.88 576.75 581.10 692.49 697.32 807.45 813.54 Disposal 146.12 292.24 438.36 584.48 730.60 876.72 1022.84 Total Contractor Fee 264.47 262.34 522.94 524.68 784.44 787.02 4045.89 1049.36 4307.35 1311.70 4568.82 1574.04 4830.29 1836.38 Franchise Fee 10% 26.45 26.23 52.29 52.47 78.44 78.70 404.59 104.94 430.74 131.17 456.88 157.40 483.03 183.64 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 287.97 288.92 575.58 577.50 563.29 866.07 4450.82 1154.65 4438.44 1443.22 4726.05 1731.79 2943.67 2020.37 6 Yard Collection 473.03 174.33 346.06 348.66 549.09 522.99 692.42 697.32 865.45 871.65 4038 1045.98 4244.24 1220.31 Disposal 219.18 438.36 657.54 876.72 1095.90 1315.08 1534.26 Total Contractor Fee 392.24 393.51 784-42 787.02 4476..63 1180.53 4568.84 1574.04 464-95 1967.55 2353.26 2361.06 2745.47 2754.57 Franchise Fee 10% 39.22 39.35 78.44 78.70 447.66 118.05 456.88 157.40 496.44 196.76 235.33 236.11 274.55 275.46 Administrative .35 .35 .35 .35 .35 .35 .35 ORD. NO. 25 -13 Fee $250.00 20 Yard $295.00 30 Yard $345.00 40 Yard j $395.00 Total Fee 431.78 433.21 863.21 866.07 1294.64 1298.93 1726.07 1731.79 2157.51 2164.66 2588.94 2597.52 3030.38 8 Yard Collection 230.70 232.43 464.40 464.85 692.40 697.29 922.80 929.72 4453.514 1162.15 4384.20 1394.58 4644.90 1627.01 Uis osal 292.24 584.48 876.72 1168.96 1461.20 1753.44 2045.68 Total Contractor Fee 522.94 524.67 4045.89 1049.34 4568.82 1574.01 2094.76 2098.68 2644.70 2623.35 3437.64 3148.02 3660.58 3672.69 Franchise Fee 52.29 52.47 404.59 104.93 456.88 157.40 209.48 209.87 264.47 262.34 343.76 314.80 366.06 367.27 10% Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 575.58 577.49 4450.82 1154.62 4726.05 1731.76 2304.23 2308.90 2876.52 2886.04 3454.75 3463.17 4026.99 4040.31 Commercial /Multi - Family Rolloff Containers: Commercial /Multi - Family Permanent Roll -Off Containers: Permanent open -top roll -off container: $2;9.;5 Two hundred fort,: -one dollars and fort,: -one cents $241.41 (Includes franchise fee for haul excludes disposal and franchise fee on disposal) per pickup plus disposal cost and franchise fee Compactors: Two hundred forg- one dollars and fort,: -one cents $241.41 (Includes franchise fee for haul excludes disposal and franchise fee on disposal) per pickup plus disposal cost and franchise fee PLUS monthly container maintenance fee 15 Yard $250.00 20 Yard $295.00 30 Yard $345.00 40 Yard j $395.00 Excludes commercial recycling containers and construction /demolition debris. ORD. NO. 25 -13 Commercial 95- Gallon Cart Service (Does not apply to residential service) NOTE: The foregoing rates are based on forty -two dollars ($42.00) per ton ($2.81 per cubic yard), which is the anticipated Solid Waste Authority tipping fee to be effective October 1, 2013. NOTE: Government buildings shall be charged the regular commercial customer rate, but shall not be charged for disposal fees, where the Contractor receives the appropriate disposal credits from SWA. 10 ORD. NO. 25 -13 Pickups Per Week 1 2 3 4 5 6 Collection 26.69 26.83 5;.29 53.66 �9:89 80.49 406..40 107.32 4;;.09 134.15 459.60 160.98 Disposal 6.08 12.16 18.24 24.32 30.40 36.48 Container Maintenance Fee 2.00 2.00 2.00 2.00 2.00 2.00 Total Contractor Fees ;468 34.91 6�46 67.82 400.04 100.73 4;2.�2 133.64 465.40 166.55 438.08 199.46 Franchise Fee (10 %) 3.49 &-74 6.78 40.00 10.07 4;.27 13.36 46.54 16.66 49.84 19.95 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees ;8.50 38.75 74.45 74.95 44049 111.15 446.;4 147.35 482.29 183.56 219.76 NOTE: The foregoing rates are based on forty -two dollars ($42.00) per ton ($2.81 per cubic yard), which is the anticipated Solid Waste Authority tipping fee to be effective October 1, 2013. NOTE: Government buildings shall be charged the regular commercial customer rate, but shall not be charged for disposal fees, where the Contractor receives the appropriate disposal credits from SWA. 10 ORD. NO. 25 -13 The Contractor shall be allowed to charge the Special Services rates, as set forth in Exhibit 1 of the Franchise Agreement, if the Contractor performs any of the services listed on the special services exhibit. The City's franchise fee shall be applied to these rates. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective on October 1, 2013. PASSED AND ADOPTED in regular session on second and final reading on this day of September, 2013. ATTEST: City Clerk First Reading Second Reading MAYOR 11 ORD. NO. 25 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, LEED (GA), DIRECTOR PLANNING AND ZONING THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER DATE: August 26, 2013 SUBJECT: AGENDA ITEM 11.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 ORDINANCE NO. 19 -13 ITEM BEFORE COMMISSION Approval of a city- initiated amendment to the Land Development Regulations (LDRs) that will modify board member requirements of the city's Board of Adjustment. BACKGROUND This current amendment is specific to the composition of members on the Board of Adjustment. Currently, the LDRs simply state that the board shall consist of five (5) regular members, along with two (2) alternate members, with no specific background requirements. The proposed amendment requires that three (3) of the five (5) members are filled with one of the following: Architect Engineer General Contractor REVIEW BY OTHERS Realtor /Real Estate Broker Landscape Architect Land Planner The Planning and Zoning Board reviewed the item at their August 19, 2013 meeting and voted 6 to 1 (Durden dissenting) to recommend approval. RECOMMENDATION By motion, approve Ordinance No. 19 -13 on first reading for a city- initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and fording that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 19 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.2.4, "THE BOARD OF ADJUSTMENT ", SUBSECTION B, "COMPOSITION', TO MODIFY THE BOARD MEMBER REQUIREMENTS FOR THE BOARD OF ADJUSTMENT, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on August 19, 2013 and voted 6 to 1 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 2.2.4, "The Board of Adjustment ", Subsection (B), "Composition ", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.2.4. The Board of Adjustment (B) Composition. The Board of Adjustment shall consist of five regular members. In addition, there shall be two (2) alternate members. In the absence of a regular member, an alternative member shall be called to sit, and act in lieu of the regular member, by the Chairperson of the Board. (2) Each of three seats on the Board must be filled with either an architect, landscape architect, realtor /real estate broker, engineer, general contractor or land planner. The remaining two seats shall be at large. The appointing body shall endeavor to appoint as many disciplines as possible to the Board. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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. 19 -13 MEETING DATE: AGENDA NO: PLANNING AND ZONING BOARD STAFF REPORT AUGUST 19, 2013 M". AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 2.2.4, "THE BOARD OF ADJUSTMENT ", SUBSECTION B, "COMPOSITION ", TO MODIFY THE BOARD MEMBER REQUIREMENTS ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a City - initiated amendment to the Land Development Regulations (LDRs) that will modify board member requirements of the city's Board of Adjustment. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ ANALYSIS The City Commission directed staff to review each city advisory board and offer comments on whether adjustments should be considered. The Commission wanted an analysis to include the possibility of eliminating boards, combining similar boards, or any other suggestions raised by staff. A July 12 staff memorandum discussed the various city advisory boards along with a statement as to whether the board was mandatory under state law, if the board continues to be necessary/relevant, and whether some changes in board member requirements should be considered. The recommendations were forwarded to City Commission which supported the findings by consensus at their July 16, 2013 Workshop Meeting. Among the recommendations included the following highlights: • Retention of state - mandated boards, such as the Civil Service Board, Code Enforcement Board, Community Redevelopment Agency; Delray Beach Housing Authority, and the Downtown Development Board. • Retention of boards viewed to have extraordinary value, such as Kids and Cops, Education Board, and the Police Advisory Board. • Elimination of the Neighborhood Advisory Council and the Financial Review Board (completed) • Increasing the eligibility requirements for certain boards, such as the Board of Adjustment, Green Implementation Advancement Board, and the Planning and Zoning Board. This current amendment is specific to the composition of members on the Board of Adjustment. Currently, the LDRs simply state that the board shall consist of five (5) regular members, along with Planning and Zoning Board Meeting, August 19, 2013 LDR Amendment -Board of Adjustment Member Qualifications two (2) alternate members, with no specific background requirements. The proposed amendment requires that three (3) of the five (5) members are filled with one of the following: Architect Realtor /Real Estate Broker Engineer Landscape Architect General Contractor Land Planner Recognizing that there are occasions when meeting these requirements may prove difficult given the pool of applicants at any given time, the Commission added that the amendment include language that states that the appointing body `shall endeavor' to appoint as many disciplines as possible. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. While there are no specific goals, objectives or policies that would apply, it is noted that the proposed amendment would not be inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council • Delray Citizen's Coalition Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The ordinance follows the direction from the City Commission that an increased emphasis be placed on the professional qualifications of members of the Board of Adjustment. The amended language allows for some flexibility during periods when the pool of applicants may be limited. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 2.2.4 "The Board of Adjustment ", Subsection B, "Composition ", To Modify The Board Member Requirements, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) B. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 2.2.4 "The Board of Adjustment ", Subsection B, "Composition ", To Modify The Board Member Requirements, by adopting the findings of 2 Planning and Zoning Board Meeting, August 19, 2013 LDR Amendment -Board of Adjustment Member Qualifications fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 2.2.4 "The Board of Adjustment ", Subsection B, "Composition ", To Modify The Board Member Requirements, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ■ Proposed Ordinance 3 MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, LEED (GA), DIRECTOR PLANNING AND ZONING THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER DATE: August 26, 2013 SUBJECT: AGENDA ITEM 11.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 ORDINANCE NO. 20-13 ITEM BEFORE COMMISSION Approval of a city- initiated amendment to the Land Development Regulations (LDRs) that will modify board member requirements of the City's Planning and Zoning Board. BACKGROUND This amendment outlines the specific composition of members on the Planning and Zoning Board. Currently, the LDRs simply state that the board shall consist of seven (7) members with no specific background requirements. The proposed amendment requires that five (5) of the seven (7) members are filled with one of the following: Architect Engineer Landscape Architect Land Planner REVIEW BY OTHERS Realtor /Real Estate Broker Developer General Contractor Land use Attorney The Planning and Zoning Board reviewed the item at their August 19, 2013 meeting and voted 4 to 3 (Spodak, Lynch, and Shutt dissenting) to recommend approval of a modified version of the ordinance that would limit the two (2) at large positions to lay persons that are not filled with any of the above professional categories. Should the Commission support the Planning and Zoning Board's modification, the following language (boldface italics) will need to be added to the attached ordinance: ...[t]he remaining two seats shall be at large and shall not be filled with one of the listed professionals above. RECOMMENDATION By motion, approve Ordinance No. 20 -13 on first reading for a city- initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 20 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.2.2, "THE PLANNING AND ZONING BOARD ", SUBSECTION C, "COMPOSITION', TO MODIFY THE BOARD MEMBER REQUIREMENTS FOR THE PLANNING AND ZONING BOARD, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on August 19, 2013, and voted 4 to 3 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 2.2.2, "The Planning and Zoning Board ", Subsection (C), "Composition ", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.2.2. The Planning and Zoning Board (C) Composition. W The Planning and Zoning Board shall consist of seven (7) members. (2) Each of five seats on the Board must be filled with either an architect, landscape architect, realtor /real estate broker, engineer, developer, general contractor, land planner or land use attorney. The remaining two seats shall be at large. The appointing body shall endeavor to appoint as many disciplines as possible to the Board. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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. 20 -13 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: AUGUST 19, 2013 AGENDA NO: V. D. AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 8.1.1, "THE COMMUNITY REDEVELOPMENT AGENCY ", SUBSECTION B, "MEMBERS ", TO PROVIDE THAT THE APPOINTMENTS FOR CHAIR AND VICE -CHAIR SHALL OCCUR ON AN ANNUAL BASIS. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a City - initiated amendment to the Land Development Regulations (LDRs) that will require the chair and vice -chair of the city Community Redevelopment Agency to be appointed on an annual basis. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ ANALYSIS At their August 6, 2013 regular meeting, the City Commission discussed the appointment of a new member to the city Community Redevelopment Agency. During their discussion, they noted that there are currently no term limits for CRA board members, and the consensus was to amend the Land Development Regulations to require the positions of Chair and Vice -Chair be appointed on an annual basis. Specifically, the term would run from August 1 through July 31. The Commission clarified that the amendment would not prohibit the ability for the Chair and Vice -Chair to continue serving, they would just need to be re- appointed on an annual basis. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. While there are no specific goals, objectives or policies that would apply, it is noted that the proposed amendment would not be inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and /or civic associations ■ Delray Citizen's Coalition Planning and Zoning Board Meeting, August 19, 2013 LDR Amendment -CRA Annual Appointments (Chair and Vice - Chair) Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The ordinance follows the direction from the City Commission that the positions of Chair and Vice - Chair of the Community Redevelopment Agency require appointment on an annual basis. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 8.1.1 "The Community Redevelopment Agency ", Subsection B, "Members ", To Provide That The Appointments for Chair And Vice -Chair Shall Occur On An Annual Basis, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 8.1.1 "The Community Redevelopment Agency ", Subsection B, "Members ", To Provide That The Appointments for Chair And Vice -Chair Shall Occur On An Annual Basis, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 8.1.1 "The Community Redevelopment Agency ", Subsection B, "Members ", To Provide That The Appointments for Chair And Vice -Chair Shall Occur On An Annual Basis, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ■ Proposed Ordinance 2 MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, LEED (GA), DIRECTOR PLANNING AND ZONING THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER DATE: August 26, 2013 SUBJECT: AGENDA ITEM ILD. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 ORDINANCE NO. 21 -13 ITEM BEFORE COMMISSION Approval of a city- initiated amendment to the Land Development Regulations (LDRs) that will require the Chair and Vice -Chair of the Community Redevelopment Agency to be appointed on an annual basis. BACKGROUND This amendment will require the positions of Chair and Vice -Chair to be appointed on an annual basis. Specifically, the term would run from August 1 through July 31. The amendment will not prohibit the ability for the Chair and Vice -Chair to continue serving; they would just need to be re- appointed on an annual basis. REVIEW BY OTHERS The Planning and Zoning Board reviewed the item at their August 19, 2013 meeting and voted 7 to 0 to recommend approval. RECOMMENDATION By motion, approve Ordinance No. 21 -13 on first reading for a city- initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and fording that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 21 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE 8.1, "THE COMMUNITY REDEVELOPMENT AGENCY, SECTION 8.1.1, "COMMUNITY REDEVELOPMENT AGENCY ", SUBSECTION (B), "MEMBERS ", TO PROVIDE THAT THE APPOINTMENTS FOR CHAIR AND VICE -CHAIR SHALL OCCUR ON AN ANNUAL BASIS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on August 19, 2013, and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That, Chapter 8, "Special Implementation Programs, Article 8.1, "The Community Redevelopment Agency ", Section 8.1.1, "Community Redevelopment Agency ", subsection (B)(3), "Members ", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 8.1.1 Community Redevelopment Amu: (B) Members: The Commission shall, by ordinance, appoint a Board of Commissioners of the Community Redevelopment Agency, which shall consist of seven Commissioners. The terms of office of the Commissioners shall be for four years, except that three of the members first appointed shall be designated to serve terms of one, two, and three years, respectively, from the date of their appointments, and all other members shall be designated to serve for terms of four years from the date of their appointments. A vacancy occurring during a term shall be filled for the unexpired term. (1) A Commissioner shall receive no compensation for his services, but is entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties. Each Commissioner shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or reappointment of any Commissioner shall be filed with the City Clerk, and such certificate is conclusive evidence of the due and proper appointment of that Commissioner. (2) The powers of the Agency shall be exercised by the Commissioners thereof. A majority of the Commissioners shall constitute a quorum for the purpose of conducting business and exercising the powers of the Agency and for all other purposes. Action may be taken by the Agency upon a vote of a majority of the Commissioners present, unless in any case the bylaws require a larger number. Any person may be appointed as a Commissioner if he resides 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 so engaged, within the area of operation of the Agency, which shall be coterminous with the area of operation of the City, and is otherwise eligible for such appointment. (3) The Commission shall designate a Chairperson and Vice - Chairperson from among the Commissioners on an annual basis. The term Chairperson and Vice - Chairperson shall begin on August 1st and end on July 31st of each year. The Agency may employ an executive director, technical experts, and such other agents and employees, permanent and temporary, as it requires, and determine their qualification, duties, and compensation. For such legal service as it requires, the Agency may employ or retain its own counsel and legal staff. The Agency shall file with the Commission and with the State Auditor General, on or before March 31 of each year, a report of its activities for the preceding fiscal year, which report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of such fiscal year. At the time of filing the report, the Agency shall publish in a newspaper of general circulation in the community a notice to the effect that such report has been filed with the City and that the report is available for inspection during business hours in the office of both the City Clerk and the office of the Agency. (4) At any time, the Commission may appropriate to the Agency such amounts as it deems necessary for the administrative expenses and overhead of the Agency. 2 ORD. NO. 21 -13 (5) The Commission may remove a Commissioner for inefficiency, neglect of duty, or misconduct in office only after a hearing and only if he has been given a copyof the charges at least ten days prior to the hearing and has had an opportunity to be heard in person or by counsel. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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 Readi Second Reading MAYOR 3 ORD. NO. 21 -13 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: AUGUST 19, 2013 AGENDA NO: V. D. AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 8.1.1, "THE COMMUNITY REDEVELOPMENT AGENCY ", SUBSECTION B, "MEMBERS ", TO PROVIDE THAT THE APPOINTMENTS FOR CHAIR AND VICE -CHAIR SHALL OCCUR ON AN ANNUAL BASIS. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a City - initiated amendment to the Land Development Regulations (LDRs) that will require the chair and vice -chair of the city Community Redevelopment Agency to be appointed on an annual basis. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ ANALYSIS At their August 6, 2013 regular meeting, the City Commission discussed the appointment of a new member to the city Community Redevelopment Agency. During their discussion, they noted that there are currently no term limits for CRA board members, and the consensus was to amend the Land Development Regulations to require the positions of Chair and Vice -Chair be appointed on an annual basis. Specifically, the term would run from August 1 through July 31. The Commission clarified that the amendment would not prohibit the ability for the Chair and Vice -Chair to continue serving, they would just need to be re- appointed on an annual basis. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. While there are no specific goals, objectives or policies that would apply, it is noted that the proposed amendment would not be inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and /or civic associations ■ Delray Citizen's Coalition Planning and Zoning Board Meeting, August 19, 2013 LDR Amendment -CRA Annual Appointments (Chair and Vice - Chair) Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The ordinance follows the direction from the City Commission that the positions of Chair and Vice - Chair of the Community Redevelopment Agency require appointment on an annual basis. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 8.1.1 "The Community Redevelopment Agency ", Subsection B, "Members ", To Provide That The Appointments for Chair And Vice -Chair Shall Occur On An Annual Basis, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 8.1.1 "The Community Redevelopment Agency ", Subsection B, "Members ", To Provide That The Appointments for Chair And Vice -Chair Shall Occur On An Annual Basis, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 8.1.1 "The Community Redevelopment Agency ", Subsection B, "Members ", To Provide That The Appointments for Chair And Vice -Chair Shall Occur On An Annual Basis, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ■ Proposed Ordinance 2 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: August 27, 2013 SUBJECT: AGENDA ITEM ILE. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 ORDINANCE NO. 22 -13 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 22 -13 which provides for the cessation of employee contributions to the general employees pension plan upon the occurrence of certain events. BACKGROUND In 1999 the City passed an ordinance that removed the requirement for employee contribution to the general employees pension plan. When this was removed the language providing that general employee contributions would cease upon the date the participant attained 30 years of credited service was also removed. In 2003 the City passed an ordinance requiring general employees to contribute to the general employees retirement plan, however, the provision regarding the stopping of contributions upon 30 years of service was not reinstated. It appears that the failure to reinstate this provision was an oversight. The proposed ordinance provides that general employee contributions shall cease once the employee reaches 30 years of credited service, employees that have contributed to the plan after September 24, 2010 shall be entitled to a refund of those contributions (there are 5 employees and the total refund amount for all 5 employees is just under $11,000.00) At its meeting of August 15, 2013, the General Employees Retirement Committee reviewed the proposed changes to the ordinance as well as the letter from GRS dated December 21, 2012 and recommended that the changes be adopted. RECOMMENDATION Commission approval. ORDINANCE NO. 22 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS ", SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT AND CITY ", SUBSECTION (A), "PARTICIPANT'S CONTRIBUTION ACCOUNT ", TO CLARIFY WHEN CONTRIBUTIONS SHALL CEASE; PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, employees who belong to the general employee pension plan are currently required to make contributions to the plan regardless of the employees years of service; and WHEREAS, the City Commission has determined that employees who belong to the general employees pension plan shall cease making contributions to the plan once the employee has obtained 30 years of credited service; and WHEREAS, this Ordinance shall apply to those employees who reached 30 years of credited service on or after October 1, 2010. 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 35.095, "Contributions of Participant and City ", Subsection (A) "Participant's Contribution Account ", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: (A) Participant's Contribution Account. (1) [Tax- Deferred Conttibutions.J For the purpose of this Section "Participant's Contribution Account" will consist of tax deferred participant contributions. Effective the first pay period beginning on or after October 1, 1989, employee contributions will be picked up by the City and shall be treated as employer contributions for tax purposes. However, for all purposes of determining benefits under the plan, they will be considered participant contributions. (2) Participants' Contributions. Each participant will contribute toward the cost of the plan an amount equal to three (3) percent of the first four thousand eight hundred dollars ($4,800.00) of his basic annual compensation, and six (6) percent of basic annual compensation in excess of four thousand eight hundred dollars ($4,800.00) until the beginning of the first pay period after September 25, 1984. Beginning with the first pay period after September 25, 1984, each participant will contribute toward the cost of the plan an amount equal to six (6) percent of basic compensation. Effective as of the first pay period beginning on or after October 1, 1989, participant contributions will be equal to four and one -half (4'/2) percent of basic compensation on a tax - deferred basis. Beginning with the first pay period after September 1, 1999, participants shall not be required to contribute to the plan, except those participants described in paragraph (4) of this Section. Beginning with the first pay period after September 30, 2003, participants who are not included in the bargaining unit specified in paragraph (4) shall contribute two (2) percent of basic compensation. Beginning with the first pay period after November 1, 2004, participants who are not included in the bargaining unit specified in Paragraph (4) shall contribute two and one -half percent (2.5 %) of basic compensation. Beginning with the first pay period after October 6, 2010, participants who are not included in a bargaining unit shall contribute three and five one - hundredths percent (3.05 %) of basic compensation. (3) [Total Benefits Payable.] Anything in the plan to the contrary notwithstanding, the total benefits payable under the plan to, or with respect to, a participant shall not be less than the benefits that can be provided by the participant's contributions, and further provided, if a participant, who is terminated, elects to withdraw participant contributions, the participant will be entitled to the return of participant contributions with interest, in lieu of all other benefits payable under the plan. Effective September 1, 1999, if a participant has ten (10) or more years of credited service under the plan a noncompounded simple interest rate of five (5) percent per year shall be applied to the principal balance of the participant's contribution as accrued on December 31 of each year. Effective September 1, 1999, if a participant has less than ten (10) years of credited service under the plan a noncompounded simple interest rate of three (3) percent shall be applied to the principal balance of the participant's contribution as accrued on December 31 of each year. Participant contributions cannot be withdrawn while a participant remains in the employ of the City or after the payment of benefits under the plan has commenced. (4) Applicability to Bargaining Unit Employees. Participants who are members of the bargaining unit represented by the National Conference of Firemen and Oilers shall not be required to contribute to the plan unless a written actuarial valuation indicates that contributions are required to properly fund the plan in an actuarially sound manner. If an actuary selected by the Retirement Committee determines that additional contributions are required to properly fund the plan, the City and bargaining unit members shall equally share such contributions on a percentage of payroll basis; provide that no member shall be required to contribute more than four and one -half (41/2) percent of basic compensation unless the City and union agree to a greater participant 2 ORD NO. 22 -13 contribution. Notwithstanding the foregoing, effective November 13, 2004, employees who are members of the bargaining unit represented by the National Conference of Firemen and Oilers shall contribute two and one -half (2'/2) percent of their gross pay to fund the City's defined benefit pension plan. If an actuary selected by the Pension Board determines that additional monies are required to properly fund the plan, employees shall contribute at the same rate as all other nonrepresented employees who are members of the defined benefit pension plan. However, in no event shall employees contribute less than two and one -half (2'/2) percent nor more than four and one -half (4'/2) percent of their gross pay, unless the union and the City bargain for a lesser or greater percentage. Notwithstanding the foregoing, employees who are included in a bargaining unit shall contribute three and five one - hundredths (3.05) percent of basic compensation upon implementation of this change through the collective bargaining process. (5) Effective September 24, 2010, each participant shall continue to contribute to the plan until the earliest to occur of the following dates: (a) Date the participant retires under the plan. (b) Date of death of the participant. (c) Date of termination of the participant's employment with the City (d) Date the participant attains thirt,T(30)years of credited service under the plan. And participant who attained thirt,T(30)years of credited service under the plan on or after September 24, 2010 shall receive a refund of participant contributions for the period commencing on the date the member attained thirt,T(30)years of credited service. 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, except as otherwise specifically provided herein. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. 3 ORD NO. 22 -13 MAYOR ATTEST: City Clerk First Reading Second Reading ORD NO. 22 -13 GRSff Gabriel Roeder Smith & Company One East Broward Blvd. 954.527.1616 phone Consultants tk Actuaries Suite 505 954.525.0083 fax Ft. Lauderdale, FL 33301 -1804 www.gabrielroeder.com December 21, 2012 Ms. Karen Schell Pension Administrator City of Delray Beach 100 Northwest 1 st Avenue Delray Beach, Florida 33444 Re: City of Delray Beach General Employees' Retirement Plan Dear Karen: As requested, we have prepared the enclosed Supplemental Actuarial Valuation Report which measures the financial impact of amending the Plan by ceasing member contributions when members attain 30 years of credited service. This change would apply to active members who attain 30 years of credited service after the effective date of the proposed change and active members who had attained 30 years of credited service retroactive to 2010. Summary of FIndings • The required employer contribution in the first year would increase by $2,089, from $2,128,666 to $2,130,755. ■ The ultimate cost of the proposed change for all current active members is measured by the change in the Actuarial Present Value of Projected Member Contributions. The Actuarial Present Value of Projected Member Contributions would decrease by $176,734. This assumes all of our actuarial assumptions are met each year. This difference would be funded by additional City contributions over time. ■ An additional cost for the proposed change (not included above) is the unpaid member contributions for Milton Willingham and Fiel Bronson that would not be paid back to the fund. As discussed, member contributions were ceased as of September 24, 2010 for Milton Willingham and as of April 20, 2012 for Fiel Bronson. Both members resumed paying member contributions effective November 17, 2012. The member contributions owed to the Plan would not be collected if the proposed change is adopted. ■ The Plan's funded ratio (assets divided by actuarial accrued liability) would remain the same. Other Cost Considerations ■ As of October 1, 2011 the Actuarial Value of Assets exceeds the Market Value of Assets by approximately $10,246,000. This difference will be gradually recognized over the next several years. In turn, the computed employer contribution rate will increase by approximately 5% of covered payroll in the absence of offsetting gains. Additional Disclosures This report was prepared at the request of the Board and is intended for use by the Retirement System and those designated or approved by the Board. This report may be provided to parties other than the Board only in its entirety and only with the permission of the Board. Ms. Karen Schell December 21, 2012 Page 2 The purpose of this report is to describe the financial effect of the proposed plan changes. This report should not be relied on for any purpose other than the purpose described above. The calculations in this report are based upon the data provided by the City for the four current employees who would become eligible to participate in the Plan under the proposed ordinance and upon information furnished by the Plan Administrator for the October 1, 2011 Actuarial Valuation concerning Plan benefits, financial transactions, plan provisions and active members, terminated members, retirees and beneficiaries. We reviewed this information for internal and year -to -year consistency, but did not otherwise audit the data. We are not responsible for the accuracy or completeness of the information provided by the City or Plan Administrator. The calculations are based upon assumptions regarding future events, which may or may not materialize. They are also based on the assumptions, methods, and plan provisions outlined in this report. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period or additional cost or contribution requirements based on the plan's funded status); and changes in plan provisions or applicable law. If you have reason to believe that the assumptions that were used are unreasonable, that the plan provisions are incorrectly described, that important plan provisions relevant to this proposal are not described, or that conditions have changed since the calculations were made, you should contact the author of the report prior to relying on information in the report. The undersigned actuaries are members of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, and with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. Respectfully submitted, 4 rip leffft Amrose, MAAA [Enrolled Actuary No. 11 -6599 Enclosures Gabriel Roeder Smith &- Company Plan SUPPLEMENTAL ACTUARIAL VALUATION REPORT City of Delray Beach General Employees' Retirement Plan Valuation Date October 1, 2011 Date of Report December 21, 2012 Report Requested by Board of Trustees Prepared by Jeffrey Amrose Group Valued All active and inactive members of the Plan. Benefit Provisions Being Considered for Change Present Provision Before Change Member contributions do not cease upon attainment of 30 years of credited service. Proposed Chan ge Member contributions would cease upon attainment of 30 years of credited service. Participants Affected Active members who attain 30 years of credited service after the effective date of the proposed change and active members who had attained 30 years of credited service retroactive to 2010. Actuarial Assumptions and Methods Same as October 1, 2011 Actuarial Valuation Report with no exceptions. Some of the key assumptions/methods are: Investment Return 7.25% Salary Increase 4.4% to 7.2% per year, based on service (salary increases are lowered to 2% for each of the next three years) Cost Method Entry Age Normal Amortization Period for Any Change in Actuarial Accrued Liability N/A Summary of Data Used in Report See attached page. The calculations are based on the data used for the October 1, 2011 Actuarial Valuation Report. Actuarial Impact of Proposal(s) See attached page(s) Special Risks Involved with the Proposal That the Plan Has Not Been Exposed to Previously None Other Cost Considerations As of October 1, 2011 the Actuarial Value of Assets exceeds the Market Value of Assets by approximately $10,246,000. This difference will be gradually recognized over the next several years. In turn, the computed employer contribution rate will increase by approximately 5% of covered payroll in the absence of offsetting gains. * Assuming the contribution is paid on the date in Item C. ANNUAL REQUIRED CONTRIBUTION (ARC) A. Valuation Date October 1, 2011 October 1, 2011 Change Valuation Proposed from Baseline Change B. ARC to Be Paid During Fiscal Year Ending 9/30/2013 9/30/2013 C. Assumed Date of Employer Contrib. 12/31/2012 12131/2012 D. Annual Payment to Amortize Unfunded Actuarial Liability $ 81,283 $ 81,283 $ 0 E. Employer Normal Cost 1,869,059 1,870,973 1,914 F. ARC if Paid on the Valuation Date: D +E 1,950,342 1,952,256 1,914 G ARC if Paid on the First Day of the Next Fiscal Year 2,091,742 2,093,795 2,053 H. ARC if Paid on December 31 2,128,666 2,130,755 2,089 I. ARC as % of Covered Payroll* 11.95 % 11.96 % 0.01 % J. Assumed Rate of Increase in Covered Payroll to Contribution Year 0.00 % 0.00 % 0.00 % K. Covered Payroll for Contribution Year 17,817,131 17,817,131 0 L. ARC for Contribtrtion Year: I x K* 2,128,666 2,130,755 2,089 M. REC as % of Covered Payroll in Contribution Year: L T K* 11.95 % 11.96 % 0.01 * Assuming the contribution is paid on the date in Item C. ACTUARIAL VALUE OF BENEFITS AND ASSETS A. Valuation Date October 1, 2011 October 1, 2011 Change Valuation Proposed from Baseline Change B. Actuarial Present Value of All Projected Benefits for 1. Active Members a. Service Retirement Benefits $ 58,022,430 $ 58,022,430 $ - b. Vesting Benefits 2,456,503 2,456,503 - c. Disability Benefits 2,004,841 2,004,841 - d. Preretirement Death Benefits 1,816,088 1,816,088 - e. Return of Member Contributions 50,032 50,032 _ - f. Total 64,349,894 64,349,894 - 2. Inactive Members a. Service Retirees & Beneficiaries 42,737,386 42,737,386 - b. Disability Retirees 551,109 551,109 - c. Terminated Vested Members 3,154,662 3,154,662 - d. Total 46,443,157 46,443,157 3. Total for All Members 110,793,051 110,793,051 - C. Actuarial Accrued (Past Service) Liability per GASB No. 25 93,546,778 93,546,778 D. Actuarial Value of Accumulated Plan Benefits per FASB No. 35 N/A N/A N/A E. Plan Assets 1. Market Value 80,267,519 80,267,519 - 2. Actuarial Value 90,513,860 90,513,860 - F. Unfunded Actuarial Accrued Liability: C -E2 3,032,918 3,032,918 - G Actuarial Present Value of Projected Covered Payroll 133,561,393 133,561,393 - H. Actuarial Present Value of Projected Member Contributions 4,971,068 4,794,334 (176,734) I. Funded Ratio: E2/C 96.8% 96.8% 0.0% CALCULATION OF EMPLOYER NORMAL COST A. Valuation Date October 1, 2011 October 1, 2011 Change Valuation Proposed from Baseline Change B. Normal Cost for 1. Service Retirement Benefits $ 1,890,959 $ 1,890 ,959 $ - 2. Vesting Benefits 234,182 234,182 - 3. Disabi y Benefits 128,969 128,969 - 4. Preretirement Death Benefits 104,842 104,842 - 5. Return of Member Contributions 48,342 48,342 - 6. Total for Future Benefits 2,407,294 2,407,294 - 7. Assumed Amount for Administrative Expenses 135,818 135,818 - 8. Total Normal Cost 2,543,112 2,543,112 - As % of Covered Payroll 14.27 % 14.27 % 0.00 % C. Expected Member Contribution 674,053 672,139 (1,914) As % of Covered Payroll 3.78 % 3.77 % (0.01) % D. Net Employer Normal Cost. B &C 1,869,059 1,870,973 1,914 As % of Covered Payroll 10.49 % 10.50 % 0.01 % PARTICIPANT DATA October 1, 2011 October 1, 2011 Change Valuation Proposed from Baseline Ordinance ACTIVE MEMBERS Number 389 389 0 Covered Annual Payroll $ 17,817,131 $ 17,817,131 $ 0 Average Annual Payroll $ 45,802 $ 45,802 $ 0 Average Age 47.2 47.2 0.0 Average Past Service 11.2 11.2 0.0 Average Age at Hire 36.0 36.0 0.0 RETIREES, BENEFICIARIES & DROP Number 243 243 0 Annual Benefits $ 4,129,570 $ 4,129,570 $ 0 Average Annual Benefit $ 16,94 $ 16,994 $ 0 Average Age 68.3 68.3 0.0 DISABILITY RETIREES Number 3 3 0 Annual Benefits $ 46,412 $ 46,412 $ 0 Average Annual Benefit $ 15,471 $ 15,471 $ 0 Average Age 53.4 53.4 0.0 TERMINATED VESTED MEMBERS Number 46 46 0 Annual Benefits $ 491,817 $ 491,817 $ 0 Average Annual Benefit $ 10,692 $ 10,692 $ 0 Average Age 47.8 47.8 0.0 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: August 26, 2013 SUBJECT: AGENDA ITEM 11.F. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 ORDINANCE NO. 23-13 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 23 -13 which would allow the General Employees Retirement Committee to retain an actuary. BACKGROUND At its meeting of August 15, 2013, the General Employees Retirement Committee requested that an ordinance change be brought to the Commission to allow the Committee to hire an actuary, as it does with other professionals. The City code currently allows the Committee to retain professional consultants, advisors and investment managers, however, the code specifically provides that actuaries shall be appointed by the City. The proposed change would allow the Committee to retain an actuary. RECOMMENDATION Commission approval. ORDINANCE NO. 23 -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 ", SUBSECTION (G) "[ACTUARY'S RESPONSIBILITIES] ", TO ALLOW THE RETIREMENT COMMITTEE TO CONTRACT DIRECTLY WITH THE ACTUARY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the General Employees Retirement Committee can currently contract with professional consultants, advisors and investment managers; and WHEREAS, the Committee has the need to use actuaries in order to perform its duties under the plan; and WHEREAS, the Committee has requested the ability to contract with actuary advisors regarding the plan. 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) (2) 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. 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) (4) 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, actuaries, advisors and investment managers as it deems advisable to carry out its responsibilities under this Section. 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 Chapter 35, "Employee Policies and Benefits ", Section 35.105, "Administration by Retirement Committee ", Subsection (G) "[Actuary's Responsibilities] ", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: (G) [Actuary's Responsibilities.] (1) The actuary will do any technical and advisory work as the Committee may request, including analysis of the experience of the plan from time to time, the preparation of actuarial tables for the making of computations thereunder, and the submission of an actuarial report as of the anniversary date of the plan each year to the City and the Committee, which report shall contain an actuarial valuation showing the financial condition of the plan, a statement of the contributions to be made by the City for the ensuing year, and any other information as may be required by the Committee. (2) The actuary shall be selected by the Committee. appointed by the City to seFve as long as it is agreeable to the City and the aetu i= . In computing benefits to which a participant may be entitled upon early retirement, upon the exercise of optional forms of retirement income, or upon termination of the plan, and in all other instances in which actuarial computations are required, the actuary shall use those assumptions of mortality and interest rates as were employed in the most recent actuarial valuation of the plan, or, at the option of the Committee, those assumptions as are decided upon jointly by the actuary and the Committee as being reasonable at 2 ORD NO. 23 -13 the time the calculations are made. The actuarial assumptions and the computations made therefrom adopted by the Committee shall be conclusive and binding on all persons. The Committee, City and trustee shall not be liable for any mistakes or errors in any computations made in good faith. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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 Readi Second Reading MAYOR 3 ORD NO. 23 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: August 26, 2013 SUBJECT: AGENDA ITEM H.G. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 ORDINANCE NO. 24 -13 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 24 -13 which provides for modifications to the Police /Fire Pension Ordinance to allow the Mayor to designate someone to the Board, other than the Assistant City Manager. BACKGROUND Currently, the Mayor must serve on the Board of Trustees for the Police and Fire Pension Plan, unless he designates the Assistant City Manager to take his place. In light of the recent departure of Mr. Smith, it is proposed to modify the ordinance to remove the restriction allowing the Mayor to only designate the Assistant City Manager. The proposed change would allow the Mayor to designate a person to the Board in accordance with our normal board appointee requirements. RECOMMENDATION Commission approval. ORDINANCE NO. 24 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33 "POLICE AND FIRE - RESCUE DEPARTMENTS ", SECTION 33.65, "ADMINISTRATION "; TO CLARIFY THE MEMBERSHIP OF THE BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to amend the City Police And Firefighters Retirement System as set forth in Chapter 33 of the City Code to provide that the Mayor, if the Mayor chooses not to sit on the Board, may designate another person to take his place on the Board, other than the Assistant City Manager. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire - Rescue Departments", Section 33.65, "Administration" of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.65. ADNBMSTRATION. (A) The general administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this subchapter are vested in a Board of Trustees consisting of nine (9) persons as follows: (1) The Mayor, or a person designated y the Mayor 's design the n ss 4 4 City Manage f; (2) Two (2) public members, one of whom may be a City Commissioner, to be appointed by the City Commission as hereinafter provided; (3) The Fire Chief or a firefighter (with a minimum rank of Chief Officer) designated by the Fire Chief, (4) The Police Chief or a police officer (with a minimum rank of Captain) designated by the Police Chief, (5) Two (2) members of the Fire Department to be elected as hereinafter provided; (6) Two (2) members of the Police Department to be elected as hereinafter provided. (B) The term of office of each appointed and elected trustee shall be two (2) years except that the initial terms within each category above shall be for two (2) and three (3) years. The initial terms shall commence on the effective date of this system. Initially in each elective category, the trustee receiving the most votes shall serve a three -year term, the second most votes a two -year term. 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 passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. Mayor ATTEST: City Clerk First Reading Second Reading