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10-15-13 Regular MeetingCity of Delray Beach Regular Commission Meeting Tuesday, October 15, 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. 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Swinton Avenue Delray Beach, FL 33444 y v The Delray Beach Community Redevelopment Agency (CRA) will conduct a community meeting on Wednesday, to inform the residents, business and property owners of the scope of the SE 2nd Street and SE 2nd Avenue streetscape improvements. The CRA will also review grant opportunities available to assist area businesses and properties with exterior improvements. The purpose of the project is to provide improvements on SE 2nd Street, between S. Swinton Avenue and SE 3rd Avenue, and SE 2nd Avenue, east of the FEC railroad tracks, between SE 2nd Street and SE 3`d Street. The project also includes construction of a public parking lot on the vacant CRA -owned property located on the east side of SE 2nd Avenue, south of SE 2nd Street (219 SE 2nd Avenue), and construction of the unimproved alleys within the blocks along the east side of SE 2 "d Avenue, between SE 2nd Street and SE 4th Street. Improvements include: Streetscape Enhancements Pedestrian Friendly Facilities Public Parking Representatives from the Delray Beach Community Redevelopment Agency and City of Delray Beach will be present to answer questions on any aspect of the project. Questions about this project may be directed to Randal Krejcarek, City Engineer at (561) 243 -7322 or Jeff Costello, CRA Assistant Director, at 561- 276 -8640. C.P.T.E.D. Review "SE 2nd Ave Alleys" 200 SE 2nd Ave -SE 3rd Ave. Delray Beach, FL 33444 Provided by Officer Chris Trapasso, CPTED Practitioner 8/21/13 ** *Needs photometric study for review to be completed * ** Overview: Alleys to be added in the 200 block connecting SE 2nd Ave and SE 3rd Ave. Alley running south from the 200 Block in between SE 2nd Ave and SE 3rd Ave. Lighting: Lighting strategies are important for two reasons: First, they insure that the appropriate amount of illumination protects a site. Secondly, they provide quality light; characterized by minimum glare and color distortion. A photometric study should be provided showing illumination to all the entrances and exits to all alleyways. In addition, there needs to be readings taken at the intersection of the E/W alley and the N/S alley. In this unique situation, the N/S alley will have a dead end that will have to be illuminated. Keeping this area dark would provide concealment and ambush points for criminals as well as concealment for vagrants, which have been a problem in the area. It is suggested that the business owners in the area are contacted to see if they will agree to add alley lights to their property to illuminate this area, as FPL does not light alleys on their own. In addition, all residents that live on the N/S alley should be asked if they are willing to add alley lights on their property facing the alley. It is recommended all lights be LED, as they provide the best light with the least amount of glare, as well as minimum color distortion. Safety /Security: All alleys should be improved completely. If any alley is to be cleared it should also be made drivable to ensure police can patrol the area. If the alley is not cleared completely it allows for abnormal users (criminals, vagrants) to take advantage of terrain that police vehicles can not travel 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. NONE 5. PRESENTATIONS: A. Unity School Commemorates Peace Day (Addendum) B. Health Care District Update — Christopher Irizarry, FQHC Executive Director C. International Festival & Events Association Presentation — Nancy Stewart Franczak D. Recognizing and commending Delray Beach Police Department for being awarded Law Enforcement Reaccreditation 2013 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. LANDSCAPE MAINTENANCE AGREEMENT /901 SOUTH OCEAN BOULEVARD: Approve a Landscape Maintenance Agreement with Delray 901 South Ocean, LLC., for landscape installation within the right -of -way at 901 South Ocean Boulevard_ B. INTERLOCAL AGREEMENT /PALM BEACH COUNTY /OPEN CUTS: Approve an Interlocal Agreement between the City and Palm Beach County regarding open cuts under County thoroughfares. C. INTERLOCAL FUNDING AGREEMENT/ ECONOMIC DEVELOPMENT BETWEEN THE CITY AND THE COMMUNITY REDEVELOPMENT AGENCY (CRA): Approve an Interlocal Funding Agreement to provide shared funding with the Community Redevelopment Agency (CRA) for the Economic Development Director and Economic Development Manager positions. D. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA): DOWNTOWN ROUNDABOUT TROLLEY SERVICE: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) for the funding of the Downtown Roundabout Trolley Service. E. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA): NEIGHBORHOOD PLANNER POSITION: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) for funding fifty percent (50 %) of the Neighborhood Planner Position. F. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA): IN-HOUSE PROJECT MANAGER SERVICES POSITION: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) for funding of In -House Project Manager Services position. G. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA): HOUSING REHABILITATION INSPECTOR POSITION: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) for funding fifty percent (50 %) of the Housing Rehabilitation Inspector Position. H. FINANCIAL ADVISORY SERVICES/PUBLIC FINANCIAL MANAGEMENT (PFM) INC.: Approve an agreement with Public Financial Management (PFM) Inc., to provide government financial advisory services. The financial advisory services agreement will incorporate the Town of Palm Beach's RFP No. 2013 -03 as a cooperative share. I. PROCLAMATIONS: 5001h- Anniversary of the European Discovery of Florida - 2013 2. Florida Citv Government Month — October 2013 J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 30, 2013 through October 11, 2013. K. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Devland Site Development, Inc. in an annual amount not to exceed $190,000.00 for sludge removal and disposal "as needed" for FY 2014. Funding is available from 441 - 5122 -536 -34.90 (Water and Sewer Fund: Other Contractual Services). 2. Purchase award to Dumont Company, Inc. in the amount of $51,170.00 for the purchase and delivery of Sodium Hypochlorite on an "as needed" basis to remote booster station locations. Funding is available from 441 - 5123 -536 -52.21 (Water and Sewer Fund: Operating Supplies /Chemicals). 3. Contract award to Line -Tee. Inc. in the amount of $113,054.50 for installinu water meters and connecting customers on the Barrier Island to the Reclaimed Water System. Funding is available from 441 - 5161 -536 -49.23 (Water and Sewer Fund: Other Current Charges /OB /Reclaim Water Distribution System). 4. Purchase award to Chemical Lime Company of Alabama, Inc. (Lhoist North America) at an estimated annual cost of $805,400.00 for the purchase and delivery of bulk quicklime. FundinLy is available from 441 - 5122 -536 -52.21 (Water and Sewer Fund: Operating Supplies /Supplies). 5. Bid award to Mancil's Tractor Service. Inc.. in the amount of $569.206.61 for construction of the N.E. 1St Avenue Improvements Project. Funding is available from 334 - 3162 -541 -68.84 (General Construction Fund: Other Improvement /N.E. 1St Avenue Improvements) and 448 - 5461 -538 -68.84 (Storm Water Utility Fund: Other Improvement/N.E. 1St Avenue Improvements). 6. Contract award to Zoll Medical Corporation in the amount of $21,309.00 to renew the extended warranty and semi - annual preventive maintenance contract and provide guaranteed repair coverage for eighteen (18) 12 Lead EKG Monitor/Defibrillators. Funding is available from 001 - 2315 -526 -46.20 (General Fund: Repair & Maintenance Services /Equipment Maintenance). 9. REGULAR AGENDA: A. WAIVER REQUEST /37 S.W. 512-1 AVENUE: Consider a request to waive Land Development Regulations (LDR) Section 4.6.18(B)(e)(iii), "Prohibitions ", which prohibits chain link fences in the CBD (Central Business District) and allow a 6' high black vinyl coated chain link fence at 37 S.W. 5th Avenue. (Quasi- Judicial Hearing) B. WAIVER REQUESTS /SPODAK DENTAL OFFICE: Consider waiver requests to the Land Development Regulations (LDR) Sections 4.6.7(E)(7), "Design Standards Matrix" and Section 4.6.7(J)(3), "Roof Signs ", to allow two (2) flat wall signs to be placed on elevations that do not face a dedicated street frontage and to allow all three (3) flat wall signs to be placed above the roof line for Spodak Dental Group located at 3911 West Atlantic Avenue. (Quasi- Judicial Hearing) C. WAIVER REQUEST /WINE AND SEAFOOD FESTIVAL: Consider approval of a waiver to Land Development Regulations (LDR) Section 4.6.7(F)(3)(f), "Special Event Non Roadway Banner Signing ", to allow banners to exceed 20 square feet of similar size that have been allowed in the past on November 9 -10, 2013 within the site of the Delray Beach Wine and Seafood Festival. (Quasi- Judicial Hearing) D. CONDITIONAL USE REQUESTS /UPTOWN DELRAY: Consider approval of conditional use requests to allow an increase in density in excess of 30 residential units per acre (69.52 units per acre proposed), for Uptown Delray, a proposed mixed -use development that includes the demolition of the existing commercial building and removal of the existing parking lot and construction of 146 residential apartment units and 3.529 square feet of commercial space in a 5 -story buildinLy located on the north side of S.E. 2nd Street between S.E. 4th Avenue and S.E. 5th Avenue. (Quasi- Judicial Hearin E. REJECTION OF ALL BIDS/ BEACH CABANA EQUIPMENT RENTAL CONCESSION: Approve a request to reject all bids and re- advertise Bid #2013 -48 for the Beach Equipment Concession for the Publicly Owned Beach. F. BID AWARD/ UNITED STATES SERVICE INDUSTRIES: Consider approval of a bid award to second lowest bidder, United States Service Industries, in the amount of $70,380.00 for janitorial services at the Police Department in addition to other related services as needed. FundinLy is available from 001 - 2111 -521 -34.10 (General Fund: Other Contractual Service /Janitorial Service). G. APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint one (1) regular member to serve a two (2) year term ending July 15, 2015 to the Green Implementation Advancement Board. Based on the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). 10. PUBLIC HEARINGS: A. RESOLUTION NO. 37 -13 /CONTRACT FOR SALE AND PURCHASE: 102 S.E. 81H STREET: Consider approval of Resolution No. 37 -13, a contract for sale and purchase, authorizing the City to donate a Neighborhood Stabilization Program property located at 102 S.E. 81h- Street to the Delray Beach Housing Group for the benefit and rental of unit to a household at or below 50% AMI. B. ORDINANCE NO. 26 -13: Consider an amendment to Chapter 32, "Departments, Boards and Commissions ", by amending Section 32.08, "Length of Terms; Restrictions ", to provide that a former City Commissioner may not be appointed to a city board for a one (1) year period upon leaving office. 11. FIRST READINGS: A. 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 hearinLy will be held on November 5. 2013. B. ORDINANCE NO. 27 -13: Consider an amendment to Chapter 30, "City Commission ", Section 30.15, "Waivers of City Ordinances ", to clarify process for the granting of waivers for special events and to clarify who pays for the cost of publishing the notice of the waiver request and amending Chapter 38, "City Policies ", to create a new Section 38.02, "Special Events ", in order to codify our special event policy by reference within our Code of Ordinances. If passed, a public hearing will be held on November 5, 2013. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission MEMORANDUM 'A Z TO: Mayor and City Commissioners FROM: Louie Chapman Jr., City Manager DATE: October 10, 2013 SUBJECT: AGENDA ITEM 5.B. - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 HEALTH CARE DISTRICT UPDATE - CHRISTOPHER IRIZARRY, FQHC EXECUTIVE DIRECTOR PRESENTATION ITEM BEFORE COMMISSION Health Care District Update — Christopher Irizarry, FQHC Executive Director Health Care District PALM BEACH COUNTY Community Benefits Report presented Fall 2013 YEARS Keeping Our Community Healthy A message from Over the last 25 years, we have filled critical gaps in our CEO the existing health care system in Palm Beach County. As a result, residents benefit from a strong health care safety net - on the ground, in the air, around the clock. This year the Health Care District marks a major milestone - 25 years of providing health care services to the residents of Palm Beach County. In 1988 the Health Care District was established through a ballot referendum. Since then, the Health Care District, working in partnership with public and private providers, has woven a strong health care safety net that benefits residents of all ages and from all walks of life. In this report we proudly present an overview of what we've accomplished, as well as highlight an important new program serving our community. From the outset, our mission has been to fill gaps in community health care without duplicating state or federal programs. Primary care access is one of those critical gaps. We crafted our health coverage plans to ensure that eligible uninsured residents can access primary care services. We took that com- mitment a step further this year when the District assumed the operation of the C. L. Brumback Primary Care Clinics, which provide medical care for adults and children regardless of their ability to pay. In rural, western Palm Beach County, where there is a grow- ing need for primary care physicians, we graduated our first class of Family Medicine Residents at our public hospital, Lakeside Medical Center. This residency program is one of the few in the nation that is dedicated to training primary care doctors to serve rural communities. We have carefully built a unique safety net system with the goal of minimizing the impact on local tax- payers. In fact, over the last 25 years, we've lowered our millage (tax rate) fourteen times. Our current millage is actually below what it was in 1990. Looking forward, the implementation of the federal Affordable Care Act will impact our health coverage plans. We will be notifying and assisting members of our plans who qualify for the federal health care marketplace to enroll in the new exchanges. In addi- tion, new enrollment to our Vita Health program will end October 31, 2013. This transition will mean fewer members in our health coverage plans. However, for those residents who cannot otherwise afford or access health coverage we remain committed to pro- viding quality health care now and into the future. Ronald J. Wiewora, MD, MPH Chief Executive Officer and ChiefMedica! Officer �J�COMM0N/ T L z y� w t� YEARS Life- saving care for the more than 3,000 people a year who suffer life- threatening traumatic injuries. School Nurses who care for more than 174,000 students, from pre -K to 12th grade, in 167 public schools in Palm Beach County. Health coverage plans for residents who cannot afford private health insur- ance and who do not qualify for any government health care programs. Qualityhealth care for rural western Palm Beach County residents at Lakeside Medical Center, the only acute -care hospital in the agricultural region. Skilled nursing and rehabilitation for residents who require 24 -hour inpa- tient care as a result of debilitating illness or traumatic injury. For more information, and a timeline of our progress, please visit us at www.hcdpbc.org Health Care District PALM BEACH COUNTY Our vision is to be the model for innovative health care delivery. We look to strengthen the health care safety net while acting in the best interest of coun ty taxpayers. Opening the C. L. Brumback Primary Care Clinics In July 2013, the Health Care District ensured the continuity of community -based primary care services by assuming direct operation of the four clinics that were formerly part of the Palm Beach County Health Department. These Federally Qualified Health Clinics, located in Delray Beach, Lantana, West Palm Beach, and Belle Glade, are projected to provide primary care services for approximately 25,000 adults and children a year, regardless of their ability to pay. The four clinics are dedicated to the legacy of the late Dr. Carl L. Brumback, the county's first Health Department Director. To make an appolntment at any of the clinics, please call 561 -642 -1000. From left: Nikerson Geneve, DO, Family Medicine Residency Program Director and Director of Medical Education, with the graduates Torah Freymon, DO, Tricia Nielsen, DO, and NaderAbdallah, DO i r ti� i Pediatric examination at the C. L. Brumback Primary Care Clinic in West Palm Beach. Training the rural community doctors of tomorrow Lakeside Medical Center, the county's only public safety -net hospital, owned and operated by the Health Care District, graduated its first class of Family Medicine Residents on June 25th, 2013.The hospital was accredited in 2011 by the American Osteopathic Association to offer the program. It is one of the few residency programs in the nation with a focus on the special health needs of populations in rural areas. There is a critical shortage of primary care doctors serving rural America. Fewer than five percent of new medical graduates choose to serve in rural communities. We are very proud to be helping to fill that gap here in Palm Beach County. Relocating the Edward J. Healey Rehabilitation and Nursing Center to a new facility r__i Health Care District Board and committee members, the District's CEO and staff, County Commissioners, resident Carrie Middleton, and relatives of the late Edward J. Healey officially open the new Center. Cutting the ribbon: District Board Chair, Carol A. Roberts. Giving residents healing and hope: physical therapy on new equipment. In the spring of 2013, the Health Care District proudly opened the doors of its new 120 -bed Edward J. Heaiey Rehabil- itation and Nursing Center in Riviera Beach. The new center replaces a facility that had been providing care for more than fifty years. The only facility of its kind in Palm Beach County, the Healey Center provides long -term and short - term skilled nursing and rehabilitation to residents who require 24- hour -a -day care as a result of debilitating illnesses or traumatic injuries, such as strokes, brain injuries, and spinal cord injuries.The Healey Center is named afterthe late Florida Representative Fdward 1. Healey, who also served on the Health Care District Roard from 1992 to 2001. How we fund our safety net system General Revenue ..................61.2% Program Revenue .................38.8% General Revenue comes mainly from the County's ad valorem property taxes and investment income. Program Revenue comes mainly from charges for our services, grants, and contributions.' Full financials are in our Comprehensive Annual Financial Report for the Fiscal Year that ended on September 30, 2012, available on -line at www.hcdp.hc.org Where we allocate the revenue • Health coverage plans .......... 45.3% Lakeside Medical Center....... 16.7% Nancy C. Banner, Esq. Trauma System ....................11.4% Director of Florida Edward 1. Healey Center ........ 6.6% Commissioner, City of School Health Program ......... 6.2% 41 Hospital Medicaid patients' ...4.8% It Funding collaboratives ........... 2.7% 41 Other ........... ...........................6.3% The state and the counties share the cost of hospital in- patient services for Medicaid patients.The health Care District funds Palm Beach County's share. How the results benefit residents of Palm Beach Count A full 94 percent of the Health Care District's expenditures are used to provide direct health care services to residents. The data below is for the calendar year 2012 unless otherwise noted. Health Coverage Plans Edward I Healey Rehabilitation and Nursing Center Residents enrolled in our health care plans' .... . .. ....................... 39,759 Number of residents (on average) last year ... ... ........ ... ............ ............. 96 Number of member visits to Primary Care doctors... 203,771 Average age of residents living at the Center ........ .............................48 Number of prenatal care services provided ....... ........................70,067 Hours of physical, speech, and occupational therapy ............. 6,250 Number of prescriptions filled by plan members ................563,917 Number of residents discharged from the Center3 .......................... 17 Lakeside Medical Center Number of patients admitted during the year ...... ..... ........ .........3,624 Number of Emergency Room visits .......................... ....................... 22,712 Number of outpatient registrations .............................. ....... ......... ...... 9,761 Total number of patients treated during the year ..................33,544 Trauma System Trauma patients treated last year ........ ... .......... .................................... 3,069 Number of patients transported by ourTrauma Hawks ............613 Survival rate of patients taken to ourTrauma Centers ..............97% Total number of trauma patients since inception' .................53,732 Who oversees the Health Care District The Health Care District is governed by a seven - member Board ofCom- missioners.Three Commissioners are appointed bythe Florida governor and three bythe Board of County Commissioners of Palm Beach County. Carol A. Roberts Philip H. Ward III Chair Vice -Chair Appointed by the Appointed by Palm Beach County Florida Governor Commission in Rick Scott in A� October 20.08. October 2011. School Health Number of School Nurses in the 2011-12 school year' ..............207 Number of students who used School Nurse services.....124,622 Total visits to School Nurses in 2011- 12 ............. ........................683,280 Student health screenings administered' ......... ........................146,338 Program memberships as of December 31, 2012:14,998 in Coordinated Care, 1,334 in Maternity Care, 12,654 in Personal Health Plan, and 10,773 in Vita Health. Period from May 1991 to December 31, 2012. Residents of the Healey Center who returned totheirfamilies orto assisted living facilities in the community in the calendar year 2012. Includes 204 Registered Nurses and 3 FPNs. School Nurses conducted 35,082 Body Mass Index and 10,608 Scoliosis screenings last year. Our Health Support Technicians completed 50,379 vision and 50,269 hearing screenings. In addition, the Director of Florida Health Palm Beach County also serves on the Board. At least one of the seven Commissioners must reside in the Glades and one must be an elected official. Brian R. Lohmann Secretary Resident of the Glades appointed by the Palm Beach County Commission in September 2011. Leslie B. Daniels Appointed by Florida Governor Rick Scott in May 2013. Alina M. Alonso, MD Nancy C. Banner, Esq. Angeleta Gray Director of Florida Appointed by Commissioner, City of Health Palm Beach 21 s Florida Governor 9 Delray Beach. County since Rick Scott in Appointed by the July 2009. October 2011, Palm Beach County r Commission, March 2013. Leslie B. Daniels Appointed by Florida Governor Rick Scott in May 2013. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: October 8, 2013 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 LANDSCAPE MAINTENANCE AGREEMENT /901 SOUTH OCEAN BLVD ITEM BEFORE COMMISSION Request Commission approval of the Landscape Maintenance Agreement between the property owner and the City for landscape installation within the right -of -way at 901 S. Ocean Blvd. BACKGROUND The property owner is proposing to install low shrubs and groundcovers within the right -of -way on S. Ocean Blvd. The proposed installation will help complement the existing plantings that are already in the right -of -way. The owner has agreed to maintain the plant material for perpetuity and has submitted a signed City of Delray Beach Landscape Maintenance Agreement. The proposed plant material is not substantial and can be removed easily if the need occurs. REVIEW BY OTHERS City Attorney RECOMMENDATION Staff recommends the City Commission give favorable consideration to the owner's request to install the proposed plants in the City right -of -way by executing the Landscape Maintenance Agrement. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 204 N.W. 1st Avenue Delray Beach, FL 33444 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made this day of i 200— and between the City of Delray Beach, Florida ( "City ") and da, l C. >G di' ( "Owner "). WITNESSETH: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and, WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be allowed to install landscaping material in the right-of-way of r pursuant to the terms of this Agreement; and, (A WHEREAS, this Agreement shall in no way be deemed an factual, constructive or any other type of abandonment by the City of the public right -of -way of 0 c,"a =t and, WHEREAS, the City reserves the right at any time to utilize the right -of -way for right -of- way purposes; and, WHEREAS, the public will benefit from the beautification of areas along its streets by the addition of landscaping; and, WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of the landscaping. The subject property, further described in Exhibit "A ", shall have an approved landscape plan, Exhibit "B ", attached hereto and incorporated herein by reference. 3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. Owner shall further be responsible for obtaining all permits and approvals from all applicable governmental agencies. 4. The Owner hereby agrees to maintain the plantings in the right -of -way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The Owner shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper height; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original plans and specifications and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscaped areas in the right-of-way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 2 5. If at any time after the execution of this Agreement by the Owner, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner shall have a period of thirty calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a) Maintain the landscaping or part thereof, and invoice the Owner for expenses incurred. (b) Terminate this Agreement and require the Owner to comply with the City's current Ordinance on landscaping. (c) Cite the Owner for failure to comply with the City's Ordinances. 6. At all times hereto, the Owner shall own and maintain all landscaping installed in the right -of -way by the Owner. 7. If for any reason the City decides that it needs the right -of -way of 1-1 1 �'��' `'1 o i or for any other public purpose this Agreement shalt terminate, and the Owner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. Owner shall remove all landscaping from the right -of -way within 20 days of such notification, if so requested by the City. S. The Owner shall indemnify and hold harmless the City, its officers and employees from all suits, actions, claims and liability arising solely out of the Owner's installation and maintenance of landscaping in the City's right -of -way. 9. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 10. This Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. 11. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 3 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of , 2093 ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk Approved as to legal form and sufficiency: City Attorney W TNES Ef (Print or Type Name) (Print or Type Name) STATE OF O Vk � COUNTY OF Un Mayor The foregoing instrument was acknowledged before me this __.; day of „ 20 by ��_� , as0;�. (name of officer or agent, title of officer or agent), of ,.s" �' w ! (name of corporation acknowledging), "L -0� rp g g), a ��- _(sf,4te or place of incorporation.) corporation, on behalf of the corporation. He/She is o_na_lly known to me or has produced (type of identification) �asfiificaton:`" ,qki nture of Person Taking Acknowledgment NOT PU13UC Name Typed, Printed or Stamped Iy Cn. EOM May 10, 2017 11 _J ■ � s Legal Description: LOT 1, TURTLE BEACH - SOUTH, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 113, PAGES 67 AND 68, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORI CA, m �.m �a�a7ssa3�T �xi`s��ox aun�nz I . 1H.103411 g V li dllV1O' LIOq .0930 xZnos Ids; �i Sli'Lill z l am %fKoe 2 \ a¥Ak]40# ; &fTRO 7iJ9% })E 1-0-A (� ewM�ym4{{0S®))kaoiwuna['( -' 9�146DLII951�^Sd 6QQQi �q; "�SR� Laiy'M'61SI u�i..l1 ..,,,_ �� IYaryoEngv, Q\\Q i AL'L MOM s�grrnrssa3a� ,l v9D0._H -MON 106. Oki 'SHWOH 'LuliXllyl ''A'UVYll i XH�IIjJIONJ, Q\\Q i AL'L MOM ,l v9D0._H -MON 106. I � . i J a � z k IWO 3h ... I till 11 S a 'tom gg 1 HIM' 111 i HIM it H INING tlgo 11 110-1 m I I N I Ill MAIM21110 :1 i `1 3 } MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: October 4, 2013 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 INTERLOCAL AGREEMENT/ PALM BEACH COUNTY: ROADWAY OPEN CUTS ITEM BEFORE COMMISSION The item before Commission is to approve an Interlocal Agreement between the City and Palm Beach County regarding open cuts under County thoroughfares. BACKGROUND Palm Beach County enacted a policy in 2008 that required a performance bond from any entity that makes an open cut under a County thoroughfare. The County enacted this policy to curb the time and money spent by the County to repair open cuts that had not been properly completed. The policy also included municipalities and their contractors. In March 2008, the City entered into an Interlocal Agreement with Palm Beach County whereby the City, or its contractors, are not required to provide the County with a performance bond if the amount of construction related to the open cut is less than $200,000, however the City shall be responsible for repairing the open cut for a 6 month period after the final restoration of the open cut. Relative to most City projects, the value of the open cuts are well under this threshold. The original agreement had a term of five years, expiring in 2013. In -lieu of an extension of the original agreement, Palm Beach County is proposing a new agreement with no term limit which can be dissolved upon mutual consent of both parties after a 60 day notification by either party. REVIEW BY OTHERS City Attorney Finance RECOMMENDATION Staff recommends approval of the Interlocal Agreement with Palm Beach County. INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH REGARDING OPEN CUTS UNDER COUNTY THOROUGHFARE ROADS THIS AGREEMENT, made and entered into this day of , 2013, by and between the BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter "COUNTY "), and the CITY OF DELRAY BEACH, a municipality existing under the laws of the State of Florida, (hereinafter "CITY "). WHEREAS, the COUNTY has adopted certain policies and procedures regarding open cuts across its thoroughfare and non - thoroughfare roads; and WHEREAS, the CITY has agreed to follow the policies and procedures set forth by the COUNTY regarding open cuts on COUNTY roads; however, the CITY shall not be required to obtain a surety bond for the open cut, but, instead will be bound by the terms and conditions of this Interlocal Agreement (Agreement); and WHEREAS, the CITY agrees to be responsible for repairing the open cut, in accordance with COUNTY policies and procedures, and all costs associated with such repair. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: Section 1. The above recitations are true and correct and are incorporated herein. Section 2. COUNTY Policy: The COUNTY has adopted policies and procedures, PPM EL -0-3605 and PPM EL -0-3606, regarding open cuts on COUNTY thoroughfare and non - thoroughfare roads and all open cuts shall be in compliance with these policies and procedures, as amended from time to time. The polices set forth the requirements of permitting, construction, and maintenance of the open cut as well as the requirement to obtain a surety bond to insure the proper repair of the open cut. The current policies and procedures are attached as Exhibit A. Section 3. Work performed by the CITY: The CITY (any reference to CITY shall include work performed not only by the CITY but by its contractors or sub - contractors) shall be required to follow all of the requirements of the policies of the COUNTY regarding open cuts. However, except as provided in d) below, the CITY shall not be required to obtain a surety bond for such work and instead shall be bound by the following terms and conditions: a) The CITY shall be responsible for repairing the open cut for a six (6) month period after the final restoration of the open cut. b) During and at the end of the 6 month period the COUNTY may request certain repairs or further restoration be made to the open cut, in which case, the CITY shall make such repairs or restoration within thirty (30) days of receiving written notice from the COUNTY. C) In the event the CITY fails to make such repairs within the time frame allowed or such repairs are inadequate after the thirty (30) day notice and opportunity to cure required by Section 8, or emergency repairs are required, the COUNTY may make such repairs as it deems necessary and invoice the CITY for the cost of such work. Upon receiving such invoice the CITY shall, within forty -five (45) days, make payment to the COUNTY. d) Work involving open cuts on COUNTY thoroughfare and non - thoroughfare roads, performed for the CITY by Contractors, having a value of more than $200,000, shall be bonded under a Payment and Performance Bond and name the County as an obligee in accordance with Florida Statute Chapter 255.05. e) The CITY shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Agreement, insurance coverage and limits (including endorsements), as described as follows: CITY agrees to maintain, or self - insure, Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute Chapter 440. CITY agrees to provide a statement, or Certificate of Insurance, evidencing insurance or self - insurance for the above required 2 coverages. CITY agrees to maintain its self - insurance or insurance shall be primary as respects to any coverage afforded to or maintained by COUNTY. CITY agrees compliance with the foregoing insurance requirements is not intended to nor construed to relieve CITY of its liability and obligations under this Agreement. CITY shall agree to provide the COUNTY with at least ten days (10) prior notice of any cancellation, non - renewal or material change to the insurance coverage. f) In the event the CITY engages a contractor to perform work associated with this Agreement, the CITY will require each contractor engaged by the CITY to maintain: 1) Commercial General Liability or Business Auto Liability, at limits not less than $500,000 each occurrence. CITY agrees to have contractor endorse Palm Beach County Board of County Commissioners as an "Additional Insured" to the Commercial General Liability, but only with respect to negligence other than County's negligence arising out of this Agreement. This paragraph does not apply to liability policies which afford only indemnity based claims -bill coverage. 2) Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute Chapter 440. Section 4. Area Subject to Agreement: The terms of this Agreement shall apply to all open cuts performed by the CITY, on COUNTY thoroughfare and non - thoroughfare roads located in the CITY'S utility service area. Section 5. Term: This Agreement shall be dissolved upon mutual consent of both parties after a 60 day notification by either party, and there are no outstanding permits for which sureties were waived under this agreement in which case the agreement will remain in effect until the open permit(s) are satisfactorily closed out. 3 Section 6. Indemnification: In the event a claim or lawsuit is brought against the COUNTY, its officers, employees, servants or agents, the CITY, to the extent set forth in Florida Statute 768.28 ($200,000 per person/$300,000 per claim) agrees to save, defend, reimburse, indemnify and hold harmless the COUNTY, its officers, employees, servants and agents from any and all claims, demands, damages, liabilities, causes or actions, legal or administrative proceedings, judgments, interest, attorney's fees, costs and expenses of whatsoever kind or nature, whether arising in any manner directly or indirectly caused. The CITY'S aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the extent set forth in F.S. 768.28, but in no event shall they apply to liability caused by the negligence of the COUNTY, or its agents, servants, employees or officers. This indemnification is also mutual from COUNTY to CITY. Section 7. Notice of Complaints or Suits: Each party will promptly notify the other of any citizen complaint, claim, suit, or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this Agreement. Section 8. Breach and Opportunity to Cure: The parties expressly covenant and agree that in the event either party is in default of its obligations under this Agreement, the party not in default shall provide to the defaulting party thirty (30) days written notice before exercising any of its rights. Section 9. Enforcement Costs: Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to this Agreement. 0 Section 10. Notice: All notices required to be given under this Agreement shall be in writing, and deemed sufficient to each party when sent by United States Mail, postage prepaid, to the following: As to the COUNTY: Palm Beach County Engineering Department Land Development Division Joanne M. Keller, P.E., Director 2300 North Jog Road West Palm Beach, Florida 33411 -2745 As to the CITY: CITY of Delray Beach Attention: City Manager City Hall: 100 NW First Ave Delray Beach, Florida 33444 With a copy to: CITY of Delray Beach Attention: CITY Attorney Delray Beach, Florida 33444 Section 11. Modification and Amendment: Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. Section 12. Remedies: This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. To encourage prompt and equitable resolution of any litigation, each party hereby waives its rights to a trial by jury in any litigation related to this Agreement. 5 Section 13. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against one of the parties than the other. Section 14. Execution: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Section 15. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. Section 16. Effective Date: This Agreement shall take effect upon execution. Section 17. Compliance with Codes and Laws: Each party agrees to abide by all laws, orders, rules, policies and regulations. Section 18. Access and Audits: The CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing work associated with this Agreement for at least three (3) years after completion or termination of this Agreement. The COUNTY shall have access to such books, records and documents as required in this section for the purpose of inspection or audit during normal business hours, at the CITY. The COUNTY has established the Office of the Inspector General in COUNTY Code Section 2 -421 — 2 -440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed COUNTY contracts, transactions, accounts and records to require the production of records and to audit, investigate, monitor and inspect the activities of the CITY, it's officers, agents, employees and lobbyists in order to ensure compliance with Agreement requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of COUNTY Code Section 2 -421 — 2 -440, and punished 6 pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. Section 19. FULL FORCE AND EFFECT: In the event that any section, paragraph, sentence, clause or provision hereof is held in valid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 20. DISCRINHNATION: The COUNTY and CITY agree that no person shall, on the grounds of race, color, gender, national origin, ancestry, marital status, sexual orientation, disability, religion or creed, age, sex, familial status, gender identity, or expression be discriminated against in performance of this Agreement. Section 21. REMEDIES: This Contract shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. No provision of this Contract is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Contract, including but not limited to any citizen or employees of the COUNTY and /or CONSULTANT. IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on the day and year first written above. 7 ATTEST: Sharon R. Bock, Clerk & Comptroller By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney ATTEST: By: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: CITY Attorney PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS go Steven L. Abrams, Mayor APPROVED AS TO TERMS AND CONDITIONS IM 0 County Engineer CITY OF Delray Beach Mayor PALM BEACH COUNTY DEPARTMENT OF ENGINEERING & PUBLIC WORKS LAND DEVELOPMENT DIVISION TO: All Division Personnel PPM NUMBER: EL -0-3605 FROM: Joanne M. Koerner, P.E. Director ISSUE DATE: 05/17/2011 Land Development Division EFFECTIVE DATE: 05/17/2011 SUBJECT: Open -Cut Policy for Thoroughfare Plan Roads Contact Position(s): Professional Engineer Project Coordinator Electronic Permitting Specialist Authority: Ordinance 2008 -006 Countywide PPM #CW -F -055 Purpose: To establish uniform procedures for reviewing and permitting open- cutting of County Maintained Roads listed on the Thoroughfare Right of Way Identification Map (Thoroughfare Plan). Policy: The following policy statements shall be used when applying the procedures described herein: 1. Whenever possible all utilities shall be installed in County maintained rights of way shown on the County's Thoroughfare Plan without disturbing existing pavement. 2. Where it has been deemed necessary to open cut a County maintained Thoroughfare Plan road for any type of work, all work and procedures shall be conducted in accordance with this PPM. 3. Surety will be required to guarantee that the workmanship of the open -cut and reconstruction of the roadway shall be in strict conformance with this PPM. Surety will be released if after six (6) months from the date of the initial satisfactory field review; the restoration is found acceptable. 4. Palm Beach County Departments and Divisions will be exempt from providing surety. Page 1 of 5 PPM No. EL -0-3605 Procedure: 5. The Engineer -of- Record will provide full -time inspection during the entire open -cut operation, beginning with the excavation and continuing through completion of the paving. 6. A Surface Transition Area overlay or mill and resurface for a distance of 50' on each side of the open cut for a full lane width shall be provided for open cuts on Thoroughfare Plan Roadways. 7. The Surface Transition Area overlay noted in Policy 6 shall not be required if re- surfacing or re- construction of the roadway section is scheduled within the next twenty -four (24) months. In this case, only the pavement within the ditch width will be replaced. 8. Certification from the Project Engineer that the work was conducted in accordance with Palm Beach County standards and the Permit shall be provided within two weeks of the completion of the work. 9. Failure to submit the required certification within six (6) months after the final restoration of the open cut will result in the work not receiving a Final Inspection and the Posted Surety being drawn and transferred to the Road and Bridge Division, Roadway Maintenance Account. Upon receipt of a permit application, in accordance with PPM #EL -0-3601 — Right of Way Construction Permit Process, requesting the open- cutting of a County maintained Thoroughfare Plan road, the Project Coordinator shall forward the submitted plans to the Director of the Road & Bridge Division for review. 2. The Road & Bridge Division reviews the proposal and returns a recommendation of approval or denial to the Land Development Division. A justification is requested for all recommendations of denial. 3. If the Road & Bridge Division recommends approval of the open -cut, the Project Coordinator shall continue the review of the application. 4. If the Road & Bridge Division does not recommend approval of the open - cut, the Project Coordinator shall notify the applicant that his request will not be approved and an alternative design will be required. An appeal of this decision can be made to the Deputy County Engineer by requesting such an appeal in writing to the Project Coordinator. The Project Coordinator will then request the Land Development Director determine whether a meeting is warranted and, if so, to arrange for a meeting with the Deputy County Engineer, the Director of the Road & Bridge Division and the Project's Engineer -of- Record. Page 2 of 5 PPM No. EL -0-3605 5. Concurrently, the Project Coordinator shall confirm that the plans for the proposed open -cut are in conformance with the County's Open Cut Detail for Thoroughfare Plan Roads (Form 3605.1) and PPM# EL -0-3601 and that the Open Cut Detail is shown on the submitted construction plans. 6. The Project Coordinator shall review the Engineer's signed and sealed Opinion of Cost for the open cut including maintenance of traffic and all other work in accordance with this PPM but excluding the cost of the pipe. Upon acceptance of the Opinion of Cost, the Project Coordinator shall establish the surety amount at 110% of the Engineer's Opinion of Cost. 7. A surety in excess of $25,000.00 may be paid by a Clear Irrevocable Letter of Credit meeting all the requirements of Countywide PPM #CW -F- 055, with the original expiration date established two (2) years from the date of issuance (Letter of Credit - Form 3605.11). 8. A Performance Bond /Blanket Surety (Form 3605.8) to cover multiple Permits for Qualifying Utility Providers may also be accepted. The form and conditions of a Performance Bond /Blanket Surety requires the approval of the County Attorney. 9. In lieu of surety, an Inter -local Agreement between the County and other municipalities and tax districts may be approved (Form 3605.9). 10. Prior to releasing the permit, the Electronic Permit Specialist shall receive the surety required to guarantee the satisfactory construction and repair of the open cut. If the surety is a check, the Electronic Permit Specialist shall prepare a Surety Deposit Memo (Form 3605.3) to Engineering Administrative Services, attach the check to the form and include the check and the Transmittal Memo with the other fees in accordance with PPM #EL -F -3201 — Receipt Procedures for the Permit Section. In the event the surety is in the form of an acceptable Letter of Credit, the Electronic Permit Specialist shall make entries into the Permit Database confirming that the surety has been posted. The surety shall be held in a locked safe in the Land Development Division. The entry on the Permit indicating the posted surety will serve as a receipt to the Applicant. In the event of a Performance Bond /Blanket Surety or Inter -local Agreement, a note indicating the type of guarantee shall be entered into E- Permitting by the Electronic Permit Specialist. 11. After the Engineer -of- Record submits the certificate of completion and Construction Coordination has conducted a satisfactory Final Inspection, the Coordinator II in Construction Coordination will enter the Initial "Final Inspection" date on the Inspection tab in E- Permitting which will Page 3 of 5 PPM No. EL -0-3605 show up in the Project Coordinator's "Finalized with Surety" folder. The "six (6) month follow up date" will be automatically entered by the E- Permitting system. The Project Coordinator will merge the Completion Notice for Permits Requiring Surety (Form 3605.7) and in accordance with PPM #EL -0-3601 Right of Way Construction Permit Process. 12. Once a month a Re- Inspection Report (Form 3605.2) will be created and distributed to the Coordinator II in Construction Coordination advising which projects require a six (6) months re- inspection in accordance with Policy 3 of this PPM. 13. After the required six (6) month period, Construction Coordination will perform a re- inspection of the open cut surface and fill in a "Follow up Final" date on the Inspection Tab of the E- Permitting. The project will then show up in the Land Development reviewer's "Finalized by Construction Coordination" Folder. 14. If Construction Coordination accepts the restoration as adequate the permit is then considered complete and the guarantee can be released. If the surety was posted in the form of a Letter of Credit, the Electronic Permit Specialist shall remove the Letter of Credit from the safe and return it to the party posting the Letter of Credit along with the Surety Release Letter of Credit (Form 3605.10). For all other types of guarantees, the Project Coordinator initiates Form 3605.4 (Final Review /Surety Release Memo) to Administrative Services requesting the surety be returned to the Remitter. A copy of this form will be provided to the permittee and /or Remitter. 15. If the six (6) month re- inspection is found unsatisfactory, the Coordinator II in Construction Coordination sends form (Form 3605.6 — Notice of Additional Work Required) to the applicant giving the applicant thirty (30) days from date of re- inspection to correct the deficiencies. 16. If the restoration is not completed and given a satisfactory inspection after the thirty (30) day period, the Coordinator II notifies the Electronic Permit Specialist who will initiate the memo (Form 3605.5 — Surety Transfer to Road and Bridge) to Administrative Services requesting transfer of the surety to the Road & Bridge Division's roadway maintenance account. The Road & Bridge Division will complete the restoration. 17. The guarantee can be released if the restoration required in Procedure 15 above is given a satisfactory inspection. The surety shall be released in accordance with Procedure 14 above. 18. At the County's discretion for emergency situations, the County may make emergency repairs with little or no notice to the permittee. All costs Page 4 of 5 PPM No. EL -0-3605 associated with these repairs shall be the permittee's responsibility. Forms: The following forms are associated with this directive and are contained in Volume 3 of the Appendix of the Land Development Division Manual: 3605.1 Open -cut Detail for Thoroughfare Roads 3605.2 Monthly Re- Inspection Report 3605.3 Surety Deposit Memo 3605.4 Final Review /Surety Release Memo 3605.5 Surety Transfer to Road and Bridge 3605.6 Notice of Additional Work Required 3605.7 Completion Notice for Permits Requiring Surety 3605.8 Performance Bond/Blanket Surety Example 3605.9 Inter -local Agreement Example 3605.10 Surety Release Letter of Credit 3605.11 Letter of Credit Example APPROVALS: Division Director: Department Director: Supersession History: 1. PPM #EL -0-3605 issued 5/7/09 2. PPM #EL -0-3605 issued 1/9/08 Date: Date: Page 5 of 5 PPM No. EL -0-3605 PALM BEACH COUNTY DEPARTMENT OF ENGINEERING & PUBLIC WORKS LAND DEVELOPMENT DIVISION TO: All Division Personnel PPM NUMBER: EL -0-3606 FROM: Joanne M. Koerner, P.E. Director ISSUE DATE: 05/17/2011 Land Development Division EFFECTIVE DATE: 05/17/2011 SUBJECT: Open -Cut Policy for Non - Thoroughfare Plan Roads Contact Position(s): Professional Engineer Project Coordinator Electronic Permitting Specialist Authority: Ordinance 2008 -006 Countywide PPM #CW -F -055 Purpose: To establish uniform procedures for reviewing and permitting open- cutting of County maintained roads not listed on the Thoroughfare Right of Way Identification Map (Thorough Plan). Policy: The following policy statements shall be used when applying the procedures described herein: 1. Whenever possible all utilities shall be installed in County maintained rights of way without disturbing existing pavement. 2. Whenever it has been deemed necessary to open cut a Non - Thoroughfare Plan (local) County maintained road for any type of work, all work and procedures shall be conducted in accordance with this PPM. 3. Surety will be required to guarantee that the workmanship of the open -cut and reconstruction of the roadway shall be in strict conformance with this PPM. Surety will be released if after six (6) months from the date of the initial satisfactory field review; the restoration is found acceptable. 4. Palm Beach County Departments and Divisions will be exempt from providing surety. 5. The Engineer -of- Record will provide full -time inspection during the entire open -cut operation, beginning with the excavation and continuing through Page 1 of 5 PPM No. EL -0-3606 Procedure: completion of the paving. 6. Certification from the Project Engineer that the work was conducted in accordance with PPM #EL -0-3601, PPM #EL -0-3606 and the Permit shall be provided within two weeks of the completion of the construction. 7. Failure to submit the required certification within six (6) months after the final restoration of the open cut will result in the work not receiving a Final Inspection and the Posted Surety being drawn and transferred to the Road and Bridge Division, Roadway Maintenance Account. Upon receipt of a permit application in accordance with PPM #EL -0-3601 — Right of Way Construction Permit Process, requesting the open- cutting of a County maintained Non — Thoroughfare Plan road, the Project Coordinator shall forward the submitted plans to the Director of the Road & Bridge Division for review. 2. The Road & Bridge Division reviews the proposal and returns a recommendation of approval or denial to the Land Development Division. A justification is requested for all recommendations of denial. 3. If the Road & Bridge Division recommends approval of the open -cut, the Project Coordinator shall continue review of the application. 4. If the Road & Bridge Division does not recommend approval of the open - cut, the Project Coordinator shall notify the applicant that his request will not be approved and an alternative design will be required. An appeal of this decision can be made to the Deputy County Engineer by requesting such an appeal in writing to the Project Coordinator. The Project Coordinator will then request the Land Development Director determine whether a meeting is warranted and, if so, to arrange for a meeting with the Deputy County Engineer, the Director of the Road & Bridge Division and the Project's Engineer -of- Record. 5. Concurrently, the Project Coordinator shall confirm that the plans for the proposed open -cut are in conformance with the County's Open Cut Detail for Non - Thoroughfare Plan Roads (Form 3606.1) and PPM# EL -0-3601 and that the Open Cut Detail is shown on the submitted construction plans. 6. Any open cut of the pavement that is perpendicular to the centerline of the road requires a $5,000.00 surety per cut. 7. For a ap rallel cut inside the pavement or when the parallel installation is outside the pavement but requires pavement restoration the surety requirements are as follows: Page 2 of 5 PPM No. EL -0-3606 a. If the length of the cut does not exceed the pavement width of the road, the surety amount is $5,000.00. b. If the length of the cut exceeds the pavement width of the road, the surety amount shall be 110% of the Engineer's signed and sealed Opinion of Cost including maintenance of traffic and all other work in accordance with this PPM but excluding the cost of the pipe. 8. A Surety in excess of $25,000.00 may be paid by a Clear Irrevocable Letter of Credit meeting all the requirements of Countywide PPM #CW -F- 055, with the original expiration date established two (2) years from the date of issuance (Form 3606.11). 9. A Performance Bond /Blanket Surety (Form 3606.8) to cover multiple Permits for Qualifying Utility Providers may also be accepted. The form and conditions of a Performance Bond /Blanket Surety would require the approval of the County Attorney. 10. In lieu of surety, an Inter -local Agreement between the County and other municipalities and tax districts may be approved (Form 3606.9). 11. Prior to releasing the permit, the Electronic Permit Specialist shall receive the required surety for the open cut. If the surety is a check, the Electronic Permit Specialist shall prepare a Surety Deposit Memo (Form 3606.3) to Engineering Administrative Services, attach the check to the form and include the check and the Transmittal Memo with the other fees and payments that have been received and processed in accordance with PPM #EL -F -3201 — Receipt Procedures for the Permit Section. In the event the surety is in the form of an acceptable Letter of Credit, the Electronic Permit Specialist shall make entries into the Permit Database confirming that the surety has been posted. The surety shall be held in a locked safe in the Land Development Division. The entry on the Permit indicating the posted surety will serve as a receipt to the Applicant. In the event of a Performance Bond /Blanket Surety or Inter -local Agreement, a note indicating the type of guarantee shall be entered into E- Permitting by the Electronic Permit Specialist. 12. After the Engineer -of- Record submits the certificate of completion and Construction Coordination has conducted a satisfactory Final Inspection, the Coordinator II in Construction Coordination will enter the Initial "Final Inspection" date on the Inspection tab in E- Permitting which will show up in the Project Coordinator's "Finalized with Surety" folder. The "six (6) month follow up date" will be automatically entered by the E- Page 3 of 5 PPM No. EL -0-3606 Permitting system. The Project Coordinator will merge the Completion Notice for Permits Requiring Surety (Form 3606.7) and in accordance with PPM #EL -0-3601 Right of Way Construction Permit Process. 13. Once a month a Re- Inspection Report (Form 3606.2) will be created and distributed to the Coordinator II in Construction Coordination advising which projects require a six (6) month re- inspection in accordance with Policy 3 of this PPM. 14. After the required six (6) month period, Construction Coordination will perform a re- inspection of the open -cut surface and fill in a "Follow up Final" date on the Inspection Tab of E- permitting. The project will then show up in the Land Development reviewer's "Finalized by Construction Coordination" Folder. 15. If Construction Coordination accepts the restoration as adequate the permit is then considered complete and the guarantee can be released. If the surety was posted in the form of a Letter of Credit, the Electronic Permit Specialist shall remove the Letter of Credit from the safe and return it to the party posting the Letter of Credit along with the Surety Release Letter of Credit (Form 3606.10). For all other types of guarantees, the Project Coordinator initiates Form 3606.4 (Final Review /Surety Release Memo) to Administrative Services requesting the surety be returned to the Remitter. A copy of this form will be provided to the permittee and /or Remitter. 16. If the six (6) month re- inspection is found unsatisfactory, the Coordinator II in Construction Coordination sends form (Form 3606.6 — Notice of Additional Work Required) to the applicant giving the applicant thirty (30) days from date of re- inspection to correct the deficiencies. 17. If the restoration is not completed and given a satisfactory inspection, the Coordinator II notifies the Electronic Permit Specialist; who will initiate the memo (Form 3606.5 — Surety Transfer to Road and Bridge) to Administrative Services requesting transfer of the surety to the Road & Bridge Division's roadway maintenance account. The Road & Bridge Division will complete the restoration. 18. The guarantee can be released if the restoration required in Procedure 16 above is given a satisfactory inspection. The surety shall be released in accordance with Procedure 15 above. 19. At the County's discretion for emergency situations, the County may make emergency repairs with little or no notice to the permittee. All costs associated with these repairs shall be the permittee's responsibility. Page 4 of 5 PPM No. EL -0-3606 Forms: The following forms are associated with this directive and are contained in Volume 3 of the Appendix of the Land Development Division Manual: 3606.1 Open -cut Detail for Non - Thoroughfare Roads 3606.2 Monthly Re- Inspection Report 3606.3 Surety Deposit Memo 3606.4 Final Review /Surety Release Memo 3606.5 Surety Transfer to Road and Bridge 3606.6 Notice of Additional Work Required 3606.7 Completion Notice for Permits Requiring Surety 3606.8 Performance Bond /Blanket Surety Example 3606.9 Inter -local Agreement Example 3606.10 Surety Release Letter of Credit 3606.11 Letter of Credit Example APPROVALS: Division Director: Date: Department Director: Date: Supersession History: 1. PPM #EL -0-3606 issued 5/7/09 2. PPM #EL -0-3606 issued 1/9/08 Page 5 of 5 PPM No. EL -0-3606 MEMORANDUM TO: Mayor and City Commissioners FROM: Vincent Nolan, CEcD, Economic Development Director DATE: October 11, 2013 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 INTERLOCAL FUNDING AGREEMENT/ CRA/ ECONOMIC DEVELOPMENT DIRECTOR AND ECONOMIC DEVELOPMENT MANAGER ITEM BEFORE COMMISSION The item before Commission is to approve an Interlocal Funding Agreement to provide shared funding with the CRA for the Economic Development Director and Economic Development Manager positions. BACKGROUND On June 23, 2011, the City Commission of Delray Beach and the Delray Beach Community Redevelopment Agency entered into a funding agreement for the position of Economic Development Director. The position was established at that time as a shared position between the CRA and the City, with the CRA employing the Economic Development Director and sharing the time and salary of said Director with the City on a 75/25 basis (75% CRA and 25% City). The CRA hired the current incumbent as of October 3, 2011 under the terms of that agreement, with an expiration date of October 1, 2013. During the budget cycle for Fiscal Year 2012 -2013, staff recommended a change to the CRA Executive Director and the City Manager, which would modify the percentage of time and expense shared between the CRA and the City to be a 50150 split. The original 75/25 split was deemed to have been appropriate during the prior year as the City was in the strategic development stage of creating new strategies and incentive programs. As those programs became operational, additional time needed to be allocated to their implementation. This change was budgeted by both entities and took effect on October 1, 2012; subsequently memorialized in an amendment to the Interlocal Funding Agreement. During the budgeting process for the current year, beginning on October 1, 2013, staff proposed the need for additional dedicated staffing for economic development for both the CRA and the City. The demand for direct business services was competing with continued strategic planning activities for time allocated by the Economic Development Director. With the approval of both the CRA Executive Director and the City Manager, a staffing strategy was devised to transform the existing CRA Marketing and Grants Manager position into the position of Economic Development Manager, to be shared with the City in a fashion similar to that of the Economic Development Director. Elizabeth Burrows is the incumbent in that position and is most qualified to provide additional support to the Economic Development Director on business outreach, incentive program management, and interagency communications for economic development matters city -wide. While maintaining responsibility for message management for the CRA, many of the marketing functions associated with Ms. Burrow's prior position will be tactically handled by an external marketing consultant or firm to be employed by the CRA. The CRA Executive Director and the City Manager have both approved this staffing strategy and have budgeted accordingly for this year. The funding agreement which is attached for your approval, establishes the necessary documentation of the cost sharing and lines of accountability for the Economic Development Office for the City of Delray Beach and the Delray Beach CRA RECOMMENDATION Approve the Funding Agreement between the City and CRA for funding of the Economic Development Director and Economic Development Manager positions. FUNDING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY THIS FUNDING AGREEMENT (the "Agreement "), is made this day of October, 2013, by and between the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as the "CRA ", and the CITY OF DELRAY BEACH, hereinafter referred to as the "City ". WITNESS. ETH: WHEREAS, increasing economic development within the City of Delray Beach is essential to maintain a vibrant and competitive community; and WHEREAS, the CRA and the City desire to continue to further the economic development within the City in a more cohesive, collaborative and streamlined manner; and WHEREAS, the CRA desires to dedicate staff resources toward implementing the economic development initiatives contained within the CRA Plan; and WHEREAS, the City's Home Rule Power allows and F.S. §166.021(9) expressly provides that the expenditure of public funds for economic development is a valid public purpose; and WHEREAS, the CRA and the City desire to enter into this Agreement in order to participate together in funding employee positions dedicated to economic development, within the City's Community Redevelopment Area and the City of Delray Beach as a whole; and WHEREAS, the CRA and the City find that this Agreement serves a municipal and public purpose, and is consistent with the Delray Beach Community Redevelopment Plan and the provisions of Chapter 163, Florida Statutes. NOW, THEREFORE, in consideration of the promises and covenants herein contained, the parties agree as follows: 1. Recitations. The recitations set forth above are incorporated as if fully set forth herein. 2. Positions. The CRA and the City, pursuant to the terms and conditions contained herein agree to contribute funds in order to provide for the maintenance of the previously created position entitled Economic Development Director, hereinafter referred to as the "Director "; and the creation of a new employment position entitled Economic Development Manager, hereinafter referred to as the "Manager ". The Director and Manager shall be employed by the CRA; however, the City shall have input with respect to the selection of any future Director should the incumbent leave 1 during the course of this Agreement. Any person selected for the Director position must be approved by the City Manager of the City of Delray Beach. The Manager shall be selected by Director, with the direct involvement of the CRA's Executive Director and the City Manager of the City of Delray Beach. 3. Employees of the CRA. The Director and Manager shall be CRA employees, subject to the following provisions governing the relationship of the Director and the Manager to the CRA and the City: a. Duties of the CRA. The Director shall report directly to the CRA's Executive Director and shall formulate, recommend, and carry out policies relative to business development, business retention, and business enhancement strategies and programs within the CRA Redevelopment Area and all other business districts within the City. The Manager shall report to the Director and carry out business recruitment, retention and expansion strategies as directed within the CRA Redevelopment Area and all other business districts within the City. The CRA, as the employer, shall assume all duties and responsibilities of employer which shall include, but not be limited to, providing primary office space and directing all day -to -day activities of the Director. b. Duties of the City. The Director shall report to the City Manager of the City of Delray Beach, with regard to policies and programs specific to the overall economic development of the City, and the implementation of those programs through the City Manager of the City of Delray Beach. The funding for the economic development functions shall be maintained in line items within the City Manager's office budget assigned specifically for Economic Development. This shall including staffing, marketing, incentive funds and other associated expenses. 4. Director Duties and Responsibilities . The duties and responsibilities of the Director shall be to formulate, recommend, and carry out policies relative to business development, business retention, and business enhancement strategies within the CRA Redevelopment Area and all business districts within the City by performing tasks as provided for in the Economic Development Director Job Description. The Director shall, on a monthly basis, provide a written update to the CRA's Executive Director and the City Manager regarding his/her activities during the prior month; and meet with the City Manager and other department heads on a regular basis in a manner consistent with a City department head, as well as attending all relevant City meetings. 5. Manager Duties and Responsibilities. The duties and responsibilities of the Manager shall be to carry out policies relative to business development, business retention, and business enhancement strategies within the CRA Redevelopment Area and all business districts within the City by performing tasks as directed by the Economic Development Director. The Manager shall, on a monthly basis, provide a written update to the Director regarding his/her activities during the prior month, which will be incorporated into the Director's report to the City Manager and the CRA z Executive Director. The Manager will represent the Director as instructed at internal and external meetings relative to implementing the City economic development strategy and economic development strategies outlined in the CRA Redevelopment Plan. 6. Payment to be made Towards Funding the Economic Development Positions. The CRA and the City acknowledge that the CRA's ability to fund the Economic Development positions is limited to the extent that the Director and Manager provide services with respect to economic development activities within the Community Redevelopment Area. In recognition of the CRA's funding limitations associated with those guidelines, the CRA shall only pay fifty percent (50 %) of the Director's salary and fringe benefits costs per year and fifty percent (50 %) of the Manager's salary and fringe benefits costs per year. Fringe benefits costs shall include employer payroll taxes, health, dental and life /disability insurance; auto and phone allowances; unemployment insurance; travel and training; and retirement. The City shall pay to the CRA fifty percent (50 %) of the Director's salary and benefits per year and fifty percent (50 %) of the Manager's salary and benefits per year. The Director and the Manager shall document the percentage of time spent on CRA and City related activities by means of regular time sheets. The monies shall be accrued at the start of each quarter and payable in quarterly pro rata increments in arrears. The Director's salary shall not exceed Ninety Thousand Dollars ($90,000.00) per year and the Manager's salary shall not exceed Seventy Thousand Dollars ($70,000.00) per year. The CRA and the City agree to meet on a regular basis to ensure that the funding of the positions is properly shared by the CRA and the City in proportion to the duties and responsibilities as they relate to economic development within the Community Redevelopment Area and the City as a whole. 7. Term of Agreement. This Agreement shall be for a two (2) year period, which shall retroactively commence on October 1, 2013. The funding provided pursuant to this Agreement is subject to the respective budget restrictions and approvals by the CRA and the City. The Agreement may be extended for one (1) year periods if approved by the City and the CRA through the execution of a written amendment to this Agreement. 8. Recording. This Agreement shall be filed pursuant to the requirements of Section 163.01 (1 1) of the Florida Statutes. 9. Entire Agreement. No prior or present agreements or representation with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 10. Severability. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 3 11. Governing Laws, Venue. This Agreement shall be governed by and in accordance with the laws of the State of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 12. Assignability. Neither the City nor the CRA shall assign or transfer any rights or interest in this Agreement. 13. Validity of Agreement. This Agreement shall not be valid until signed by the Mayor of the City of Delray Beach and the City Clerk and the Chair of the CRA. ATTEST: City Clerk Approved as to Form: CITY OF DELRAY BEACH, FLORIDA Cary Glickstein, Mayor City Attorney ATTEST: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Im Print Name: 1_D -rD J Howard Lewis, Chair STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 20_, by , as corporation (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 He/She is personally known to me or has produced (type of identification) as identification, Notary Public — State of Florida 4 MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Victor Majteyni, Interim Director of Environmental Services THROUGH: Louie Chapman, Jr., City Manager DATE: October 8, 2013 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 INTERLOCAL AGREEMENT /CRA/FUNDING OF THE DOWNTOWN ROUNDABOUT TROLLEY SERVICE ITEM BEFORE COMMISSION This item before Commission is to approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) for funding the Downtown Roundabout Trolley Service. BACKGROUND The Downtown Roundabout has been providing direct transportation services between Tri Rail and the beach through the downtown core area via Atlantic Avenue since 2007. Since the inception of the project, the CRA has partnered with the City to provide matching grant funding from the Florida Department of Transportation (FDOT). In 2012, an opportunity arose to replace the mini shuttle buses with Trolley style vehicles. The CRA matched a $100,000 grant from FDOT and contributed an additional $250,000 to purchase three (3) trolleys. The agreement dedicating funding up to $300,000 is required to match an additional $375,000 grant from the FDOT, augmented by the South Florida Regional Transportation Authority (SFRTA) grant in the amount of $75,000 for fiscal year 2014. In summary, the interlocal agreement dedicates an amount not to exceed $300,000, commencing October 1, 2013, renewing annually, contingent upon the City continuing to provide the service and approval by the CRA Board of Commissioners including the funding in its annual budget. REVIEW BY OTHERS City Attorney RECOMMENDATION Staff recommends approval of the Interlocal Agreement with the CRA for funding of the Downtown Roundabout Trolley Service as stipulated. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF TROLLEY SERVICE THIS AGREEMENT is made this day of , 2013 by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation, (hereinafter referred to as "CITY "), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a Florida public agency created pursuant to Chapter 163, Florida Statutes, (hereinafter referred to as the "CRA") WITNESSETH: WHEREAS, the CITY has entered into a contract for trolley service to be provided in the downtown area of the CITY; and WHEREAS; the CRA recognizes the importance of an in -town trolley system to serve Tri -Rail, the downtown and the beach, and has included in the CRA Plan the "Downtown Transit System" as a program that will receive funding from the CRA; and WHEREAS, the CRA and the CITY find that this Interlocal Agreement is consistent with the provisions of Chapter 163, Florida Statutes, the CRA's Redevelopment Plan, and serves a municipal and public purpose. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA agrees to pay the CITY an amount not to exceed Three hundred thousand and 001100 Dollars ($300,000.00) for the operation of the trolley service in the downtown area of the CITY. The CRA shall pay the funds to the CITY on a quarterly basis, no later than fifteen (15) days after receipt of the quarterly reports provided by the CITY pursuant to this Agreement. The amount of each quarterly payment shall be an amount equal to fifty percent (50 %) of the CITY's actual expenses to operate the trolley service for the respective quarter. 3. The term of this Agreement shall commence October 1, 2013 and terminate on September 30, 2014. However, this Agreement shall automatically renew on an annual basis provided that funding for the trolley service is set forth in the CITY and CRA budgets, and those budgets are approved. Either party may cancel the Agreement if it provides written notice to the other party, at least 60 days prior to renewal, of its intent to cancel this Agreement. 4. The CITY shall provide the CRA with a quarterly report no later than January 30", April 30"', July 305, and October 305t for each year that this Agreement is in effect. The quarterly report shall provide detail regarding the CITY's expenses incurred with respect to the operation of the trolley service, as well as ridership information for each route, including ridership per day, per route. 5. CITY shall insure that all publicity, public relations, advertisements and signs, related to the trolley service, including all signs placed on the exterior of the trolleys, recognize the CRA for the support of the trolley service. The use of the CRA logo is permissible, but all signs or other advertising materials used to publicize CRA funded activities must be approved by the CRA prior to being utilized. Upon request by the CRA, shall provide proof of the use of the CRA logo as required by this paragraph. 6. The CITY shall require the contractor that provides trolley service, pursuant to an agreement with the CITY, to provide a certificate of insurance evidencing the insurance coverages required by the CITY in the agreement with the contractor. The certificate of insurance shall specifically name the CRA as an additional insured under the insurance policies 2 required pursuant to the contractor's agreement. A copy of the certificate of insurance shall be provided to the CRA. Nothing herein shall constitute a waiver of the CITY's or CRA's sovereign immunity, or consent to the imposition of any liability in excess of the statutory limitations as provided in Section 768.28, Florida Statutes. 7. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 8. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 9. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 10. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 11. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 12, This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: CITY OF DELRAY BEACH, FLORIDA IN City Clerk Approved as to Form: City Attorney Cary Glickstein, Mayor ATTEST: COMMUNITY REDEVELOPMENT AGENCY 3 By: Howard Lewis., Chair Print Name � �4Kf& STATE OF FLORIDA COUNTY OF PALM BEACH The fgregoing 2013, by Vt Cox i LeLAJ) agent, title of officer or agent), acknowledging), a corporation. He /She is Kristyn Cox 11 COMWIZON IEE859793 s' W' EXPIRES: MAR, 23,2017 WWWW.AA1t0NN0TARY.com (SEAL) was acknowledged before me this J�Iday of , 5 as Yl— (name of o ficer or of rte( C9-6- (name of corporation (state or place o incorporation) corporation, on behalf of the personally _known to me _ or has produced (type of identification) as identification. Noiar Public — tate of Vorida HAl GpV CLIENTSIDBCRA 6551060018 DBCRAUGMT 201311nterlocal Agt City -CRA Shuttle Services FYI 3-14- final.doc V MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: October 8, 2013 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 INTERLOCAL AGREEMENT/ CRA/ NEIGHBORHOOD PLANNER POSITION ITEM BEFORE COMMISSION Request for approval of the Interlocal Agreement between the City of Delray Beach and Delray Beach Community Redevelopment Agency for the fifty percent (50 %) contribution of the funding for the Neighborhood Planner position. BACKGROUND Since 2008, the Community Redevelopment Agency (CRA) and Neighborhood Services Division have assisted one another in leveraging, providing and obtaining services within the CRA target area. The CRA will contribute fifty percent (50 %) of the actual cost of the Neighborhood Planner position. The Neighborhood Planner plans, organizes and manages activities in the Neighborhood Resource Center, works with neighborhood associations in the CRA's district to promote improved living conditions, makes presentations, prepare reports and acts as a liaison between the CRA and the neighborhood groups as needed. The term of this Agreements shall commence on October 1, 2013 and terminate on September 30, 2014. However, it shall automatically renew on an annual basis provided that funding for the position is set forth in the City and CRA budgets and those budgets are approved. RECOMMENDATION Staff recommends approval of the Interlocal Agreement between City and CRA for the fifty percent (50 %) contribution of the funding for the Neighborhood Planner position. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF A NEIGHBORHOOD PLANNER POSITION THIS AGREEMENT is made this day of , 2013 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY "), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA "). WITNESSETH: WHEREAS, the CRA shall contribute fifty percent (50 %) of the funding of a neighborhood planner position assigned to the Neighborhood Resource Center; and WHEREAS, the both parties desire to assist one another in providing and obtaining the services as more specifically set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The neighborhood planner shall be assigned to plan, organize and manage activities in the Neighborhood Resource Center, work with neighborhood associations in the CRA's district to promote improved living conditions, to make presentations and prepare reports, and to act as a liaison between the CRA and the neighborhood groups as needed. 3. The term of this Agreement shall commence October 1, 2013 and terminate on September 30, 2014. However, it shall automatically renew on an annual basis provided that funding for the position is set forth in the CITY and CRA budgets, and those budgets are approved. Either party may cancel the agreement if it provides written notice to the other party, at least 30 days prior to renewal, of its intent to cancel this Agreement. 4. The CRA shall pay fifty percent (50 %) of the actual cost of the Neighborhood Planner position. The CRA shall pay its share of the cost of the Neighborhood Planner position to the CITY in quarterly installments, commencing on January 31St, following receipt of the first quarterly report. The remaining installments shall be paid on or before April 30th, July 31st, and October 31st, following receipt of the respective quarterly reports. 5. The CITY shall provide the CRA with a quarterly report documenting the CITY's expenditures related to the Neighborhood Planner Position, including salary and benefits paid to the Neighborhood Planner. The quarterly report shall detail the Neighborhood Planner's activities, including community meetings attended, workshops conducted, informational materials produced, and hours of work. The quarterly report shall be provided to the CRA Executive Director no later than thirty (30) days after the end of each quarter. The end of each quarter is as follows: First Quarter (December 315), Second Quarter (March 31S), Third Quarter (June 30th), Fourth Quarter (September 30th). In the event the CITY fails to provide the required reports, the CRA will have the discretion to withhold payment of any funds until receipt of the report. 6. No later than May 30th of each year during the term of this Agreement, the CITY shall provide notice to the CRA of the amount of additional funds that will be necessary for the CRA to pay to the CITY for the following 2 fiscal year to fund the position. Following receipt of the notice from the CITY, the CRA's Executive Director shall advise the CITY whether the CRA will fund the Neighborhood Planner position in the CRA's budget for the following year, or terminate the Agreement. 6. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 7. No prior or present agreements or representation with regard to any subject mater contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. S. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 9. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 10. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 11. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA No 3 Cary Glickstein, Mayor Approved as to Form: City Attorney ATTEST: Diane Colonna, Executive Director STATE OF FLORIDA COUNTY OF PALM BEACH COMMUNITY REDEVELOPMENT AGENCY By: Howard Lewis, Chair The oregoing instrument was acknowledged before me this � y day of -q_ , 2013, by Howard Lewis, Chair of the Delray Beach Community Redevelopment Agency, on behalf of the Delray Beach Community Redevelopment Agency He/She is �ers`onally known to me or has produced (type of identification) as identification. >» Kristyn Cox �, ~�T P�,'_CO}dhk15510N # �.E 859793 _ ExplRES: MAR. 23,2417 '�'oFGV www.AARONNOTARY=m No ary ublic State of Florida � ► ►IIHIt� DNT :dnt H:1_GOV CLIENTSOBCRA 655/060018 DBCRAWGMT 20131DRAFT ILA Neighborhood Planner 13- 14.doc 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Environmental Services Director Randal L. Krejcarek, P.E., LEED AP, GISP THROUGH: Louie Chapman, Jr., City Manager DATE: October 8, 2013 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 INTERLOCAL AGREEMENT/ CRA/ IN-HOUSE PROJECT MANAGER SERVICES POSITION ITEM BEFORE COMMISSION This item is before the Commission to approve an interlocal agreement between the City and Community Redevelopment Agency (CRA) for funding of the In -House Project Manager Position. BACKGROUND On September 26, 2013, the CRA Board approved the attached interlocal agreement in which the CRA will provide 100% of the actual FY 2013 -2014 cost of the in -house Project Manager position up to a maximum amount of nighty -one thousand seven hundred and fifty dollars ($91,750). Multiple projects in the City's Capital Improvement Program are funded 100% or in part by the CRA. These projects are all located within the CRA district and contain elements from the Downtown Master Plan, Southwest Area Neighborhood Plan, Osceola Park Neighborhood Plan, North Federal Highway Redevelopment Plan, as well as plans for other areas in the CRA District. The term of this agreement is from October 1, 2013 to September 30, 2014. REVIEW BY OTHERS City Attorney RECOMMENDATION Staff recommends approval of the Interlocal Agreement. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR IN -HOUSE MANAGEMENT SERVICES THIS AGREEMENT is made this day of , 2013 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY "), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA ") WITNESSETH: WHEREAS, the CITY °s Comprehensive Plan requires the preparation of redevelopment plans for locations within the city limits which are also located within the CRA `s boundaries; and WHEREAS, the CITY and the CRA will benefit from the services of a project manager in the CITY's engineering department; and WHEREAS, both parties desire to assist one another in providing and obtaining the services as more specifically set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CITY will provide the following services: A. The CITY shall provide project management services to the CRA relating to the project management of certain projects located in the CRA district that include, but are not limited to, the Downtown Master Plan, Southwest Area Neighborhood Plan, Osceola Park Neighborhood Plan, North Federal Highway Redevelopment Plan, as well as plans for other areas within the CRA District. B. The CITY shall provide for the shared use of the services of a Project Manager. 3. The CRA shall provide the following: A. Prior reasonable notice to the CITY of service requests; B. Reproduction of all final plans at its own cost; C. All information that the CITY requests from the CRA that the CITY determines it needs to carry out the service to be provided by the CITY. 4. The term of this Agreement shall commence October 1, 2013 and terminate on September 30, 2014. However, it shall automatically renew on an annual basis provided that funding for the position is set forth in the CITY and CRA budgets, and those budgets are approved. Either party may cancel the agreement if it provides written notice to the other party, at least 30 days prior to renewal, of its intent to cancel the agreement. 5. The CRA shall pay one hundred percent (100°/x) of the actual cost of the In House Project Manager position. The CRA shall pay its share of the cost of the In House Project Manager position to the CITY in quarterly installments, no later than fifteen (15) days following receipt of the documentation as required by this Agreement. The CRA has the right to withhold the quarterly payment after receipt of documentation from the CITY until the CRA receives all additional information from the CITY that the CRA deems necessary to analyze the performance of the In House Project Manager. WJ 6. The CITY shall provide the CRA with a quarterly report documenting the CITY's expenditures related to the In House Project Manager position, including salary and benefits paid to the In House Project Manager. The quarterly report shall detail the In House Project Manager's activities, and hours of work. The quarterly report shall be provided to the CRA's Executive Director no later than December 31st, March 31st, June 30th, and September 30th. In the event the CITY fails to provide the required reports, the CRA will have the discretion to withhold payment of any funds until receipt of the report. In addition, the CRA may request that the CITY provide any additional information that the CRA deems necessary in order to fully evaluate the In House Project Manager's performance. 7. No later than May 30th of each year during the term of this Agreement, the CITY shall provide notice to the CRA of the amount of additional funds that will be necessary for the CRA to pay to the CITY for the following fiscal year to fund the position. Following receipt of the notice from the CITY, the CRA's Executive Director shall advise the CITY whether the CRA will fund the In House Project Manager position in the CRA's budget for the following year, or terminate the Agreement. 8. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 9. No prior or present agreements or representation with regard to any subject mater contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 3 10. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 11. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 12. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 12. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: City Clerk Approved as to Form: City Attorney CITY OF DELRAY BEACH, FLORIDA Bv: Cary Glickstein, Mayor �TTEST`�, COMMUNITY REDEVELOPMENT AGENCY By:: D a e Colonna, Executive Director Howard Lewis, Chair (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowiedM'i before me this 0 day of v , 2013, by VA cswo A S , as tr (name of officer or agent, title of officer or agent), of D,J(M B-1i CY--k (name of corporation acknowledging), a .on (state or pl ce of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced (type of identification) as identification. Kristyn Cox K j;_CAWSSION#EE859793 ofvEMAR. 22017 WWW.A RO NNOTARY,con Nota ublic State o Florida HA_GOV CLIENTSIDBCRA 655/060018 DBCRAIAGNIT 2013VLA with City In -house Project Management.doc 5 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: October 8, 2013 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 INTERLOCAL AGREEMENT/ CRA/ HOUSING REHABILITATION INSPECTOR POSITION ITEM BEFORE COMMISSION The item before Commission is to approve the Interlocal Agreement between the City of Delray Beach (City) and Delray Beach Community Redevelopment Agency (CRA) for the fifty percent (50 %) contribution of the funding for the Housing Rehabilitation Inspector position. BACKGROUND The City and the CRA fund various housing rehabilitation programs to address the elimination of slum and blight conditions within the City's Community Redevelopment Area. In order to insure timely and professional services related to the review of plans and bids for specific housing rehabilitation projects, it is necessary to employ a Housing Rehab Inspector, within the City's Neighborhood Services Division. This agreement benefits both the CRA and the City in allowing the Housing Rehabilitation Program participants to receive more efficient and professional service that furthers the CRA's Redevelopment Plan, and serves both a municipal and public purpose. The CRA will pay fifty percent (50 %) of the actual cost of the Housing Rehab Inspector position up to an amount not to exceed Thirty -Five Thousand Eight Hundred Ten and 00 /100 Dollars ($35,810.00) for the services provided by the Housing Rehab Inspector. The term of this Agreement shall commence on October 1, 2013 and terminate on September 30, 2014. However, it shall automatically renew on an annual basis provided that funding for the position is set forth in the City and CRA budgets and those budgets are approved. REVIEW BY OTHERS City Attorney Finance RECOMMENDATION Staff requests approval of the Interlocal Agreement between the City and CRA for the fifty percent (50 %) contribution of the funding for the Housing Rehab Inspector position. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF A HOUSING REHAB INSPECTOR POSITION THIS AGREEMENT is made this day of , 2013 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY "), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA ") WITNESSETH: WHEREAS, the CITY and the CRA fund various housing rehabilitation programs to address the elimination of slum and blight conditions within the City's Community Redevelopment Area; and WHEREAS, in order to insure timely and professional services related to the review of plans and bids for specific housing rehabilitation projects, it is necessary to employ a Housing Rehab Inspector, within the City's Neighborhood Services Division; and WHEREAS, the CRA and the CITY agree that the CRA's share of the cost to fund the Housing Rehab Inspector position equals 50% of the salary and benefits of the Housing Rehab Inspector position; and WHEREAS, the CRA agrees to fund its share of the salary and benefits of the Housing Rehab Inspector position pursuant to the terms and conditions of this Agreement; and WHEREAS, this funding Agreement will benefit both the CRA and the CITY in allowing the Housing Rehabilitation Program participants to receive more efficient and professional service, will further the CRA's Redevelopment Plan, and serves both a municipal and public purpose. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CITY agrees to insure that the CITY's Housing Rehab Inspector, in addition to his/her regular duties, shall serve as the liaison between the CRA, the CITY, and the Delray Beach Community Land Trust to assist with the CRA's affordable housing objectives, as outlined in the CRA's Redevelopment Plan. 3. The term of this Agreement shall commence October 1, 2013 and terminate on September 30, 2014. However, it shall automatically renew on an annual basis provided that funding for the position is set forth in the CITY and CRA budgets, and those budgets are approved. Either party may cancel the agreement if it provides written notice to the other party, at least 30 days prior to renewal, of its intent to cancel this Agreement. 4. The CRA shall pay fifty percent (50 %) of the actual cost of the Housing Rehab Inspector position. The CRA shall pay its share of the cost of the Housing Rehab Inspector position to the CITY in quarterly installments, commencing on January 31St, following receipt of the first quarterly report. The remaining installments shall be paid on or before January 31St, April 30th, July 31 st, and October 31 st, following receipt of the respective quarterly reports. 2 5. The CITY shall provide the CRA with a quarterly report documenting the CITY's expenditures related to the Housing Rehab Inspector position, including salary and benefits paid to the Housing Rehab Inspector. The quarterly report shall detail the Housing Rehab Inspector's activities, including community meetings attended, workshops conducted, informational materials produced, and hours of work. The quarterly report shall be provided to the CRA Executive Director no later than thirty (30) days after the end of each quarter. The end of each quarter is as follows: First Quarter (December 31S), Second Quarter (March 31S), Third Quarter (June 30th), Fourth Quarter (September 30th) . In the event the CITY fails to provide the required reports, the CRA will have the discretion to withhold payment of any funds until receipt of the report. 6. No later than May 30th of each year during the term of this Agreement, the CITY shall provide notice to the CRA of the amount of additional funds that will be necessary for the CRA to pay to the CITY for the following fiscal year to fund the position. Following receipt of the notice from the CITY, the CRA's Executive Director shall advise the CITY whether the CRA will fund the Housing Rehab Inspector position in the CRA's budget for the following year, or terminate the Agreement. 7. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 8. No prior or present agreements or representation with regard to any subject mater contained within this Agreement shall be binding on any party 3 unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 9. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 10. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 11. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 12. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk Approved as to Form: City Attorney ATTEST: Dane Colonna, Executive Director STATE OF FLORIDA COUNTY OF PALM BEACH In Cary Glickstein, Mayor COMMUNITY REDEVELOPMENT AGENCY By: 4 Howard Lewis, Chair The foregoing instrument was acknowledged before me this W day of , 2013, by Howard Lewis, Chair of the Delray Beach Community Redevelopment Agency, on behalf of the Delray Beach Community Redevelopment Agency He /She is personally known to me or has produced (type of identification) as identification. ��rrrrnyr i' dstyn Cox } �x °•' MONMISSION # EE 859793 EXPIRES: MA�t.z3,2017 Nota Public State of Florida -,.... WWW.AARONNoTARY.com DNT:dnt H:1_GQV CLIENTSOBCRA 655\060018 DBCRAWGMT 2013VLA Housing Rehab Inspector FY13- 14.doc 5 MEMORANDUM TO: Mayor and City Commissioners FROM: David A. Boyd, Director of Finance Rebecca S. O'Connor, Treasurer THROUGH: Louie Chapman, Jr., City Manager DATE: October 9, 2013 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 FINANCIAL ADVISORY SERVICES /PUBLIC FINANCIAL MANAGEMENT (PFM) INC. ITEM BEFORE COMMISSION Authorize a service agreement with Public Financial Management (PFM) to provide government financial advisory services. The financial advisory services agreement will incorporate the Town of Palm Beach's contract dated March 22, 2013 and the Town of Palm Beach's RFP No. 2013 -03 as a cooperative share. BACKGROUND Financial advisory services are needed due to the complexity of a refunding. PFM has a history of providing professional service for the City of Delray Beach at competitive rate and are the Nations' leading provider of independent financial advisory services. PFM has been the Nation's number one ranked financial advisor for 15 years, and the State of Florida's number one provider for the past 12. The firm has an excellent reputation, good access to the capital markets and technical expertise relative to government financing. Finance received a proposal from Public Financial Management to provide financial advisory services with respect to refunding $8,595,000 in City of Delray Beach General Obligation Bonds, Series 2004. Services include handling of a request for proposals (RFP) from banks, financial analysis, review of bond documents, as well as structuring both the bond issue. Based on current rates, the City will realize approximately $800,000 in total net present value savings or $80,000 /year if this opportunity is taken. In order to effectuate this refunding, staff reviewed the Town of Palm Beach's financial advisory services agreement and is recommending cooperative sharing relative to this service in order to go into the market as quick as possible in order to lock in a rate. Pricing for services is on a tiered basis. For value range of bonds (per $1,000) issued ranging from $0 - $25,000,000, the charge is $0.90; next $15,000,000, the charge is $0.70; next $20,000,000, the charge is $.60; amounts over $60,000,000, the maximum fee is $45,000. The minimum fee for a bond issues is $15,000. For a bank loan, the fees are as follows: par value up to $1,000,000, the charge is $5,000; par value up to $3,000,000, the charge is $8,500; and for a par value over $5,000,000 the charge is $12,500 minimum and $25,000 maximum. The fee for the proposed refunding will be approximately $15,000 - $17,000. The City's contract is for a three (3) year period with one three (3) year option upon further Commission approval. The contract, however, may be terminated with cause upon notification and without cause within 30 days of written notice. REVIEW BY OTHERS City Attorney FUNDING SOURCE The cost of the financial advisory services will be bonded and amortized over the term of each financing. RECOMMENDATION Recommend approval of a financial advisory services agreement with Public Financial Management. STANDARD FORM OF AGREEMENT BETWEEN CITY AND VENDOR THIS AGREEMENT made this day of , 20_7 by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Public Financial Management, Inc. (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) EXHIBIT Standard Form of Agreement Contract /Bid Documents (other agency) A Corporate Acknowledgment B Certificate C Insurance Requirements D CONTRACT DOCUMENTS (cont'd) EXHIBIT Sample Insurance Form E Drug Free Work Place Certification F Indemnity Hold Harmless G Public Records Policy H 4. The term of this contract shall commence upon execution of this agreement by both parties and shall continue for a period of three years and may continue for another three year period upon further Commission approval. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1 st Avenue Delray Beach, FL 33444 As to VENDOR: Public Financial Management, Inc. _300 South Orange Avenue, Ste. 1170_ _Orlando, FL 32801 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 ($10.00) 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 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 subVENDOR 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. 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 Town and Palm Beach and Public Financial Management, Inc. and that the terms and conditions of that agreement shall govern unless they are in conflict with the terms and conditions of this Agreement, and in that event, the terms and conditions of this Agreement shall govern. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Mayor WITNESS: (Print or type name and title) VENDOR: BY: (Print or type name and title) (SEAL) CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20_, by (name of officer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He /She is (personally known to me) (or has produced identification) and has used his /her identification. Printed or Stamped (type of identification) as Signature of Person Taking Acknowledgment Name of Acknowledger Typed EXHIBIT C CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors of , a corporation under the laws of the State of held on 20_, the following resolution was duly passed and adopted: "RESOLVED ", that , as President of the corporation, he /she is hereby authorized to execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation ". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the corporation this day of , 20_ (Secretary) INSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of $100,000 each accident. 2. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and /or Operations. c) Independent Contractors. d) Products and /or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. Business Auto 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 paragraphs in accordance with which such insurance is being furnished, and shall state that such insurance is required by such paragraphs of this contract. The successful bidder will include the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate ". Attachment I, 1 of 3 Pi- CORD,,, CERTIFICATE OF LIABILITY III SURANGE aaTSia�umDtYYYY) PRODUCER Good Insurance, Inc. P.O. Box A -1 Best City, USA 00000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVE RAGE NAIC9 INSURED Willing Workers Assoc. ABC Drive Anytown, USA 00001 NNEURERA: POUCYEFFECTIVE MSURERS: umm INSURERC: Mu INSURERD: RNBURER E- COVLRAUI ,N OR INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING THE POLICIES ANY REQUIREMENT. TERM oil CONOCITON 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 DF SUCH POLICIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. of O PfILJCY NUNSER POUCYEFFECTIVE FOLiCYELPIPATION umm Mu EACH OCCURRENCE S 500, 000 A GENERALLIA UTY GLP077604 Ol /01 /10 01/01/11 E Q1 : IQ nc IL cOMMEHCIALGENERAL LVJ3ILITY 5•.•^ OLAIMS MADE FlOCCUi PERSONA..SADYINJURY S ' GENERALAGGREGATE S > I GEWLAGGREGATE LILDT APPLIES PEN: PRODUCTS- COMMOPAGG S POLICY PROS LOC AUTOMODILELIA9MXTY COMSINEDSIN=LIMIT iEa'�aa�nl $ "30q;000 A X ANYAUTO ALP077606 01 /01 /10 01/01/11 SOD €LYINJURY 1 ALLLOWNEDAUTK7S SCHEOULEDALWOS (PBfpavaonl BODILY INJURY __._ S HIREOAUTOS - NON OWNEDAUTOS (ParauJderu} PROPERTYAAMAGE S (Peeacdde.aj GARAGE UTABRITY y�BIlIg� - AUTO ONLY= EA ACCMENT II EAACC S ANY AUTO BFI!• ■■�IAMR*ItlA AAA $ AOUUTTOONfLLYY:N AGG EXCESCyUAitIREL1A LIABRITY EACHCCCURRENCE S AGGREGATE S- OCCUR ELXAIMS MADE i _ OEDUCTIDLE S RETtt�NTION S WGSTATU. 7 OTN- YLIIS FR B WORKERS OOMPENUATION AND EYPLOYERS'UAN B W WLP077606 03/01/10 03/01/11 E.LEACHACCADENT $ 100,000 WE E.L. DISEASE- EA EMPLOYEE S 100 1 000 � EAR EICLUUESF 7 E.L. McASE•POLICY LIMIt 1 500,000 8ye,, ��'a�' &FECIAL. PROVISIONS tia7rAv OTHER NESCRwWN OFOPERATIONSN LOCATIONS! VEHIOLESI EXCLUSIONS ADDED SYENDOaS"ENTIBPECIALPRMSIONS THIS INSURANCE APPLICABLE TO (state project) *CITY OF DELRAY BEACH IS ADDITIONAL INSURED - see attached endorsement. CITY OF DELRAY BEACH. SHOULD ANYOF THE ASOYE DESCRIBED POLICIES RE CANCELLED BEFORETHE EXPIRATION DATE THEREOF. THE ISSUING ENSURER WALL ENDEAVOR TO MAIL 30 DAYS WRITTEN 100 .NW 1St AVENUE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFF, SLIT FAILURE TO DO $O SHALL DELRAY BEACH, FL 33444 wpoSE HO OBLIGATION OR LLMULITY OF ANY IOND UPON THE INSURER, ITS AGENTS OR REPRE3ENTAT11MIL AUTHORIZED REPRESENTATIVE ACORD 25 (200itOB) w AL:uRu curcrok I liv TyaD *A:IMk99 ORYa FREE WORKPLACE CERTIFICATION If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid /proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. The drug -free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug -free workplace through implementation of this section. Firm's Name Signature EXHIBIT G INDEMNITYIHOLD HARMLESS AGREEMENT Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there -from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. Contractor's Name Signature *:1:11 =3111i:1 PUBLIC RECORDS POLICY Contractor shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Contractor 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, Fla. Stat. 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 retaining public records and transfer, at no cost, to the City all records in possession of the Contractor 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 t being made to the Contractor. e) If Contractor 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. Contractor's Name Signature AGREEMENT FOR FINANCIAL ADVISORY SERVICES This agreement, made and entered into tWs-?-'L-day of&m , by and between the Town of Palm Beach, Florida ( "Client") and Public'Fi:nancial Management, Inc., (hereinafter called the "Financial Advisor" or "PFM ") sets forth, the terms and conditions under which the Financial Advisor shall provide services. WHEREAS, Client is desirous of obtaining the services of a financial advisor to develop and assist in implementing Client's strategies to meet its current and long -terra operations and capital financing needs and render assistance in respect to debt transactions; and WHEREAS, PFM is capable of providing the necessary financial advisory services. NOW, THEREFORE, in consideration of the above mentioned premises and intending to be legally bound hereby, Client and PFM agree as follows: I. SCOPE OF SERVICES PFM shall provide, upon request of the Client services related to financial planning and policy development and services related to debt issuance, examples of which, not intended to be exclusive, are set forth in Exhibit A to this Agreement. II. WORK, SCHEDULE The services of the Financial Adviser -are to commence as soon as practicable after the execution of this Agreement and a request by the Client for such service. Services which are not related to a particular transaction shall be completed as agreed between. the Client and the Financial Advisor. III. FINANCIAL ADVISORY COMPENSATION For the services described, PFM's professional fees and expenses shall be paid as follows: 1. For services related to financial planning, policy development and financial analysis, PFM shall receive hourly rates as listed below. Fees for support staff are included in the hourly rates for professionals. Services will be billed monthly. Experience Level Hourly Rate Managing Director $180 Director $180 Senior Managing Consultant $180 Senior Analyst $150 Analyst $150 2. For services related to the issuance of Bonds, PFM. will be paid a per bond fee at closing of transaction based on the below schedule. FEE PROPOSAL PER $1,000 UPON SUCCESSFUL CLOSING Par Value Range of Bonds Issued Fee pet $1,004 Up to 25,000,000 $0.90 Next 15,000,000 $0.70 Next 20,000,000 $0.60 Par Value Range of Bonds Issued Max Fee Amounts Over $60,000,000 $45,000 Minimum fee for a successful closing of bonded debt (minimum fees apply until the Fee per $1,000 is greater) is $15,000. Minimum fee for a successful closing of bonded debt issued via Bank Loan or other alternative financing (minimum fees apply until the Fee per $1,000 is greater): Par Value up to $1 million $ 5,000 Par Value up to $3 million $ 8,500 Par Value over $5 million $12,500 min and $25,000 max Note that multiple series within a transaction will be treated as separate transactions to compensate for the added level of complexity. 3. The financial advisory compensation proposed above does not apply to services related to bond proceeds investments, structured investment products, escrow structuring, investment management, or arbitrage rebate. Fees for these special services shall be negotiated as a function of the complexity of the proposed engagement and the specific scope of services outlined. PFM Asset Management, LLC, registered investment advisor, is prepared to offer the Town its full range of structured products, investment management and arbitrage rebate compliance services. This might include the procurement of structured products or other investment securities for a bond construction account or refunding escrow. If needed, these services would be Town of Palm Beach - Agreement for Financial Advisory Services Page 2 performed by PFM Asset Management, LLC pursuant to a separately negotiated letter agreement. PFM Asset Management, LLC fully discloses all fees related to any transaction. 4. Reimbursable Expenses In addition to fees for services, PFM will be reimbursed for necessary, reasonable, and documented out -of- pocket expenses incurred, including travel, meals, lodging telephone, mail, and other ordinary cost and any actual extraordinary cost for graphics, printing, data processing and computer time which are incurred by PFM. Appropriate documentation will be provided. IV. STANDARD OF CARE PFM shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional Financial Advisor, under similar circumstances and Financial Advisor shall, at no additional cost to the Town, re- perform services which fail to satisfy the foregoing standard of care. V. TERMS AND TERMINATION This agreement shall remain in effect unless canceled in writing by either party upon thirty t30) days written notice to the other party. VI. NON- ASSIGNABILITY PFM shall not assign any interest in this Agreement or subcontract any of the work performed under the Agreement without the prior written consent of the Client. VII. INFORMATION TO BE FURNISHED TO THE FINANCIAL ADVISOR All information, data, reports, and records in the possession of the Client necessary for carrying out the work to be performed under this Agreement shall be furnished to the Financial Advisor and the Client shall cooperate with the Financial Advisor in all reasonable ways. VIII. NOTICES All notices given under this Agreement shall be in writing, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the designated below. The parties designate the following as the respective places for giving notice, to -wit: Town of Palm Beach - Agreement for Financial Advisory Services Page 3 TOWN OF PALM BEACH Attn: Jane Struder, Finance Director 360 South County Road Palm Beach, FL 33480 PUBLIC FINANCIAL MANAGEMENT, INC. 300 South Orange Avenue Suite 1170 Orlando, Florida 32801 Attention: Managing Director IX. TITLE TRANSFER All materials prepared by PFM pursuant exclusively to this Agreement shall be the property of the Client. Upon termination of this Agreement, Financial Advisor shall deliver to the Client copies of any and all material pertaining to this Agreement. X. FINANCIAL ADVISOR'S REPRESENTATIVES 1, Assignment of Named Individuals The professional employees of PFM set forth in Exhibit B shall provide the services set forth in this Agreement: PFM shall, from time to time, amend team members: 2. Changes in Staff Requested by the Client The Client has the right to request, for any reason, PFM to replace any member of the advisory staff. Should the Client make such a request, PFM shall promptly suggest a substitute for approval by the Client. XI. INSURANCE PFM shall maintain insurance coverage with policy limits not less than as stated in Exhibit C. XIL INDEPENDENT CONTRACTOR The Financial Advisor, its employees, officers and representatives at all times shall be independent contractors and shall not be deemed to be employees, agents, partners, servants and /or joint venturers of Client by virtue of this Agreement or any actions or services rendered under this Agreement. Town of Palm Beach - Agreement for Financial Advisory Services Page 4 XIII. TERMINATION OF AGREEMENT The obligation to continue services under this Agreement may be terminated for cause by either party upon seven (7) days written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. TOWN shall have the right to terminate this Agreement or suspend performance thereof without cause for the TOWN's convenience upon thirty (30) days written notice to FINANCIAL ADVISOR, and FINANCIAL ADVISOR shall terminate or suspend performance of services on a schedule acceptable to TOWN or at the end of this thirty (30) day period, at the option of the TOWN. In the event of termination or suspension for TOWN's convenience, TOWN shall pay FINANCIAL .ADVISOR for all services performed through the date of notice of termination or suspension. XIV. NONDISCLOSURE OF PROPRIETARY INFORMATION FINANCIAL ADVISOR shall consider all information provided by TOWN and all reports, studies, calculations, and other documentation resulting from the FINANCIAL ADVISOR's performance of the Services to be proprietary unless such information is available from public sources or is a public record under Florida law. FINANCIAL ADVISOR shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of TOWN or in response to legal process. XV. UNCONTROLLABLE FORCES Neither the TOWN nor FINANCIAL ADVISOR shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non - performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non - performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, Acts of God and governmental actions. Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable and which the non - performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non - performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the `.Town of Palm Beach - Agreement for Financial Advisory Services Page 5 other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. XVI. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm. Beach County and the Agreement will be interpreted according to the laws of Florida. XVII. MISCELLANEOUS 1. Nonwaiver A waiver by either TOWN or FINANCIAL ADVISOR of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing and duly signed by both parties to this agreement. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 2. Severability The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void or voidable, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement Any void or voidable provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being held void should a provision which is of the essence of the Agreement be determined to be void by a court of competent jurisdiction. 3. Political Campaigns During the term of this Agreement, the FINANCIAL ADVISOR or any employee or associate, shall not be involved in any political campaign for Town elective office nor make financial contribution to any such campaign.. Town of Palm Beach - Agreement for Financial Advisory Services Page 6 XVIII. ENTIRE AGREEMENT This Agreement represents the entire agreement between Town of Palm Beach and PFM and may not be amended. or modified except in writing .signed by both parties. IN WITNESS THEREOF, the Town of Palm Beach and Financial. Advisory have executed this Agreement as of the day and year herein above written. ATTEST: TOWN OF PALM BENCH Approve s to legal form and sui f i By (Witness) Name:, Title Ilht C. la olph, Town Attorney � x �„ DATE:' 1 ATTES UBLIC FINANCIAL. MANAGEMENT, INC. 1v--os BY, ol Jagies W. Mover, Managing Director DATE: Febzua 26-2013 ......... Town of Palm Beach Agreement for Financial A dvisory Services Page 7 EXHIBIT A 1. Services related to the Financial Planning and Policy Development upon request of the Town of Palm Beach: Assist the Client in the formulation of Financial and Debt Policies and Administrative Procedures. Review current debt structure, identifying strengths and weaknesses of structure so that future debt issues can be designed to maximize ability to finance future capital needs. This will include, but not be limited to, reviewing existing debt for the possibility of refunding that debt to provide the Client with savings. Analyze future debt capacity to determine the Client's ability to raise future debt capital. Assist the Client in the development of the Client's Capital Improvement program by identifying sources of capital funding for infrastructure needs. Assist the Client with the development of the Client's Financial Plan by assessing capital needs, identifying potential revenue sources, analyze financing alternatives such as pay -as- you -go, lease/ purchasing, short -term vs. long -term financings, assessments, user fees, impact fees, developer contributions, public /private projects, and grants and provide analysis of each alternative as required as to the budgetary and financial impact. Review the reports of accountants, independent engineers and other project feasibility consultants to ensure that such studies adequately address technical, economic, and financial risk factors affecting the marketability of any proposed revenue debt issues; provide bond market assumptions necessary for financial projections included in these studies; attend all relevant working sessions regarding the preparations, review and completion of such independent studies; and provide written comments and recommendations regarding assumptions, analytic methods, and conclusions contained therein. • Develop, manage and maintain computer models for long -term capital planning which provide for inputs Town of Palm Beach - Agreement for Financial Advisory Services Page 8 regarding levels of ad valorem and non -ad valorem taxation, growth rates by operating revenue and expenditure item, timing, magnitude and cost of debt issuance, and project operating and capital balances, selected operating and debt ratios and other financial performance measures as may be determined by the Client. • Provide debt services schedules reflecting varying interest rates, issue sizes, and maturity structures as these are needed for feasibility consultants or for related Client fiscal planning; and • Attend meetings with Client's staff, consultants and other professionals and the Client. • Review underwriter's proposals and submit a written analysis of same to the Client. • Undertake any and all other financial planning and policy development assignments made by the Client regarding bond and other financings, and financial policy including budget, tax, cash management issues and related fiscal policy and programs. • Assist the Client in preparing financial presentations for public hearings and/ or referendums. • Provide special financial services as requested by the Client. 2. Services Related to Debt Transactions (Includes short term financings, notes, loans, letters of credit, line of credit and bonds). Upon the request of the Client. Analyze financial and economic factors to determine if the issuance of bonds is appropriate. Develop a financing plan in concert with Client's staff which would include recommendations as to the timing and number of series of bonds to be issued. Assist the. Client by recommending the best method of sale, either as a negotiated sale, private placement or a public sale. In a public sale, make recommendation as to the determination of the best bid. In the event of a negotiated sale, assist in the solicitation, review and Town of Palm Beach - Agreement for Financial Advisory Services Page 9 evaluation of any investment banking proposals, and provide advice and information necessary to aid in such selection. • Advise as to the various financing alternatives available to the Client. • Develop alternatives related to debt transaction including evaluation of revenues available, maturity schedule and cash flow requirements. • Evaluate benefits of bond insurance and /or security insurance for debt reserve fund. • If appropriate, develop credit rating presentation and coordinate with the Client the overall presentation to rating agencies. • Assist the Client in the procurement of other services relating to debt issuance such as printing, paying agent, registrar, etc. • Identify key bond covenant features and advise as to the financial consequences of provisions to be included in bond resolutions regarding security, creation of reserve funds, flow of funds, redemption provisions, additional parity debt tests, etc.; review and comment on successive drafts of bond resolutions. Review the requirements and submit analysis to bond insurers, rating agencies and other professionals as they pertain to the Client's obligation. • Review the terms, conditions and structure of any proposed debt offering undertaken by the Client and provide suggestions, modifications and enhancements where appropriate and necessary to reflect the constraints or current financial policy and fiscal capability. Coordinate with Client's staff and other advisors as respects the furnishing of data for offering documents, it being specifically understood that Financial Advisor is not responsible for the inclusion or omission of any material in published offering documents. Town of Palm Beach - Agreement for Financial Advisory Services Page 10 Provide regular updates of tax - exempt bond market conditions and advise the Client as to the most advantageous timing for issuing its debt. Advise the Client on the condition of the bond market at the time of sale, including volume, timing considerations, competing offerings, and general economic considerations. Assist and advise the Client in negotiations with investment banking groups regarding fees, pricing of the bonds and final terms of any security offering, and make in writing definitive recommendations regarding a proposed offering to obtain the most favorable financial terms based on existing market conditions. • Arrange for the closing of the transaction including, but not limited, to bond printing, signing and final delivery of the bonds. If the transaction is competitive, the services of the financial advisor will be modified to reflect that process. 3. Special Services. Upon request of the Client: PFM may provide other services which shall include, but not be limited to, the following: 1. Impact fee financial analysis 2. Grantsmanship 3. Rate analysis 4. Management analysis 5. Referendum assistance 6. Legislative initiatives 7. Project assessment analysis 8. Implementation of revenue enhancement programs 9. Arbitrage and rebate services 10. Financial analysis of projects being developed by engineer/ architect studies 11. Negotiate on behalf of the Client for proposed projects 12. Services for acquisition of Private Utility Town of Palm Beach - Agreement for Financial Advisory Services Page 11 EXHIBIT B Professional Employees David Moore, Managing Director Jay Glover, Managing Director Sergio Masvidal, Director Jeremy Niedfeldt, Senior Managing Consultant Nicklas Rocca, Senior Analyst Laura Howe, Senior Analysts Pedro Varona, Analyst Town of Palm Beach - Agreement for Financial Advisory Services Page 12 EXHIBIT C The CONSULTANT shall not commence worn under this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the TOWN. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The CONSULTANT shall furnish Certificates of Insurance to the TOWN'S representative. The Certificates shall clearly indicate that the CONSULTANT has obtained insurance of the type, amount, and classification as required for strict compliance with this Agreement and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the TOWN'S representative. Compliance: with the foregoing requirements shall not relieve the CONSULTANT of their liability and obligations under this Agreement. CONSULTANT shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Contract, insurance coverages, limits, including endorsements, as described herein. The requirements contained herein, as well as TOWN'S review or acceptance of insurance maintained by CONSULTANT are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by CONSULTANT under the contract. I. PROFESSIONAL LIABILITY CONSULTANT shall agree to maintain Professional Liability or equivalent Errors & Omissions Liability at a limit of liability not less than $1,000,000 Per Occurrence. When a self - insured retention (SIR) or deductible exceeds $25,000 the TOWN reserves the right, but not the obligation, to review and request a copy of CONSULTANT'S most recent annual report or audited financial statement. For policies written on a "Claims- Made" basis, CONSULTANT warrants the Retroactive Date equals or precedes the effective date of this contract {Certfffcate of Insurance shaLf specfy Retro date- Full prior acts coyemye applies). In the event the policy is canceled, non - renewed, switched to an Occurrence Form, retroactive date advanced; or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERF) during the life of this Contract, CONSULTANT shall agree to purchase a SERF with a minimum reporting period not less than three (3) years. CONSULTANT shall agree this coverage shall be provided on a primary basis. The Certificate of Insurance must indicate whether coverage is written on an occurrence or claims -made basis and must indicate the amount of any SIR or deductible. Torn of Palm Beach - Agreement for Financial Advisory Services Page 13 II. COMMERCIAL GENERAL LIABILITY, AUTOMOBILE LIABILITY AND WORKERS' COMPENSATION CONSULTANT shall agree to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence. CONSULTANT shall agree to maintain Business Automobile Liability at a limit of liability not less than $1,000,000 Each Occurrence for all owned, non- owned and hired automobiles. In the event CONSULTANT does not own any automobiles, the Business Auto Liability requirement shall be amended allowing CONSULTANT to agree to maintain only Hired & Non -Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate .Business Auto coverage form. CONSULTANT shall agree this coverage shall be provided on a primary basis. CONSULTANT shall agree to maintain during the life of this Agreement, Workers' Compensation Insurance and Employer's Liability in accordance with Florida Statute Chapter 440. CONSULTANT shall agree this coverage shall be provided on a primary basis. III. UMBRELLA, OR EXCESS LIABILITY If necessary, CONSULTANT may satisfy the minimum limits required above for Commercial General Liability, Business Auto Liability, or Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest "Each Occurrence" limit for Commercial General Liability, Business Auto Liability, or Employees Liability. The TOWN shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a "Follow -Form" basis. IV. ADDITIONAL INSURED CONSULTANT shall agree to endorse the TOWN as an Additional Insured to the Commercial General Liability, The Additional Insured endorsement shall read "Town of Palm Beach Includin g Police De artment all Officers Em to ees Elected and Appointed Committees and Commissions ", (Project ). CONSULTANT shall agree the Additional Insured endorsements provide coverage on a primary basis. V. WAIVER OF SUBROGATION CONSULTANT shall agree, by entering into this Contract, to a Waiver of Subrogation for each required policy. When required by the insurer, or should a policy condition not permit an Insured to enter into an pre -loss agreement to Town of Palm Beach - Agreement for Financial Advisory Services Page 14 waive subrogation without an endorsement, then CONSULTANT shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, in which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONSULTANT enter into such an agreement on a pre -loss basis. VI. CERTIFICATE OF INSURANCE Immediately following notification of the award of this Agreement, CONSULTANT shall agree to deliver to the TOWN a Certificate(s) of Insurance evidencing that all types and amounts of insurance coverages required by this Agreement have been obtained and are in full force and effect. Such Certificatc(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage. VII. RIGHT TO REVIEW TOWN, by and through its Risk Management Office, in cooperation with the contracting /hiring department, reserves the right to review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the life of this Contract. TOWN reserves the right, but not the obligation, to review and reject any insurer providing coverage because of it =s poor financial condition or failure to operate legally. The CONSULTANT shall indemnify, hold harmless and defend the TOWN, its officers, agents, servants, and employees from and against any and all claims, liability, damages, losses, and /or causes of action including reasonable attorneys' fees, which may arise from any breach of contract or any negligent act, error or omission of the CONSULTANT, its officers, employees, agents, sub - consultants, or anyone acting under their authority and control in the performance of this Contract. The indemnity obligations of this agreement shall not apply to damages or injuries to the extent caused by the negligence or willful misconduct of TOWN, its officers, employees, agents, or third parties. Town of Patin Beach - Agreement for Financial Advisory Services Page 15 O'Connor, Rebecca From: JSkittone @TownofPalmBeach.com Sent: Tuesday, August 27, 2013 2:49 PM To: O'Connor, Rebecca Subject: Re: FW: Financial Advisory Contract You may use our contract if it suits your needs. Jane Struder, CPA Finance Director Town of Palm Beach 360 South County Road Palm Beach, Florida 33480 (561 )835 -4724 (561)838-5417 Fax "O'Connor, Rebecca" -- -08/2712013 02:44:06 PM - - -Hi Jane, PFM has authorized use of their contract with Town of Palm Beach. Could you please confirm From: "O'Connor, Rebecca" <Oconnor(aDmydelraybeach.com> To: " JSkittone (cb_TownofPalmBeach.com" <JSkittoneaTownofPalmBeach.com> Date: 08/27/2013 02:44 PM Subject: FW: Financial Advisory Contract i Jane, PFM has authorized use of their contract with Town of Palm Beach. Could you please confirm that it is ok at your end? Thanks! Rebecca S. O'Connor Treasurer City of Delray Beach 561 -243 -7120 From: Jay Glover [mailto:GLOVERJ @pfm.com] Sent: Tuesday, August 27, 2013 2:23 PM To: O'Connor, Rebecca Subject: Financial Advisory Contract PFM authorizes the City of Delray Beach to piggyback off of the financial advisory contract between PFM and the Town of Palm Beach. Jay Glover Managing Director Public Financial Management 300 South Orange Ave Suite 1170 Orlando, FL 32801 (407) 4€16 -5760 direct line (407) 648 -2208 main line (407) 648 -1323 fax 1 WHEREAS, 2013 marks a significant historical milestone for the state of Florida as it celebrates the 500th Anniversary of Spanish explorer Juan Ponce de Leon's landing on the coast of Florida in April 1513; and WHEREAS, Ponce de Leon was the first European explorer to document his voyage and bestowed the name La Florida on the new land in honor of the Spanish Feast of the Flowers; and WHEREAS, Florida's history dates back more than 12,000 years to the Native American tribes who preceded the Spanish explorers; and WHEREAS, Ponce de Leon's voyage of discovery began a new era in which native people, Europeans and other nationalities under many different flags formed the foundation that created the state of Florida; and WHEREAS, a countless number of different cultures have contributed to Florida's heritage and continue to live, work and thrive together today; and WHEREAS, the Florida Department of State designated 2013 as Viva Florida 500 to celebrate the legacy of Spanish Florida as well as the achievements of all who have contributed to Florida's dynamic growth, rich diversity and economic prosperity. NOW, THEREFORE, I, CARY GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby designate 2013 as: THE 500TH ANNIVERSARY OF THE EUROPEAN DISCOVERY OF FLORIDA and call upon the residents and visitors to commemorate this milestone and invite them to participate in the many enriching programs and events planned in honor of Viva Florida 500 throughout 2013. 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 151h day of October, 2013. CARY GLICKSTEIN MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: October 8, 2013 SUBJECT: AGENDA ITEM 8.L2 - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 FLORIDA CITY GOVERNMENT WEEK PROCLAMATION ITEM BEFORE COMMISSION The City of Delray Beach has hosted many programs over the past 2 decades to celebrate Florida City Government Week as encouraged by the Florida League of Cities. Over the past several years, the City has engaged Carver Middle School to learn more about the City of Delray Beach and the services it provides to its residents. The Carver students have participated in a mock election and City Commission meeting where they debated the Urban Farming Ordinance. They learned about Water Conservation as part of the City's green initiative and last year, the morning club worked with the Fire Department and helped to stuff 1,000 Vial of Life medical emergency kits. This year we have a wonderful program planned with the Police Department. On Wednesday October 23, 2013, the Police Department will engage the students in a mock arrest and trial for 'Battery on the Basketball Court" scenario, where they will pair students with the officers, attorneys and judge and the roles they play in an arrest and trial by jury from 8:15 to 8:45 a.m. in the Carver gym. Carver students will also act as the jury and deliberate the case presented to them. All students will have the opportunity to either watch or participate in the mock trial. The Delray Police staff will also briefly share why they chose justice as a career and how they prepared for their positions. The students will be working on a community service project for the Police Department Kids and Cops Program. They will be making and decorating bookmarks with the Kids and Cops slogan that will be given with the books that are distributed through the Kids and Cops Program. It should be noted that some of the Carver students are beneficiaries of the program. The students with the highest number of community service hours will be eligible to attend a field trip to the Police Department on November 12, 2013. WHEREAS, city government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by city government in our lives; and WHEREAS, this week offers an important opportunity to spread the word to all the citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and other citizens about municipal government through a variety of different projects and information; and WHEREAS, Florida City Government Week offers an important opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW, THEREFORE, I, CARY GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of October 20 through October 26, 2013 as FLORIDA CITY GOVERNMENT WEEK in the City of Delray Beach, Florida, and encourage all citizens, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated accordingly, and to encourage educational partnerships between city government and schools. 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 22nd day of October, 2013. CARY GLICKSTEIN MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Jinn ii A ]Ln, P15ner Pa.a1Dor1hg,AICP,LEED GA,D!=brofP15nnngandZoniag THROUGH: Louie Chapman, Jr., City Manager DATE: October 10, 2013 SUBJECT: AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION Accept the actions and decisions made by the Land Development Boards for the period September 30, 2013 through October 11, 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 LDR applies. In summary, it provides that the City Commission hear appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: The item must be raised by a Commission member. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meeting of October 9, 2013 A. Approved (4 to 2, Alice Finst and Rustem Kupi dissenting, Mark Gregory absent), a request to amend the master sign for Harbor Plaza, located at the northeast corner of South Federal Highway and Linton Boulevard (1725 S. Federal Highway) to allow Zona Fresca to have their corporate colors. B. Approved (6 to 0 ), a request for a color change for Hand's Stationery, an existing commercial building, located on the north side of East Atlantic Avenue, west of NE 4th Avenue (325 East Atlantic Avenue). C. Approved (6 to 0), a request for a color change for QH Holdings, LLC — RQ Building Products, Inc., located on the east side of SW 15th Avenue, south of SW 7th Street (735 SW 15th Avenue). D. Denied (6 to 0), a request for Class I Site Plan Modification associated with an architectural elevation change for Lady Katie involving the replacement of an existing storefront awning. The property is located on East Atlantic Avenue just west of southbound Federal Hwy. E. Approved with conditions (6 to 0), a Class IV site plan modification, landscape plan and architectural elevation plan associated with the construction of a 3,420 sq. ft. Polio Tropical Restaurant within the Marketplace of Delray, located at the northwest corner of West Atlantic Avenue and Military Trail (14683 South Military Trail). F. Approved with conditions (6 to 0), a reconsideration of a Class IV site plan modification and landscape plan associated with replacing a 2,240 sq. ft. body shop building with a new 2,180 sq. ft. office building in Phase I and reconfiguration of parking in the southeast corner of the site in Phase II, with associated on -site landscaping upgrades for Ed Morse Cadillac, located on the west side of South Federal Highway, south of Linton Boulevard (2238 South Federal Highway). G. Approved (4 to 0, Rustem Kupi and James Knight stepped down), a Class V site plan, architectural elevation plan and landscape plan associated with the construction of a four story residential building containing 155 units to the south, and a three story residential building to the north containing 43 units, with a covered parking area on the ground floor of both buildings for The Strand. The property is located on the west side of SE 3rd Avenue, on the north and south sides of NE 1 st Street. Concurrently, the Board took the following actions: i. Recommended approval (4 to 0), to the City Commission of the waiver request to LDR Section 4.4.13(F)(4)(c)(1), to allow for the north building to decrease the required building frontage setback at 10' maximum from the required 64' -5 "' to the proposed 0' -0 ". ii. Recommended approval (4 to 0), to the City Commission of the waiver request to LDR Section 4.6.9(13)(3)(c)(1), a. For the North Building: To reduce the required stacking distance for the 58 -space cover parking access driveway located along SE 2nd Street: from the required 50' to the proposed 28' for the west side of the access driveway; and from the required 50' to the proposed 23' -4" for the east side of the access driveway. b. For the South Building: To reduce the required stacking distance for the 91 -space cover parking access driveway located along SE 3rd Avenue, from the required 50' to the proposed 30' iii. Recommended approval (4 to 0), to the City Commission of the waiver request to LDR Section 6.1.3(B)(1)(f), to reduce the required width of the sidewalk in the Central Business District along the west side of SE 3rd Avenue, and along the north side of SE 2nd Street from the required 8' -0" to the proposed serpentine sidewalk width ranging from 5', to 6' and to 8'. iv. Recommended approval (4 to 0), to the City Commission of the waiver request to LDR Section 4.6.14(B)(1) to reduce the visibility triangle for the back -up loading area located on the northeast side of the North Building from the required 10' by 10' to the proposed 5' -6" by 5' -6 ". v. Recommended approval (4 to 0), to the City Commission of the waiver request to LDR Section 4.6.18(13)(14)(iv)(2), to reduce the minimum transparency or glass surface as follows: a. For the North Building: Along SE 3rd Avenue from the required 75% to the proposed 50 %; Along SE 1st Street from 75% to the proposed 63 %; b. For the South Building• Along SE 3rd Avenue from the required 75% to the proposed 51 %; Along SE 2nd Street from 75% to the proposed 50 %; and Along SE 1st Street from 75% to the proposed 54 %; Historic Preservation Board Meetiniz of October 2, 2013 1. Approved with conditions (4 to 1, Ronald Brito dissenting and Iris McDonald absent), a request for a Certificate of Appropriateness for the installation of new windows on a contributing structure, located at 102 North Swinton Avenue. RECOMMENDATION By motion, receive and file this report. • CITY COMMISSION MEETING - _ _ _ CITYLIMITS . _ _ _ N APPEALABLE ITEMS ONE MILE LOCATION MAP PLANNING AND ZONING GRAPHIC SCALE DEPARTMENT OCTOBER 15, 2013 SPRAB: �w HPB: A. ZONA FRESCA D. LADY KATIE 1. 102 NORTH SWINTON AVENUE B. HAND'S STATIONERS E. POLLO TROPICAL C. QH HOLDINGS LLC - F. ED MORSE CADILLAC RQ BUILDING PRODUCTIONS, INC. G. THE STRAND -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \CC— DDC \10 -15 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: October 4, 2013 SUBJECT: AGENDA ITEM 8.K.1 - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 PURCHASE AWARD/DEVLAND SITE DEVELOPMENT, INC. ITEM BEFORE COMMISSION Request to approve a purchase award to Devland Site Development, Inc. for lime sludge removal and disposal from the Water Treatment Plant in the annual not to exceed amount of $190,000.00 for Fiscal Year 2014. The pricing and conditions will be per City of Coral Springs Bid #13- B -014F, agreement executed on January 2, 2013 and valid through December 31, 2014. BACKGROUND The Water Treatment Plant (WTP) generates a large amount of sludge with the use of ferric chloride as an enhanced coagulant. Removal and disposal of lime sludge was requested and approved in the division's annual operating budget. Under the pricing of the Coral Springs contract, the costs to remove and dispose of the sludge is $7.33 per cubic yard. Devland Site Development, Inc. performed this work at the WTP last fiscal year under the City of Coral Springs agreement. They provided exceptional service. Staff requests awarding to Devland Site Development, Inc. for fiscal year 2013/2014 in the not to exceed amount of $190,000. This request is for a blanket purchase order for fiscal year 2013/2014. The total amount requested for this annual period is $190,000; it is based on an estimated four loads per day, five days a week, hauled to a local facility. FUNDING SOURCE Funding is available from account 441 - 5122 - 536.34.90, Water Treatment and Storage /Operating Other Contractual Services. RECOMMENDATION Staff recommends approval of the purchase award to Devland Site Development, Inc. for removal and disposal of lime sludge for an estimated annual amount not to exceed $190,000, utilizing the terms and conditions of the City of Coral Springs Bid #13- B -014F. CITY OF CORAL SPRINGS, FLORIDA SUBMIT BID TO, PURCHASING DIVISION BIDDER ACKNOWLEDGMENT 9551 WEST SAMPLE ROAD CORAL SPRINGS, FLORIDA 33(}65 - GENERAL CONDITIONS - THESE INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMMODITIESISERVICES ISSUED BY THE CITY OF CORAL SPRINGS, THE CITY OF CORAL SPRINGS MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE BID SHEETS, ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS INVITATION FOR BID SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER'S CONTRACT TO THE CONTRARY. BIDDER ACKNOWLEDGMENT MUST BE SIGNED AND RETURNED WITH YOUR BID SEALED BIDS, This form must be executed and submitted with all inclusive of the Invitation to Bid as wall as any special instructions Bid sheets in a sealed envelope, The face of the envelope shall if applicable. contain the above address, the date and time of Bid opening and Bid number. Bids not submitted on attached Bid Form may be INSTRUCTIONS TO BIDDERS: rejected. All Bids are subjected to the conditions specified herein. Those which do not comply with these conditions are subject to 1. DEFINED TERMS rejection. BID TITLE LIME SLUDGE REMOVAL BID NO.: 13- 6-014F BIDS WILL BE OPENED 2:00 RM. (EST) OCTOBER 24, 2012 and may not be withdrawn during the 90 calendar days following such date and time. PURCHASING AGENT (NAME & TELEPHONE NO_:) Leo Bermudez, 954 344 -1101 CORRECT LEGAL NAME OF BIDDER: (SIGNATURE OF BIDDER'S AUTHORIZED AGENT) TITLE: TYPED/PRINTED NAME OF AUTHORIZED AGENT: ADDRESS: PHONE NO: ( FEDERAL ID NUMBER OR SOCIAL SECURITY NUMBER OF BIDDER: certify that this Bid acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same commodities/ services, and is in all respects fair and without collusion or fraud I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid for the Bidder. By signature on this form, Bidder acknowledges and accepts without limitation, pages 'I through 5 1,1 Terms used in these Instructions to Bidders are defined and have the meanings assigned to them. The term "Bidder" means one who submits a Bid directly to CITY, as distinct from a sub - bidder who submits a Bid to the Bidder_ The term "Successful Bidder" means the most responsible and responsive Bidder to whom CITY (on the basis of CITY'S evaluation as hereinafter provided) makes an award. The term "CITY" refers t4 the CITY of Coral Springs, a municipal corporation of the State of Florida. The term "Bid Documents" includes the Invitation to Bid, Instructions to Bidders, Special Conditions, Bid Form, Non - Collusive Affidavit, Certificate(s) of Insurance, if required, Payment and Performance Bonds, if required, Corporate Resolution, Bid Security, if required, and the proposed Contract Documents, if any, including all Addenda issued prior to receipt of Bids. 2. COPIES OF BIDDING DOCUMENTS 2,.1 . Complete sets of. Bid. Documents. must. be. used in preparing Bids. CITY does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents. CITY, in making copies of Bid Documents available does so only for the purpose of obtaining Bids and does not confer a license or grant for any other use. 3. QUAL_IFiCATIONS OF BIDDERS Page 1 of 5 3.1 No Sid will be accepted from, nor will any contract be awarded to any person who is in arrears to the CITY, upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to CITY, or who Is deemed responsible or unreliable by the CITY 3.2 As part of the Bid evaluation process, CITY may conduct a background investigation including a record check by the Coral Springs Police Department. Bidder's submission of a Bid constitutes acknowledgment of the process and consent to such investigation. CITY shall be the sole judge in determining Bidder's qualifications, O I L3 h� A FN a o o � U W � a O N O +• 0 o 0 W o � � o H F�dse a O U o rn � 00 a M 44 �v. b p O U o tn U Q f!3 U � � o .;Uo v y p E• yK U .0 U "O o 0 . wa� kn r L U U W ti c w S-11 Ln c o � U d � �C goo Cd wa� o � � o � q-Z � o o cc �o v b U, d U a v m ¢ to U in ° o n G4 A 'AUQ� o o � U a �n N � a o U ;Z4 U a o rn � tn U Q f!3 � U O O � o .;Uo "O °° . kn r Ln � U U W ti c w S-11 c U d � -o wa� o � q-Z � o o cc �o d U a v m n G4 n Q xUdzs LIME SLUDGE REMOVAL SERVICES AGREEMENT BETWEEN CITY OF CORAL SPRINGS AND DEVLAND SITE, INC. THIS AGREEMENT, made and entered into the day of j 4 3 E 201 by and between: CITY OF CORAL SPRINGS, FLORIDA a municipal corporation 9551 West Sample Road Coral Springs, Florida 33065 (hereinafter referred to as "CITY ") AND DEVLAND SrIE, INC. a Florida corporation 1302 Wingfield Street Lake Worth, FL 33460 (hereinafter referred to as "CONTRACTOR. ") IN CONSMERATION of the mutual covenants and undertakings and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do mutually covenant and agree as follows: Section 1. LIME SLUDGE REMOVAL SERVICES 1.01 CONTRACTOR agrees to provide Lime Sludge Removal Services to the CITY pursuant to terms and conditions set forth in Invitation to Bid No, 13- B -014F, Lime Sludge Removal Services issued on October 2, 2012, as incorporated by reference herein. 1.02 CONTRACTOR acknowledges that it has been awarded a term contract to provide lime sludge removal services required by the City on an as needed basis, at various locations throughout the City and agrees to provide said services in accordance with the terms and conditions of this Agreement. Section 2. TERMS OF AGREEMENT 2.01 This Agreement will commence on January 1, 2013 and shall terminate on ]December 31, 2014, unless otherwise terminated pursuant to Section 17 of this Agreement. This agreement may be renewed for two (2) additional two (2) year terms. Devland Site, Inc. Agreement L.irne sludge removal services Doc. 120974, File 12- 0011(55) Page 1 of 9 Section 3. COMPENSATION 3.01 CITY agrees to pay to CONTRACTOR the following: $7.33 /Cubic Yard 3.02 No guarantee is expressed or implied as to the total quantity of commodities /services to be purchased under any open end. contract. The CITY reserves the right to issue purchase orders as and when required or issue a blanket purchase order for individual agencies and release partial quantities or any combination of the proceeding. 3.03 All payments for services shall be in accordance with the unit cost as designated in CONTRACTOR'S response to Bid No_ 13-- 13- 014F, as shown above. Invoices shall be submitted to the Department of Public Works, City of Coral Springs, 9551 West Sample Road, Coral Springs, Florida 33065, Attention. Torn Costantino, Utilities Superintendent. Section 4. RECORDS AND AUDIT 4.01 CITY reserves the right to audit the records of CONTRACTOR relating to this Agreement any time during the performance and term of the Agreement and for a period of three (3) years after completion and acceptance by CITY. If required by CITY, CONTRACTOR shall agree to submit to an audit by an .independent certified public accountant selected by CITY. CONTRACTOR shall allow CITY to inspect, examine and review the records of CONTRACTOR at any and all times during normal business hours during the term of this Agreement. 4.02 CONTRACTOR agrees that it shall beep accurate and complete records with regard to all services as proposed hereunder. All original records related to the services provided under the terms of this Agreement are the property of CITY and accordingly those records are subject to the Florida Public Records Law. CONTRACTOR shall not release any City records without written permission from City except as necessary and appropriate in the performance of the duties and responsibilities required to comply with the terror of any Agreement between the parties. 4.03 CONTRACTOR shall preserve and make available for inspection by CITY personnel, or by personnel duly authorized by CITY, computer data and other records related to the services provided under this Agreement. The records will be made available during normal business, hours upon twenty -four hours notice by the CITY. Section 5. INDEPENDENT CONTRACTOR STATUS 5.01 CONTRACTOR and its employees, volunteers and agents shall be and remain as independent contractors and not agents or employees of CITY, with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement Devland Site, Inc. Agreement Lime sludge removal services Doc. 120974, File 12- 0411 (55) 'age 2 of 9 shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. Section 6. CONFLICT OF INTEREST 6.01 CONTRACTOR covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with CITY. CONTRACTOR further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests, on the part of CONTRACTOR or its employees, must be disclosed in writing to CITY. 6.02 CONTRACTOR. is aware of the conflict of interest laws of the Municipal Code of the City of Coral Springs, Broward County and the State of Florida, Chapter 112, Florida Statutes (2006), as amended, and agrees that it will fully comply in all respects with the terms of said laws. 6.03 CONTRACTOR warrants that it has not employed or retained any person employed by CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay; any public official or person employed by CITY any fee, commission, percentage, brokerage fee or gift of any kind, contingent upon or resulting from the award of this privilege. Section 7. ASSIGNMENT 7.01 This Agreement is not assignable or transferable in whole or in part without the prior expressed written consent of the CITY which consent cannot be unreasonably withheld. Section 8. COIVIPLUNCE WITH )LAWS 8.01 CONTRACTOR shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida, City of Coral Springs and of any other public authority, which may be applicable to this Agreement. Section 9. VENUE 9.01 Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Br ©ward County, Florida and the prevailing party to any resultant judgment shall be entitled to an award of all reason- able attorney's fees, interest and court costs incurred by such prevailing party against the losing party including reasonable appellate attorney's fees, interest and taxable costs. Devland Site, Inc. Agreement Lime sludge removal services Doc, 120974, File 12- 0011(55) Page 3 of 9 Section. 10. GOVERNING LAW 10.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Section 11. PERMITS, FEES AND NO'T'ICES 11.01 CONTRACTOR shall use its best efforts to obtain the necessary permits as soon as possible if required for any specific work project. Any delays in obtaining permits must be brought to the attention of the Public Works Director without delay. Section 11 INSOLVENCY 1101 In the event that either party shall become insolvent, make a general assignment for the benefit of creditors, suffer or permit the appointment of a receiver for its business or its assets or shall avail itself of, or become subject to, any proceeding under the Federal Bankruptcy Act or any other statute of any state relating to insolvency or the protection of rights of creditors, or become subject to rehabilitation, then, at the option of the other party and immediately upon written notice, this Agreement shall terminate and be of no further force and effect. Section 13. ENTIRE AGREEMENT 13.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, -modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek .redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, tern -, condition or election but the same shall continue and retrain in full force and effect. Section 14. SEVERABILITY 14.01. Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. Section 15. NONDISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT 15.01 During the performance of this Agreement, CONTRACTOR -shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The CONTRACTOR will take affirmative action to ensure that employees are treated during employment, without regard to their race, creed, color, or national original. Such action trust include, but not be limited to, the following: employment, upgrading; demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for Devland Site, Inc. Agreement Lime sludge removal services Doc. 120974, File 12- 0011(55) Page 4 of 9 training, including apprenticeship. The CONTRACTOR shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. Section 16, INSURANCE 16.01 Prior to commencing work, CONTRACTOR shall provide CITY with certified copies of all insurance. policies providing coverage as required. 16.02 CONTRACTOR shall secure and maintain, at its own expanse, and keep in effect during the full period of the agreement a policy or policies of insurance, which must include the following coverages and minimum limits of liability: (a) Worker's Compensation and EMploar's Liabilit Insurance for all employees of CONTRACTOR engaged in work under the Agreement in accordance with the laws of the State of Florida. CONTRACTOR shall agree to be responsible for the employment, control and conduct of its employees and for any injury sustained by such employees in the course of their employment. (b) Comprehensive General Liabil!LK Insurance with the following minimum limits of liability: 11,000,000.00 Combined Single Limit, Bodily Injury and Property Damage Liability per occurrence Coverage shall specifically include the following minimum limits not less than those required for Bodily Injury Liability and Property Damage: $1,000.,000.00 Combined Single Limit, Bodily Injury and Property Damage Liability per occurrence (1) Premises and Operations; (2) Independent Contractors; (3) Products and Completed Operations; (4) Broad Form Property Damage; (5) Broad Form Contractual Coverage applicable to the Contract and specifically confirming the indemnification and hold harmless agreement in the Contract; (6) Personal Injury Coverage with employment and contractual exclusions removed and deleted; and (c) Comprehensive Automobile Liabikta Insurance for all owned, non -owned and hired automobiles and other vehicles used by the CONTRACTOR in the performance of the work with the following minimum limits of liability: Devland Site, Inc. Agreement Lime sludge removal services Doc. 120974, File 12 -0011 (55) Page 5 of 9 $1,000,000m Combined Single Limit, Bodily Injury and Property Damage Liability per occurrence 16.03 ALL LIABILITY INSURANCE POLICIES SHALL SPECIFICALLY PROVIDE THAT THE CITY OF CORAL SPRINGS IS AN ADDITIONAL NAMED INSURED OR ADDITIONAL, INSURED WITH RESPECT TO THE REQUIRED COVERAGES AND THE OPERATIONS OF THE CONTRACTOR. UNDER TRE AGREEMENT. INSURANCE Companies selected must be acceptable to CITY. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to CITY by certified mail. 16.04 The required insurance coverage shall be issued by an insurance company duly authorized and licensed to do business in the State of Florida with the following minimum qualifications in accordance with the latest edition of A.M. Best's Insurance Guide: Financial Stability B+ to A+ Section 17. CUMULATIVE REMEDIES 17.01 The remedies expressly provided in this Agreement to CITY shall not be deemed to be exclusive, but shall be cumulative and in addition to all other remedies in favor of CITY now or Hereafter existing at law or in equity. Section 18.. TERMINATION 18.01 Upon seven (7) calendar days written notice delivered by certified snail, return receipt requested, to the CONTRACTOR, CITE'" may without cause and without prejudice to any other right or remedy, terminate the Agreement for the CITY's convenience whenever the CITY determines that such termination is in the best interest of the CITY. Where the Agreement is terminated far the convenience of the . CITTY the notice of termination to the CONTRACTOR must state that the Agreement is being terminated for the convenience of the CITY under the termination clause and the extent of termination. Upon receipt of the Notice of Ten-nination for convenience, the CONTRACTOR shall promptly discontinue all work at the time and to the extent indicated on the Notice of Termination, terminate all outstanding sub - contractors and purchase orders to the extent that they relate to the terminated portion of the Agreement and refrain from placing further orders and sub- contracts except as they may be necessary, and complete any continued portions of the work. Devland Site, Inc. Agreement Lithe sludge removal services Doc. 120974, File 12- 0011 (55) Page 6 of 9 Section 19. NOTICES 18.01 All notices and other communications required or permitted under this Agreement skull be in writing and given by: CITY: Angelo Salomone, Purchasing Administrator City of Coral Springs 9551 West Sample Road Coral Springs, Florida 33065 Telephone: 954 -344 -1100 Facsimile: 954-344-1186 COPY TO: Rich Michaud, Director of Public Works 9551 West Sample, Road Coral Springs, Florida 33065 Telephone: 954 -344 -1165 Facsimile- . 954 -- 3445959 CONTRACTOR: Edmund Deveaux, President Devland Site, Inc. 1302 Wingfield Street Lake Worth, FL 33460 Telephone: 561 - 585 -6370 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered: on the date delivered if by personal delivery or overnight courier, or on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed; and on the date of transmission with confirmed answer back if by fax. (THIS PAGE LEFT INTENTIONALLY BLANK) Devland Site, Inc. Agreement Lime sludge removal services Doc. 120974, File 12- 001](55) Page 7 of 9 IN WITNESS WHEREOF, CITY OF CORAL SPRINGS AND DEVLAND SITE, INC have caused these presents to be executed in their respective names by the proper officials, the day and year first above written. , ATTEST: f cam, incept -Bocca , Mayor ()Sep Y haves / City 0 irk Approved as to form: ShejV L. Whitac , Deputy City Attorney Devland Site, Inc. Agreement Lime sludge removal services Doc. 120974, File 12- 0011 (55) Page 8 of 9 I' State ofr County of On this, the�Aday o r ; 2012, before me, the undersigned Notary Public of _ 6 tate of ,' `the fore o meat was acknowledged by (name) e4 (title) of 1:7-' (corfroraiion), a (state) corporation, on behalf of the corporation. WI'T'NESS my hand and official seal 1= NkNGY M, B. EDWARDS My CoMM#STW � DD 916415 EXPIRES: Uscsmbcr 12, 20 pe: 4 Sond�dThmn otigPub0cUnd tWrlffrs Devland Site, Inc. Agreement Lime sludge removal services Doc. 120974, File 12-0011(55) Personally known to me, or Poduc`- i d iden4ication: (type of identification produced) Page 9 of 9 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: October 4, 2013 SUBJECT: AGENDA ITEM 8.K.2 - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 PURCHASE AWARD/DUMONT COMPANY INC. ITEM BEFORE COMMISSION The item before Commission is to approve a purchase award in the amount of $51,170.00 to The Dumont Company, Inc. The award is for FY 2013/2014 for the purchase and delivery of Sodium Hypochlorite on an "as needed" basis to remote booster station locations. BACKGROUND Sodium hypochlorite is used as a disinfectant /antimicrobial agent at remote stations which are operated by the Water & Sewer Network Group /Public Utilities Division. These remote locations at Gulfstream, Owens Baker, and other booster station sites are limited to small quantities between 500 gallons and 1,000 gallons and cannot accommodate large tanker size trucks of 12,000 gallons (tanker) due to truck accessibility. Minimum delivery for this product is limited to 1,000 gallon for most vendors, which is considered a small order (or mini -bulk) for delivery. Two vendors can accommodate deliveries in smaller size quantities, between 500 and 1,000 gallons; Dumont at $1.19 per gallon and Beach -O -Rama at $1.198 per gallon. Dumont is the City's current product supplier to our remote stations. Their service has been satisfactory. The estimated usage for this year is 43,000 gallons with an award requested at $51,170, as programmed and approved in the division's operating budget for FY 2013/2014. FUNDING SOURCE Funding will be available from account 441- 5123 - 536.52 -21 (Water Distribution/ Operating Supplies - Chemicals). RECOMMENDATION Staff recommends approval of the purchase of Sodium Hypochlorite "as needed" from The Dumont Company, Inc. at a unit cost of $1.19 per gallon, for an estimated annual cost of $51,170.00. DUMONT September 9, 2013 City of Delray Beach 434 S. Swinton Ave. Delray Beach, Florida 33444 Mr. Solomon, In regards to the sodium hypochlorite used at the re -pump and booster stations, Dumont would like to take this opportunity to offer a one (1) service agreement. The price will decrease for the Sodium Hypochlorite by $.06 per gallon, making the new price $1.19 per gallon. The offer will be valid until 10/1/2014. If this meets with your approval, please sign below and forward the Purchase Order Number along with signed document. Dumont appreciates your business and we look forward to continuing services with the City of Delray Beach. If you have any questions please feel free to contact me. Best Regards Kenny Williams Technical Development Manager The Dumont Co., Inc. 381 S. Central Ave., Oviedo, FL 32765 Tel: 800 - 330 -1369 Cell: 352-303-5773 Fax: 800 -524 -9315 KennyW gdumontchemi cal s. com Sign: Date: The Dumont Company, Inc. — 381 S. Central Ave., Oviedo, FL 32765 800 - 330 -1369 FAX: 800 -524 -9315 4 i� Beach 6 0 0 E : U P P i d i 5 UAA_A7"Y t- PY_A ST t-R l N C_. Divisions of Gomez Chemicals Inc. September 9, 2013 City of Delray Beach 434 South Swinton Ave. Delray Beach, FL 33444 To Whom It May Concern: Beach -O -Rama delivers Sodium Hypochlorite to Palm Beach, Broward and Miami -Dade Counties in volumes that range from 2.5 gallons up to 2000 gallons at a time. CC » In regards your Sodium Hypochlorite solution needs for your Well booster stations. Our mini - bulk deliveries range in volume from 250 gallon to 1000 gallon deliveries. Please be advised that our mini -bulk deliveries for Sodium Hypochlorite for the City of Delray Beach will be at $1.198 per gallon and will remain in effect for 1 year. Any questions, please contact our office. Sincerely, Bill Gomez Division of Gomez Chemicals Inc. 4800 NW 15th Ave Unit 1C Ft Lauderdale, FL 33309 Office 954 - 651 -6415 Fax 954 -651 -6435 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: October 4, 2013 SUBJECT: AGENDA ITEM 8.K.3 - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 CONTRACT AWARD /LINE -TEC, INC. ITEM BEFORE COMMISSION The item before Commission is to approve an award to Line -Tec, Inc. in the amount of $113,054.50 for installing water meters and connecting customers on the Barrier Island to the Reclaimed Water System, P/N 2014 -028. The quote utilizes existing contract prices under a current City of Boynton Beach bid for "Supply and Installation of Water Service Connections & Restoration ", Bid #050- 2821- 13 /JMA, active through July 16, 2015. BACKGROUND The Area 12A -Phase 1 Reclaimed Water System project was completed this past August 2013. The project consisted of installing transmission and distribution piping for conveyance of reclaimed water to the southern portion of the Barrier Island, from Atlantic Avenue south to Casuarina Drive, Gleason Street east to AIA. Utilizing prices from an existing contract with the City of Boynton Beach, Line -Tec has provided a quote in the amount of $113,054.50. The scope of work consists of the installation of water meters (City furnished under a separate purchase contract), modifying the customer's existing irrigation system for connection to the reclaimed system, and installation of backflow devices. The quote is based on an estimated 109 service connections. Upon approval by City Commission, Line -Tec, Inc. will execute a "Standard Form of Agreement between the City and Contractor ". FUNDING SOURCE Funding is available from account #441 - 5161 -536- 49.23, Water and Sewer Fund/ Reclaimed Water Distribution System in the total amount of $113,054.50. RECOMMENDATION Staff recommends award to Line -Tec, Inc. for installing water meters and connecting customers on the Barrier Island to the Reclaimed Water System, P/N 2014 -028. Estimate Date Estimate # Professional Underground Utility Contractor 10/8/2013 5557 -2 241 NW 18th Avenue I Delray Beach, F133444 1 Ph: 561.374.9494 1 Fax: 561.737.38271 www.linetecine.com Name / Address City of Delray Beach 434 South Swinton Ave Delray Beach, F133444 Terms P.O. No. Project Net 30 Reclaim 12A Phase 1 Phase I Transfers S. of Atlantic Item Description Cost Qty Total This estimate is for the transfers of services to the boxes located to the front of the buildings on the Phase I project. Work will include relocation of the services tie in's and set new meter boxes. 001 Furnish and install water service connection from meter to house 350.00 40 14,000.00 002 Furnish and install V SCH 40 PVC and sod restoration 6.00 986 5,916.00 040 Furnish & Install 1 -1/4" Sch 40 PVC Water Service Pipe (If) 7.50 1,854 13,905.00 041 Furnish & Install 1 -1/2" Sch 40 PVC Water Service Pipe (If) 9.50 151 1,434.50 042 Furnish & Install 2" Sch 40 PVC Water Service Pipe (If) 11.50 15 172.50 Ol la Installation or Replacement of 1" meter box & Lid (installation only) 30.00 40 1,200.00 072 Furnish & Install V Sch 40 PVC Reuse (purple) Service Pipe 7.00 1,371 9,597.00 073 Furnish & Install 1 -1/4" Sch 40 PVC Reuse (purple) Service Pipe 8.75 2,208 19,320.00 074 Furnish & Install 1 -1/2" Sch 40 PVC Reuse (purple) Service Pipe 10.50 1,069 11,224.50 075 Furnish & Install 2" Sch 40 PVC Reuse (purple) Service Pipe 12.50 60 750.00 076 Reconnect Existing Sprinkler Connection @ House 350.00 69 24,150.00 079 Installation of V Check Valve on House Line (Labor Only) 75.00 69 5,175.00 035 Hourly labor rate for exploratory locating solenoid valves, etc. 45.00 138 6,210.00 Prices per City of Boynton Beach contract #050- 2821- 13 /JMA Total $113,054.50 Signature The City of Boynton Beach. July 17, 2013 Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425 -0310 Telephone No: (561 ) 742 -6310 FAX: f56I) 742 -63I6 Line -Tee Inc. 241 NW 18'" Avenue Delray Beach, FL 33444 Attn: Mr. Scott Ellsworth BID NAME: "THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM" BID NO.: 050 - 2821- 131JMA BID TERM: JULY 97, 2043 THROUGH JULY 96. 2095 Dear Mr. Ellsworth: At the City Commission meeting of July 16, 2013, Commission approved the bid award for The Supply and Installation of Water Service Connections and Restoration for a Two Year Term to your Company. Your company's certificate of insurance is on file with the City. Line -Tec's general liability coverage and vehicle insurance expires August 17, 2013; please provide an updated certificate of Insurance, naming the City of Boynton Beach as additional insured, to our Risk Management Department.(Fax No.: 742- 6041) before the expiration date. We have enclosed a Bid Tabulation, Schedule of Pricing and Agenda Item Request for your review. We would like to thank you for your time and effort in responding to this Bid, and we look forward to continue working with Line -Tec for another two years. If you have any questions, please do not hesitate to contact Julianne Alibrandi at (561) 742 -6322. Sincerely, (� Tim oward Director of Financial Services Enclosures cc: Michael Low, Deputy Utilities Director Barb Conboy, Manager Utilities Administration Waneya Bryant, Supervisor, Meter Services America's Gateway to the Gulfstream 5 4� THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM TABLE OF CONTENTS Table of Contents ..................... ................. Invitation to Bid ..................... Specifications ........ _... General Conditions . ................. 9 15 Special Conditions ............... Bidder's Acknowledgement ..................... Addenda Acknowledgement ................. . Price Proposal ........................ . Non Collusion Affidavit ...................... .......... ............................... Anti - Kickback Affidavit ................... .... ............................... . ................. Safety Program Compliance ..................... Minority Owned Business............................ ......................... .. ............................... . ............ Confirmation of Drug -Free Workplace ................... ............... Acknowledgement of Palm Beach County Inspector General ............. Schedule of Subcoitractors ............................. Statement of "No Bid " . ..................... . i F INVITATION TO BID THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM BID No.: 050- 2821- 13fJMA Sealed bids will be received in PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33428 -0310 on or before June 17, 2013, No Later Than 2:30 P.M. (Local Timei. Bids will be opened in: PROCUREMENT SERVICES -CITY HALL 2ND FLOOR unless otherwise designated SCOPE OF BID: This bid is for the supply and installation of water service connections related to the two inch (2 ") galvanized water main replacement program to include taps; service connections; placement of meter boxes; valves; service lines and restoration; installation of water meters and attached equipment. This bid also includes the relocation of water services, meters, and mains from rear easements to front yards for various locations within the City of Boynton Beach Utilities service area for a two year term. ATTENTION ALL INTERESTED RESPONDENTS: Copies of this solicitation package may be obtained from Demandstar at Onvia at www.demandstar.com or by calling 1 -800- 711 -1712. Demandstar distributes the City's solicitations through electronic download, by facsimile, or through the United States Postal Service (USPS). Respondent(s) who obtain copies of this solicitation from sources other than Demandstar or the City's Procurement Services Division may potentially risk not receiving certain addendum(s) issued as a result of the solicitation. Bidders shall submit one (1) marked original and three (3) photocopies of the completed bid package in a sealed envelope to the address above. The Project Name, Bid Number, and time and date of the Bid Opening shall be clearly marked on the outside of the sealed envelope. Facsimile or electronic responses shall not be accepted. All Bids will be publicly opened. Bid prices will not be read aloud, only the names of the Bidders will be disclosed. Bids received after the assigned date and time will NOT be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regard to mail being delivered by a specified time so that Bids can be considered. The City reserves the right to consider Bids that have been determined by the City to be received late due to mishandling by the City after receipt of the Bids and prior to award being made. Bidders may not withdraw their Bid for a period of ninety (90) calendar days after the day set for the opening of Bids. CONE OF SILENCE: Per Palm Beach County Code Section 2 -355 after the deadline to respond to this Bid, members of the City Commission are prohibited from communicating directly or indirectly with Bidders regarding the substance of the proposal submittals until such time as the City Commission (1) awards or approves a contract, (2) rejects all responses, or (3) otherwise takes action which ends the solicitation process. Improper communications during this "Cone of Silence" period may result in a penalty as outlined in Palm Beach County Code Section 2 -357. PUBLIC RECORDS DISCLOSURE: As per Florida Statutes §119.07, sealed Bids or Proposals received by the City in response to a Request for Proposal or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the Proposals /Bids. If the City rejects all Proposals /Bids submitted in response to a Request for Proposal or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Proposals/Bids remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Any questions relative to any item or portion(s) of this bid should be directed to Julianne Alibrandi, Buyer (561) 742 -6322, email: alibrandi €g bbfri.us Office Hours: MONDAY THURSDAY, 7:30 A.M. TO 6:00 P.M. CITY OF BOYNTON BEACH TIM W. HOWARD Director of Financial Services 4 SPECIFICATIONS FOR "THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM" The City of Boynton Beach is seeking a Contractor for the supply and installation of water service connections and restoration, to include water taps and restoration related to the 2" galvanized water main replacement program to include relocation of rear easements to front yards; replacement of existing water mains and service connections; and installation of water meters and attached equipment. Awarded contractor must adhere to published Utility Department Standards of Construction from the mains through the meter box and Standard Plumbing Code from the meter box through the building connection at various locations within the City of Boynton Beach Utility's service area, Boynton Beach, Florida. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check -off" sheets (Pages 3 -5) with the proposal sheet in order for a bid to be considered. Line Connection Meter to House �. The unit bid price for house water service connections at the new City installed meter and house valve includes the 1" gate valve at the house connection and sod restorations specific to each house. 2. Price will be for all labor and materials necessary to perform the installation in accordance with the Standard Plumbing Code, City of Boynton Beach Codes and Ordinances, and includes all work not paid for under separate item. 3- x All required permits will be obtained by the Contractor. Permit fees will be paid by the contractor and will be reimbursed 100% of the cost. 4. The City of Boynton Beach requires one permit drawn for each installation within the City. The requirement for individual site plan is waived in lieu of the typical installation site plan which the awarded vendor will provide with permit application submittal. 5._ Locations outside the City limits will have to follow that jurisdiction's permit requirements. 0- All new water services will be connected at the same point of connection at the existing house valve or service point. City of Boynton Beach Bid No. 050 - 2821- 13 /JMA Page 5 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. I. Quantities estimated at 350 services per year, these quantities are provided for estimating purposes only. Payment will be based on actual installed water service connections. 8. A 12 foot wide temporary easement, the center of which coincides with the relocated water service, will be secured by the City for the purpose of this i installation. The Contractor will confine his activity to within these limits. 0- Contractor's entry onto the property for the purpose of this installation, will be reported to the City Utility inspector 48 hours prior to such entry. 10.7 Contractor will provide 48 hours notice to the homeowner by providing a door hanger stating the Contractor's intention to begin work. Information contained on the hanger will include as a minimum; Contractor's Name Name of Contractor's Representative Date of Entry Date, Time and Duration of Interruption of Water Service 11 � All work related to each installation including restoration, will be completed within ten (10) calendar days of the date of entry onto any property. p thEn 12. I`` Contractor will respond to all emergency requests within one (1) hour and non- emergencies within 24 hours. A contact phone number available 24 hours a day, 7 days per week must be provided with proposal. 13. All trenches will provide a minimum of 12 inches cover and be performed using trenchless methodologies. No other equipment will be allowed in the yards. Any request by the property owner to either the City or Contractor that the trenches be hand dug this request will be honored. Water Meter and Attached Device Installations 14._ MXU and Register Replacement: The contractor shall first ensure he is at the correct location and meter by verifying the address and register number. The contractor shall determine if the register needs to be replaced by identifying if it is an ICE register. If it is already an ICE, the contractor must reprogram the register resolution to read to the 10 gallons position. If it is a non -ICE register the contractor will replace it. The contractor will then replace or install a Sensus 520M MXU and program it to read with the tower. If it is necessary to remove a riser, replace a meter box or lid to fit the equipment or to avoid a trip hazard the contractor will be required to do so while onsite. 15. Quantities estimated at 17,500 MXU installations with about 40% of these requiring a register exchange and 10% may require a meter exchange. 16.—'A- Although the City will be responsible for purchasing "Primary Equipment,% defined as Sensus MXU's, Registers, gel caps, gaskets, meter boxes, meter lids, etc.; the contractor will be responsible for inventory, storage, and handling of all Primary Equipment'. Bid pricing should reflect this additional management and City of Boynton Beach Bid Ito. 050- 2821- 131JMA Page 6 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. oversight responsibility. The contractor will be responsible for purchasing "Installation Equipment" defined as the Sensus AR5002, AR4002, or RF5502 with GPS package hand -held, Droid Tablets, Autoguns, Command Links, and �( Tremble Units. 17. ` '� The contractor will be required to utilize Mobile311, an electronic work order database that records installation data. (Mobile311 contact information: 919 -238- 0444). For each meter location, the contractor shall electronically capture the revious meter reading (along with a digital photograph of the register face dearly showing the read), new register serial number, new MXU serial number, meter location note changes, and other relevant information to the account. After work is complete, the Contractor is required to change the work order to the proper status for query purposes. All information requested must be completely filled out and correct for the installation to be considered complete and eligible for payment. 18. The contractor will inventory all of the City's equipment removed as part of this project and will coordinate the proper recycling /disposal of all out -of- warranty equipment and return in- warranty equipment to the City on an agreed -upon schedule. 19. The contractor shall assign qualified and responsible employees to each aspect of the requested work. All employees shall be presentable and act professionally during the course of the project_ All employees shall be issued and carry a letter describing the project and work to be performed. While installing equipment in commercial areas (businesses, schools, hospitals, industrial, etc.), special efforts will be made to ensure minimum disruption to their water needs. The contractor will make an initial attempt for appointments by tagging the door with a revisit date. If customer does not comply the door will be tagged again and City personnel will coordinate an appointment with the customer. 20. Quality Control of Data Collection: The Contractor shall describe its quality control program for its installation crews, including the parameters and the number of percentages of installation to be inspected, minimum acceptable performance and provisions for dealing with acceptable performance. Data integrity in Mobile311 is very important. The City reserves the right to address contractor employee issues to include performance standards. 21 • Quality Control of Installation: The contractor will also be responsible for troubleshooting any meters and attached equipment that are not able to be read by the Sensus FlexPra system for the first two months after installation. The City will provide a list of accounts not reading on an agreed upon schedule and the contractor is responsible for making the repair within five business days of the list. If it is found that the meter reading failure was due to factors not related to installation (e.g. customer tampering, failed ICE register, damage from an unknown source, etc.) the contractor shall provide pictures of the problem. Those issues not related to installation errors are eligible for a revisit charge. City of Boynton Beach Sid No. 050- 2821- 13 /JMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE, Page 7 General 22./ Contractor's liability insurance will be in effect for the term of the contract t act (purchase order). (See attached Insurance Advisory Form), 23.,Y Contractor will not store material or equipment on any of the temporary easements. Equipment and material storage within the right of way shall be with the approval of the Utility Department inspector and at the risk of the Contractor. No material will be stored in front of any residence. 24. Contractor will provide a one (1) year warranty for all work and materials related to the water service connection, service line and restoration. 25._ A daily project inspection by an employee of the City Utility Department will be made and all customers will be connected during regular working hours. 26. Awarded Contractor will prepare a listing of items and property basis upon completion of work to support g. ort invoicin quantities on a per 27- List of properties will be presented to the Utility Department inspector and be mutually agreed upon prior to any work commencing. 2$. Bid proposal prices are valid for two (2) years with the possibility of extensions for two (2) additional one -year terms, pending mutual agreement of both parties. 29. The City of Boynton Beach will issue work requests for several properties at a time or there will be cases for individual property requests. The contractor agrees to commence work within seven (7) calendar days after receipt of order. Each property will be started and finished within a two (2) day period. 30 Contractor must have an Underground Utility License and submit a co with proposal. copy City of Boynton Beach Bid No. 050- 2821- 13/JMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Page 8 GENERAL CONDITIONS FOR BIDDERS FAMILIARITY WITH LAWS: The bidder is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the bidder will in no way relieve bidder of responsibility to adhere to such regulations. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company's name and address, proposal title, number, proposal date and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection, EXECUTION OF BID-- Proposal must contain an original signature of an authorized representative in the space provided on all affidavits and proposal sheets. NO BID: If not submitting a proposal, respond by returning one copy of the "STATEMENT OF NO BID" and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the vendor's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. BID DEADLINE: It is the bidder's responsibility to assure that the bid is delivered at the proper time and place prior to the bid deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Bids which for any reason are delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Offers by telegram or telephone are not acceptable. RIGHT TO REJECT BID: The City reserves the right to reject any or all bids, to waive technical errors, or to accept a portion of any bids that are deemed to be the most responsive, responsible bidder(s) which represents the most advantageous bid to the City. In determining the "most advantageous bid ", price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery requirements; the initial purchase price; life expectancy; cost of maintenance and operation; operating efficiency; training requirements; disposal value; and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but is not necessarily limited to conformity to the specifications; including timely delivery; product warranty; a bidder's proposed service; ability to supply and provide service; delivery to required schedules and past performances in other contracts with the City or other government entities. City of Boynton Beach Bid No. 050 - 2821- 131JMA Page 9 RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the bid deadline. Inquiries must reference the date by which the bid is to be received. CONFLICT OF INTEREST The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY ". City of Boynton Beach Bid No. 050- 2821- 131JMA Page 10 SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested or destroyed, upon request, will be returned at the bidder's expense. Request for the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of bidder. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation_ The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results_ SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors ". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to bidders at Procurement Services, it is each bidder's responsibility to check with Procurement Services and immediately secure all addenda before submitting bids. It is the usual practice for the City to mail an addendum to known bidders, but it cannot be guaranteed that all bidders will receive ALL addenda in this manner. Each bidder shall acknowledge receipt of ALL addenda by notation on the bid and shall adhere to all requirements specified in each addendum prior to submission of the bid. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's proposal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. City of Boynton Beach Bid No. 054 - 2821- 13 /JMA Page 11 NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at vendor's expense- These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. GOVERNMENTAL RESTRICTIONS. In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. ON PUBLIC ENTITY CRIMES - All Invitations to Bid as defined by Section 287.012(l 1), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for Public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY IVVO for a period of 36 months from the date of being placed on the convicted vendor list ". ADVERTISING: in submitting a bid, the bidder agrees not to use the results as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under NONCONFORMANCE WITH CONTRACT CONDITIONS ". City of Boynton Beach Bid No. 050- 2821- 131JMA Page 12 ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the City. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. OTHER GOVERNMENTAL ENTITIES: If a Bidder is awarded a contract as result of this ITB, Bidder will, if Bidder has sufficient capacity or quantities available, provide to other governmental agencies so requesting, the products or services awarded in accordance with the terms and conditions of the Invitation to Bid and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items /services delivered must meet the specifications herein. Items /services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. DELIVERY: Prices shall be quoted F.O_B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. WARRANTY REQUIREMENTS• Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to City of So nton B h y eac Bid No. 050- 2821- 13 /JMA Page 13 the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start -up time. The period of warranty delay will be coordinated by Procurement Services. PRICES, TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Upon delivery, the City shall make final inspection. if this in shows that the equipment/service has been delivered /performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made by the UTILITIES DEPARTMENT and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or damages have been proven to be the result of negligence by the City. A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. C. DISCOUNTS: Will be considered in determining the lowest net cost. D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry U.L. approval and reexamination listing where such has been established. LICENSE AND PERMITS• It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. COMPLIANCE WITH OCCUPATIONAL. SAFETY AND HEALTH: Bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all City of Boynton Beach Bid No. 050- 2821- 131J1VIA Page 14 costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.HA. and State safety regulations and requirements. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. QUESTIONS: Any questions relative to any item(s) or portion of this bid or Invitation to Bid should be directed to Julianne All ibrand!,Buyer. Monda through Thursday, 7:30 A.M. to 6:00 P.M. at (5611742-6322; E -mail alibrandii(a2bbfl us RENEWAL: The Finance Director may renew the contract, at the same terms, conditions, and prices, for two one -year extensions subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. Bid prices are to be firm for a period of two years from date of bid award. City of Boynton Beach Bid No. 050- 2821- 13 /JMA Page 15 SPECIAL CONDITIONS FOR BIDDERS 1. it will be the responsibility of the successful bidder to supply necessary labor for placement of all equipment as specified. 2. The City by written notice, may terminate in whole or in part any Contract resulting from the invitation, when such action is in the best interest of the City. if the Contract(s) are so terminated the City shall be liable for only payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. 3. It shall be the responsibility of the successful bidder to maintain workers` compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of his personnel are working on City of Boynton Beach property. Loss by fire or an other cause shall be the responsibility of the vendor until such time as the items and/or work has been accepted by the City. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. 4. The City of Boynton Beach reserves the right, before awarding the Contract to require a bidder to submit such evidence of 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 in making the award in the best interest of the City. 5. The successful bidder shall at all times guard from damage or loss of property of the City or of other vendors or Contractors and shall replace repair any loss or damage unless such has been proven to have been caused by the City, other vendors or Contractors. The City may withhold payment or make such deductions as it may deem necessary to insure reimbursement for loss or damage to property through negligence of the successful bidder or his agent. City of Boynton Beach Bid No. 05D- 2821- 13 /JMA page 16 City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of ali contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. "Phis is done by providing a Certificate of Insurance listing the City as "Certificate Holder' and "The City of Boynton Beach is Additional insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B +" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REOUIRED General Liability General Aggregate $ 1,440,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv, Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5.000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability -------------------------__---------------------------------------__----------------------------------------- Automobile Liability ------- ----------- Combined Single Limit - - - -_-- $ 300,000,04 Any Auto Bodily injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non -Owned Autos PIP Basic Intermodal ------------------------- --------- Garage Liability - - - - -- -------------- -------------------- - - - - -- - Auto Only, Each Accident -- $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 ---------------------------------------------------------------------------- Aggregate $ 1,000,000.00 Excess Liability ----------------- Each Occurrence - - to be determined Umbrella Form ----------------------------------- Aggregate to be determined --- ------------ Worker's Compensation - - -- -- ------------------------------------------ -- - - - - -- Employer's Liability Each Accident Statutory Limits $ 100,000.00 Disease, Policy Limit $ 500,000.00 ----------------------- Disease Each Employee $ 100,000.00 Property --------------------------------- Homeowners Revocable Permit $ 300.000.00 Builder's Risk - ----------------------------_--__------------------------------ Limits based on Proj ect Cost Other - As Risk Identified ---------------------------------------------------------- -- ------------------- ------------------------------------------- --- to be determined INSURANCEADVISORYFORM — ------------------------------------------------------ Revised 1112012 City of Boynton Beach Bid No. 050 - 2821- 13 /JMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Page 17 BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425 -0310 Telephone: (561) 742 -6322 Bid Title: THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM Bid Number: 050- 2821- 13 /JMA Bid Received By: JUNE 17, 2013, NO LATER THAN 2:30 P.M. Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. �- Name of Vendor: Federal I.D. Number: A Corporation of the State of: �- Area Code:( Telephone Number: Mailing Address City /State /Zip: r I 4 Vendor Mailing Date: ; J l Authori ignatur Name Typed City of Boynton Beach Pa Bid No. 050- 2821- 131JMA 9 18 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. i A D D E N D A CITY OF BOYNTON BEACH FLORIDA BID No.: 050 - 2821- 13 /JMA BIDDER: Ll 1"'I DATE SUBMITTED: We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete /provide the work specified by the Contract documents. Having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM NO. DATE ADDENDUM No. DATE ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID City of Boynton Beach Bid No. 050- 2821- 13 /JMA Page 19 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. PRICE PROPOSAL FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM To All Bidders: Date: � 3 The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and /or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the product/service in accordance with the specifications for the following pricing: ITEM NO. ITEM DESCRIPTION UNIT OF MEASURE UNIT PRICE I Furnish and install water service Each connection from City installed meter to house valve (gate valve) 5� , Size I" 2 Furnish and install I" schedule 40 Linear foot PVC water pipe and sod restoration over trench Cwt 3 Furnish and install two inch Installation/ materials corporation stop and saddle /less than 4` in depth per unit I t ` 'Q6, co 4 Installation and price, per foot, of Installation: I t 2" service Iine with PVC casing Price per foot: S Price to terminate /abandon existing labor per unit water service S - 6 Furnish and install 6" gate valve_ Installation/materials with box per unit t jt . 7 Installation and price, per foot, of Installation: 6" DIP water main installed with Price per foot: fittings S. aD 8 Installation of fire hydrant Installation only assembly with 6" gate valve X76 complete 9 Installation of sample poin ts Installation onlyO . City of Boynton Beach Bid No. 050- 2829- 13tiMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Page 20 ITEM NO. ITEM DESCRIPTION UNIT OF MEASURE UNIT PRICE l0a "Installation of tapping sleeves SEE NOTE* Non - Paved: and valves/non-paved area It 3, 0 0 -ob l0b "Installation of tapping sleeves SEE NOTE " Paved: -3 and valves/ area , (3 d . tY6 I la Installation or Replacement of I" Installation per unit meter box and lid 3 q , (Yo 11b Replacement of 1" meter lid I lc Re lacement of I" meter box -f a, I. 12a Installation of 2" meter box and lid Installation per unit , LT6 12b Replacement of 2" meter lid - 12c Replacement of 2" meter box p 13a Installation of a single -port MXU Only I 15 . 13b Installation of single -port MXU and register replacement 13c Installation of single -port MXU and re ister and lid re lacement pC , 1�zo 13d Installation of single -port MXU and lid replacement l ' l 14a Installation of a double -port MXU Onlyt , 14b Installation of double -port MXU and one register exchan e , ('50 14c Installation of double -port MXU and two register exchanges 3 14d Installation of double -port MXU, one register and one lid replacement pZ`, 14e Installation of double port MXU, two register exchanges and one lid L replacement 14f Installation of double -port MXU, two registers exchanges and two j lid re lacements S 3 14g Installation of double -port MXU, one register and two lid replacements 14h Installation of double -port MXU and one lid replacement 14i Installation of double -port MXU and two lid replacement {i, City of Boynton Beach Sid No. 050- 2821- 131JMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Page 21 ITEM NO. ITEM DESCRIPTION UNIT OF MEASURE UNIT PRICE 15 Replacement of a 5/8" and I" Register o , 16 Replacement of a 1 -112" & 2" Register 17 Replacement of a Register 3" , 4 ", ", ", 65, 8 10 or 12" register 7] 18 Revisit of Failed Read due to outside factors ire 19 Removal or replacement of 518" riser 20 Removal or replacement of 1" riser ( 5 . cr�D 21 Installation or replacement of 5/8 ", 3/4" water meter SD 22 Installation or replacement of I" water meter $ . 23 Installation or replacement of 1.5" water meter �{ . Cz) 24 installation or replacement of 2" water meter 25 Installation or replacement of 3" water meter 26 Installation or replacement of 4" water meter ] , co 27 Installation or replacement of 6" water meter 0 j() • (-v 28 Installation or replacement of 8" water meterj� 29 Installation or replacement of 10" water meter �} 30 Installation or replacement of 12" water meter { , 31 Installation of 1.5" or 2" Custom Setter 2 06, Items -1-3-1 will be used as bid evaluation. Items 32-39 will be used as dary evaluation criteria 32 Additional cost for hand digging Linear foot trench 33 Additional cost for restoration of Square foot asphalt drivewa s 34 Additional cost for restoration of Square foot concrete driveways/sidewalk to 35 Hourly labor rate Per hour City of Boynton Beach Bid No. 450- 2821- 131JMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Page 22 ITEM NO. ITEM DESCRIPTION I UNIT OF MEASURE UNIT PRICE 36 Hourly rate for trencher, if Per hour needed 37 Hourly rate for backhoe, if Per hour needed 38 Hourly rate for boring machine, Per hour if needed 50 .co 39 Mark up on wholesale cost for Percent Markup additional vegetative restoration (if required), based on invoice Al a provided by vendor indicating ! wholesale cost: *NOTE: To include all labor and appurtenances normally associated with water main replacement programs. Two prices should be provided: (10a) installation in non paved area, and (10b) installation in paved area. Both prices should include restoration to "as found" or better condition. City of Boynton Beach Bid No. 050- 2$29- 131JMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Page 23 ALL PRICES E.O.B. BOYNTON BEACH Original and three (3) copies submitted Ve No Evidence of possession of required licenses to include Underground Utility License YeslNo Specification "check -off' sheets (Pages 5 - 8) submitted: Y Bidders Acknowledgement submitted 49�0 Yes/No Addenda Acknowledgement submitted s /No Price Proposal Sheets submitted eslNo Anti - Kickback Affidavit submitted Ye Non Collusion Affidavit submitted Safety Program Compliance Form and a copy submitted Confirmation of Minority Owned Business submitted Drug Free Workplace submitted Palm Beach County Inspector General Acknowledgement Form submitted Subcontractors form submitted V l{ Yes /No Yes/No s /No ,%4 es /No Yes/No Yes /No \ -? Yes /No 9 COMPANY NAME EMAIL -- TELEPHONE NUMBER GNATU 4 ,-PRINTED NAME C. UC i i 7 J ( T �_. 1 f� L... Florida Contractor's License Number City of Boynton Beach Bid No. 050- 2821- 131JMA TITLE THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Page 24 NON COLLUSION AFFIDAVIT OF PRIME BIDDER State ofi n C ) County of & being first duly sworn, deposes and says that: 1) She / es -- r-�� a- }� T— of i 1r� <. --7 (Title) (Name of Corporation or Firm) the bidder that has submitted the attached RFQIRFP: 2) She/He is fully informed respecting the preparation and contents of the attached RFQIRFP and of all pertinent circumstances respecting such RFQIRFP; 3) Said RFQIRFP is genuine and is not a collusive or sham RFQIRFP; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham RFQIRFP in connection with the Contract for which the attached RFQIRFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached RFQIRFP or of any other bidder, or to fix any overhead, profit or cost element of the RFQIRFP price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached RFQIRFP are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Subscribed and sworn to before me This > day of 20 / 3 (Signed) ! /I (Title) SUSAN B- CAUDELL My commission expire NOTARy PUBLIC STATE OF FLORIDA Comm# EE167874 U ti Expires 2/8/2016 city of Boynton Beach Bid No. 050- 2821- 131JMA Page25 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. ANTI- KICKBACK AFFIDAVIT STATE OF FLORIDA SS COUNTY OF PALM BEACH ) I, the undersigned- hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. c� NAME - SIGNATURE Sworn and subscribed before me , this G day of ,MQ 20 13 SUSAN B. CAUDELL NOTARY PUBLIC STATE OF FLORIDA Comm# EE167874 Expires 218/2D16 IVOTARY PUBLIC, State of Florida at Large SUSAN B. CAUDELL NOTARY PUBLIC STATE OF FLORIDA Comm# EE167874 Expires 2/8 /2016 OFFICIAL NOTARY SEAL" STAMP city of Boynton Beach Bid No. 050- 2$21- 131JMA Printed Information: NAME TITLE .� rl _F_ -� COMPANY THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Page 26 SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non- compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. t AUTHORI ' iGNATURE City of Boynton Beach Bid No. 050- 2821- 131JMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Page 27 CONFIRMATION OF MINORITY OWNED BUSINESS f A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business ? Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN { } BLACK ( } HISPANIC ( ) WOMEN OTHER NOT APPLICABLE (specify) Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification City of Boynton Beach Bid No. 050- 2821 -131J MA Page 28 THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. CONFIRMATION OF DRUG -T=REE WORKPLACE 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 City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo contenders 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) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that is firm complies fully with the above requirements. ` or's Signattir6 City of Boynton Beach Bid No. 050 - 2821- 13 /JMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Page 29 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of the resultant Contract and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination_ CONTRACTOR NAME; By Title: Date: City of Boynton Beach Bid No. 056- 2829- 131JMA THIS PAGE TO BE SUBMITTED FOR BID TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Page 30 SCHEDULE OF SUBCONTRACTINGIMINORITY BUSINESS ENTERPRISE (MBE/WBE) PARTICIPATION BIDDERS ARE TO SUBMIT A DETAILED LISTING OF ANY SUBCONTRACTOR(S) PARTICIPATION OF ANY PORTION OF THIS PROJECT FOR ANY REASON. BID TITLE., THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION BID No.: 050- 2821- 13 /JMA MAIN CONTRACTOR NAME: - 'MINORITY TYPES; 1 BLACK; 2 If[SPANIC' 3 WOMEN; 4 OTHER s ed NAMEIADDRESS/ PHONE OF MINORITY SUBCONTRACTOR TYPE OF WORK STATUS TYPE TO BE CER7IFIE DOLLAR PERFORMER D AMOUNT 4 4 "(see 4 4 Yes No key Yes No above City of Boynton Beach Bid No. 050 2821- 13/JMA Page 31 THIS PAGE TO BE SUBMITTED FOR BID To BE CONSIDERED COMPLETE AND ACCEPTABLE. % OF TOTAL STATEMENT OF NO BID If you are not bidding this service /commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425 -0310. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: ' � J SIGNATURE: DATE: WE, the undersigned have declined to bi on ur Bid No.: 050 - 2521- 13 /JMA for "THE SUPPLY AND INSTALLATION OF WATER SE ICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM" because of the foil ing reasons: Specifications too "tight ", i. ., geared toward brand or manufacturer only (explain below) f� y Insufficient time to resp d to the Invi ti n to Bid We do not offer this roduct or an a uivale Our product sch Jule would not permit us to perform Unable to mpk specifications Unable Vmeet bond requirements -)peomcations unclear (explain below) (specify below) REMARKS City of Boynton Beach Bid No. 050- 2821- 131JMA Page 32 TYPE OF BUSINESS 23.0137 CW UNDERGROUND UTILITY & P.O. Box 3353, West Palm Beach, FL 33402.3353 "LOCATED AT ** www.taxcollectorpbc.com Tel: (561) 355 -2272 241 NW 18TH AVE DELRAY BEACH, FL 33444 -0000 OWNER CERTIFICATION #_ I RECEIPT 410ATE PAID AMT PAID BILL # ELLSWOR'I'H SCOTT CUC057105 012.609856.07124112 $185.85 840039137 This document is valid only when recelpted by the Tax Collector's Office. LINE TEC INC LINE TEC INC 241 NW 16TH AVE DELRAY BEACH, FL 33444 -1683 aa��aarB�arlaalr�rr�a�ra0arr��a0�rr�rri r9fl�t STATE OF FLORIDA PALM BEACH COUNTY 2012/2013 LOCAL BUSINESS TAX RECEIPT BI - 255 LBTR Number: 200519259 EXPIRES: SEPTEMBER 30.2013 This receipt does not constitute a franchise, agreement, permission of authority to perform the services or operate the business described herein when a franchise, agreement or other county commission, state or federal permission of authority is required by county, state of federal law. �;N—ViTTGONAL "K I r#s M3 GANNON P.O. Box 3353, West Palm Beach, FL 33402 -3353 se www.texcollectorpbc.com Tel: (561) 355 -2272 This document is valid only when recelpted by the Tax Collector's Office, LINE TEC INC LINE TEC -INC 241 NW 18TH AVE DELRAY BEACH, FL 33444 -1683 > te�l> trr�lrrOr[ Irtai�a�ar�ytr��i��ar�ra�rtieEtr 9 B2 - 254 **LOCATED AT"* 241 NW 18TH AVE DELRAY BEACH, FL 33444 -0000 RECEIPT #1DATE RAID AMT PAID BILL # U12.609968-07124112 $264.60 I 640038185 STATE OF FLORIDA PALM BEACH COUNTY 2092/2013 LOCAL, BUSINESS TAX RECEIPT LBTR Number: 200913315 EXPIRES: SEPTEMBER 30.2013 This receipt does not constitute a franchise, agreement, permission of authority to perform the services or operate the business described herein when a franchise, agreement or other county commission, state or federal permission of authority is required by county, state of federal law. The City of Boynton Beach Procurenjew Services 100 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425 -0310 Telephone: (561) 7424310 PAX: (561) 742 -6316 ADDENDUM No.1 IRATE: June 6, 2013 BID TITLE: THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM BID NUMBER: 050- 2821- 131JMA The following changes, additions, deletions, andlor information are hereby made a part of the BID for the "THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM ". CLARIFICATION TQ THE SPECIFICATIONS No. 17 of the Specifications (page 7) amended to read: The contractor will be required to utilize Mobile311, an electronic work order database that records installation data. (Mobile311 contact information: 919 - 238.0444). During the initial change out of an estimated 17,500 units, three (3) Mobiie311 licenses /accounts will be provided by the City for use by the contractor. The contractor will be responsible for reimbursement to the City for any additional licenses at a monthly rate of $60.00 per license used during the meter, MXU and register installation. The license is per tablet, and the contractor will be accessing the City's database system. It is the responsibility of the contractor to have data access connectivity in a Droid platform environment for the entire City of Boynton Beach Utilities Service Area. Upon completion of the initial change -out, the contractor will relinquish the City licenses and return the accounts to the City. For each meter location, the contractor shall electronically capture the previous meter reading (along with a digital photograph of the register face clearly showing the read) new register serial number, new MXU serial number, meter location note changes, and other relevant information to the account. After work is complete, the Contractor is required to change the work order to the proper status for query purposes. All information requested must be completely filled out and correct for the installation to be considered complete and eligible for payment. Addendum No. 1 F'age 2 Addendum No. 1, continued ADDITION TO THE SPECIFICATIONS E 31. The City of Boynton Beach requires a Permit to perform work on water lines from the meter to the house. A Plumber's License is required to secure the Permit. If you have any questions, please call Julie Aiibrandi, at (561) 742 -6322, Monday through Thursday from 7:30 a.m. to 6:00 p.m., or e-mail alibrandiina.bbfl.us CITY OF BOYNTON BEACH Tim W. Howard Director of Financial Services Addendum No. 1 Page 3 Addendum No. 9 continued ACKNOWLEDGEMENT OF ADDENDUM No. 9 INVITATION TO BID FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION FOR A TWO YEAR TERM BID NO.: 050- 2821- 131JMA RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM #7" WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. NAME OF COMPANY: n PRINT NAME OF REPRESENTATIVE DATE S NAT OF R NTATIVE Addendum No. 1 The Supply and Installation of Water Service Connections and Restoration Bid# 050 - 2821.13 /JMA Residential Water Service Methodolo : Furnish and Install Water Service Pipe, Installation/replacement of water service. For bid items 940 through 42 installation of SCH 40 P.V.C. pipe performed using trenchless methodologies providing a minimum of 12 inches of cover, including all fittings, price is per linear foot. Excludes meter, house and/or sprinkle connections refer to bid items # I and 43. Reconnection of Existing Sprinkler Connection. For bid item # 43 Includes excavations of sprinkler connection, installation of required fittings and final connection to sprinkler system. Excludes any additional piping refer to items # 2, 40, 41, 42 as required. Installation of Hose Bib. For bid item # 44 Includes installation of 3 /d" copper riser pipe, 3/4" copper fittings as required, 3/" Dose bid, two copper pipe straps and connection to existing water source with three feet. Replacement of House Isolation Valve. For bid item # 45 Includes installation of 3/4" copper riser pipe, 3/4" copper fittings as required, removal and replacement of house isolation valve. Relocation of Existing Backflows. For bid items # 47 and 48. Includes excavation of existing unit, relocation of unit, reconnection including required fittings, supports, and straps. Excludes backflows testing, if required refer to bid item # 90 and 91. Water Service Methodolo : Furnish and Install 1" and 1 -1 /2" Corporation Stop and Saddle Less Than 4' Deep. For bid item # 49 and 50 includes excavation of existing water main, install appropriate saddle (2" thru 10 ") to main, and install corporation stop, wet tap, backfill and compaction. Excludes restoration of any concrete or asphalt refer to bid items # 33, 34, 69, 70 if required. Installation of 2" RS Gate Valve and Saddle with Valve Box. For bid item # 51 includes excavation of existing water main, install appropriate saddle (2" —10 ") to main, install 2" RS gate valve, wet tap, cast iron valve box assemble with lid, backfill and compaction. Excludes concrete valve pad refer to bib item # 131 if required or restoration of any concrete or asphalt refer to bid items # 33, 34, 69, 70 if required. Installation of 2" P.E. Water Service Short Side. For bid item # 52 includes excavation/boring, 2" P.E. pipe, connection to existing corporation stop, connection to existing ball meter valve, price per linear foot. Excludes restoration of any concrete or asphalt refer to bid items # 33, 34, 69 and 70 if required. The Supply and Installation of Water Service Connections and Restoration Bid# 050 - 2821- 13 /JMA Water Service Methodology: (Continued) Installation of I" P.E. Water Service Short Side. For bid item # 53 includes excavation/boring, I" P.E. pipe, connection to existing corporation. stop, connection to existing ball meter valve, price per linear foot. Excludes restoration of any concrete or asphalt refer to bid items # 33, 34, 69 and 70 if required. Installation of I" P.E. Water Service Long Side with SCH 40 1.5" Casing For bid item # 54 includes excavation of both sides of roadway to a depth of a minimum of 24" to the top of the casing pipe, direction bore to install 1.5" SCH 40 casing, install V P.E, pipe, connection to existing corporation stop, connection to existing ball meter valve, price per linear foot. Excludes restoration of any concrete or asphalt refer to bid items # 33, 34, 69 and 70 if required. Installation of I" Ball Meter Valve. For Bid Item # 55 Includes all components for the installation of either a I" Straight ball meter valve with I "yoke bar and 1" outlet or 1" straight ball meter valve and tail pipe or I" U- Branch 3/" X %" with tail pipes, covers all assembly and connections. Excludes meter installation or meter box installation refer to bid items # 21, 22, 11a and 12a. Installation of I.5" or 2" Ball Meter Valve. For Bid Item # 56, 57 Includes all components for the installation of either a 1.5" or 2" Straight ball meter valve CST X FIP with tail pipe or CST X Meter Flange with meter flange, covers all assembly and connections. Excludes meter installation or meter box installation refer to bid items # 23, 24, 12a. Water Main MethodoloE : Installation of 4" C900 PVC Pipe with Fittings. For bid item # 58 includes normal excavation to provide 36" of cover, pipe fittings as required (excluding offsets), backfilI and compaction of trench. Excludes density tests refer to item # 67 and any sod, asphalt or concrete restorations refer to bid items # 33, 34, 69, 70 and 145. Installation of 6" C900 PVC Pipe with Fittings. For bid item # 59 includes normal excavation to provide 36" of cover, pipe fittings as required (excluding offsets), backfill and , compact iOn of trench. Excludes density tests refer to item # 67 and any sod, asphalt or concrete restorations refer to bid items # 33, 34, 69, 70 and 145. Installation of 8" C900 PVC Pipe with Fittings. For bid item # 60 includes normal excavation to provide 36" of cover, pipe fittings as required (excluding offsets), backfill The Supply and Installation of Water Service Connections and Restoration Bid# 054 - 2821- 131JMA Water Main Methodology: (Continued) and compaction of trench. Excludes density tests refer to item # 67 and any sod, asphalt or concrete restorations refer to bid items # 33, 34, 69, 70 and 145. Installation of 4" and 8" CL350 DI Pipe with Fittings. For bid item # 61 and 62 includes normal excavation to provide 30" of cover, pipe fittings as required (excluding offsets), backfill and compaction of trench. Excludes density tests refer to item # 66 and any sod, asphalt or concrete restorations refer to bid items # 33, 34, 69, 70 and 145. Installation of Fire Hydrant with Materials. For bid item # 63, Includes excavation, standard fire hydrant American Darling B84 -B or equal, 6" DIP pipe, mega lugs (2), connection to MJ gate valve, backfill and compaction. Excludes 6" MJ gate valve refer to bid item # 6 and any sod, asphalt or concrete restorations refer to bid items # 33, 34, 69, 70 and 145. Installation of 2" Blow Off Assembly. For bid item # 64 Includes installation of 2" ball valve, 90 degree brass fitting, 2" brass nipple, 2" brass plug 11" X 18" meter box with lid. Excludes 2" tap, corporation stop or 2" P.E. pipe refer to bid items # 4 and 52. Installation of 4" MJ Gate Valve with Box. For bid item # 65 includes 4" MJ gate valve, two 4" mega lugs, and valve box assembly with lid.. Excludes concrete valve pad refer .to bib item # 131 if required or restoration of any concrete or asphalt refer to bid items # 33, 34, 69 and 70 if required. Installation of 8" MJ Gate Valve with Box. For bid item # 66 includes 8" MJ gate valve, two 4" mega'lugs, and valve box assembly with lid.. Excludes concrete valve pad refer to bib item # 131 if required or restoration of any concrete or asphalt refer to bid items # 33, 34, 69 and 70 if required. Density Testing. For bid item # 67 this item is to be used in conjunction with projects requiring density tests be performed. Includes scheduling, proctor test and performing density testing on project sites as needed and provide detailed reports for each test performed, unit cost is per test with no standby time. Proctor Testing.: For bid item 968 this item is to be used when the project requires that an asphalt patch is necessary in an area that requires density tests and will require a proctor for that test cost is per test. Restoration of Asphalt in the Roadway. Item # 69 and 70. Cost is base on a minimum charge or a per square foot charge. Cost will include 1.5" of hot asphalt and 6" of roadrock compacted to acceptable minimum standards. The Supply and Installation of Water Service Connections and Restoration Bid# 050- 2521- 131JMA Water Main Methodology: (Continued) Engineering Fee's Item # 71. This is when the contractor will be required to retain an engineer certified drawing etc. this is a cost plus item. Reuse Water Service Methodology: Furnish and Install Reuse Service Pipe, Installation of reuse service. For bid items #72 through 75 installation of SCH 40 Purple P.V.C. pipe performed using trenchless methodologies providing a minimum of 12 inches of cover, including all fittings, price is per linear foot. Excludes meter or sprinkle connections refer to bid items # 76. Reconnection of Existing Sprinkler Connection. For bid item # 76 includes excavations of sprinkler connection, installation of required fittings and final connection to sprinkler system. Excludes any additional piping refer to items # 2, 40, 41, 42 as required. Installation of Hose Bib Marked Reuse. For bid item # 77 Includes installation of %" copper riser pipe, 3/4" copper fittings as required, 3/4" hose bid, two copper pipe straps and • connection this hose bib will have a tag marking it as a reuse non - potable source. Installation of 3/4 " -2" In -Line Check Valve on potable Customer Line (Labor Only) Bid # 78 -82 All check valves shall be provided to the contactor at no additional cost. Includes notification to customer water will be shut off, excavation of meter box, turn of meter at curb stop, remove existing meter, install new 5/8" In -Line Check Valve. Make connection to customer's line, reinstall water meter using new washers, re- establish water to customer, flush lines and record all meter information on work order for processing. Excludes installation/replacement of meter box/lids, Water Meter and Backflow Methodology: Installation of 5/8" or 3/4" In -Line Check Valve on Customer Line (Labor Only) Bid # 83 All check valves shall be provided to the contactor at no additional cost. Includes notification to customer water will be shut off, excavation of meter box, turn of meter at curb stop, remove existing meter, install new 5/8" or 3/4" In -Line Check Valve. Make connection to customer's line, reinstall water meter using new washers, re- establish water to" customer, flu ;h lines and record all meter information on work order for processing. Excludes installation/replacement of meter box/lids, RPZ backflows, meter risers or installation of resetter if required refer to bid items # 11b, 88, 19, 20. Installation of 1" In -Line Check Valve on Customer Line (Labor Only ) Bid # 84 All check valves shall be provided by the contactor. Includes notification to customer water will be shut off, excavation of meter box, turn of meter at curb stop, The Supply and Installation of Water Service Connections and Restoration Bid# 050- 2821- 13 /JMA Water Meter and Backflow Methodology: (continued) remove existing meter, install new 1" In -Line Check Valve. Make connection to customer's line, reinstall water meter using new washers, re- establish water to customer, flush lines and record all meter information on work order for processing. Excludes installation/replacement of meter box/lids, RPZ backflows, meter risers or installation of resetter if required refer to bid items # 11 a, 11 b, 88, 19, 20. Installation of 1- 1/4 " -2" In -Line Check Valve on Customer Line (Labor Only) Bid #85- 87. All check valves shall be provided to the contactor at no additional cost. Includes notification to customer water will be shut off, excavation of meter box, turn of meter at curb stop, remove existing meter, install new 1 -1/4 "- 2 ", In -Line Check Valve. Make connection to customer's line, reinstall water meter using new washers, re- establish water to customer, flush lines and record all meter information on work order for processing. Excludes installation/replacement of meter box/lids, RPZ backflows, meter risers or installation of resetter if required refer to bid items # 12a, 89, 31. Installation of 3/4" or I" RPZ Backflows. For bid # 88 includes all components to install 3/4" or 1" RPZ backflow, RPZ backflow, all copper pipe risers, copper fittings, brackets /straps, connections to meter and customers' line. Excludes backflow testing if required refer to bid item # 90 and 91. Installation of 1.5" or 2" RPZ Backflows. For bid # 89 includes all components to install 1.5" or 2" RPZ backflow, RPZ backflow, all copper pipe risers, copper fittings, brackets /straps, connections to meter and customers' line. Excludes backflow testing if required refer to bid item # 90 and 91. Testing New or Existing Backflow Units. For bid # 90 and 91 includes testing of RPZ backflow, notification to customer water will be shut off, performing test and recording on test results including passed or failed. Excluding backflow repairs if required refer to bid item # 92, 93. Repair Existing Backflow Preventer (Labor Only). For Bid # 92 is for performing the repair of a leaking or failed backflow preventer (cost is per hour) also excluding parts which are covered under line item #93. Additional, Cast for Backflow Preventer Repair Part. For Bid 493 is the additional cost associated with the repair of the backflows, cost is parks times a percentage. Directional Pipe Boring Methodology: Installation of %2" — 3" Schedule 40 PVC by Directional Boring, Bid 494 -98 included the excavation of the ground to a minimum depth of 18" using a pneumatic missile to bore The Supply and Installation of Water Service Connections and Restoration Bid# 050- 2821- 13 /JMA Directional Pipe Boring Methodology: (continued) the assigned area and installation of the proposed pipe, cost includes the excavation, pipe and line locations that are required. If Schedule 80 PVC is required refer to Bid #100. Pot holing to Located Existing Utilities. Bid # 99 is for the excavation of a conflict line or just to determine type, size or location of a buried utility, work can be by soft digging or manual excavation, use of the best method to be decided on a job to job basis, cost is per pot hole. Additional Cost per Foot of Schedule 80 PVC. Bid 4100 includes the additional cost associated with the upgrade of pipe_ This is associated with Bid 494 -98 cost is per foot. Fire Hydrant Maintenance and Repair Section- Fire Hydrant Flushing. Bid #101 is per AWWA M17 codes; cost includes just the flushing of the hydrant for a time frame between 3 and 5 minutes each. Fire Hydrant Flow Test, Pressure Test and Nozzle Lubrication. Bid #102 is per AWWA M17 codes; cost includes the flushing of the hydrant, then doing a flow test, and pressure test, all records. Also the lubrication of the nozzles with approved food -grade grease. Cost is per hydrant. Fire Hydrant Flow Test, Pressure Test with Residual flow test and Nozzle Lubrication. Bid #103 is per AWWA M17 codes; cost includes the flushing of the hydrant, then doing a flow test, and pressure test and residual, all records_ Also the lubrication of the nozzles with ap ))roved food -grade grease. Cost is per hydrant. Fire Hydrant Audit (includes Audit, Maintenance of Hydrant Only). Bid #104, this audit will include the following; Location of each hydrant using GPS coordinates or address, location of the isolation valve and exercise if present, not presence and type of tamper proof device, check height of nozzle clearance, nozzle direction and operating clearances. Remove caps and lubricate nozzles. Fire hydrant flow, pressure test. Identify make, model and year of manufacture. Make note of exterior and miscellaneous conditions. If necessary Replace (if defective) blue reflective road marker, install (if not present) see Bid #114, If necessary Replace (if defective) hydrant ID tag, or install (if not present) hydrant-HY Tag, `see Bid #115. If hydrant is found inoperative during the audit it will be identified and marked and tagged as such. The City will be notified before the end of the working day of any hydrants discovered to be out of service. Make note of any defects and report as such. Cost is per hydrant. Does not include hydrant painting. The Supply and Installation of Water Service Connections and Restoration Bid# 050- 2821- 13lJMA Fire Hydrant Maintenance and Repair Section: (continued) Fire Hydrant Painting, Wire, and Scrape. Bid #105, This procedure is for the painting of any hydrants deem necessary for painting, work to include the removal of loose paint by either wire brush or scraping with a metal blade, Note does not include sandblasting. The hydrant will be painted with the City approved color scheme. Cost does not include the painting of bollards see Bid #106. Fire Hydrant Painting of Bollards. Bid #106, this cost is for the painting of safety bollards that are placed around fire hydrants. Cost is per bollard. Upper Barrel Repair on Existing Hydrant. Bid #107 is for the repair of a damaged hydrant on the upper barrel of the hydrant this will 'include the following repairs; Replace any missing or deteriorated flange nuts and bolts, replacement of friction washer and lubricate operating nut, remove the nozzles and grease, secure any loose nozzles, reposition hydrant to the correct location, Disassemble and lubricate complete bonnet area. Note, if upper barrel main component is damaged, cost is for the removal and replacement of the damaged part excluding the upper barrel part itself, see item 4150 for cost. ' Lower Barrel Repair on Existing Hydrant. Bid 4108 is for the repair of a damaged hydrant on the lower barrel of the hydrant this will include the following repairs; replacement of and broken traffic flanges, flange gaskets and couplings where necessary, . straighten hydrant if necessary, replacement of damaged or leaking main seats. Does not include the cost of the part of the upper valve plate or the stem, see item # 107. Installation of traffic repair kit when not associated with lower barrel repair. Bid #109 this cost is for the installation of a broken traffic repair kit only with traffic coupling. Cost is per hydrant. Installation of Fire Hydrant Extension Kits. Bid # 110 -113, cost is for excavation, the removal of the existing upper barrel and installation of the extension kit to get the hydrant to the necessary approved height, cost to include all components and labor. Cost is per Hydrant. Note if concrete pad is removed to install extension see bid # 131 for cost to reinstall pad. Installation of Blue Reflective Road Marker. Bid #114. Road reflectors are to be placed in the road facing oncoming traffic, cost to include the markers and the adhesive. Installation of Metal Hydrant 1D tags. Bid 4115. These tags are attached to the hydrant to identify the hydrant by the approved numbering system either created by the contractor or the City. Tag is to be stamped and glued to the hydrant in the approved location. Cost to include the tag and glue. The Supply and Installation of Water Service Connections and Restoration Bid# 050-- 2821- 131JMA Fire Hydrant Maintenance and Repair Section: (continued) Installation of Fire Hydrant Security System (Labor Only). Bid #116 City supplied Fire Hydrant security system to be installed on the approved hydrants. Cost is for labor only. Installation of Fire Hydrant Security System with Flow Test (Labor Only) Bid 9117 same as Bid #116 but with a Flow Test on the hydrant before installation of the Security system. Cost is per hydrant. Installation of Fire Hydrant Security System (Labor plus parts) Bid #118. Cost to include the labor for the installation plus a percentage above cost for contractor to purchase hydrant security parts and install. Installation of 6" Inline Fire Hydrant Check Valve (Parts and Labor). Bid #119. Cost to include the cost to excavate and install a Check valve in front of the shoe of the fire hydrant for security purposes. Cost to include all restraints, materials and labor to complete this job. Bid # 114 -118, 126 -132. Not included Additional Cost for Hydrant Repair Parts not covered under the above line items for . Hydrants. Bid #120. This is a cost plus percentage item for any part that the City and contractor agree is above and beyond the normal for the work to be completed. Replacement of Existing Fire Hydrant Utilizing Existing Isolation Valve. Bid #121 this is for the replacement of a City noted hydrant for replacement costs are to include the following; determine the necessary hydrant requirement for the replacement such as type and height of the hydrant, note hydrant has to be to the approved spec's of the City and on the approved materials list. Excavation of the site after line location are called in by the contractor and securing the isolation valve if not already secured. Exercise the isolation valve to verify that the valve works to capacity. Removal of the damaged hydrant to be disposed of by the contractor, and replacement with the new hydrant. Hydrant is to be plumbed and restrained to the requirements of the City. Valve box and pad replaced if damaged missing see Bid #I26 -132. Relocation of Existing Fire Hydrant Utilizing Existing Isolation Valve. Bid 4122 is for the relocation of a City noted hydrant costs are to include the following; determine the necessary hydrant location and if the isolation valve is restrained if not restrain before removal, note hydrant has to be to the approved spec's of the City. Excavation of the site after line locations are called in by the contractor. Exercise the isolation valve to verify that the valve works to capacity_ Removal /relocation of the hydrant. Hydrant is to be plumbed and restrained to the requirements of the City. Valve box and pad replaced if damaged missing see Bid #126 -132. The Supply and Installation of Water Service Connections and Restoration Bid# 050-- 2821- 13 /JMA Valve Maintenance and Repair Section; *NOTE* ANY OF THE ABOVE JOBS THAT REQUIRE A MOT MUST USE LINE ITEMS 146 -149 FOR PAYMENT. Valve Audit (includes audit, maintenance, and valve exercise) Bid #123 the Valve Audit (includes Audit, Maintenance of Valve Only). This audit will include the following; Location of each valve using GPS coordinates or addresses, location of the valve and exercise, exercise to be two complete runs of the valve. Clean out the valve box within normal of any debris, if debris is above normal get approval from the City and use in addition to the audit Bid 4123. Make note dangerous conditions. If valve is found inoperative during the audit it will be identified. The City will be notified before the end of the working day of any valves discovered to be out of service. Make note of any defects and report as such. Cost is per valve. Valve Tag. Bid #124, per the Cities spec, installation of a brass tag giving the size and number of turns to open/close and the direction of operation to close. Cost is per tag. NOTE tag to be attached per approved methods. . Valve Exercise ONLY (no Audit) Bid 4125. Same as the Valve audit without the audit. Installation of New Valve Box, Bid # 126, 127. Cost is for the removal of the old and or damaged valve box and installation of a new per specs valve box cost to include the replacement of either sod or asphalt cold patch as required. Cost is per valve box. Raising of the valve box, Bid #128, 129. Work to include the adjustment of the valve box to appropriate grade in either grass or asphalt. Cost to include the restoration of the site to as was or better conditions. Cost is per valve. Installation of Valve box riser. Bid 4130. Work to include the installation of a factory built riser between 1" and 2" to be supplied by the Contractor. Cost is per Valve. Installation of Concrete Valve Pad Bid #131. Cost to include all labor and materials to pour a concrete pad around an existing valve box. Pad cost is on a 2' x 2' x 6" pour. Asphalt Patch around existing Valve Box Bid #132. Cost to include all and materials to asphalt cold patch around a valve box estimated size of 2' x 2' x 1" roadway /drivewav to be' square cut in a uniform manner to 2' and compacted and road rocked to approved standards. Cost is per valve. Vacuum out debris from valve box Bid # 133. Price to be given for the vacuum excavation of a valve box of any debris that has accumulated inside of an existing valve The Supply and Installation of Water Service Connections and Restoration Bid# 050 - 2821- 13 /JMA Valve Maintenance and Repair Section; (continued) box. Work to include the removal of debris from the box down to the operating nut of the valve_ Cost is per valve. Machine excavation to a maximum depth of 3'11 ", Bid # 134, for work to be done on various line items where excavation is not included, work to include the excavation of the soil after the appropriate line locates are called and then backfill and compact to the approved spec. Cost is per excavation. This cost is based on soil conditions, rock conditions are on a per agreement cost if excessive. Machine excavation between 4' and 7' without the need for Wellpoint's. Bid #135, for work to be done on several line items where excavation is not included, work to include the excavation of the soil after the appropriate line locates are called and then backfill and compact to the approved spec. Cost is per excavation. Hourly Rates for Personal, Bid #'s 35, 136 -138, this is for the rate to be charged per hour for labor on any jobs that are not covered under the scope of this contract on an as needed basis. Hourly Rate for Equipment, Bid #'s 139 -144; this is for the rate to be charged per hour for the listed equipment, on any jobs that are not covered under the scope of this contract on an as deeded basis. NOTE: Three hour minimum for all equipment. Sod Restoration, Bid #145, this is a cost to do sod restoration to or better than existing conditions, cost are based on a per foot cost. Additional cost for MOT Bid # 146 -149. These items are to be used in conjunction with the approved line items above where it is necessary to set up and maintain and MOT for safety purposes. Cost is per item used, per day or each. Material Cost Bid # 150, this is for any materials not covered under the scope of this contract on an as needed basis at a material plus percentage cost, based on a per item price. ALTERNATIVE BID ITEMS FOR BID #050 - 2821- 13 /JMA Bid RESIDENTIAL WATER SERVICE SECTION UNIT UNIT PRICE 40 FURNISH AND INSTALL 1 -1/4" SCH 40 PVC WATER SERVICE PIPE LF 5 v 1 41 FURNISH AND INSTALL 1 -1/2" SCH 40 PVC WATER SERVICE PIPE LF EE q E 42 FURNISH AND INSTALL 2" SCH 40 PVC WATER SERVICE PIPE LF I »N ^ Y J 43 RECONNECT EXISTING SPRKINKLER CONNECTION AT THE HOUSE EA 44 (INSTALLATION OF NEW HOSE BIB EA — — -- — 45 1REPLACEMENT OF HOUSE ISOLATION VALVE EA 46 INSTALLATION OF VACUUM BREAKER ON HOSE BIB I EA I 47 I RELOCATE EXISTING 3/4" OR 1" RPZ BACKFLOW � EA 5 i 1 T i 1 Iao _ -.. 48 RELOCATE EXISTING 1.5" OR 2" RPZ BACKFLOW I EA 1'7 S • UU [Bid WATER SERVICE SECTION UNIT UNIT PRICE 49 FURNISH AND INSTALL 1" CORPORATION STOP AND SADDLE LESS THAN 4' DEEP EA L� asp 50 TURNISH AND INSTALL 1 -1/2" CORPORATION STOP AND SADDLE LESS THAN 4' DEEP EA 51 INSTALLATION OF 2" RS GATE VALVE AND SADDLE COMPLETE WITH VALVE BOX EA I 52 INSTALLATION OF 2" P. E. SERVICE LINE W/O CASING FOR SHORT SIDE LF --� 53 INSTALLATION OF 1" P. E. SERVICE LINE W/O CASING FOR SHORT SIDE LF 54 !INSTALLATION OF 1" P.E. SERVICE LINE- WITH 1 -1/2 "CASING FOR LONG SIDE - LF f , �•r� �- 55 1INSTALLATION OF 1" BALL METER VALVE EA 56 lINSTALLA11ON OF 1 -1/2" BALL METER VALVE EA IS 57 !INSTALLATION OF 2" BALL METER VALVE EA i 3 7 S •ctv BEd WATER MAIN SECTION UNIT UNIT PRICE 58 INSTALLATION OF 4" C900 PVC PRICE PER FOOT WITH FITTINGS LF 3 3 l7YJ —� 59 jINSTALLATION OF 6" C900 PVC PRICE PER FOOT WITH Fit I NGS I LF . 60 ;INSTALLATION OF 8" C900 PVC PRICE PER FOOT WITH FITTINGS LF _�� • lon 61 INSTALLATION OF 4" CL350 DI PRICE PER FOOT WITH FITTINGS i LF Lt 0 OJ 62 INSTALLATION OF 8" CL350 DI PRICE PER FOOT WITH FITTINGS LF S • �} 63 ;INSTALLATION OF FIRE HYDRANT WITH MATERIALS (EXCLUDING 6" GATE VALVE) EA 64 (INSTALLATION OF 2" BLOW OFF ASSEMBLEY T EA 65 {INSTALLATION OF 4" GATE VALVE WITH BOX EAp �1 — —� 66 INSTALLATION OF 8" GATE VALVE WITH BOX EA j 67 DENSITY TESTING, COST PER TEST EA� 68; PROCTOR TESTING, COST PER TEST EAC�j s 69 #RESTORATION OF ASPHALT ROADWAY W /6" ROCK/1.5 ASPHALT (> THAN 100 SQ FT) 70 iRESTORATION OF ASPHALT ROADWAY W /6" ROCK/1.5 ASPHALT (MINIMIUM UP TO 100 SQ F) EA 71 ENGINEERING FEE'S (COST PLUS %) % � } _pL o c7o .Bid REUSE WATER SERVICE SECTION uNIT EE UNIT PRICE E 72 FURNISH AND INSTALL 1 SCH 40 PVC REUSE (PURPLE) SERVICE PIPE m LF 73 (FURNISH AND INSTALL 1 -1/4" SCH 40 PVC REUSE (PURPLE) SERVICE PIPE LF 74 FURNISH AND INSTALL 1 -112" SCH 40 PVC REUSE (PURPLE) SERVICE PIPE LF l- 75 FURNISH AND INSTALL 2" SCH 40 PVC REUSE (PURPLE) SERVICE PIPE LF S� tn.7 76 — RECONNECT EXISTING SPRKINKLER CONNECTION AT THE HOUSE — — — _ EA li -� -� -- 77 €INSTALLATION 78 OF NEW HOSE BIB MARKED REUSE INSTALLATION OF 5/ 8" OR 314" CHECK VALVE ON HOUSE LINE ONLY) EA EA S LM (LABOR 79 INSTALLATION OF 1" CHECK VALVE ON HOUSE LINE (LABOR ONLY) i EA -75. 0 80 81 JINSTALLATION OF 1 -1/4" CHECK VALVE ON HOUSE LINE (LABOR ONLY) INSTALLATION OF 1 -1/2" CHECK VALVE ON HOUSE LINE (LABOR ONLY) EA EA 82 C INSTALLATION OF 2" CHECK VALVE ON HOUSE LINE (LABOR ONLY) EA , ( co 0-6 di WATER METER AND BACKFLOW SECTION UNIT UNIT PRICE i 83 1INSTALLATION OF 5/8" OR 3/4" CHECK VALVE ON CUSTOMERS LINE (LABOR ONLY) EA � f,_� 84 INSTALLATION OF 1" CHECK VALVE ON CUSTOMERS LINE (LABOR ONLY) EA 85 86 INSTALLATION OF 1 -1/4" CHECK VALVE ON CUSTOMERS LINE (LABOR ONLY) INSTALLATION OF 1 -1/2" CHECK VALVE ON CUSTOMERS LINE (LABOR ONLY) EA EA EE 87 INSTALLATION OF 2" CHECK VALVE ON CUSTOMERS LINE (LABOR ONLY) EA �� 88 INSTALLATION OF 3/4" - 1" RPZ BACKFLOWS E4 I C 89 1INSTALLATION OF 1.5" - 2" RPZ BACKFLOWS EA )b . 'ro 90 91 92 93 Bid 94 95 96 97 98 99 100 Bid 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 TESTING NEW OR DUSTING RPZ BACKFLOW 3/4" - 1" EA TESTING NEW OR EXISTING RPZ BACKFLOW 1 -1/4" - 2" EA LTC, REPAIR EXISTING 3/4 " -2" BACKFLOW (LABOR ONLY) HR 6 $ � t;rD ADDITIONAL COST FOR BACKFLOW REPAIR PARTS NOT COVERED UNDER LINES % DIRECTIONAL. PIPE BORING SECTION UNrr UNIT PRICE � E1/2" - 1" SCHEDULE 40 PVC CASING PIPE DIRECTIONAL BORING LF 4 —� 1 -1/4" - 1 -1/2" SCH 40 PVC CASING PIPE DIRECTIONAL BORING ! LF i2" SCH 40 PVC CASING PIPE DIRECTIONAL BORING LF I S tz) E2 -1/2" SCH 40 PVC CASING PIPE DIRECTIONAL BORING LF ` 3" SCH 40 PVC CASING PIPE DIRECTIONAL BORING LF r POT HOLING TO LOCATE EXISTING UTILITIES EA c2 5 IADDI IONAL COST PER FOOT FOR SCHEDULE 80 PIPE ITEM # 78 -82 - -- I LF V FIRE HYDRANT MAINTENACE AND REPAIR SECTION UNIT UNIT PRICE I FIRE HYDRANT FLUSH (ONLY) EA i FIRE HYDRANT FLOW TEST, PRESSURE TEST AND NOZZLE LUBRICATION I EA E ADDITIONAL COST FOR FIRE HYDRANT FLOWTEST W /RESIDUAL TEST f-� I EA FIRE HYDRANT AUDIT (INCLUDES AUDIT, MAINTENANCE OF HYDRANT ONLY) EA FIRE HYDRANT PAINTING, WIRE AND SCRAPE EA 5 �� PAINTING OF FIRE HYDRANT BOLLARDS EA -7.0-6 UPPER BARREL REPAIR ON EXISTING FIRE HYDRANT EA 0 !LOWER BARREL REPAIR ON EXISTING FIRE HYDRANT EA 55Q (INSTALLATION OF TRAFFIC REPAIR KIT EA �Q i INSTALLATION OF 6" FIRE HYDRANT EXTENSION EA i IINSTALLATION OF 12" FIRE HYDRANT EXTENSION EA C J s0 !INSTALLATION OF 18" FIRE HYDRANT EXTENSION 1 EA 1 INSTALLATION OF 24" FIRE HYDRANT EXTENSION EA O6 INSTALLATION OF BLUE REFLECTIVE ROAD MARKER EA E � INSTALLATION OF METAL HYDRANT I.D. TAG EA _ 11E 117 11E 1 12C 121 122 Bid 123 124 125 12E 127 12E 125 13C 131 132 132 134 135 Bid 13E 137 13E 13S 14C 141 141 INSTALLATION OF FIRE HYDRANT SECURITY SYSTEM (LABOR ONLY) EA INSTALLATION OF FIRE HYDRANT SECURITY SYSTEM WITH FLOW TEST (LABOR ONLY) EA INSTALLATION OF FIRE HYDRANT SECURITY SYSTEM (LABOR +PARTS x 10 %) EA11'� INSTALLATION OF 6" INLINE FIRE HYDRANT CHECK VALVE (PARTS AND LABOR) EAi ADDITIONAL COST FOR HYDRANT MATERIALS NOT COVERED UNDER THE LINE ITEMS % r i REPLACEMENT OF EXISTING FIRE HYDRANT UTILIZING EXISTING ISOLATION VALVE EA RELOCATION OF EXISTING FIRE HYDRANT UTILIZING EXISTING ISOLATION VALVE VALVE MAINTENANCE AND REPAIR SECTION EA UNIT ' UNIT PRICE i !VALVE AUDIT (INCLUDES AUDIT, MAINTENANCE, VALVE EXERCISE EA , 0-0 VALVE TAG (BRASS) EA Z CV ` VALVE EXERCISE ONLY (NO AUDIT) EA fINSTALL NEW VALVE BOX IN GRASS AREA 'r EA �75 vr3 JINSTALL NEW VALVE BOX IN ASPHALT EA 5 RAISE VALVE BOX IN GRASS AREA EA d I Z S (z RAISE VALVE BOX IN ASPHALT EA INSTALLATION OF VALVE BOX RISER V -2" EA 3 INSTALLATION OF CONCRETE VALVE PAD EA { 75. q6 ASPHALT PATCH AROUND EXISTING VALVE BOX EA IVACUUM OUT DEBRIS FROM VALVE BOX EA , EXCAVATION OF A DEPTH OF 4' OR LESS EA EXCAVATION OF A DEPTH OF 4'- 7' WITHOUT WELLPOINTS EA I EMERGENCY REPAIR, EQUIPMENT AND RESTORATION SECTION UNrr UNIT PRICE HOURLY RATE FOR SUPERINTENDENT HOURLY RATE FOR FOREMAN ( HR HR S , , HOURLY RATE FOR PIPE LAYER HR HOURLY RATE FOR PLATE COMPACTOR HR HOURLY RATE FOR 3" PUMP HR r 5 HOURLY RATE FOR VALVE EXERCISE MACHINE WITH VACUUM HR ) 5, HOURLY RATE FOR UTILITY TRUCK HR S C Z 143 144 145 146 147 148 149 150 HOURLY RATE FOR EXCAVATOR HR HOURLY RATE FOR SKIDSTEER HR SOD RESTORATION FOR PRICE PER FOOT SQ FT 4 5O ADDITIONAL COST FOR TRAFFIC CONES EA m ADDITIONAL COST FOR TYPE I. II , III BARRICADES EA 7J , ADDITIONAL COST FOR WORK ZONE SIGNS DAY ADDITIONAL COST FOR ARROW BOARD DAY CJ� PASS THROUGH ON MATERIALS NOT COVERED UNDER LINE ITEMS MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: John Bullard, Water Treatment Plant Manager Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: October 9, 2013 SUBJECT: AGENDA ITEM 8.K.4 - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 PURCHASE AWARD /CHEMICAL LIME COMPANY OF ALABAMA, INC. (LHOIST NORTH AMERICA) ITEM BEFORE COMMISSION Request to approve an annual award for the purchase of bulk quicklime from Lhoist North America of Alabama, LLC (Chemical Lime Company of Alabama) through the Boynton Beach Co -op Bid #009 - 2821139JMA at an estimated annual cost of $805,400 for Fiscal Year 2014. BACKGROUND Quicklime is needed to adjust the pH of the raw water, preparing the water for treatment, and to remove hardness which in turn, prevents scaling in the pipelines. The request and approval for lime was approved in the Water Treatment Plant's operating budget for Fiscal Year 2014. The City of Boynton Beach is the lead agency for this cooperative bid. On December 04, 2012 the City of Boynton Beach Commission approved award of Bid #009 - 2821- 13 /JMA to Lhoist North America of Alabama, LLC (Chemical Lime Company of Alabama, Inc.). Per this Co- Operative bid, the City's cost is $267.88 per ton of quicklime. The term of the initial contract was for a period of two years (through December 2014) with an option to renew for three (3) additional one (1) year periods providing that all parties agree to the renewal and renewal terms. FUNDING SOURCE Funding will is available from 441 - 5122 - 536 - 52.21, Water and Sewer Fund: Operating Supplies /Chemicals. RECOMMENDATION Staff recommends award to Lhoist North America of Alabama, LLC (Chemical Lime Company of Alabama, Inc) for the purchase and delivery of bulk quicklime via the City of Boynton Beach Bid No. #009 - 2821- 13 /JMA, at an estimated annual cost of $805,400 for FY 2014. The a`r'ty of Bounton Beach December 11, 2012 Lhoist North America of Alabama, LLC Chemical Lime Company 4720 Cleveland Heights Boulevard, Suite 203 Lakeland, FL 33813 Attn: Mr. John Thompson RE: CO- OPERATIVE BID to "FURNISH, DELIVER AND DISCHARGE BULK QUICKLIME" BID NO.: 009- 2821- 131JIMA BID CONTRACT TERM: DECEMBER 16, 2012 through DECEMBER 15, 2014 Dear Mr. Thompson; At the City Commission meeting of December 4, 2012, the Co -op Bid to "Furnish Deliver and Discharge Quicklime" was awarded to your Company as the lowest, most responsive bidder. The City of Boynton Beach estimated annual expenditure is $298,427.00. This product will be ordered on an "As Needed" basis. The City has a current copy of Chemical Lime Company's Certificate of Insurance on file. We have enclosed bid tabulation sheet for your review. We would like to thank you for responding to this Co- operative Bid and look forward to continue working with you and the Chemical Lime Company. If you have any questions, please do not hesitate to contact Julianne Alibrandi, Buyer at (561) 742 -6322, Sincerely, 1 / f /A /1 '9 r ] \ Tim W. Howard Director of Financial Services EncL Tabulation Sheet c: Bevis Pigott — Manager, Water Treatment and Quality Barb Conboy — Utilities Manager - Administration Central File File America's Gateway to the GuTstream Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425 -0310 Telephone No: (561) 742 -6310 FAX. (561) 742 -6316 December 11, 2012 Lhoist North America of Alabama, LLC Chemical Lime Company 4720 Cleveland Heights Boulevard, Suite 203 Lakeland, FL 33813 Attn: Mr. John Thompson RE: CO- OPERATIVE BID to "FURNISH, DELIVER AND DISCHARGE BULK QUICKLIME" BID NO.: 009- 2821- 131JIMA BID CONTRACT TERM: DECEMBER 16, 2012 through DECEMBER 15, 2014 Dear Mr. Thompson; At the City Commission meeting of December 4, 2012, the Co -op Bid to "Furnish Deliver and Discharge Quicklime" was awarded to your Company as the lowest, most responsive bidder. The City of Boynton Beach estimated annual expenditure is $298,427.00. This product will be ordered on an "As Needed" basis. The City has a current copy of Chemical Lime Company's Certificate of Insurance on file. We have enclosed bid tabulation sheet for your review. We would like to thank you for responding to this Co- operative Bid and look forward to continue working with you and the Chemical Lime Company. If you have any questions, please do not hesitate to contact Julianne Alibrandi, Buyer at (561) 742 -6322, Sincerely, 1 / f /A /1 '9 r ] \ Tim W. Howard Director of Financial Services EncL Tabulation Sheet c: Bevis Pigott — Manager, Water Treatment and Quality Barb Conboy — Utilities Manager - Administration Central File File America's Gateway to the GuTstream 4 CITY OF BOYNTON BEACH 'D AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 MATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS [:1 UNEINISHED BUSINESS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ® BIDS AND PURCHASES OVER $1 OO,OOO ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Approve award of the "Co-Operative Bid To Furnish, Deliver And Discharge Quicklime ", Bid No.: 009 - 2821- 131JMA, to Lhoist North America of Alabama, LLC as the lowest, most responsive bidder meeting all specifics Ions. stimaTed -_- annual expenditure is $295,427.00. This product will be ordered on an "As Needed" basis. CONTRACT PERIOD: December 16, 2012 through December 15, 2014 EXPLANATION OF REQUEST: The City of Boynton Beach is lead agency on this co- operative bid that includes the Cities of Delray Beach and Lake Worth. Bid proposals were solicited based on chemical specifications for quicklime and quantities for the three participating Cities. On November 5, 2012, Procurement Services received and opened two (2) bid proposals for the supply of quicklime. TOTAL PRICE PER TON Carmeuse Lime and Lhoist North America Quantity in Tons Stone of Alabama City of Boynton Beach 1,100 $296.53 $268.57 City of Delray Beach 91 $296.53 $267.88 City of Lake Worth 350 $296.53 $268.57 Based on the bid submittals, Utility Department Staff recommends that the bid be awarded to Lhoist North America of Alabama, LLC. The contract term is for a period of two years with the option to renew for three (3) additional one -year terms. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Lack of, or poor quality, quicklime may result in the scaling of pipelines and increased water hardness to consumers. The purpose of this bid award is to secure a source to provide the best quality quicklime at the most economical price, with delivery to various governmental entities that have elected to participate in the Co- operative bid. FISCAL IMPACT: Funds are available in account 401- 2811 - 536- 52 -35. Recent fiscal expenditures for this chemical are: • FY 08109 - $237,022 • FY 09110 - $272,438 • FY 10111 - $220,647 • FY 11112 - $226,696 ALTERNATIVES: The City of Boynton Beach could explore the use of other coagulants or anti - scalants. However, this may lead to higher water treatment costs or possible water quality infractions. REQUEST FOR BID TO FURNISH, DELIVER AND DISCHARGE BULK QUICKLIME BID No.: 009- 2821- 13IJMA BID OPENING DATE: NOVEMBER 5, 2012 BID OPENING TIME: 2:30 P. M. (LOCAL TIME) PROCUREMENT SERVICES, CITY HALL / / { /{ \ \) �\\ / k $ ) / { !7� \ 3 < E §k/ LLJ § \/ om� Z 00 LJ \/C) j\z cEo co co , I — - -� ] ±2 § z jj ek�t ° § 2 (_ §ter■$/ �6 5i «2 / \/ R =a ~° \ \ \ \ \ \\ g7Q } \\ \ _ e = }\ �zz / \\ �))k / zm u ® %U % $ i e I / }I\\ 0 gQ -m° ® E «& «cn \7 2 - \ j § § )w § m \ \ § » = z (f) 6 © <_ =lzzz t 0 §a2«; / \ § \® » U= _ = u o = 2 � § § U) § 2 ■ e \ } \ } § § § < < \ b 2 m 0 j § / j 0 � / E ° / / } S e a. E 0 g o z ƒe § §_ §e /a on $ \ )§ 0 0 0 3 « °2 f5 /S \ \j / 0 § \j \\ z =j 2\ § \ } \ _ \ ) { t no \ 20, / \ \ \ \ \ 9 § 2 2 m \ < E 7 in \ \/ 0 z % co E2& _ /p� d \jz ecg 10 3m ƒ U) S }} @m \\ �� § / ® «I 2/ /\ §$nm §_ )o 5fk2 //= e w/ =G6 am�/ / §< $/ w'0 ®2G2 gm =ru m 2] j/ \a _§ �f &§ �7L zz 2/ 24 /® z0 �� j\ k� 5 ) z \ §a\§ \ /;% §\ z 2t \} ± m m ] \ ]\7\\ \ / » e q m ;; zz / m � _. , « 2m� // } L) _ / § / j \ 5 e ) / Z LU \( % \ \ z § § C)§ « %§ / ° \ / j } ) \ j ®E _$ C) F- § \ j\ }\ \\ \ ƒ U) MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD /CRA Randal Krejcarek, City Engineer Victor Majtenyi, Interim Director of Environmental Services THROUGH: Louie Chapman, Jr., City Manager DATE: October 4, 2013 SUBJECT: AGENDA ITEM 8.K.5 - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 BID AWARD /MANCIL'S TRACTOR SERVICE, INC. ITEM BEFORE COMMISSION The item before Commission is to approve a bid award and authorize the Mayor to execute a construction contract with Mancil's Tractor Service, Inc. for construction of the NE 1st Avenue Improvements Project in the amount of $569,206.61 (P/N 2012 -042). BACKGROUND Streetscape improvements along NE 1st Avenue have occurred throughout the years. Within the 100 block, improvements have occurred in conjunction with redevelopment. The development incentives provided by the Community Redevelopment Agency (CRA) for the Hyatt Place hotel in FY 11/12 included streetscape improvements consisting of on- street parking, paver brick walkways, decorative street lighting and landscape nodes adjacent to the development. This project consists of the completion of these streetscape improvements for the balance of the block. This project is for the construction of Roadway Improvements on NE 1 st Avenue from NE 1 st Street to NE 2nd Street. The scope of the project includes sidewalks, drainage, lighting, swales, landscape islands, parallel parking, irrigation and landscaping. Three (3) bids were received on 9/10/2013 and have been summarized in the attached Bid Comparison Sheet. The lowest responsible qualified bidder is Mancil's Tractor Service, Inc. (Mancil's), located in Stuart, Florida. Mancil's Base Bid was in the amount of $569,206.61. Their performance on prior City projects has been successful. REVIEW BY OTHERS City Attorney Finance FUNDING SOURCE The funding source is as follows, contingent upon budget transfer: #334 - 3162 - 541.68 -84 $509,206.61 #448 - 5461 - 538.68 -84 $60,000.00 RECOMMENDATION Staff recommends approval. MATHEWS CONSULTING C I V I L E N G I N E E R S September 17, 2013 Mr. Tim Tack, P.E. Project Manager — ESD /CRA CITY OF DELRAY BEACH 434 S. Swinton Avenue Delray Beach, Florida 33444 City of Delray Beach - Project No. 2012 -042 NE I" Avenue Improvements Bid Results (Bid # 2013 -57) Dear Mr. Tack: On Tuesday, September 10, 2013, at 10:00 AM, bids were received by the City of Delray Beach for the NE I't Avenue Improvement Project. Three (3) bids were received as follows: Name of Bidder Amount of Bid 1. Mancil's Tractor Service, Inc. $569,206.61 2. Sun Up Enterprises, Inc. $583,245.00 3. Man -Con, Inc. $589,061.50 We have reviewed the bid proposals submitted by each of the Contractors and have found no mathematical errors in any of the bids. The Bid Tabulation Sheet is attached. The following summarizes our findings for the low bidder: Mancil's Tractor Service, Inc. • Provided Letter of Eligibility. • Acknowledged Addendum No. 1 & 2. • Provided Bid Bond (5 %). • Provided Contractor Questionnaire. • They have been pre - qualified by the City for Roadway, Paving and Sidewalks. • This company is currently working for the City of Delray Beach on the SW 2 "d Avenue Street Improvement Project ($924,368.57) • Company is based in Stuart, Florida. It should be noted that Mancil's Tractor Service, Inc. has been pre - qualified by the City of Delray Beach for "Roadway" through a separate submittal process. As such, our review of the bid proposals only considered the technical evaluation of the Proposal and Bid Forms. Therefore based on our review of the Proposal and Bid Forms, Mathews Consulting recommends award of the Contract to Mancil's Tractor Service in the amount of $569,206.61. Mathews Consulting, Inc., 477 S. Rosemary Avenue, Suite 330, West Palm Beach, Florida 33401 Phone: 561 - 655 -6175 • Fax: 561 - 655 -6179 www.mathewsconsultinginc.com If you have any questions regarding the information presented, please contact us at 561 -655 -6175. Sincerely, MATHEWS CONSULTING, INC. 944b=:� David L. Mathews, P.E. Vice President Enclosure cc: Victor Majtenyi, Delray Beach (w /enclosure) Randal Krejcarek, Delray Beach (w /enclosure) Rafael Ballestero, Delray Beach (w /enclosure) Rebecca Travis, MC (w /enclosure) MC File No. 1643 Mathews Consulting, Inc., 477 S. 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LO 0 -° N C 0) Y U 0 Q O S; N C O) 7 0 l0 7 (L ) j 0- 0- t �� 0 '6 a.N O. m,y m s' Nc m O) LL d �a O y m t O) t O) O N a) X W > N O C U .N ,N 2i m i E A U m— (n N N J J U U V O O (6 O) N m -0 0= (n O 0 0 C cu Q > 7 ° a W N W-C N M N N_ m a s U m N N fn O p m U '� .> > d y O .N N N ?i O r N >. d C m fn N Q LL > O > O >, .y a) a) m� C ._ co O) -_ M O w N (6 7 N d Q N O O Q U N C C7 W d W d E °� E E N� u) p) x U .� N O U m t >. N O) -0 U U C 2 J W Z Z .0) v D 00 ° U 00 N N m (n =_ LL a) d C� = O LL a (n m C� o- d m m C� O d d o U d s Z d LL = 7 7 W �k J Q 0 ° M M M (\I V 'IT V V V V o 0O d d M V V l00 M IN lM lM0 M lM0 l00 ((00 M (NO (MO ((0 0 F m Q Q J N IL M V m U N m H m MEMORANDUM TO: Mayor and City Commissioners FROM: Danielle Connor, Fire Chief THROUGH: Louie Chapman Jr., City Manager DATE: October 8, 2013 SUBJECT: AGENDA ITEM 8.K.6 - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 CONTRACT AWARD /ZOLL MEDICAL CORPORATION ITEM BEFORE COMMISSION The item before Commission to approve a contract award to Zoll Medical Corporation in the amount $21,309.00 for the renewal of the one -year extended warranty and semi - annual preventive maintenance contract to provide guarantee repair coverage for its eighteen (18) 12 Lead EKG Monitor /Defibrillators. BACKGROUND 12 Lead EKG Monitor /Defibrillators play a prominent role in the level of service provided to the residents and visitors of Delray Beach. This extended warranty is a continuation of the Standard Factory Warranty, and Zoll Medical Corporation is the sole provider of this OEM warranty. The contract dates are from November 1, 2013 to October 31, 2014. This warranty also includes preventive maintenance (2 PM's) per unit per year, with a 20% discount on new paddles and cables, with 50% discount on new batteries, with the use and shipping of a service loaner at no cost during repairs, and no charge for shipping of unit being repaired. REVIEW BY OTHERS City Attorney Finance FUNDING SOURCE Funding is available from 001 - 2315 -526 -46.20 (General Fund: Repair & Maintenance Services /Equipment Maintenance) for $21,309.00. RECOMMENDATION Staff recommends approval. ZOLL ZOLL Medical Corporation 269 Mill Road Chelmsford, Massachusetts 01824 -4105 EXTENDED WARRANTY CONTRACT www.zollcom (978) 421 -9655 (800) 348 -9011 P.O. # .................... (978) 421 -0022 Fax CUST#: ..... ........ . 101718 DATE: 08/20/13- Budgetary Q6otation- Revised: 9124/13 NAME: Delray Beach Fire Deportment ATTN: Steve Anderson Bill TO: 100 North West Ist Avenue TEL7f: 561 -243 -7440 Delray Beach, FL 33444 FAX #: 561- 243 -7135 ship To: 501 West Atlantic Avenue EMAIL: Anderson5@mydelraybeach.com FL 33444 PART NUMBER DESCRIPTION 4- ERIC _ PRICE 8889 - 0001 ONE (1) Year Extended Warranty 12 $1,145.00 $973,25 $11,679.00 ZOLL Defibrillator. Serial Numbers: T02C31307,T02J39235,_ T02739242,T03B43326,T03643348 T_03C4400B, A807AO033BO, A807DOO406 AB071005547 ,A807IOD5555,AB07I005573 & Alin AO13318 Contract Dates: November 1 2013 to October 31 2014 8889 -9999 Three 3 Month Prorated Extended Warranty 6 $300.OD $255.00 $1,530.00 ZOLL Def ibrillator. Serial Numbers: A805K000792, A905KO00824, AB06AOQI06B, ABOBDO07164, AB08D007178, & AR008 007185 Contract Mss: August 1. 2014 to October 31 2014 8889 -2992 Preventive Maintenance (PM)** 18 $450.00 $450.00 $8,100.00 2 PM's per unit per year. Serial Numbers: T0201307 T02339235 T02J39242,T03643326,T03B43348 T03C44008 A807A003380.AB07b004026, A8071005547 ,AB07T005555,A8071005573 ABIOA013318 A805K0007 2 A605K000824 AB06AO0 1068,AS080007164,A8OBD007178 .4 A8080007195 , Contract Dates: November 1, 2013 to October 31, 2014 TOTAL $21,309.00 ONE ill YEAR EXTENDED WARRANTY INCLUDES: * 15% Multi Unit Discount. * 2D% Discount an New Cables and Paddles. * 25% Discount an Lithium SurePower Batteries. * 50% Discount an Sealed Lead Acid Batteries. * The use and shipping cf a service Loaner at no cast during repairs, * No charge for shipping of unit being repaired. PREVENTIVE MAINTENANCE: ** Preventive maintenance pricing is based an the purchase of the extended warranty contract, * It is the customer's responsibility to ensure covered equipment is available for service at scheduied times within the term of the contract. NO 5: "Extended Warranty is a continuation of the EMS One Year Product Limited Warranty * List prices quoted are firm for 60 days. " Terms are Net 30 Days. Customer is responsible for all applicable taxes. CANCELLATION POLICY: The request to cancel an Extended Warranty must be sent in writing to the service Contracts Department. The Extended Warranty Contract will be terminated 60 Days after receipt of request to cancel. ZOLL will credit balance of contract to customer's account. Authorized signature / Date Ken Masson ! Date ( Please Print Name) Service Contracts Administrator ZOLL, Advancing Res don. Today.' October 7, 2013 Delray Beach Fire- Rescue 501 W. Atlantic Avenue Delray Beach, FL 33444 Dear Division Chief Anderson, ZOLL Medical Corporation Worldwide Headquarlers 269 Mill Road Che{msford, Massachusetts 01824 -4145 USA 978 421 -9865 978 421 -4025 Main Fax ZOLL Medical Corporation sells and services our defibrillator products using our Depot Repair Center at ZOLL Corporate in Chelmsford, Massachusetts. The ZOLL Depot Team is a group of highly skilled, trained professionals that have extensive experience in electronics, product application and process quality control. The intense quality and environmental testing performed by this team at the factory cannot be duplicated in any field environment. There are no other .BOLL authorized companies providing repairs for the ZOLL M Series, E Series and R Series defibrillators that ZOLL has sold in North America. We do use outside authorized agencies to provide on -site Preventative Maintenance cheeks on our products. In addition, we do have authorized International ZOLL Distributors who provide service within their countries. If you should have any questions, please do not hesitate to call me at 1 -800- 242 -9150, Ext. 9587 Sincerely, Ken Massone, Service Contracts Administrator EXTENDED WARRANTY AGREEMENT THIS AGREEMENT is made and entered into this day of 2013, by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation (hereinafter referred to as "City "), and ZOLL MEDICAL CORPORATION, a corporation doing business with a Registered Agent in the state of Florida (hereinafter referred to as "Zoll ") WITNESSETH: WHEREAS, the City and Zoll desire to enter into an agreement providing for an extended warranty for Zoll defibrillator equipment previously purchased. NOW THEREFORE, in consideration of the mutual benefits, promises, and understandings hereinafter set forth, the parties hereby agree as follows: 1. Zoll shall provide: a. One (1) Year Extended Warranty for twelve (12) ZOLL Defibrillators: (Serial Numbers: T02C31307, T02J39235, T02J39242, T031343326, T031343348, T03C44008, AB07A003380, AB07D004026, A13071005547, A13071005555, AB071005573 & AB10A013318) from November 1, 2013 to October 31, 2014 at a price of $11,679.00. 1) One (1) year extended warranty shall include: a) 15% Multi Unit Discount. b) 20% Discount on New Cables and Paddles. c) 25% Discount on Lithium SurePower Batteries. d) 50% Discount on Sealed Lead Acid Batteries. e) The use and shipping of a Service Loaner at no cost during repairs. f) No Charge for shipping of unit being repaired. b. Three (3) Month Prorated Extended Warranty for six (6) ZOLL Defibrillators: (Serial Numbers: AB05K000792, AB05K000824, AB06A001068, AB08D007164, AB08D007178, & AB08D007185) from August 1, 2014 to October 31, 2014 at a price of $1,530.00. C. Preventative Maintenance (PM): Up to two (2) times per unit per year for eighteen (18) units. (Serial Numbers: T02C31307, T02J39235, T02J39242, T03B43326, T03B43348, T03C44008, AB07A003380, AB07D004026, AB071005547, AB071005555, AB071005573, AB10A013318, AB05K000792, AB05K000824, AB06A001068, AB08D007164, AB08D007178, & AB08D007185) from November 1, 2013 to October 31, 2014 at a price of $8,100.00. 2. The City shall pay Zoll a total of Twenty -One Thousand Three Hundred Nine Dollars ($21,309.00) within thirty (30) days of the execution of this Agreement. 3. All notices submitted or required by this Agreement shall be sent by regular, registered, or certified mail and addressed to the parties as follows: To the City: City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 To Zoll: Zoll Medical Corporation 269 Mill Road Chelmsford, MA 01824 -4105 or to such other addresses either party may designate in writing. 4. The validity, construction, and effect of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection, or dispute arising out of the terms of this Agreement shall be litigated in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. 5. Cancellation. The City may cancel the extended warranty at any time upon submitting sixty (60) days advanced notice to Zoll's Service Contracts 2 Department in writing. Zoll will credit the balance of the contract to City's account within thirty (30) days of cancellation. IN WITNESS WHEREOF, the parties have caused this Agreement, which shall constitute the original, to be executed by its proper officers hereto duly authorized on the year and date first written above. ATTEST: Chevelle Nubin, City Clerk Approved as to Form: City Attorney Witnesses: (Print or Type Name) (Print or Type Name) STATE OF COUNTY OF CITY OF DELRAY BEACH, FLORIDA Cary D. Glickstein, Mayor ZOLL MEDICAL CORPORATION By: Print Name: Title: The foregoing instrument was acknowledged before me this day of , 20137 by (name of officer or agent, title of officer or agent) of Zoll Medical Corporation, a (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced as identification. Signature of Notary Public 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Michael Vinci, Planner Paul Dorling, AICP, LEED GA, Director of Planning and Zoning THROUGH: City Manager DATE: October 9, 2013 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 WAIVER REQUEST/ 37 S.W. 5TH AVENUE ITEM BEFORE COMMISSION The waiver request from LDR Section 4.6.18 (B)(14)(e)(iii) is to allow the installation of a chain link fence at the property located at 37 SW 5th Avenue. BACKGROUND The subject property is situated on .41 acres in the Central Business District (CBD), and consists of an 800 sq. ft. convenience store (Kwik Stop) which was constructed 1952. The legal description is as follows: Delray Town of S 30.5 FT of LT 5& N 19.5 FT of LT 6 BLK 29 & Resub of BLK 29, Delray Beach. The property contains an 800 sq. ft. commercial building and attendant parking lot at the southwest corner of the site. The majority of the site is vacant. Currently, a previously approved 4' high white picket fence runs along the west (north of the driveway) and north property lines. The proposal is to install a 6' high black vinyl coated fence along the east (rear property line) and along the south property lines to eliminate /deter the loitering and scattered debris along the parking lot. Waiver Anal, 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/or (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. "This is a formal letter of request asking that waiver be considered referencing LDR section 4.6.18(B) (14) Buildings within the Downtown Area (CBD). LDR section 4.6.18(B)(14)(e)(iii)states that chain link fences are prohibited except within sites containing outdoor recreation uses or facilities. This waiver will help us provide greater security and protection for the operators of the Kwik Stop at 37 SW. 5th Ave. It will also prevent loitering and dumping on the parking lot. We already have an approved white picket fence in the front facing SW 5th Ave and along the north property line. The proposed chain -link fence will be located along the east and south property lines. " The granting of the subject waiver will not adversely affect the neighboring area upon planting of the screening requested in the conditions of approval. The waiver will not diminish public facilities, create an unsafe situation, nor grant a special privelege. REVIEW BY OTHERS The West Atlantic Redevelopment Coalition (WARC) reviewed the subject request at its October 9, 2013 meeting; and is in support of the request. RECOMMENDATION Approve the waiver from the City of Delray Beach Land Development Regulations Section 4.6.18 (B) (14)(e)(iii) to allow a chain link fence within the Downtown Area of the Central Business District (CBD), based on positive findings with LDR Section 2.4.7(B)(5), subject to the following conditions: 1. That the chain link fence be limited to the south side and rear of the property. 2. That the missing pickets in the existing picket fence be replaced along the front and north property lines. 3. That the chain link fence be screened with a plant material acceptable to the City Horticulturist. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 37 SW 5T" AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver request regarding 37 SW 5t" Avenue has come before the City Commission on October 15, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for 37 SW 5t" Avenue. All of the evidence is a part of the record in this case. 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. Pursuant to LDR Section 4.6.18(B)(14)(e)(iii), chain link fences are prohibited except within sites containing outdoor recreation uses or facilities. Should the waiver to Section 4.6.18(B)(14)(e)(iii) to allow a 6' tall, black vinyl, chain link fence at the property located at 37 SW 5t" Avenue be granted? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original plat was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 5. Based on the entire record before it, the City Commission approves denies the waiver with the conditions attached on Exhibit "A" and hereby adopts this Order this 15th day of October, 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 2 Cary D. Glickstein, Mayor Exhibit A 1. That the chain link fence be limited to the south side and rear of the property. 2. That the missing pickets in the existing picket fence be replaced along the front and north property lines. 3. That the chain link fence be screened with a plant material acceptable to the City Horticulturist. 3 • F � Y� � r `'►fir �! �. � Y QA A y 46 .0 Iwo;, 1:576 by 12434616010290051 iA0.0035 U,007 0 -014mi W �I T��T 0 0.0050.01 0,02 km s F y r � r_ 7 - �J T fy r 1 � J ,i • 1~ I rW �J T fy r 1 .�li 1111 �•y ;' �� '' � r y � SI p � , 1• 1. �. E i i 1 . v � �' —� �y AL M r c E I , I w Ny 3 ' l F i- — SUM (NOSNb'7i °J N O 0 R a n ._�, I 'row. ti n � w CAR • �1 w ¢a° u ai pyn§ °, x p.m � u ZJ x W m V V °�I^l JGi/� rCfi3flr i' .,ti�f�� N (aia a+� tr 79) 3�I n!i Sz _8a's1Z up ,vsi L, Q❑ C c .-7 1-I .t w vi F �W A � Q � A to oApp wall; �a�n n R y n _ d D��cwj 'jogs opO a°a 1 I l v I < U P, m F � F O � Fez RIP x5y r � low lipO«� p pr �ZUa wile 11!j v log! `�I O�mwz w dgrr,N �oiva 'W ` zia ``� Nx N� V i n W 6 LL N 4 w pol ,, W n�iw QmBIT pi¢¢a orZyF owl! � � O A W M Q Z � .190- fill; 2»pb 1 U j 2 2 PEI.. I 1~11��U -W ' `nNar4 HIS V W Z q L S¢aC. "IFjt, n7 MIN W O c oa�4� ^� u� I S W w o rw¢�¢ z wa�Na a o S yam' =¢ Q y� W O W�i ly}1 milli W r� LC S m oQ�Na °- W rT1 0. ¢aw°wwp 011 F ��¢OCZ �1µ�p�{ I.7 L7 Oa°Lw¢0"I •� HIS W ays JJq� _ jr�/J/�� N _ w w y Z W J V/ Won QjCjdmQ m Mr�r uwiZOarq= U n,c-+� mZ C7�V � ono °zw mm< Z ��q�y oo xx Z Q R m a LL Sm0i�0 m a o�w��z � =�wwy� a 33 �o I _ 2 `- - t �s �1l ti 1 � w • �1 w ¢a° u ai pyn§ °, x Q °; � u ZJ x W I _ 2 `- - t �s �1l ti "1 k Q °; � u JGi/� rCfi3flr i' .,ti�f�� N m o� N .o f /vVc /sy. o -Z ®VQQC:\ Users \code enforcement \005921M M n N Z -r O A� t � b SA, a V W y, v v w � U 0 a �nz�z� o o w [� , - 4 � � q � � N Q � Q N o ;,4 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: October 9, 2013 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 WAIVER REQUESTS/ SPODAK DENTAL OFFICE ITEM BEFORE COMMISSION City Commission consideration of waiver requests to the Land Development Regulations (LDR's) Sections 4.6.7(E) (7) and Section 4.6.7(J) (3) to allow two (2) flat wall signs to be placed on elevations that do not face a dedicated street frontage and to allow all three (3) flat wall signs to be placed above the roof line for Spodak Dental Group located at 3911 W. Atlantic Avenue. BACKGROUND Spodak Dental Office building is a single- story, 12,980 square foot medical office. The building was designed and planned to be a "Gold Level LEEDS Certified" building, the only facility of this kind in southeast Florida. The owner provides detailed information on the design goal and elements incorporated in the building design that provides for savings on energy, water and the creation of an environmentally - friendly facility in his letter of hardship. One of the architectural features created is cast -in -place walls that extend six (6) feet above the roof line, which is where the signs are proposed to be erected. The inclusion of the bio swale and lush landscaping on the front (south) elevation was necessary to qualify for the LEEDS Certification; thus, a monument sign would be ineffective and not practical based on the maximum height allowed under the sign code. In addition, the architectural walls were clearly shown as being integral to the building design and signs were clearly shown on any and all plans submitted to the City for approval on the three (3) locations. The conflict with the sign code should have been acknowledged early in the review process. The building is one hundred and sixty -six feet (166) wide and over five hundred and forty feet (540) long, which visually makes the frontage, appear smaller than what it is. The speed of traffic on this six (6) lane road justifies the need for signs being erected on the east and west elevations; they provide building identification on approach. The sign proposed on the south (front) elevation is allowed under the code, except it is above the roof line. Lowering the sign is not a good option since it will conflict with the 22' trees required to obtain the Gold Level LEEDS Certification. The proposed signs were considered by the Site Plan Review and Appearance Board (SPRAB) at their regular meeting on September 25, 2013. The board voted 4 -0 (2 members had to step down from the dais because of the owner - client relationship) to support of the waivers for erecting the three (3) signs and to allow them to be placed on the cast -in -place architectural wall that is above the roof line. Waivers under the LDR Section 2.4.7(B) (5) require that prior to granting a waiver, the granting body shall make findings that 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 that the same waiver would be granted under similar circumstances on other property for another applicant or owner. I have attached, for your reference, the letter submitted by the owner stating his position of hardship and justification of the waivers. Also, attached to this submittal are the elevation renderings in this presentation to the Commission. RECOMMENDATION Staff recommends approval of the request for waivers to LDR Section 4.6.7(E)(7) and Section 4.6.7 (J) (3) providing for two (2) flat wall signs to be placed on the east and west elevations and the one (1) sign on the south (front) elevation; all three signs will be above the roof line. Staff acknowledges the investment and significance of this building designed to meet the requirements as a Gold Level LEEDS Certified Building, making it one -of -a -kind in the jurisdiction of Delray Beach. 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 SPODAK DENTAL GROUP AT 3911 W. ATLANTIC AVENUE 1. These waiver requests came before the City Commission on October 15, 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the Spodak Dental Group at 3911 West Atlantic Avenue. 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. Waivers to LDR Section 4.6.7(E)(7) Pursuant to LDR Section 4.6.7(E)(7), wall signs must face the dedicated street frontage. 1) The applicant is asking for a waiver to allow the wall sign on the west elevation to not face the dedicated street frontage. Should the waiver to Section 4.6.7(E)(7) for the sign on the west elevation be granted? Yes No 1 2) The applicant is asking for a waiver to allow the wall sign on the east elevation to not face the dedicated street frontage. Should the waiver to Section 4.6.7(E)(7) for the sign on the east elevation be granted? Yes No B. Waivers to LDR Section 4.6.7 (J Pursuant to LDR Section 4.6.7(J)(3), signs erected above the roof line are prohibited. 1) The applicant is asking for a waiver to allow the sign on the east elevation to be erected above the roof line. Should the waiver to Section 4.6.7(J)(3) for the sign on the east elevation be granted? ► C7 2) The applicant is asking for a waiver to allow the sign on the west elevation to be erected above the roof line. Should the waiver to Section 4.6.7(J)(3) for the sign on the west elevation be granted? ► C7 3) The applicant is asking for a waiver to allow the sign on the front (south) elevation to be erected above the roof line. Should the waiver to Section 4.6.7(J)(3) for the sign on the front (south) elevation be granted? Yes No 2 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver requests. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 15th day of October 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 3 Cary D. Glickstein, Mayor Preventive, Restorative and Cosmetic Dentistry Spr-ldak D E D I C A T E D TO Y O U R S M I L E September 5, 2013 Ms. Lula Butler Director Community Improvement City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 Dear Lula: The purpose of this letter is to discuss any concerns regarding the exterior signage plans for the new Spodak Dental Group facility located at 3911 West Atlantic Avenue, Delray Beach, FL 33445. Background The new-Dena1 G. Me i&-a- tMOO -- square- footfacility ira #rarr� -tts eorrcep' planned to be a Gold Level LEED Certified building -- the only facility of this.kind in southeast Florida. All LEED Certifications recognize facilities that conserve natural resources, are energy- efficient, and provide a healthier space for occupants. A key design goal for the project was to create abundant natural lighting, and indoor spaces that feel a part of the surrounding landscapes and gardens via the large window areas. To accomplish the ultimate in sustainability, our LEED Certified building will have floor to ceiling glass walls, solar panels and Solatubes, which will provide natural light for enclosed interior spaces. It will also hate two cisterns for supplemental irrigation to bring water to fruit trees, herb and vegetable gardens and the tropical shade garden surrounding the building. Although this may seem more decorative than substantive to some, the end result is that we save on energy, water and create an environmentally friendly facility. In short, the building will be an environmentally sound, holistic building with lush landscape that is designed to comfort patients and provide an array of environmental benefits. It is also my sincere hope that our new Gold LEED Certified building will serve to motivate other developers to emulate our environmentally conscious and sustainable planning and design throughout our area, lnt�gral to the overall design of the building_.. its placement on the plot, its elongated shape, the environmentally friendly and lush landscaping surrounding the building (including mature trees, fruit trees, shrubs, foliage, vegetable and shade gardens, bioswales to provide drainage, a dedicated exit and pathway to the Delray Garden Center, etc.) ... was the placement of the exterior signage on the building. Current Situation As you are aware, the new Spodak Dental Group facility is in the final stages of construction, with an estimated building completion date of mid - November 2013. For the past eighteen months, initially during the plans stage and now.during the construction stage, we have successfully worked with the appropriate City of Delray Beach departments to ensure all requirements have been met. While all of the building plans have been thoroughly reviewed and approved over the past many months, we understand now there is concern regarding the new facility exterior signage on two points: a) the Spodak Dental Group signage pn the east and west facades do not face a dedicated street, and; b) The Spodak Dental Group signage qn the east, south and west facades are above the roof line. In light of these concerns, we want to plead hardship so that our exterior signage plans may proceed as designed and receive a waiver under LDR Section 2.44.7(B)(5): a) Our planned exterior signage on the east, south, and west facades do not in any way adversely affect the neighboring area. 4665 West Atiantic Avenue Delray Beach Florida 33445 561.498.0050 :561.498.0841 www.spodakdental.com The new Spodak Dental Group facility neighbor to the east is the Delray Garden Center and, as mentioned above, a dedicated pathway from our new facility to the Delray Garden Center was always included in the building plans. The exterior signage designed for the east facade of the building, does not impinge upon or adversely affect the Delray Beach Garden Center. In fact, our new facility and signage may actually assist the Garden Center in identifying its location to its prospective customers as it will serve as a ready directional `landmark'. To the west of the building site is an undeveloped site with approximately 400 feet between our facility and the next physical structure, the Weekes & Callaway insurance company. The exterior signage on the west facade of our new facility does not adversely affect the immediate area to our west (a vacant lot) or the Weeks & Callaway business (approximately 400 feet away). Furthermore, it should be remembered that autos enter our site from the west, through an easement on the vacant lot to the west of our building. Autos entering our site will be facing east, consequently reinforcing the need for signage on the west f- A i C,gauc. Significantly, no residential areas will be impacted by either the east and west exposure signage. On the south exposure, the building signage faces West Atlantic Avenue (the building set -back is approximately 50 feet). Across the street from our new facility is a hedge row approximately 25 feet high belonging to the Seagate Hamlet development. This high hedge row extends from Homewood to the r trance to-t fr e Seagate Hamlet entrance, a distance oF approxiMately a quaitei ofa mile. The Spoduk Dental facility lies across the street mid -way between Homewood and the entrance to the Seagate Hamlet entrance. Thus the exterior signage of the Spodak Dental facility does not adversely affect the immediate area across the street as there is nothing there other than the street and the high hedge row. Additionally, due to the proximity of the Spodak Dental facility close to West Atlantic Avenue, and the fact -that a bioswale is situated between the sidewalk and the building, there is really no room for a traditional monument sign at this south exposure. However, even if there were room for such a monument sign on the south exposure, the lush landscaping surrounding the building and bioswale would obscure it. b) The planned exterior signage does not in any way significantly diminish the _proyis_ion of public facilities. The exterior signage placement on the building absolutely does not impinge upon the provision, arrangement, or supply of any public facilities. The signage is on the building and away from any possible interference with the provision of public facilities. c) The planned exterior signage does not create an unsafe situation. The building exterior signage, in all locations, is securely attached to the building and at least 50 feet away from, and does not over -hang, any pathway, sidewalk, pedestrian or motorized traffic. d) The planned signage does not constitute the grant of a special privilege that the same waiver would be aranted under similar circumstances on other property for another applicant or owner. Signage on the east and west facades of the building do not face a dedicated street. However such signage is necessary for potential customers to identify the building as they travel from east to west or west to east approaching the building. This building signage allows travelers to identify the building from a distance and make the transition for a safe turn into the premises. Without this signage there is a definite risk those looking for the Spodak Dental Group will not see the signage on the south exposure until they are directly in front of the building, and then not have the`appropriate time /distance to make a safe entrance into the property. This could result in traffic safety issues. Due to the design of the building, its placement on the plot, and the lush landscaping surrounding the entire building (mature trees, fruit trees, shrubs, foliage, bioswales, vegetable and shade gardens), the east, south, and west facades are the only possible locations for signage that would provide any meaningful building /entity recognition of any value. We elected to plant significantly more trees, plants, and shrubs than the required landscaping, and the height of the trees and other foliage to be planted would prevent any visible signage at the roofline. These facades, with the attached signage, have always been integral to the building design and clearly shown on any plans submitted to the City for approval. It is important to note that these facades were designed to be architectural walls specifically intended to enhance the esthetics of the building and to provide signage space. They are not parapets added to visibly screen equipment from view. This signage is above the building roof line by design and by necessity, in fact, the architectural concept and design was always to extend the facades... at substantial cost... to accommodate•the building signage that would visibly clear the mature trees and foliage that will be placed around the structure. Under the current building design, including the landscaping that contributes to the building's LEED certification, there is no other location on the east, south, or west exposures where signage could be placed that would be seen by the public. Not allowing the signage as depicted in the building plans would cause a certain hardship to the Spodak Dental Group, as we would have a beautiful new facility, state -of- the -art Gold LEED certified building that few people would be able to identify. Based upon the above, The Spodak Dental Group respectfully requests a waiver for the planned building signage under LDR Section 2.4.7(B)(5). Si�cerely, t R \ { LU ( •� / k § LLJ -j \ � 2 � z » u LLI a � � m El |� | |� �| R w a U) z C) 4 � Id! w ; w w� A ir 02t K 6 Z 0 u c G3 r r 0 LLI d U) 2 O cr LL 0 z w a z w Cl uLJ U LLJ CL U) rr u.I n DRAFT of Minutes for the September 25, 2013 SPRAB Meeting Item N.C. Spodak Dental Group 3911 W. Atlantic Avenue Mike Sneiderman, Sign -A -Rama, Agent Recommendation to the City Commission regarding a Waiver request to LDR Section 4.6.7(J)(3) to allow a sign to be placed above the roof line; and a Waiver to the LDR Section 4.6.7(E)(7) to allow a sign to be placed on an elevation that does not face a dedicated street frontage. Chairman Kupi asked if there had been any ex -parte communication on this item. Mr. Gregory stated he had spoken to the applicant's representative, Mr. Sneiderman regarding the impact of the code on this request. Ms. Spero said she would have to step down as the applicant is her client. Mr. Bregman said he would also have to step down as Spodak Dental is a client of Michael Singer, Inc. with whom he works and stated also that he had worked on some of the drawings for this proposal. Chair Kupi stated that the record should show that Ms. Spero and Mr. Bregman left the dais. IVEL Ms. Jennifer Buce of the Community Improvement Department then addressed the Board and said the item before the Board is a recommendation to the City Commission regarding a Waiver request to LDR Section 4.6.7(J)(3) to allow a sign to be placed above the roof line; and a Waiver to the LDR Section 4.6.7(E)(7) to allow a. sign to be placed on an elevation that does not face a dedicated street frontage for the Spoda ental Group. Ms. Buce continued by stating the new Spodak Dental Office building currently under construction is located on the north side of West Atlantic Avenue, just west of Homewood Boulevard. It is a single -story medical office that includes 12,980 square feet. The building is designed to be a LEED certified building and meet nationally recognized standards for energy and water efficiencies. The building facades and landscaping were designed in such a fashion to take into consideration LEED design criteria. Ms. Buce said the applicant is proposing two flat wall signs, one to be located on the south elevation which faces Atlantic Avenue and the other on the west elevation facing a vacant lot. She then described the size and specification of the proposed signage. Although the sign on the west elevation meets size requirements, Ms. Buce said it does not face a dedicated street frontage and will require a Waiver to LDR Section 4.6.7(E)(7). Additionally, she said the flat wall signs willube located on a special parapet above the roofline and that this architectural feature is elevated as the landscaping along these facades must be a minimum of 22' in height to meet LEED requirements. Ms. Buce said the applicant is therefore requesting a Waiver to Section 4.6.7(J)(3), Roof Signs, that prohibits signs to be placed above the roof line or above the parapet. She then described the "Waiver Findings ". Ms. Buce said a bio -swale and lush landscaping has been created between the sidewalk and building making a monument sign infeasible. She said this creates the necessity of placing a flat wall sign on the west elevation (facing a vacant lot) in order to allow the building identification to be viewed by vehicles travelling west. Therefore, she stated a positive finding can be made to approve the Waiver request from LDR Section 4.6.7(E)(7) Design Standards Matrix to allow the sign on the west elevation. A Waiver request from LDR Section 4.6.7(J)(3) Roof Signs can also be supported Ms. Buce said, as it is not granting a special privilege since the Burger Fi projecting sign was granted a Waiver and it extended above the roof line. However, Ms. Buce said that, as a compromise, the sign was lowered so that the top of the sign would align with the mesh fence on top of the roof. Staff would suggest that the Spodak signs be lowered as much as possible she said. Ms. Buce stated the applicant has provided justifications for the Waivers in a letter attached to the staff report. She said the applicant feels the signs are necessary to identify how to access the new Spodak Dental Group Building. pursuant Section 2.4.7(B)(5) Waiver findings of the LDRs. Dr. Spodak continued by saying that when the site plan came before the SPRAB when Ms. Alice Finst was on the Board she was the only one with any concerns about the sign and her concern was only that the signage may be too bright. He said it was pointed out then that the only neighbors who might be impacted were six (6) lanes across the right -of -way. He said, therefore, he disagreed with staff about lowering the signs Dr. Spodak also said there was a large, deep bio -swale which was placed near the front entrance to capture rainwater in order to be in compliance with LEED water exfiltration mandates and if a monument sign was to be placed at the entrance, you would not even be able to see it. He said if there was no sign on the east elevation by the time people saw the sign on the south elevation they would not be able to slow down and turn into the complex and would have to cross over three (3) lanes of traffic to get to the median to make a u -turn about one -half a mile down the road to get back to the entrance. He then showed pictures of several businesses in Delray Beach with signs above the roofline which had been given to him by Mike Sneiderman, his agent for the signage. He explained that he had proposed three (3) signs since the inception of the proposal but only two (2) had been included in the staff report and again stated that he really needed all three (3) signs. At this point Dr. Spodak showed pictures of a vehicle traveling at forty -five (45) miles per hour for five (5) seconds heading west on Atlantic Avenue. He said that these pictures show how someone would not see anything initially because of the dense vegetation at the neighboring garden and by the time the vehicle has traveled for five seconds and the signage on the south elevation is seen there is only fifty -four (54) feet to try to brake and make a sharp right turn. Dr. Spodak again said it was unlikely that the driver would be able to make the turn into the complex and they then would have to cross traffic and make the u -turn on down the road. mom Public Comments George Brewer stated that Dr. Spodak had alluded to the fact that signage is very important and needs t be seen from distance. Mr. Brewer said he thought, in this instance, it is a safety issue an that he believed these signs need to be up as high as possible, not as low as possible so that they are seen from a distance. He said it is a high speed traffic area and drivers need to know where they are supposed to turn so they can turn on their blinkers and make a safe turn. Mr. Brewer then said that he hoped Ms. Buce could work on having the sign code changed regarding not allowing signs abo a the roofline because when you put a parapet up, which is allowed to go up to six feet (6' code to screen mechanical equipment, you are not allowed to put a sign above the "invisible line" where the roofline is. He said a perfect example is the garish ice cream cone sign (referred to earlier in the meeting) which will be down at a very low level, around seven feet (7') because the roofline is very low. He said it would be low, out of proportion and "in our face" but it did not have to come before this Board because it met the criteria of the LDRs. Dr. Victor Kirson said that the way the sign is shown now shows the magnitude of what has been accomplished here. He said it is just the way it should be, maybe even a little higher. He said that he had started practicing (dentistry) in the 1970's and at that time, if you had three (3) rooms you were doing well so this accomplishment is unbelievable and they need the sign to set it off. 3 4 not decide that' and they are being partially deceived. He said they are kind of being reeled in and then they are told, perhaps, "we would never approve a sign up there and we are not going to allow this and we are not going to allow that'. Mr. Gregory said sign applicants need to have a design intent. He said there are some architects on this Board and they work on plans all of the time to create an area for signage. Mr. Gregory continued by asking "what is this taboo" and said it needs to be brought up and dealt with in the beginning. He said he knew of a couple of sign contractors who would never have taken on a project if they thought they could not get sign programs they were presenting approved. He said his other issue was regarding above the roofline, above the parapet — he said this is where signs go. He said these structures are sound and not like something that gets blown off in a hurricane and get stuck in someone's roof. He said this is part of the structure and the City requires it to hide roof equipment and they make the buildings look more attractive and it is where signs are made to go. Mr. Gregory said he does not have this issue in other locals and that he does signs all over the State of Florida including Boca Raton, Coral Springs and Coral Gables and none of those municipalities have this restriction. Mr. Gregory said his other issue was with the sign being required to face a street and said that this had been a problem numerous times. He said it is not uncommon for the public wellbeing for people coming in to find their way to have a sign to direct them and that was what a sign is for. He said he did not have a problem with the proposed sign not facing the street. He continued by saying that at one time the City was going to allow a "sign pool" and if, for instance, an applicant was going to have a corner building where you might want signage that might be different than for other types of buildings and that this could be worked out with staff. But that suggestion was dropped, he said. Mr. Gregory said that Atlantic Avenue is a crazy road, people go well over the speed limit and you take your life in your hands whenever you drive on it. He said, in his opinion, it would be best to do an east and west sign and that the south elevation sign is not that relative to the exposure of the building. He said, however, that he did not have a problem with the third sign but still thought the east and west signs were more important. IEW Mr. Aguila said he thought this is a very attractive building but that was not what they are here for. He said he thought that the signs were not an afterthought, as signage sometimes is. He said he thought the signs were the accent mark on the beauty of the building and when he sees a statement that something should be lowered as much as possible he was hung up on the fact that that is not a number and there is no way to measure that. Mr. Aguila said that unless the statement is that it should be lowered a specific dimension such as "three feet, four inches (3' 4 ") ", that part of the statement has no relevance. He said he had no problem with the third sign and he thought the sign was attractive. He said the presentation with the vehicle traveling west on Atlantic Avenue almost proved to him that drivers would not see the sign on the east side but that he did agree with Mr. Gregory that the two (2) signs on the east and west serve more of a purpose because the traffic is going east and west, rather than the south facing sign. He said, however, he would not want to see the sign on the south elevation removed and he did think they need a sign on the east. Mr. Aguila concluded by saying he would support the three (3) signs and he would support the sign where they are proposed, not lowered. Mr. Knight said he was in favor of the three signs. He said he had been by the building a few times and they are moving along on the quickly on the construction. He said he believed the Board had approved such signage for Chase Bank and others. 5 Mr. Kupi said he did not have a problem with the proposal at all and the difference between this building and others where they just try to slap signs up or they do it after the fact is that you can tell thought went into this. He said, as Dr. Spodak had said, he is going with the twenty -two (22) or twenty -six (26) foot trees and staff is asking him to hide the signs behind it. He said all of this had been thought through and they are not coming in after the fact trying to put as much signage as they can on a building. He said he was all in favor of this and he thought it was a great project. MOTION /FINDINGS Mr. Aguila moved to recommend approval to the City Commission of the Waiver request pursuant to LDR Section 4.6.7(E)(7) for two flat wall signs on the east and west elevations and to LDR Section 4.6.7(J)(3) for all three (3) signs above the roofline for Spodak Dental Building, 3911 W. Atlantic Avenue, based on positive findings pursuant Section 2.4.7(B)(5) Waiver findings of the LDRs. Said motion was seconded by Mr. Gregory and was passed with a four (4) to zero (0) vote (Mr. Bregman and Ms. Spero stepped down and one Board member was not yet appointed). Transcribed by: 2ebecccv Tv u x e,LL Rebecca Truxell, Secretary to the Site Plan Review and Appearance 11 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: October 10, 2013 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 WAIVER REQUEST/WINE AND SEAFOOD FESTIVAL ITEM BEFORE COMMISSION Commission is requested to consider approval of a waiver to LDR Section 4.6.7(F)(3)(f) to allow banners to exceed 20 square feet of similar size that have been allowed in the past on November 9 -10, 2013 within the site of the Delray Beach Wine and Seafood Festival. BACKGROUND Attached is a letter received from Nancy Stewart- Franczak requesting a waiver to LDR Section 4.6.7(F) (3)(f) to allow site sponsor banners that exceed the maximum square foot allowance for the Delray Beach Wine and Seafood Festival. Historically, sponsor banners have been allowed within the festival site, that exceed the square foot requirements for this event, as well as others, but we have not obtained an official waiver to the LDR's. Ms. Butler and I have recently met with some of our larger event producers to discuss their needs and industry standards as it relates to not only sponsor banners, but event announcement banners and electronic type promotional signs for possible LDR changes. However, code changes will not be completed by the date of this event. The event producers indicated that generally sponsor banners are 3' x 8', but some are larger, especially those provided by national companies who provide the same banners event to event. RECOMMENDATION Staff recommends approval of the waiver to allow banners that exceed 20 square feet of similar size that have been allowed in the past as requested by Ms. Stewart- Franczak for the Delray Beach Wine and Seafood Festival, November 9 -10, 2013. September 24, 2013 Mr. Robert Barcinski City of Delray Beach 100 N.W. 1 Avenue Delray Beach, FL 33444 RE: Banner - Signage Waiver —LDR 4.6.7 (F)(3)(f) Dear Bob, The Chamber of Commerce's 2nd Annual Delray Beach Wine & Seafood Festival, is requesting a waiver for display /hanging of sponsor banners and signage on public property November 9th - November 10th (7:00 pm). The majority of all banners provided: by sponsors are at least 3 ft x 8 ft which exceeds the code limit of 20 square feet. Thank you in advance for consideration of this request. Should you have any questions, please contact me at 279 -0907. Thank you for your consideration. Sincerely, �JQ7 -7 `2- c�.�C_. Nancy Stewart- Franczak . Special Events Executive Director 2013 W &S Sign- Banner Waiver itequest.pub IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST REGARDING AN INCREASE IN SIZE OF TEMPORARY SPECIAL EVENT NON - ROADWAY BANNERS FOR THE WINE AND SEAFOOD FESTIVAL 1. This waiver request to allow an increase in size of temporary, special event non - roadway banners to exceed 20 sq. ft. in area came before the City Commission on October 15, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request to allow special event non - roadway banners to exceed 20 sq. ft. in area. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver Request: A waiver to LDR Section 4.6.7(F)(3)(f)(4), to allow an increase in size of temporary special event non - roadway banners from the twenty (20) square foot area size maximum provided in the LDRs to approximately twenty -four (24) square foot area size. Does the waiver request to increase the special event non - roadway banner size meet all the requirements of 2.4.7(B)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver requests to LDR Section 4.6.7(F)(3)(f)(4). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 15th day of October, 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 2 Cary D. Glickstein, Mayor MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, FCP, Senior Planner Paul Dorling, AICP, LEED GA, Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: October 9, 2013 SUBJECT: AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 CONDITIONAL USE REOUESTS /UPTOWN DELRAY ITEM BEFORE COMMISSION The action requested of the City Commission is approval of a conditional use request to allow a density increase above 30 dwelling units per acre (69.52 du /ac proposed) for Uptown Delray, a proposed mixed use development between SE 5th Avenue (Federal Highway) and SE 4th Avenue, north of SE 2nd Street. BACKGROUND The project area consists of Lots 4 through 10 and Lots 17 through 20 Block 102 of the Town of Delray subdivision. The property contains a parking lot that was constructed for the Bellsouth Telecommunication building at the northwest corner of SE 4th Avenue and SE 2nd Street. The property also contains an office building at the northwest corner of SE 5th Avenue and SE 2nd Street that was built in 1947. There are also two vacant lots located north of the office building. The City Commission considered the conditional uses (both height and density) at its meeting of June 4, 2013 and at the request of the applicant postponed the item. The postponement was requested by the applicant so they could revise the development proposal to address the issues expressed by the City Commission and issues identified in the staff report. In response, the applicant has substantially modified the development proposal. The height of the buildings have been reduced to a maximum of 48 feet (five stories), which eliminates the need for the conditional use request for a 60 -foot high building (six stories previously proposed). The six -level parking garage immediately adjacent to SE 4th Avenue has been reduced to three levels of parking including a subgrade level. This revised design significantly reduces the amount of garage wall area adjacent to a public right -of -way, which improves the compatibility of the project with the surrounding community. The fagade of the garage has been redesigned to incorporate the architecture into the overall theme of the project through the use of horizontal reveals and stainless steel grilles. Further, modification to the design provides a more residential fagade along a portion of SE 4th Avenue. While the project still does not provide a three bedroom unit, the project does not exceed the number of allowed smaller units (one bedroom/efficiencies) as requested with other recently approved developments. As a part of this unit count the project now provides 20 two - story, two bedroom townhouses, which also improves the variety and options within the downtown area. The project continues to provide diverse amenities such as a swimming pool, storage lockers, bicycle lockers, and a roof -top garden. The redesign does result in the loss of the large public plaza along Federal Highway, the smaller one along SE 4th Avenue, and a reduction in workforce dwelling units from 19 to 17. However, the above changes substantially address many of the concerns that prompted staff's initial recommendation for denial. The action requested of the City Commission is now limited to an increase in the residential density above 30 dwelling units per acre (69.52 dwelling units per acre proposed). The degree to which an increase in density can be granted are based on how well a development complies with the performance standards, which are analyzed in greater depth in the attached Exhibit "A." The proposed development complies with performance standards (a), (c), (d), (e), (f), and (g). The development proposal partially complies with performance standards (b) and performance standard (h) is not applicable to the property. The project fails to comply with performance standard (i) which requires enhanced landscaping. The applicant has substantially revised the development proposal and is now more consistent with the City's performance standards. Based on the project's adherence to the performance standards, the proposed density can be supported. It is noted that the development proposal contains a number of technical items such the sidewalk width, building setbacks, and lighting that must be addressed during the site plan process. RECOMMENDATION Move to approve the conditional use request to allow for a density in excess of 30 units per acre (69.52 du /ac proposed) for Uptown Delray, 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 meet criteria set forth in Sections 2.4.5(E)(5), 4.4.13(1), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addressing of the issues identified in this staff report. 2. That a finding of traffic concurrency be provided from the Palm Beach County Traffic Engineering Division. 3. That the provision of workforce housing units be addressed per an agreement to be approved by the Community Improvement Director and executed prior to certification of the site plan. 4. That the workforce covenant include a provision that no efficiencies or studio units be utilized for that program. 5. That the two at -grade crosswalks in the alley be raised and additional hardscape details be provided with the site plan submitted. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE MODIFICATION REQUEST FOR UPTOWN DELRAY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request to increase the residential density of the project to 69.52 dwelling units per acre for the Uptown Delray development has come before the City Commission on October 15, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Uptown Delray. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan - Future Land Use Element Objective A -1: This objective requires that the property shall be developed or redeveloped as it pertains to height, in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. Is this objective met? Yes No b. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of Commercial Core and is zoned Central Business District. Future Land Use - Is project's proposed location consistent with the Future Land Use Map? Yes No C. Concurrence: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and /or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No d. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes No II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: 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? ► C•7 b. Increase in Density. Pursuant to LDR Section 4.4.13(1), an increase in density greater than 30 dwelling units per acre may be approved by the City Commission as a conditional use for property within the Central Core portion of the CBD, provided that 20% of the residential units above 30 dwelling units per acre in the commercial core shall be workforce housing units. The workforce housing units shall be divided between low and moderate income levels and shall be provided either onsite, offsite or through a monetary contribution. 1. The applicable performance standards for development under this section are met as follows: 2 (a) The development offers variation in design to add interest to the elevations and relief from the building mass. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. (c) A number of different unit types, sizes, and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi -level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot, and landscaping. (e) The development provides common areas and /or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards or similar areas and /or amenities. (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. (h) Projects fronting on Atlantic Avenue, NW /SW 5t" Avenue, NE 1St Street or SE 1St Street contain nonresidential uses on the ground floor. At least 75% of the surface area of the front street wall(s) at the ground floor area of each such building is devoted to display windows and to entrances to commercial uses from outside the building. (i) The landscape plan for the development preserves and incorporates existing native vegetation (where available), provides new landscaping that is in excess of minimum standards (in height and quantity), demonstrates innovative use of plant material, improves site design, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction. Are these requirements met? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies the conditional use request set forth above subject to the conditions set forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this Order this 15th day of October, 2013, by a vote of in favor of approval and opposed. ATTEST: Chevelle Nubin City Clerk E Cary D. Glickstein, Mayor EXHIBIT A TO THE CONDITIONAL USE MODIFICATION REQUEST FOR UPTOWN DELRAY 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addressing of the issues identified in this staff report. 2. That a finding of traffic concurrency be provided from the Palm Beach County Traffic Engineering Division. 3. That the provision of workforce housing units be addressed per an agreement to be approved by the Community Improvement Director and executed prior to certification of the site plan. 4. That the workforce covenant include a provision that no efficiencies or studio units be utilized for that program. 5. That the two at -grade crosswalks in the alley be raised and additional hardscape details be provided with the site plan submitted. co 4TH Li vi 01 ST. A V E N U E Lu -i -- DIGMAL &LZE MAP SYSTEM -- MAP REF. S:\Ptanning & Zonlnq\DBMS\Fila—Gab\Z—LM 1001-1500\LM1367—Uptown Delay N UPTOWN DELRAY SuBjEcr PROPERTY PLANNING AND ZONING DEPARTMENT LOCATION MAP -- DIGMAL &LZE MAP SYSTEM -- MAP REF. S:\Ptanning & Zonlnq\DBMS\Fila—Gab\Z—LM 1001-1500\LM1367—Uptown Delay WL I io 1,4Z PLANNING AND ZONING BOARD CITY OF DELRAY BEACH -- -STAFF REPORT-- - MEETING DATE: April 15, 2013 AGENDA ITEM: VI.A. ITEM: Conditional Use Request for Uptown Delray to Allow an Increase in Building Height to Exceed 48' (60' Proposed) and to Exceed 30 Dwelling Units Per Acre (77.62 dulac Proposed) for a Proposed Mixed Use Development Located Between SE Stn Avenue (Federal Highway) and SE 0 Avenue North of SE 2nd Street. GENERAL DATA: . -� ...... NCC Develo Applicant ............... Development .» N.E. 15' ST. - Agent ..... Weiner, Lynne & Thompson, P.A. Location .......................... Between SE 51h Avenue (Federal TT 77 _ ILLE� Ell Highway and SE 4th Avenue, north of SE 2n Street. A T L A N T I C A v E N U Property Size.._. ......... . 2.10 acres Future Land Use Map..... Commercial Core S.E. 1s7 ST. Current Zoning CBD Central Business District)-- Adjacent Zoning.... North: CBD n _ mm East: CBD South: CBD & RM (Multiple Family Residential) S. F_ 2No ST, i West: CBD Existing Land Use.......... AT &T parking lot, vacant, and office building _ ................... Ldli 5T. Proposed Land Use........ Proposed Mixed Use Project KnownE as Uptown Delray including _-Lh - m Conditional Use requests to Allow an Increase in Building Height to Exceed 48' for (60') and Exceed 30 du/ac. Ln (77.62 du/ac) in connection with 163 — r_ dwelling units and 4,270 square feet of office. ST. I Water Service ................. Existing on site. ST 9T. Sewer Service Existing on site. -- ................ W The action before the Board is making a recommendation to the City Commission on the following requests for conditional use approval, pursuant to Land Development Regulations (LDR) Section 2.4.5(E): ❑ To allow an increase to a maximum height of 60' proposed [LDR Section 4.14(J)(4)(b)]; and ❑ To allow a density exceeding 30 dwelling units per acre (77.62 du/ac proposed) in the Central Business District (CBD) [LDR Section 4.4.13(D)(12)]. The requests are in conjunction with Uptown Delray, a proposed mixed -use development, located between SE 5th Avenue and SE 4th Avenue, north of SE 2nd Street (approximately 2.10 acres). The project area consists of Lots 4 through 10 and Lots 17 through 20 Block 102 of the Town of Delray subdivision. The property contains a parking lot that was constructed for the Bellsouth Telecommunication building at the northwest corner of SE 4th Avenue and SE 2nd Street. The property also contains an office building at the northwest corner of SE 5th Avenue and SE 2nd Street that was built in 1947. There are also two vacant lots located north of the office building. At its meeting of August 27, 1973, the City Commission approved a site plan modification for a third floor on the AT &T building (fka Bellsouth Telecommunication) building immediately to the west of this property. This approval included an offsite parking lot of 66 required spaces built on this property (northeast corner of SE 4th Avenue and SE 2nd Street) to address required parking for the building expansion. Per LDR Section 4.6.9(B)(3), when existing parking is diminished by an addition or enlargement and such parking had been previously required, or would be required if the use were established at this point in time, such parking spaces must be replaced and be in addition to those spaces required for the addition or enlargement. The replacement of this parking for Bellsouth will be provided in addition to the project parking in the proposed new parking garage. A new conditional use application has been submitted for an increase in building height to 60 feet and an increase the density to 77.62 dwelling units per acre. The requests are in conjunction with Uptown Defray, a proposed mixed -use development located between SE 5th Avenue and SE 4th Avenue, north of SE 2nd Street (approximately 2. 10 acres). This conditional use application is now before the Board for consideration. The development proposal incorporates the following: ❑ Construction of two six -story buildings. The commercial component of the development consists of 4,270 square feet of retail /office, The residential portion of the development includes 163 dwelling units comprised of 37 efficiency units; 42 one - bedroom units; and 84 two- bedroom units. ❑ The recreational amenities include a rooftop pool, clubhouse, and gym. The recreational amenity package also includes a ground level 3,842 square foot aerobiclpilateslyoga room along Federal Highway. Planning and Zoning Board Staff Report: 4115113 Uptown Delray - Conditional Use Request Page 2 ❑ Construction of a 6 level parking garage along SE 4th Avenue. This parking garage includes an additional 66 parking spaces that will be set aside for the use of the AT &T property on the west side of SE 4th Avenue. ❑ Installation of sidewalks, walkways, courtyards, and associated landscaping. REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDR's as noted below. FUTURE LAND USE MAP; The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC) and a zoning designation of Central Business District (CBD), which are consistent with one another. Pursuant to LDR Section 4.4.13(D)(12), multiple - family dwelling units, excluding duplexes, are permitted through the conditional use approval process at a density greater than 30 units per acre on property located south of NE 2nd Street and north of SE 2nd Street, subject to the standards and limitations of LDR Section 4.4.13(1). Per LDR Section 4.3.4(J)(4)(b)(i)(9), an increase in building height up to 60 feet is allowed as a conditional use subject to the criteria of LDR Section 4.3.4(J)(4)(b). As discussed later in this report, positive findings cannot be made with respect to the referenced performance standards and criteria; thus positive findings cannot be made with respect to FLUM consistency. 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. Water and Sewer. Water service is available via service lateral connections to: 1) an existing 8" water main along SE 4th Avenue; 2) an existing 6" water main along SE 2nd Street; and 3) an existing 12" water main along Federal Highway (SE 5" Avenue). Sewer service is available via service lateral connections to an existing 8° sanitary sewer main along the alley and an existing 15" sanitary sewer main along SE 2nd Street. Fire protection is proposed to be provided via: 1) an existing fire hydrant located at the northeast corner of SE 2nd Street and Federal Highway; 2) an existing fire hydrant located at the northeast corner of SE 2nd Street and SE 4th Avenue; 3) a proposed fire hydrant along the east side of SE 4th Avenue north of SE 2nd Street; and 4) stand pipes that provide fire suppression service to the interior of the upper floors. Planning and Zoning Board Staff Report: 4115113 Uptown Delray - Conditional Use Request Page 3 Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: The preliminary drainage plans indicate that drainage will be accommodated onsite via exfiltration trenches and connection to the City's stormwater collection system along SE 4th Avenue. Based upon the above, positive findings with respect to this level of service standard can be made. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD -RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above - described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. The traffic statement indicates that the development will generate 1,346 average daily trips, 83 AM peak hour trips and 119 PM peak hour trips. The traffic statement needs to be submitted to the Palm Beach County Traffic Engineering Division for concurrency review and this is attached as a condition of approval. Per LDR Section 2.4.3(E)(3), a land use application, which will add use area or establish a new use, that will result in the addition on the premises of more than 50 employees, located in the City's TCEA (Transportation Concurrency Exception Area), shall include submittal of a program to implement employer -based TDM (Transportation Demand Management) activities. These activities may include, but are not limited to, ride sharing, van pooling, and flexible work hours. The 4,270 square feet of retail/office floor area will not generate more than 50 employees. Thus provision of an employer -based TDM is not applicable to the proposed development. Parks and Recreation Facilities: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build -out to meet the adopted standards ". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $81,500 will be required of this development for parks and recreation purposes. Solid Waste: The proposed 163 dwelling units will generate 84.76 tons of solid waste per year (163 units x 0.52 tons = 84.76 tons). The 4,270 square feet of retail/office floor area will generate 21.78 tons of solid waste per year (4,270 sq. ft. x 10.2 lbs. 12,000 = 21.78 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2046, thus a positive finding with respect to this level of service standard can be made. Schools: Verification from the Palm Beach County School District regarding school concurrency has been received. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Planning and Zoning Board Staff Report: 4/15/13 Uptown Delray - Conditional Use Request Page 4 A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use applications are noted: Future Land Use Element Objective A -1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed mixed -use development. However, the intensity of the residential density and height/massing of the project will not be complimentary to the single family neighborhood south of the subject property. The development includes an intense 6 floor parking garage along SE 4th Avenue that is not required by the LDR's to provide the same building step -back that the remainder of the development must provide. The result is an intensity along SE 4th Avenue that is incompatible with the primarily single story residential neighborhood to the south. This situation is exacerbated by the waiver proposed by the applicant that would further reduce the setback along this street. The single vehicular access to this garage is located along SE 4th Avenue. This will result in a traffic pattern that will direct an uncharacteristically large number of vehicle trips immediately adjacent the single family neighborhood. The quantity of these vehicle trips is expected to erode the quality of life in this neighborhood and create safety concerns for these residences. Finally, when the Downtown Design Guidelines were created it was envisioned that the increase in height from 48 feet to 60 feet would allow for an additional 5th floor from the standard 4 floors that is achieved in 48 feet. However, the proposed buildings were designed to get 6 floors within 60 feet. This additional floor will exacerbate the perception of the massing and intensity of the development versus a 5 story project on the same property. Future Land Use Element Objective C -3: The Central Business District (CBD) and surrounding neighborhoods, including A -1 -A, Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e, a "village by the sea ". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan by managing growth and preserving the charm. The following policies and activities shall be pursued in the achievement of this objective. Policy C -3.1: The CBD zoning district regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: ❑ Deletion of inappropriate uses; ❑ Incentives for locating retail on the ground floor with office and residential use on upper floors; ❑ Accommodating parking needs through innovative actions; • Incentives for dinner theaters, playhouses, and other family oriented activities; • Allowing and facilitating outdoor cafes; ❑ Incentives for mixed use development and rehabilitation; ❑ Elimination of side yard setback requirements; and ❑ Allow structural overhang encroachments into required yard areas. The proposal fails to fully provide commercial floor area on the ground floor along Federal Highway. While residential uses may not be inappropriate along SE 4th Avenue and SE 2 d Planning and Zoning Board Staff Report: 4115113 Uptown Delray - Conditional Use Request Page 5 Street, the provision of recreational facilities for the residents is an inappropriate use on the ground floor along Federal Highway. The proposed development is of such intensity that the applicant was essentially forced to convert this commercial area in an earlier version to a private recreation facility due to limitations on parking. This lack of commercial uses is antithetical to the City's neo- traditional efforts in the downtown area particularly in such close proximity to Atlantic Avenue. Based on the above, the proposed development is not consistent with Policy C -3.1 and is not of a nature that was envisioned for the core downtown area which encourages the pedestrian oriented uses at the street level. Transportation Element Policy A -1.5: New residential projects over 25 units and nonresidential projects over 10,000 square feet adjacent to existing or future Palm Tran bus stops shall provide an easement and install a city - approved bus shelter on site. If the project is not adjacent to a bus stop, or a bus shelter already exist, a contribution shall be made to the City in -lieu of providing the bus shelter on site. Studies have shown that the provision of bus shelters to protect riders from the elements leads to increased utilization and mitigates negative impacts to adjacent properties. Given the potential impacts the proposed mixed -use development will have on the surrounding road network and the location of a Palm Tran bus stop on SE 5th Avenue one block to the north of the subject property at the Chamber of Commerce, it is appropriate that the development contribute toward the cost of a bus shelter ($11,000) this is attached as a condition of approval. If the conditional use is approved, the development will comply with Transportation Element Policy A- 1.3 provided to the condition that the cost ($11,000) of a bus shelter be contributed. Transportation _Element-Policy D -2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA. The development proposal includes bicycle racks in both of the courtyards and one in the entrance to the courtyard along Federal Highway. It is noted that some limited storage lockers are available to the residences within the parking garage, which will allow additional secured storage opportunities for bicycles. However, additional storage opportunities should be provided to the residences and this is further discussed in the performance standards section of this report. With the provision of these additional facilities, the development will comply with Transportation Element Policy D -2.2. Open Space and Recreation Element Policy A -3.1: Tot lots and recreational areas, serving children from toddlers to teens, shall be a feature of all new housing developments as part of design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. The City may require a monetary contribution in -lieu of the provision of on -site facilities where appropriate. This policy may be waived for projects in the downtown area, because the City recognizes that households located downtown are likely to have fewer children than those located in suburban settings. Further, land in the downtown area is at a premium and it can be cost prohibitive to provide recreational features such as tennis courts, volleyball courts, etc. However, the proposed development does provide several recreational facilities for its residents, such as a swimming pool, club house, gym, and aerobicslpilates /yoga room. Given the intensity of the proposed development (163 dwelling units), it is reasonable that sufficient recreational opportunities are provided for the development. While the project does not provide recreation Planning and Zoning Board Staff Report: 4115113 Uptown Delray - Conditional Use Request Page 6 opportunities for all ages, it has provided sufficient opportunities given the anticipated demographics of the project. Some of the recreational, cultural and open space opportunities located in proximity to the Uptown Delray development include: Veteran's Park, which includes a large playground and recreational area; the Municipal Beach, 505 Teen Center and Hobbit Skate Park, the City's Tennis Center, and Old School Square Cultural Center. As playground areas are located close at (Veteran's Park, Osceola Park, and Currie Commons) as well as other facilities that can be utilized by children, such as the rooftop pool, have been provided, the intent of this policy will be met. Based on the above, it is appropriate to modify in part this requirement to not provide all of these services on site (i.e. tot lot). Housing Element Objective B -2: Redevelopment and the development of new land shall result in the provision of a variety of housing types and other amenities (i.e. bike trails, parks, sidewalks) to accommodate the diverse economic makeup of the City's demographic profile, and meet the housing needs of all residents. Policies which will implement this objective include: Housing Element Policy B -2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide three (3) and four (4) bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area and for infill projects having fewer than 25 units. While this development will not be restricted to occupancy by adults only, it is acknowledged that dwellings in downtown Delray Beach are not typically occupied by families with children. The proposed development will primarily accommodate young and middle -age professionals. The development will provide the following unit mix: 37 efficiency units, 42 one - bedroom units, and 84 two - bedroom units. Of these 163 dwelling units, the proposed development provides 7 different floor plans. There are several examples where the City has waived the requirement to provide 3 and 4 bedroom units such as the two recently approved SOFA projects. If this requirement is waived given its downtown location, the project complies with Housing Element Policy B -2.2. Housing Objective A -11: To assist residents of the City in maintaining and enhancing their neighborhood, the City, through public input and notification, shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A -11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Given the intensity of the residential portion of the development and the layout of the parking facility, there will be a significant detrimental impact on the residential neighborhood to the south. The design of the parking garage has only one driveway to SE 4 t" Avenue. This single Planning and Zoning Board Staff Report: 4115113 Uptown Delray - Conditional Use Request Page 7 access point will direct nearly all vehicles through the local streets and increase traffic flow within the adjacent low intensity residential neighborhoods. This will have a negative impact on struggling residential neighborhoods that are identified in the Comprehensive Plan as areas in need of redevelopment, revitalization, and rehabilitation. Based upon the above, the development proposal will not be consistent with Housing Policy A -11.3. PERFORMANCE STANDARDS FOR DENSITY INCREASE: LDR Section 4.4.13(1) - Performance Standards: These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than 30 dwelling units per acre. (1) The maximum permissible density of a particular project will be established through the conditional use process, basest upon the degree to which the development complies with the performance standards of this section, the required findings of Section 2.4.5(E), and other applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. All eligible developments to use these performance standards shall provide twenty percent (20 %) of the residential units above thirty (30) dwelling units per acre in the Commercial Core or twelve (12) units per acre in the West Atlantic Neighborhood as Workforce Housing units (fractions shall be rounded up). The workforce housing units shall be divided between low and moderate income levels and shall comply with other applicable provisions of Article 4.7. The units shall be provided either onsite, offsite or through a monetary contribution or as noted in LDR Section 4.7.2 c. The residential component of the proposed development consists of 163 dwelling units on 2.10 acres of land, which results in a density of 77.62 dwelling units per acre. The number of dwelling units above 30 dwelling units per acre is 100 units, which requires 20 workforce dwelling units. Including the 4 workforce dwelling units for the height increase, the proposed development will be required to provide a total of 24 workforce units. The development is located in the CBD zoning district, which allows the residential density to exceed 30 units per acre subject to conditional use approval. The analysis with respect to LDR Section 4.4.13(1) [Compliance with Performance Standards] is provided below. (2) The applicable performance standards for development under this section are as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. For example, the building setbacks or planes of the fagade are offset and varied. In structures having more than two (2) stories, stepping back of the upper stories (third floor and above) is encouraged to decrease the perception of bulk. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. The proposed development is contemporary urban design with unique plane changes, detailing, and architectural features. There is little change to the window design which Planning and Zoning Board Staff Report: 4115113 Uptown Delray - Conditional Use Request Page 8 leads to a little monotony, but it is not distracting from the overall design of the building. Based upon the above, this performance standard has been achieved. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. The garage is designed in a manner that obscures parked vehicles except in places where unavoidable, such as entrances and exits. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc is encouraged. The garage is located along the west side of the project and is visible from SE 41n Avenue. While the garage does include design elements that are consistent with the balance of the project, it fails to provide the neo- traditional elements such as window display area, etc. to maintain a pedestrian friendly environment for much of this streetscape. Thus, the design of the parking garage is only partially consistent with this performance standard. (c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi -level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The development proposal provides a mix of efficiency, one, and two bedroom dwelling units with numerous floor plans. The proposed development fails to provide a three bedroom product or a multi -level unit. There are 37 efficiency dwelling units, which represents 22.7% of the total dwelling units within the development. The development also includes what the applicant refers to as a one bedroom loft unit. This unit could be considered an efficiency dwelling unit, which would cause the development proposal to become inconsistent with the maximum number of efficiencies allowed. Thus, a condition of approval is attached that modification to the one bedroom loft unit be made to eliminate the small gap in the wall and that the bedroom wall be extended to the finished ceiling. Based upon the above, the intent of this performance standard has been achieved. (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot, and landscaping. Examples of some features that could be incorporated to meet this standard are: freestanding light poles and exterior light fixtures that are decorative and consistent with the architectural treatment of the building(s); pedestrian amenities such as benches, shaded walkways, decorative pavement treatment, that are similar in forms, colors, materials, or details as the architecture of the building(s); focal points such as public art, water feature /fountain, courtyard or public plazas designed to connect different uses along a continuous pedestrian walkway; or a combination of similar features that meet the intent of this standard. Planning and Zoning Board Staff Report: 4115/13 Uptown Delray - Conditional Use Request Page 9 As noted previously, the contemporary urban design is a unifying architectural element that binds the development together. The project fails to provide meaningful public plazas that provide relief from the massing of the project and actually feel accessible to the general public. The courtyards will provide a nice amenity to the residents of the project. The project provides a unique architectural feature for the northwest corner of Federal Highway and SE 2nd Street that consists of a self - supported artistic canopy. This feature is repeated in several places throughout the project. The project falls short of providing significant focal points such as art, water feature, or public plaza. Based on the above, the project partially complies with this criterion. (e) The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards or similar areas and/or amenities. The proposed development includes a swimming pool, club house, gym, aerobic /pilates /yoga room, parking garage, and two interior courtyards. The project also includes limited storage lockers within the parking garage. It is recommended that additional bike storage lockers be provided and this is attached as a condition of approval. It appears that an optimal location for additional lockers would be under the ramp on the ground floor of the parking garage. Based upon the above, the intent of this performance standard has been achieved provided additional storage lockers are provided. (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc.). The development provides extensive pedestrian connections throughout the property. The plans are deficient in terms of hardscape details. However, the public sidewalk has been effectively increased to the requested 8 -foot along Federal Highway, SE 2nd Street, and SE 4th Avenue due to the increased building setbacks and placement of additional sidewalk width within the setbacks areas. It is noted that an 8 -foot wide sidewalk is required along SE 2n6 Street and SE 4tn Avenue within the public right -of -way. However, the sidewalks along these two streets are only 5 feet wide within the public right -of -way with the balance on private property. This issue will need to be resolved as part of the site plan process and can be accommodated by the provision of a 3 -foot wide sidewalk easement. The pedestrian cross walks within the alley should be raised to improve safety and this is attached as a condition of approval. Based upon the above, the intent of this performance standard has been achieved. (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. The development provides 5 additional parallel parking spaces along SE 2n1 Street. The development also provides 66 additional parking spaces for the AT &T property on the Planning and Zoning Board Staff Report: 4115113 Uptown Delray - Conditional Use Request Page 10 west side of SE 4th Avenue. The parking garage has a one space surplus. Based upon the above, the intent of this performance standard has been achieved. (h) Projects fronting on Atlantic Avenue, NWISW 5th Avenue, NE 1st Street or SE 1St Street contain nonresidential uses on the ground floor. At least 75% of the surface area of the front street wall(s) at the ground floor area of each such building is devoted to display windows and to entrances to commercial uses from outside the building. The project does not have frontage on any of the prescribed streets. Thus, this performance standard is not applicable. (i) The landscape plan for the development preserves and incorporates existing native vegetation (where available), provides new landscaping that is in excess of minimum standards (in height and quantity), demonstrates innovative use of plant material, improves site design, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction. If necessary to achieve this standard, the project may exceed the maximum setback area on the ground floor. A landscape plan was submitted with the conditional use application. The development proposal does not include existing landscape material. The Senior Landscape Planner has reviewed the plans and found that the project complies with the City's landscape requirements. Thus, this performance standard has been met. If approved as conditioned, the proposed development will comply with performance standards (a), (c), (e), (f), (g), and (i). The development proposal does not fully comply with performance standards (b) and (d). Performance standard (h) is not applicable to the property. The recently approved Atlantic Plaza 11 project was granted 40 dwelling units per acre. The Sofa 1 project was approved with a density of 62.23 dwelling units per acre and the Sofa 2 project was approved with a density of 64.71 dwelling units per acre. The proposed density of the Uptown Delray project is 77.62 dwelling units per acre. The current development proposal contains no special characteristics that would support such an increase of residential density above the other recently approved projects. The most recent project (Atlantic Plaza 11) was forced to reduce the residential density from the proposed 51.1 dwelling units per acre to 40 dwelling units per acre. Based on the project's adherence to the performance standards, the proposed density cannot be supported. Further, the project is not compatible in terms of building mass and intensity of use with surrounding development and the application should be denied. REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT: Pursuant to LDR Section 4.3.4(K), the maximum height of structures in the CBD zoning district is 48'. Per LDR Section 4.4.13(F)(1)(a), 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. For buildings adjoining one street, the grade is established as the average of the mean elevation of the crown along the lot frontage. For buildings adjoining more than one street, the grade is established as the average of the mean elevation of the crown of the adjoining streets. Pursuant to LDR Section 4.3.4(J)(4)(b)(ii)(9), an increase to a maximum height of 60' (59' 4 ") may be approved by the City Commission as a conditional use for property within the Central Core portion of the CBD (Central Business District), except for that portion within Planning and Zoning Board Staff Report: 4115113 Uptown Delray - Conditional Use Request Page 11 150' of any zoning district which has a maximum height limit of 35', measured from the property line of the CBD zoned property. The City Commission may approve an increase in height to a maximum height of 60' based upon a finding of compliance with each of the enumerated criteria listed below. (i) The property is located within area #9, which allows an increase in height of up to 60 feet. (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', except if: (1) An increase in intensity is allowed when the increase from 48' to 60' is for the purpose of accommodating residential use on the top floor of the structure; however, the increase in intensity is only for the added residential use area. The increase is to provide residential on the top floor, thus the increase complies with this section. (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. The proposed development provides 18 dwelling units on the sixth floor. Thus, 4 workforce housing units need to be provided per this requirement. It is noted that the total workforce units will increase due to the provisions of the density increase requirements, which will be addressed in a later section of this report. A total of 24 workforce units would be required for the entire project. Further, the provision of workforce housing units will be addressed per an agreement that will need to be approved by the Community Improvement Director and executed prior to certification of the site plan and this is attached as a condition of approval. (iv)That the increase in height is based on or will result in two, or more, of the following: (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. The proposed development does not comply with the additional setback requirement and does not adhere to the setback requirements of the CBD zoning district. Thus, the proposed development is not consistent with this requirement. (2) That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking). The development provides 465 lineal feet of residential frontage including the dwelling units, leasing office, and recreational amenity. This equates to 72% of the frontage. The development provides 130 lineal feet of nonresidential frontage, which equates to 28% Planning and Zoning Board Staff Report: 4115113 Uptown Delray - Conditional Use Request Page 12 of the overall frontage. Based on this, the proposed development is not consistent with this standard. (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. The project contains two courtyards that are located interior to the building envelope of the buildings along Federal Highway and SE 4th Avenue. The development also includes an increased landscaped building setback for the dwelling units along SE 2nd Street and a small seating /courtyard area at the northwest corner of Federal Highway and SE 2"d Street. These interior courtyards do not provide the relief from the building mass as viewed from the public rights -of -way. Further, the minimal landscaped area and small seating area along SE 2nd Street provide no meaningful relief from the building mass. Based on the above, the proposed development is not consistent with this standard. Summary: Based on the above analysis, the project does not comply with any of the criteria in order to be eligible for an increase in height. Thus, the requested height increase is not eligible for consideration and must be denied. LDR SECTION 2.4.5(E) - REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional uses will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The following table identifies the zoning designations and uses that are adjacent to the subject property: The surrounding CBD (Central Business District) zoning designation to the north, south, east, and west is the same as the subject property. In addition, to the south is RM -zoned property that contains a vacant single family residence. The proposed mixed use project is not consistent with this single family residence and will likely hinder it from being utilized as such. As stated elsewhere in this report, the intensity and massing of the proposed mixed use project will have a detrimental impact on the single family neighborhood to the south. Based upon the above, positive findings cannot be made with respect to LDR Section 2.4.5(E)(5). Zonlnc�: Use: North Central Business District (CBD) Commercial South Multiple Family Residential (RM) & Single Family (vacant) & Commercial (vacant) CBD East Central Business District (CBD) Commercial Uses West Central Business District (CBD) AT &T The surrounding CBD (Central Business District) zoning designation to the north, south, east, and west is the same as the subject property. In addition, to the south is RM -zoned property that contains a vacant single family residence. The proposed mixed use project is not consistent with this single family residence and will likely hinder it from being utilized as such. As stated elsewhere in this report, the intensity and massing of the proposed mixed use project will have a detrimental impact on the single family neighborhood to the south. Based upon the above, positive findings cannot be made with respect to LDR Section 2.4.5(E)(5). Planning and Zoning Board Staff Report: 4115113 Uptown Delray Conditional Use Request Page 13 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff's review of the sketch plan and site inspections, the following analysis is provided. Building Setbacks: The development proposal does not comply with the City's building setback requirements. If the conditional use i5 approved, the applicant will need to seek relief from these requirements. Staff does not support the setback waivers. The determination on compliance with the CBD setback requirements will occur during the site plan review process. As noted previously the garage does not meet setback requirements and given the exemptions from stepping back this creates compatibility concerns. Parking Requirements: LDR Section 4.4.13(G)(1)(a) requires 1 parking space per 300 square feet of total floor area for all nonresidential uses except the restaurants and offices. Parking for multi - family residential structures and mixed use development must be provided pursuant to the following: • Efficiency dwelling unit 1.0 spacelunit • One bedroom dwelling unit 1.25 spaces/unit • Two or more bedroom dwelling unit 1.75 spaces/unit • Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 spaces/unit - for units 21 -50 0.30 spaces/unit - for units 51 and above 0.20 spaceslunit The proposed development contains 4,270 square feet of retail /office and 163 residential units comprised of 37 efficiency, 42 one - bedroom, and 84 two - bedroom units. The project also has an obligation to provide 66 parking spaces for the AT &T property on the west side of SE 4th Avenue to compensate for the elimination of the existing parking area. Based on this development mix, the required parking for the proposed development is 345 parking spaces. LDR Section 4.6.9(C)(8)(a) -- Shared Parking allows for buildings or a combination of buildings on a unified site to utilize the shared parking calculations which affords reduced parking requirements by accommodating varied peak utilization periods for different uses (see below). Planning and Zoning Board Staff Report: 4115113 Uptown Delray - Conditional Use Request Page 14 The development proposal provides a total of 346 parking spaces within the garage. Thus, the development proposal complies with the parking requirements with a one -space parking surplus. Compact Parking: Pursuant to LDR Section 4.6.9(C)(1)(g), up to 30% of the required parking for any use may be designated for compact cars. The development proposal includes 95 compact parking spaces, which is 27.5% of the total required parking. Thus, the development proposal complies with this requirement. Handicapped Accessible Parking: Pursuant to LDR Section 4.6.9(C)(1)(b), parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction (FACBC). Accessibility for residential units is addressed by the Federal Fair Housing Act. Pursuant to the FACBC, 8 handicap accessible spaces are required for parking facilities with 346 parking spaces. The conceptual plan complies with this requirement since 8 handicap accessible parking spaces are provided. On- Street Parking: Although not counted toward meeting the parking requirements for the project, a total of 5 new public parallel parking spaces are being provided along SE 2 "d Street are to be provided. Although available to the general public, these spaces should help meet the short term parking requirements of residents and guests of the project. One Bedroom Dwelling Units: Per LDR Section 4.7.9(c)(i), the total number of one bedroom units in any qualifying project shall not exceed 30% of the total number of units in the project, including both family/workforce units and market rate units. The development includes 42 one bedroom units and efficiency units, which is 48.46% of the total number of dwelling units within the development. The applicant is requesting a waiver for this increase and this will be addressed as part of the site plan review process if conditional use is granted. Workforce Housing Units: Per LDR Section 4.7.9(c)(h), no efficiency or studio type units shall be allowed under the family/workforce housing program. If the project is approved, the applicant will need to enter Planning and Zoning Board Staff Report: 4115113 Uptown Delray - Conditional Use Request Page 15 into a family /workforce housing program covenant with the City that ensures municipal oversight of this program. One of the stipulations of this covenant will be that no efficiencies or studio be utilized in this program and this is attached as a condition of approval. It is noted that this covenant will need to be fully executed prior to issuance of a building permit. Minimum Residential Floor Area: Per LDR Section 4.3.4(K), the minimum floor area for efficiency units is 400 square feet. The development provides one style of efficiency dwelling unit that has 614 square feet. The minimum required one bedroom unit floor area is 600 square feet. The development has two styles of one bedroom units that both contain 708 square feet. The minimum required two bedroom floor area is 900 square feet. The development provides four styles of two bedroom units that have 1,044 square feet (two styles have the same square footage), 1,062 square feet, and 1,156 square feet respectively. Stacking Distance: Per LDR Section 4.6.9(D)(3)(c)(1), the minimum distance between a right -of -way and the first parking space or aisle way in a parking lot with 346 parking spaces is 50 feet and 27 feet is proposed. The applicant has submitted a waiver request from this requirement that will be considered as part of the site plan process if the conditional use requests are approved. Garage Setback: Per LDR Section 4.4.13(F)(4)(e)(5), the minimum required front setback is 10 feet for the garage and 7' 9" is proposed. The applicant has submitted a waiver request from this requirement, which will be considered as part of the site plan process if the conditional use request is approved. This waiver request is not recommended for approval given its negative impact on compatibility with adjacent properties. Front Setbacks: Per LDR Section 4.4.13(F)(4)(b) & (c), the proposed buildings either encroach into or exceed the minimum /maximum front setbacks from Federal Highway, SE 2 d Street, and SE 4th Avenue. The applicant has submitted waiver request from these setback requirements, which will be considered as part of the site plan process if the conditional use requests are approved. It is noted that this lack of compliance serves as justification for denial of the conditional use application to increase the building height up to 60 feet. Window `transparency: Per LDR Section 4.6.18(13)(14)(iv)(2), percentage of window transparency and light transmission of the ground floor commercial areas needs to be provided on the plans. It does not appear that a minimum of 75% transparency has been achieved with this design. This issue will need to be addressed as part of the site plan process and may require a waiver. Photometric Plan: Per LDR Section 4.6.8(A)(3), the maximum illumination is 10 foot candles and a minimum of 1.0 foot candles at building entrances. The proposed photometric plan does not provide the required information at the doorway entrances into the commercial or residential areas. This will need to be addressed as part of the site plan process. Planning and Zoning Board Staff Report: 4115113 Uptown Delray - Conditional Use Request Page 16 Crime Prevention Throuah Environmental Desian (CPTEDI: Pursuant to LDR Section 4.4.13(F)(4)(f)(2), building and site design shall incorporate Crime Prevention Through Environmental Design ( CPTED) standards to the greatest extent possible. The Delray Beach Police Department and Planning and Zoning Department have conducted a CPTED review of the project. They have identified several measures that will improve the safety within the development and aid in reducing crime. In terms of natural surveillance, the garage stairwell should be opened up for better surveillance and to eliminate an ambush point. The photometric plan needs to be revised to include the building entrances to ensure safety. The interior doors need to include redundant keyless entry systems to ensure abnormal users do not have access to residential areas of the project. The garage should include a gate system at some point interior to the building to prevent abnormal use (vehicles) from entering areas that are dedicated for residential parking. In terms of territoriality, the courtyard along Federal Highway is a poor design since abnormal users will have direct access to the living areas of the residential uses and this should be eliminated. Infrared closed circuit television (CCTV) should be utilized to monitor the activities of all users including the garage entrances to capture images of license plates. Right -of -Way Dedication: Pursuant to Land Development Regulation (LDR) Section 5.3.1, the required alley width is 20 feet and 16 feet exists. The applicant requests the abandonment of a portion of the alley and replacement with a 20 -foot public access easement. The applicant will also dedicate 2 feet on the west side of the alley for the remainder (northern) portion of the alley adjacent to the subject property which will not be part of the abandonment area. Community Redevelopment Agency (CRA): The CRA will review the conditional use requests at its meeting of April 11, 2013. The recommendation of the CRA will be announced at the Planning and Zoning Board meeting. Downtown Development Authority: At its meeting of March 11, 2013, the DDA reviewed the conditional use requests and unanimously recommended approval but expressed concerns with respect to the increased density of the project. Site Plan Review and Appearance Board: If the Conditional Use requests are approved, a site plan application will be processed for the development proposal, with final action by SPRAB. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: ➢ Neighborhood Advisory Council Planning and Zoning Board Staff Report: 4115113 Uptown Delray - Conditional Use Request Page 17 ➢ Jerry Franciosa, Delray Citizen's Coalition ➢ Chamber of Commerce Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. The attached e -mail expresses concerns with the Uptown Delray development has been filed. Additional letters of support or concern, if any, will be presented at the Planning and Zoning Board (P &Z) meeting. 1 SSESS EN AN.D CO(°SCL& IJ The proposed conditional uses are to allow for a mixed -use structure having a height in excess of 48' (60' -0" proposed) and to allow for a density in excess of 30 units per acre within the CBD (77.62 dulac is proposed). The proposed use is inconsistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDRs. Positive findings cannot can be made with respect to LDR Section 2.4.5(E)(5), regarding compatibility of the proposed development with the surrounding properties, with respect to the requested increases in building height and density. In particular, the intensity of the proposed development will have a negative impact on the surrounding residential neighborhood to the south. The proposed development fails to meet any of the three criteria to be considered for a height increase required under LDR Section 4.3.4(J)(4)(b)(iv). Further, the development proposal fails to sufficiently meet or exceed the performance standards in LDR Section 4.4.13(1) to be granted an increase the residential density. A. Postpone with direction. B. Move a recommendation of approval of the conditional use requests to allow for a building height in excess of 48' (60' proposed) and a density in excess of 30 units per acre (77.62 du/ac proposed) for Uptown Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.3.4(J)(4)(b)(iv), 4.4.13(1), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial of the conditional use requests to allow for a building height in excess of 48' (60' proposed) and a density in excess of 30 units per acre (77.62 du/ac proposed) for Uptown Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E)(5), 4.3.4(J)(4)(b)(iv), 4.4.13(1), and Chapter 3 of the Land Development Regulations. By Separate Motions: ❑ Move a recommendation of denial of the conditional use request to allow for a building height in excess of 48' (60' proposed) for Uptown Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is Planning and Zoning Board Staff Report: 4115113 Uptown Delray - Conditional Use Request Page 18 inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E)(5), 4.3.4(J)(4)(b)(iv), and Chapter 3 of the Land Development Regulations; ❑ Move a recommendation of denial of the conditional use request to allow for a density in excess of 30 units per acre (77.62 du/ac proposed) for Uptown Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E)(5), 4.4.13(1), and Chapter 3 of the Land Development Regulations; If the Planning and Zoning Board votes to recommend approval of the conditional use requests, staff recommends the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and address the issues identified in this staff report. 2. That a finding of traffic concurrency be provided from the Palm Beach County Traffic Engineering Division 3. That the applicant contributes toward the cost of a bus shelter ($11,000). 4. That the provision of workforce housing units be addressed per an agreement to be approved by the Community Improvement Director and executed prior to certification of the site plan. 5. That the workforce covenant include a provision that no efficiencies or studio units be utilized in this program. 6. That modifications to the one bedroom loft unit be implemented to eliminate the small gap in the wall and all walls extended to the finished ceiling. 7. That additional bicycle storage lockers be provided. S. That the two at -grade crosswalks in the alley be raised. Attachments: • Conceptual Plans & Location Map Report prepared by. 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CL ., ?' i w....i ... - V . ....... .. .$ <.u1n �,.i.... O:ix�i .,P .:.. 3�F i3 2. 3 L>t !C# S ^Y z P2 Si. 9 A g z Pape, Scott Froth: Truxell, Rebecca Sent: Wednesday, April 10, 2013 12:05 PM To: Pape, Scott Subject: FW: Agenda Item for Next Week Please see below emails re: Uptown. Rebecca TruXefl Administrative Assistant /Secretary to SPRAB Planning & Zoning bepartment City of Delray Beach 100 NW 1st Avenue Oelray Beach, FL 334444 Phone: 561.243.7040 Fax: 561.243.7222 truxei I @mydelraybeach.coM From: FRANCIOSA4DELRAYC&aol.com [ mai Ito: FRANCIOSA4DELRAYCcbaol.corn] Sent: Wednesday, April 10, 2013 11:55 AM To: ioe@buildinggreengenerations .cam; Truxell, Rebecca; sa45 @aol.com; esservicesl(agmail.com; dreraig(&spodakdental.com; shutts4@att.net; hansen.janc @gmail.com; clynch@plastridge.com Subject: Re: Agenda Item for Next Week Joe: Thank you for taking the time to address the City's height and density issue. I will keep your thoughts on the issue in mind when I am presented with this agenda item. Hopefully if you have the time you can come to the P & Z meeting and address your concerns personally to the board. Given your accreditations I am sure you can make a compelling case for or against the issue. Thank you, Gerry Franciosa In a message dated 4/10/2013 10:58:59 A.M. Eastern Daylight Time, [ oe (a7buildinggreengenerations.com writes: Dear Planning and Zoning, At your next meeting you will be hearing the Upton Delray item (see below) regarding increased density and increased height. These requests appear to be remarkably similar to the requests for Atlantic Plaza 1 Crossing. In general, as an architect and an appointed Palm Beach County Zoning Commissioner, I am becoming increasingly concerned about why so many projects in Delray are coming before the City for approvals above and beyond the zoning code requirements. If the City is at a point where projects are regularly being granted these approvals, then it seems that the "exception" has become the rule. Perhaps the Zoning Code is no longer appropriate and needs to be adjusted accordingly. I would submit at this time that projects should continue to work within the confines of our zoning code until such time as changes are made to the zoning code. That is a single family neighborhood directly across from this lot. That means it would be going from six level structured parking garage to one story, small single - family residential homes with essentially zero transition. As I did with Atlantic Plaza as well, I would also object to the City abandoning alleyways and right of ways. I believe the City giving up such right of ways sets a dangerous precedent. However, if you are considering approval, we at Delray Beach Green would again encourage this Board to at least include green certification as a condition of approval In the case of Atlantic Plaza / Crossing your Board added green certification as a condition of approval. We would like to encourage this Board to continue to incentivize green building in this manner with this project. As you know, many of the Developers have not had an issue with committing to such a certification (e.g. SofA and Atlantic Plaza / crossing). Sometimes all it takes is just asking them if they will commit to it. And as we have noted before, this type of incentive to encourage green buildings in a community is very common practice. With the existing already green certified buildings, the ones currently planned, and future potential projects like this, Delray has the opportunity to have the highest density of certified green buildings in such a small area in the State of Florida. This could be a great advantage to the City from a PR and tourism standpoint and this would continue to bring the City in line with many of its long -term goals as outlined in reports and workshops such as the 2009 Delray Beach Green Task Force Report and the recent Vision 2020 workshop. A_ Conditional use requests allow an increase in density in excess of 30 residential units per acre (77.62 units per acre proposed) and an increase in the building height in excess of 48 feet ( 0 feet proposed), for Uptown Delray; a proposed mixed -use development that includes the demolition of the existing commercial building and removal of the existing parking lot and construction of 163 residential apartment units and 4,270 square feet of retailloffice space a 6-story building and 6-level structured parking garage_ The subject site is located on the north side of SE 2nd Street between SE 4' Avenue and SE 5' Avenue- Quasl -)qd cJal Hearing i_ Abandonment of a portion the sixteen foot wide north- south alle dray lying within Block 112, Town of Delray and extending 244.93 feet narth of SE 2nd Street. Quay j-udicJ Hearin As always, thank you very much for your service and your time. 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L g�d � a F 3 K e Y 5 8 & Nzi age �5 e� m2 of g gg o� 5 8 & Nzi age �5 e� Agent: Weiner, Lynne & Thompson, P.A. Project Name: Uptown Delray Project Location: The subject property is located between SE Stn Avenue and SE 4'h Avenue, north of SE 2nd Street (approximately 2.10 acres). ITEM Bi= IRL=THE4�RQ The item before the Board is reconsideration of the conditional uses to exceed a height of 48 feet (60 feet proposed) and increase the residential density of the project to 69.52 dwelling units per acre. Background At its meeting of April 15, 2013, the Planning and Zoning Board considered the conditional uses. After considering the development proposal, the Board postponed the applications and directed the applicant to address: ➢ Project massing /scale ➢ Mitigation techniques for height ➢ Pedestrian transitions ➢ Minimize code deviations ➢ Enhance landscaping ➢ LEED certification ➢ Bicycle strategies ➢ Incorporate SAFE design elements ➢ Dumpster access and internal building consistencies ➢ Provide and delineate exemplary design techniques ➢ Provide additional multi - commercial tenant opportunities The development proposal has been modified to reduce the number of dwelling units from 163 (77.62 du /ac) to 146 (69.52 du/ac). Further, the gross floor area of the commercial space has been increased from 4,270 square feet to 7,854 square feet. The additional commercial area was achieved by converting a dwelling unit along SE 2 I Street and the aerobicslpilates /yoga room along Federal Highway to commercial. The plaza at the northwest corner of SE 5th Avenue and SE 2"d Street has also been enlarged. The entrances to the courtyards along SE 5th Avenue and SE 4th Avenue have been widened. The floor plans have been refined to provide doors for the internal areas such as the trash rooms and some of the electrical rooms. The development proposal includes additional bicycle storage and general storage rooms for the resident's in the ground floor of the courtyard along Federal Highway. The increased courtyard provides a substantial mitigation to the massing of the buildings. The applicant has provided no narrative or details on how the project will achieve third party certification regarding sustainability and the resubmittal includes no narrative or details regarding SAFE design elements. Meeting Date: May 20, 2013 Memorandum Staff Report: P &Z Board 5/20113 Uptown Delray — Reconsideration of Conditional Uses for Height and Density Page 2 REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT: Pursuant to LDR Section 4.3.4(J)(4)(b)(i)(9), an increase to a maximum height of 60' (59' 4 ") may be approved by the City Commission as a conditional use for property within the Central Core portion of the CBD (Central Business District), except for that portion within 150' of any zoning district which has a maximum height limit of 35', measured from the property line of the CBD zoned property. The property abuts RM zoned property to the south, therefore, the increase for height cannot be requested for the south 150' of the property. The applicant has maintained this required setback. The City Commission may approve an increase in height to a maximum height of 60' based upon a finding of compliance with each of the enumerated criteria listed below. (iii)Workforce housing unfits, 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. The proposed development provides 11 dwelling units on the sixth floor. Thus, 2.2 (3) workforce housing units need to be provided per this requirement. It is noted that the total workforce units will increase due to the provisions of the density increase requirements, which will be addressed in a later section of this report. A total of 19 workforce units would be required for the entire project. Further, the provision of workforce housing units will be addressed per an agreement that will need to be approved by the Community Improvement Director and executed prior to certification of the site plan and this is attached as a condition of approval. (iv)That the increase in height is based on or will result in two, or more, of the following: (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. The proposed development does not comply with the additional setback requirement and does not adhere to some of the other required setbacks of the CBD zoning district. Thus, the proposed development is not consistent with this requirement. (2) That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking). The development provides 272 lineal feet of residential frontage including the dwelling units and leasing office. This equates to 54% of the frontage. The development provides 232 lineal feet of nonresidential frontage, which equates to 46% of the overall frontage. Based on this, the proposed development is not consistent with this standard. (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. Memorandum Staff Report: P &Z Board 5120113 Uptown Delray — Reconsideration of Conditional Uses for Height and Density Page 3 The two courtyards located along Federal Highway and SE 4th Avenue have been opened up by adjusting the floor plans. The plaza at the northwest corner of Federal Highway and SE 2 d Street has been increased by also adjusting the floor plans. These courtyards and plaza have now become meaningful features that provide relief from the building mass. However, due to the conversion of residential to commercial along SE 2nd Street and the reduction of the landscape area to 5 feet wide, the larger trees and palms previously provided have been eliminated. These species provided much needed mitigation to the massing of the building along SE 2nd Street. It is noted that a minimum setback of 10 feet is required for the residential portion of the development along SE 2nd Street. Since the revised proposal provides the required courtyards /plazas, the project now partially meets this criteria. Summary: The project has been revised to now partially comply with criteria #3. However, while substantial steps have been made to provide the plazas, the project fails to provide a meaningful building setback along SE 2nd Street which would then allow for substantial vertical landscaping to mitigate the massing of the building. As two of the three required criteria have not been adequately met, the project is not eligible to be considered for a height increase. PERFORMANCE STANDARDS FOR DENSITY INCREASE: LDR Section 4.4.13 I - Performance Standards: These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than 30 dwelling units per acre. (1) The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of Section 2.4.5(E), and other applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where is determined that the proposed proiect is not compatible in terms of building mass and intensity of use with surrounding development. All eligible developments to use these performance standards shall provide twenty percent (20 %) of the residential units above thirty (30) dwelling units per acre in the Commercial Core or twelve (12) units per acre in the West Atlantic Neighborhood as Workforce Housing units (fractions shall be rounded up). The workforce housing units shall be divided between low and moderate income levels and shall comply with other applicable provisions of Article 4.7. The units shall be provided either onsite, offsite or through a monetary contribution or as noted in LDR Section 4.7.2 c. The residential component of the proposed development consists of 146 dwelling units on 2.10 acres of land, which results in a density of 69.52 dwelling units per acre. The number of dwelling units above 30 dwelling units per acre is 83 units, which requires 16.6 workforce dwelling units. Including the 2.2 workforce dwelling units for the height increase, the proposed development will be required to provide a total of 19 workforce units. The development is located in the CBD zoning district, which allows the residential density to exceed 30 units per acre subject to conditional use approval. The analysis with respect to LDR Section 4.4.13(1) [Compliance with Performance Standards] is provided below. Memorandum Staff Report: P &Z Board 5120113 Uptown Delray — Reconsideration of Conditional Uses for Height and Density Page 4 (2) The applicable performance standards for development under this section are as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. For example, the building setbacks or planes of the facade are offset and varied. In structures having more than two (2) stories, stepping back of the upper stories (third floor and above) is encouraged to decrease the perception of bulk. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. The proposed development is contemporary urban design with unique plane changes, detailing, and architectural features. However, the fifth and sixth floor has too much of the building within 30 feet of the front setback along SE 4th Avenue. Per LDR Section 4.4.13(F)(4)(d)(1), at least 90% of the building must be setback a minimum of 30 feet and only 75.76% of the building is setback 30 feet or more. Further, the upper levels of the building exceed the maximum floor area as a percentage of the allowable ground floor area. Per LDR Section 4.4.13(F)(4)(b)(2), the third and fourth floors cannot exceed 70% (52,573 square feet) of the allowable ground floor (75,105 square feet). The proposed third floor consists of 58,971 square feet and the fourth floor consists of 56,148 square feet. The fifth and sixth floors cannot exceed 50% of the allowable ground floor area (75,105 square feet), which equates to a maximum allowed of 37,552 square feet. These floors also exceed the maximum with 41,966 square feet on the fifth floor and 38,546 square feet on the sixth floor. These percentages are important since they provide further insurance that buildings will contain the "wedding- cake" effect envisioned by the Downtown Design Guidelines to mitigate the massing of the building. This impression of massing is further exacerbated by the reduced setback of the proposed garage which has 192 feet of frontage at 51 feet in height, 7 feet from the property line. Further, relief via waivers to these sections would have to be granted during the site development approval stage. Since the development does not conform to the setback and maximum floor area requirements, this performance standard has not been achieved. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. The garage is designed in a manner that obscures parked vehicles except in places where unavoidable, such as entrances and exits. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc is encouraged. The garage is located along the west side of the project and is visible from SE 4 t Avenue. While the garage does include design elements that are consistent with the balance of the project, it continues to fail to provide the neo- traditional elements such as window display area, etc. to maintain a pedestrian friendly environment for much of this streetscape. Finally, the design of the garage fails to adequately screen the vehicles. Thus, the design of the parking garage is only partially consistent with this performance standard. (c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi -level units and flats. In projects consisting of more than twelve (12) dwelling Memorandum Staff Report: P &Z Board 5120/13 Uptown Delray — Reconsideration of Conditional Uses for Height and Density Page 5 units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The development proposal provides a mix of efficiency, one, and two bedroom dwelling units with numerous floor plans. The proposed development continues to fail to provide a three bedroom product or a multi -level unit. There are 28 efficiency dwelling units, which represents 19.18% of the total dwelling units within the development. Modifications need to be made to the one bedroom loft unit bedroom walls (extended walls to the ceiling), otherwise, they would be considered efficiency dwelling units by definition. Thus, the condition of approval is still attached that bedroom wall be extended to the finished ceiling. Based upon the above, the intent of this performance standard has been achieved. (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot, and landscaping. Examples of some features that could be incorporated to meet this standard are: freestanding light poles and exterior light fixtures that are decorative and consistent with the architectural treatment of the building(s); pedestrian amenities such as benches, shaded walkways, decorative pavement treatment, that are similar in forms, colors, materials, or details as the architecture of the building(s); focal points such as public art, water featureffountain, courtyard or public plazas designed to connect different uses along a continuous pedestrian walkway; or a combination of similar features that meet the intent of this standard. As noted previously, the contemporary urban design is a unifying architectural element that binds the development together. The project has been redesigned to provide substantial courtyards along SE 4th Avenue and Federal Highway together with a public plaza at the northwest corner of Federal Highway and SE 2"d Street. The project provides a unique architectural feature for the northwest corner of Federal Highway and SE 2"" Street that consists of a self - supported artistic canopy. This feature is repeated in several places throughout the project. Based on the above, the project now complies with this performance standard. (e) The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards or similar areas and/or amenities. The proposed development includes a swimming pool, club house, gym, yen garden, parking garage, and two courtyards. The project also includes limited storage lockers within the parking garage and now includes additional secured bicycle racks and storage lockers in the courtyard along Federal Highway. Based upon the above, the intent of this performance standard has been achieved. (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc.). Memorandum Staff Report: P &Z Board 5120113 Uptown Delray — Reconsideration of Conditional Uses for Height and Density Page 6 The development provides extensive pedestrian connections throughout the property. The plans are deficient in terms of hardscape details. However, the public sidewalk has been effectively increased to the requested 8 -foot along Federal Highway, SE 2 "d Street, and SE 4th Avenue due to the increased building setbacks and placement of additional sidewalk width within the setbacks areas. It is noted that an 8 -foot wide sidewalk is required along SE 2nd Street and SE 4th Avenue within the public right -of -way. However, the sidewalks along these two streets are only 5 feet wide within the public right -of -way with the balance on private property. This issue will need to be resolved as part of the site plan process and can be accommodated by the provision of a 3 -foot wide sidewalk easements. The proposed pedestrian cross walks within the alley should be raised to improve safety and additional hardscape details need to be provided with site development plans and these are attached as conditions of approval. Based upon the above, the intent of this performance standard has been achieved. (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. The development provides 5 additional parallel parking spaces along SE 2nd Street. The development also provides 66 additional parking spaces for the AT &T property on the west side of SE 4th Avenue. This parking is to replace the elimination of required AT &T parking as a result of this project. The parking garage has a 14 -space surplus. Based upon the above, the intent of this performance standard has been achieved. (h) Projects fronting on Atlantic Avenue, NWISW 5th Avenue, NE 1" Street or SE 1St Street contain nonresidential uses on the ground floor. At least 75% of the surface area of the front street wall(s) at the ground floor area of each such building is devoted to display windows and to entrances to commercial uses from outside the building. The project does not have frontage on any of the prescribed streets. Thus, this performance standard is not applicable. (i) The landscape plan for the development preserves and incorporates existing native vegetation (where available), provides new landscaping that is in excess of minimum standards (in height and quantity), demonstrates innovative use of plant material, improves site design, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction. If necessary to achieve this standard, the project may exceed the maximum setback area on the ground floor. A landscape plan was submitted with the conditional use application. The Senior Landscape Planner has reviewed the plans and found that the project complies with the City's minimum landscape requirements. Landscape in excess of minimum standards has not been provided therefore this performance standard has not been met. If approved as conditioned, the proposed development will comply with performance standards (c), (d), (e), (0, and (g). The development proposal partially complies with performance standards (b) and performance standard (h) is not applicable to the property. The project fails to comply with performance standard (a), which requires mitigation and relief from the building mass and (i) which requires enhanced landscaping. The proposed density of the Uptown Delray project is 69.52 dwelling units per acre. The current development proposal contains no special characteristics that would Memorandum Staff Report: P &Z Board 5/20113 Uptown Delray — Reconsideration of Conditional Uses for Height and Density Page 7 support such an increase of residential density above the other recently approved projects. The most recent project (Atlantic Plaza 11) was forced to reduce the residential density from the proposed 51.1 dwelling units per acre to 40 dwelling units per acre. Based on the project's adherence to the performance standards, the proposed density cannot be supported. Even with 100% adherence to the performance standards a project may be denied if it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. The project is not compatible in terms of building mass particularly along SE 4th Avenue nor intensity of use with surrounding development and the application should be denied. The project fails to meet two of three of the required criteria to be considered for a height increase. The project does not comply with the CBD setback requirements, does not provide the minimum nonresidential frontage, nor does it provide the enhanced landscaping to mitigate the massing of the project. Thus, the conditional use to increase the building height must be denied. The concern regarding the perceived massing of the project by providing 6 stories rather than the 5 stories envisioned by the code remains. This massing will be particularly oppressive along SE 4th Avenue, where the upper floors are located closer to the right -of -way and the proposed reduced garage setback. It is noted that the applicant will need to request several waivers as part of a subsequent site plan process in order to comply with the building set back and floor area percentage requirements of the Downtown Design Guidelines. With respect to the requested density, the applicant has reduced the total number of dwelling units from 163 (77.62 du /ac) to 146 (69.52 du /ac). In order to achieve the requested density, a superior development proposal should be provided that meets all of the performance standards in a remarkable way. The proposed development falls short of fully complying with these performance standards in terms of the parking garage design, building massing and enhanced landscaping. The proposed garage design is antithetical to the City's vision of pedestrian oriented neo- traditional design. The massing of this garage 7 feet from the public right -of -way will be oppressive to the streetscape. Further, the massing of the 6 -story residential portion of the development along SE 4th Avenue will also be oppressive to the streetscape. The relief from the Downtown Design Guidelines that will need to be provided for the project in terms of step backs and floor percentages is indicative of inappropriate massing and lack of compatibility of the development that will cause a negative impact on the streetscape. The proposed use is inconsistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDRs. Positive findings cannot can be made with respect to LDR Section 2.4.5(E)(5), regarding compatibility of the proposed development with the surrounding properties, with respect to the requested increases in building height and density. In particular, the intensity of the proposed development will have a negative impact on the surrounding residential neighborhood to the south. The proposed development still does not meet two of the three criteria and only partially meets the third to be considered for a height increase required under LDR Section 4.3.4(J)(4)(b)(iv). Further, the development proposal fails to sufficiently meet or exceed the performance standards in LDR Section 4.4.13(l) to be granted an increase the residential density. ;L�:li�1E ,TIC A. Postpone with direction Memorandum Staff Report: P &Z Board 5120113 Uptown Delray — Reconsideration of Conditional Uses for Height and Density Page 8 B. Move a recommendation of approval of the conditional use requests to allow for a building height in excess of 48' (60' proposed) and a density in excess of 30 units per acre (69.52 du/ac proposed) for Uptown Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.3.4(J)(4)(b)(iv), 4.4.13(1), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial of the conditional use requests to allow for a building height in excess of 48' (60' proposed) and a density in excess of 30 units per acre (69.52 dulac proposed) for Uptown Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E)(5), 4.3.4(J)(4)(b)(iv), 4.4.13(1), and Chapter 3 of the Land Development Regulations. By Separate Motions: ❑ Move a recommendation of denial of the conditional use request to allow for a building height in excess of 48' (60' proposed) for Uptown Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E)(5), 4.3.4(J)(4)(b)(iv), and Chapter 3 of the Land Development Regulations; ❑ Move a recommendation of denial of the conditional use request to allow for a density in excess of 30 units per acre (69.52 du/ac proposed) for Uptown Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E)(5), 4.4.13(1), and Chapter 3 of the Land Development Regulations; If the Planning and Zoning Board votes to recommend approval of the conditional use requests, staff recommends the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addressing of the issues identified in this staff report. 2. That a finding of traffic concurrency be provided from the Palm Beach County Traffic Engineering Division 3. That the applicant contributes toward the cost of a bus shelter ($11,000). 4. That the provision of workforce housing units be addressed per an agreement to be approved by the Community Improvement Director and executed prior to certification of the site plan. 5. That the workforce covenant include a provision that no efficiencies or studio units be utilized for that program. 6. That the bedroom walls of the one bedroom loft units be extended to the finished ceiling to qualify units for that designation. Memorandum Staff Report: P &Z Board 5120113 Uptown Delray — Reconsideration of Conditional Uses for Height and Density Page 9 7. That the two at -grade crosswalks in the alley be raised and additional hardscape details should be provided with the site plan submitted. Attachments. • Conceptual Plans & Location Map • P &Z Board Staff Report - 4115113 Report prepared by.- Scott Pape, AICP, FCP, Senior Planner UPtown Delray Considerations by NCC October 10, 2013 Jim Smith (SAFE Chairman & Co- Founder) Charles Bonfield (SAFE Pres. & Co- Founder) 1225 S. Ocean Blvd., # 202 Delray Beach, FL 33483 Dear Jim and Charles, Per our conversation, we are proposing the following based on our current set of plans that we are going to present to the City Commission on October 15, 2013. We also thank you both for being so proactive with making the City of Delray Beach a better place to live, work and play. Thank you for taking the time and meeting with us to discuss your thoughts on how we can contribute to making the city an even better place to live. Per our conversation, we are proposing the following based on the current submitted plans and 146 homes with commercial and 1 or retail. 1. Unbundle parking from rent for those residents who do not need a car or a parking space, 2. Adopt a free, shared bicycle use program for residents by purchasing twenty (20) bicycles and maintaining bicycles in good repair. The bicycles will be available on a first come, first served basis for the residents of UPtown, 3. Provide an inside, safe and secure storage for bicycles with racks for a minimum of forty (40) bicycles for the residents of UPtown, 4. Arrange free delivery /pick up of rental bicycles, The remainder of this page is left blank intentionally 100 East Linton Blvd. I Suite 502A I Delray Beach, Florida 1 33483 M� UPtown Defray SAFE considerations 5. We will purchase and maintain an electrical vehicle (street -legal golf cart or similar vehicle) to provide local transportation for tenants within UPtown Delray for shopping and other local use within downtown Delray Beach on a first come, first served basis with the cost thereof including, without limitation, insurance expense, to be a pass -thru to the tenants and the use thereof will be subject to rules and regulations promulgated from time to time with respect to the use of such vehicles. 6. Promote a commuter tax benefit program, and discounted Tri -Rail and Palm Tran passes, we will provide space for a permanent transportation information kiosk within the lobby or mailroom areas with info on short term vehicle rentals. The kiosk also will contain other transportation related and scheduling information from Palm Tran, Tri -Rail, the Delray Shuttle, South Florida Commuter Services, as well as new or substitute transportation providers. 7. Meet with SAFE and South Florida Commuter Services (SFCS) to review additional TDM initiatives and therefore we might be able to implement and mitigate traffic trips before the leasing /contract phase begins. 8. Contribute Two Thousand Five Hundred Dollars ($ 2,500) at time of building permit towards the purchase of a City of Delray Trolley (if the city does not perform the work within five (5) years, then the contribution will be returned to developer) 9. Contribute Five Thousand Dollars ($ 5,000) at time of building permit for the construction of a new travel lane for left turns and a left turn lead arrow on SE 2nd Street between 5th and 6th Avenues, (if the city does not perform the work within five (5) years, then the contribution will be returned to developer) 10. Contribute Five Thousand Dollars ($ 5,000) at time of building permit for the cost of a future traffic signal if warranted by the City at the SE 2nd Street and the SE 4tn Avenue intersection, (if the city does not perform the work within five (5) years, then the contribution will be returned to developer) 11. UPtown is providing the construction of 8 -foot wide sidewalks as required by code, unless the city recommends narrower sidewalks than required by the existing code. Page 2 of 3 T�(I UPtown Delray SAFE considerations 12. Design raising of two (2) at -grade crosswalks in the alley, but this will be reviewed at time of final engineering to determine if it meets code. 13. Contribute towards the cost of a bus shelter, as per the requirements from the city code and the cost will be determined per the conditions of approval. 14. We will provide as much overhead sidewalk shelter /shade as possible. 15. We will contribute twenty five percent (25 %) of all grants received from the Delray CRA to the City that are earmarked for city -wide TDM initiatives. 16. For five (5) years after the Certificate of Occupancy, UPtown Delray will provide the following information at each calendar year end to SAFE and the City of Delray Beach for informational 1 data purposes. a) The number of residents who are paying a lower rent because they don't own a car or need a parking space b) The number of owner stored bicycles, c) The number of times the resident used the community vehicle for grocery shopping, d) The number of times the shared bicycles were used in the calendar year UPtown Delray is fine with the City adding any and all sixteen (16) items above as formal conditionals of approval based on the current plans submitted. We are committed to making UPtown an amazing place to live and will be extremely proactive as we are going through the design development phases. Sincerely Robert Mathias, town Delray cc: David Biggs Page 3 of 3 rtq EXHIBIT "A" PERFORMANCE STANDARDS FOR DENSITY INCREASE: LDR Section 4.4.13(I) - Performance Standards: These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than 30 dwelling units per acre. (1) The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of Section 2.4.5(E), and other applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. All eligible developments to use these performance standards shall provide twenty percent (20 %) of the residential units above thirty (30) dwelling units per acre in the Commercial Core or twelve (12) units per acre in the West Atlantic Neighborhood as Workforce Housing units (fractions shall be rounded up). The workforce housing units shall be divided between low and moderate income levels and shall comply with other applicable provisions of Article 4.7. The units shall be provided either onsite, offsite or through a monetary contribution or as noted in LDR Section 4.7.2 c. The residential component of the proposed development consists of 146 dwelling units on 2.10 acres of land, which results in a density of 69.52 dwelling units per acre. The number of dwelling units above 30 dwelling units per acre is 83 units, which requires 16.6 (17) workforce dwelling units. The development is located in the CBD zoning district, which allows the residential density to exceed 30 units per acre subject to conditional use approval. The analysis with respect to LDR Section 4.4.13(I) [Compliance with Performance Standards] is provided below. (2) The applicable performance standards for development under this section are as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. For example, the building setbacks or planes of the facade are offset and varied. In structures having more than two (2) stories, stepping back of the upper stories (third floor and above) is encouraged to decrease the perception of bulk. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. The proposed development is a contemporary urban design with unique plane changes, detailing, and architectural features. The development proposal has been substantially revised to comply with the City's setback requirements except for one instance. Per LDR Section 4.4.13(17)(4)(c)(1), the building is required to provide a minimum of 70% and a maximum of 90% of the building frontage at no greater than 10 feet from the property line along SE 2nd Street. The development proposal provides nearly none of the building at the 10 -foot setback line. The building starts at the 10 -foot setback at the west side of the property and ends at the east side of the property at 13 feet back from the property line. Apparently, this is due to the block being a rhomboid. The applicant will seek a waiver from this setback requirement during the site plan process and is supportable due to the configuration of the block and that the building in this case is further back than it should be rather than too close to the street. Based on the above, the development proposal is now consistent with this performance standard. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. The garage is designed in a manner that obscures parked vehicles except in places where unavoidable, such as entrances and exits. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc is encouraged. The garage portion of the development is well integrated into the architecture of the project with horizontal reveals and stucco treatments. The garage also has stainless steel grille openings that will provide an interesting architectural embellishment. The building elevations include the parking decks "ghosted" in and indicate that vehicle will not be visible from the street. The garage does not provide the window displays or floor area for active uses. Thus, this performance standard has been partially met. (c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi -level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The development proposal provides a mix of efficiency, one, and two bedroom dwelling units with numerous floor plans. The proposed development continues to fail to provide a three bedroom product. However, the project now includes 20 two story townhouse units. The development contains 24 efficiency dwelling units, which represents 16.4% of the 146 total dwelling units. The development proposal has been substantially modified to be more consistent with this performance standard. (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot, and landscaping. Examples of some features that could be incorporated to meet this standard are: freestanding light poles and exterior light fixtures that are decorative and consistent with the architectural treatment of the building(s); pedestrian amenities such as benches, shaded walkways, decorative pavement treatment, that are similar in forms, colors, materials, or details as the architecture of the building(s); focal points such as public art, water feature /fountain, courtyard or public plazas designed to connect different uses along a continuous pedestrian walkway; or a combination of similar features that meet the intent of this standard. As noted previously, the contemporary urban design is a unifying architectural element that binds the development together. The public plazas along Federal Highway and SE 4th Avenue have been eliminated with the current design largely due to the effort to get the parking garage design consistent with the performance standards. The plaza at the intersection of Federal Highway and SE 2nd Street has been kept in the current design and provides the desired relief from the massing of the building. Based on the above, the project complies with this performance standard. (e) The development provides common areas and /or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards or similar areas and /or amenities. The proposed development includes a swimming pool, club house, gym, roof top garden, parking garage, and one interior courtyard. The project also includes limited storage lockers within the parking garage and now includes additional secured bicycle racks and storage lockers in the courtyard along Federal Highway. Based upon the above, the intent of this performance standard has been achieved. (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc.). The development provides extensive pedestrian connections throughout the property. The plans are deficient in terms of hardscape details. However, the public sidewalk has been effectively increased to the requested 8 -foot along Federal Highway, SE 2nd Street, and SE 4th Avenue due to the increased building setbacks and placement of additional sidewalk width within the setbacks areas. It is noted that an 8 -foot wide sidewalk is required along SE 2nd Street and SE 4th Avenue within the public right - of -way. However, the sidewalks along these two streets are only 5 feet wide within the public right - of -way with the balance on private property. This issue will need to be resolved as part of the site plan process and can be accommodated by the provision of 3 -foot wide sidewalk easements. The proposed pedestrian cross walks within the alley should be raised to improve safety and additional hardscape details need to be provided with site development plans and these are attached as conditions of approval. Based upon the above, the intent of this performance standard has been achieved. (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. The development provides 5 additional parallel parking spaces along SE 2nd Street. The development also provides 66 additional parking spaces for the AT &T property on the west side of SE 4th Avenue. This parking is to replace the elimination of required AT &T parking as a result of this project. Based upon the above, the intent of this performance standard has been achieved. (h) Projects fronting on Atlantic Avenue, NW /SW 5t" Avenue, NE I't Street or SE I't Street contain nonresidential uses on the ground floor. At least 75% of the surface area of the front street wall(s) at the ground floor area of each such building is devoted to display windows and to entrances to commercial uses from outside the building. The project does not have frontage on any of the prescribed streets. Thus, this performance standard is not applicable. (i) The landscape plan for the development preserves and incorporates existing native vegetation (where available), provides new landscaping that is in excess of minimum standards (in height and quantity), demonstrates innovative use of plant material, improves site design, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction. If necessary to achieve this standard, the project may exceed the maximum setback area on the ground floor. A landscape plan was submitted with the conditional use application. The Senior Landscape Planner has reviewed the plans and found that the project complies with the City's minimum landscape requirements. Landscape in excess of minimum standards has not been provided therefore this performance standard has not been met. 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Interim Director of Parks and Recreation THROUGH: Louie Chapman, Jr., City Manager DATE: October 10, 2013 SUBJECT: AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 REJECTION OF ALL BIDS/ BEACH CABANA EQUIPMENT RENTAL CONCESSION ITEM BEFORE COMMISSION This item before Commission is for approval to reject the bid received for Bid Number 2013 -48 - Beach Equipment Concession for the Publicly Owned Beach. BACKGROUND On Sunday, Augusut 18, 2013, an advertisement was posted inviting qualified firms to provide a beach equipment rental concession bid for the City's municipal beach, in accordance with the terms, conditions, and specifications contained in the Invitation to Bid Number 2013 -48 - Beach Equipment Concession for the Publicly Owned Beach. On Tuesday, September 17, 2013, at 2:00 p.m. the bid opening took place. Only one bid was submitted. Due to non - competitive pricing, it is recommended to reject the only bid and rebid in the future. RECOMMENDATION Staff recommends to reject the only bid received because with only one bid it cannot be determined if it is competitive pricing. CITY OF DELI AY D1EA H 100 NW 1" AVENUE, DELRAY BEACH, TL 33444 BID No. '8 BEACH EQUIPMENT CONCESSION FOR THE PUBLICLY BEACH MAYOR VICE MAYOR DEPUTY VICE MAYOR COMMISSIONER CITY MANAGER - CARY D. GLICKSTEIN - AL. JACQUET - SHELLY E. PETROLIA - ANGELETA GRAY - LOUIE CHAPt► AN, YR. PurchasingOivisi©n *Finance Department O(561) 243- 7161/7163 *Fax (561) 243 -7166 1 i i Table of Contents Invitation to Bid 1 General Conditions, Instructions and Inforroalion 2-5 Standard Form of Agreement 6' — S Corporate Acknowledgment 9 Certificate (1f Corporation) t® Insurance : Requirements 11 Insurance Form Sample 12 Drug Free Workplace Certification 13 Specifications 14-21 Schedule of Pricing: Part 1 Proposal Part 11 Technical Proposal ..... Part Mouestionn-Ina 22 23 24 Cone of Silence 25 Bid 'Signature Form 26 Statement of No Bid 27 O I P e CITY OF OELRRV BEACH INVITATION TO BID Purchasing ,Office Telephone No. (561) 243 7161 100 N.W. 1 st Avenue Fax: (561) 243-7166 Delray Beech, Florida 33444 Bid No. 2013 -48 TITTLE BEACH EQUIPMENT RENTAL CONCESSION FOR THE PUBLICLY OWNED BEACH BIDS MUST BE: RECEIVED ON OR BEFORE: TUESDAY, SEPTEMBER 17, 2013, @ 2 :00 P.M. at which time all bids will be publicly opened and read. Invitation to Bid. PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed herein for the City of Delray Beach, Florida; Hereinafter called the CITY. A MANDATORY PRE -BID CONFERENCE has been scheduled for Tuesday; August 27 20,13 0- 10:00 -A M located at City Hall 1st Floor Conference Room, 100 N,/11. 1'g Avenue, Delray Beach, FL 33444, All interested bidders are required to attend and May ask questions. SEALED BIDS: Sealed bids /proposals will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all. bidders and general public are invited and encouraged to attend. All Bids shall. be submitted in sealed envelopes., mailed or delivered to the City of Delray Beach, Purchasing Office, 100 NW First Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: VE=NDOR NAME, BID NUMBER, TITLE AND DATE OF BID OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing. date and hour as shown above, the part of the.Supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. CITY'S ACCEPTANCE. Unless otherwise specified herein, the bidder will allow a minimum of sixty (60) days from the last date. for receiving of bids for acceptance of its bid by the City Manager and /or City 'Commission. .AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any Kids, 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 12 of the General Conditions. 11 P a __ GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS I SUBMISSION AND RECEIPT OF BIDS: A. Bids, to receive consideration, must be received prior to the Specified time of opening as designated in the invitation. 13. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation To Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C_ Bids having any erasures or corrections MUST be initialed by bidder in ink: Bids shall be signed in ink. All prices shall be typewritten orfilled in with. pen and ink. D. All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to .the total amount that may or may not be purchased from any resulting contracts, These quantities are for bidders' information only and will be used for tabulation and presentation of bid. S P'RICES:. 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 (50) days from the date of opening unless wise,stated by the City or bidder. S. 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 govem. C. Consideration in awarding bids for term contracts Will be given first to the bidder' offering. firm prices subject to market price reduction and second to the 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 failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. D. The City reserves the right to purchase items on state contract if such items can be obtained on the same terms; conditions, specifications and in the best interest of the. city.. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be, considered in determining the lowest net icost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid, 21P —ar, o 4 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. S 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.. 6 COPYRIGHTS OR PATENT RIGHTS. Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid., and seller agrees. to hold the City harmless from any and all liability, loss, orexpense occasioned by any.such violation. 7 COMPLIANCE WITH. SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. B. Whenever a bid is sought and services secured for any type of on -site construction . the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the Work site before leaving atthe:end of each working day. 8 MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves. the right to request from bidders separate manufacturer certification of all Statements made in the proposal, 9 SIGNED BID CONSIDERED AN OFFER:. This`s.igned bld shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach arid. in case. of default on the part of the bidder or contractor after such acceptance„ the City of Delray Beach may take such action' as it deems appropriate including legal action for damages or specific performance. 10. LIABILITY, INSURANCE, LICENSES AND PERMITS. A,. Where.bidders:are requiredlo.perform work o.n City structures ) ;or as. a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work. 61 LICENSES: If you :are not licensed. to perform work in the City of Delray Beach you MUST obtain an Occupational License before a Notice To Proceed will be issued. C. LIABILITY INSURANCE' The City prefers the insurance. and bonding companies have a BEST Rating no less.than.A -, VII or better. If you have any questions regarding the City's Insurance and /or Bond requirements please contact the Risk Management Office at (561) 243 -7150, 3j1ti >, 11. SPECIFICATIONS: A. For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the material/service from use as specified will not relieve the Bidder from responsibility, 12 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 will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. A sample Contract is attached to this ITB. The CITY anticipates that the final contract will be in substantial conformance with the Sample Contract, nevertheless, proposers are advised that any contract.which may result from the iTB may deviate from the Sample Contract if in the City's opinion such deviation is. reasonable, justiflable and serves the best interest of this procurement and of the CITY. 1`3: TAXES, The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government.. Exemption certificates certified on request. State Sales Tax Exemption Certificate No. 86- 8012621559C-4 appears on each purchase order. 14 FAILURE TO BID: If you do not bid, return "Statement of No Bid Form" and state reason: Otherwise, YOUR NAME MAY BE REMOVED FROM OUR MAILING LIST. 15. EXCEPTIONS TO CONDITIONS, I THRU 14 (Boiler Plate) Provlsio prevail. Ira 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. �'. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid: list. (sj.. 4 1 P a z 17 CONFLICT OF INTEREST: X Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee. who owns, directly or indirectly, an interest of five percent (a) or more in the bidder's firm or any of its branches. 18. NON - DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of rase., creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the fallowing; employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors, and it is the responsibility of the subcontractors to be in compliance, 19. 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 aE public entity; for the construction or repair of a public building or public work, may not submit bids on leases of read 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. 5 I .i. STANDARD FORM OF AGREEMENT FOR BEACH EQUIPMENT RENTAL CONCESSION (TB #r~ 201.3 -48 THIS AGREEMENT made this day of 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and (hereinafter called BIDDER). WITNESSETH The CITY and the BIDDER in consideration of the mutual covenants Hereinafter set forth., agree as follows' 1. The undersigned BIDDER hereby: represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and. conditions. 2. The BIDDER, as evidenced by the execution of this contract,. acknowledges that it has examined the physical characteristics of the job requirements, The BIDDER further acknowledges that the bid price includes all costs and expenses required for the. satisfactory completion of the contracts requirements. S. The contract between the CITY and the BIDDER include the following documents which. are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS PAGE NUMBERS Invitation to Bid. 1 General conditions, Instructions and Information 2-5 Standard Form of Agreement 6 - 8 Corporate Acknowledgement 9 Certificate (if Corporation) 10 Insurance Requirements 11 Sample Insurance Form 12 aru Free Work Place Certification 13 Bid Specifications 14-21 Proposal (Schedule of Pricing) 22 Technical Proposal 28 Questionnaire 24 Cone of Silence 25 Bid Signature Form 26 Statement of No Bid 27 Addenda numbers to inclusive, and any modifications, including Change Orders, duty delivered after execution of this Agreement. 4. The terry of this contract shall commence on the date set forth in the Bid Specifications. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests demands, and other given if personally delivered or mailed, certified mail., return receipt requested, to the following addresses:. 7, The BIDDER shall not, without prior .written consent of the CITY, assign any portion of its interest under this contract and, specifically, the BIDDER shall not assign any moneys due or to become due without the prior written consent of the CITY. 8 The CITY and the BIDDER 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. The BIDDER 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 pers °on or persons by or in consequence of any negligence (excluding the sole' negligence of the CITY), recklessness or intentional wrongful misconduct of the BIDDER and any persons employed or utilized by the BIDDER in the performance of this agreement. BIDDER 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 an account of the Use of any improper materials. BIDDER 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- lads, ordinances or regulations by the BIDDER, his s.ubcontractors,. agents, servants or employees: BIDDER 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 ]wrought 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. 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 maybe brought, against the CITY which may result from the operations and activities under this Contract whether the work be performed by the BIDDER; 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, BIDDER further acknowledges and agrees that as additional inducement to the CITY'S execution of this agreement; BIDDER does hereby release and forever indemnify and Mold harmless the. CITY 'from any and all causes of action andlor claims of any kind at law or in equity, relating to any and all prior agreements between BIDDER and CITY Bidder's Initials BIDDER acknowledges that as additional inducement to City's execution of this Agreement, BIDDER does hereby release, indemnify, and: hold harmless. City, its elected . officials, officers, agents, employees; and representatives from and against any and all loss, liability, penalties', damages of whatever nature, causes of action, suits, claims,, demands, judgments, injunctive relief, awards, and settlements arising out of the performance of this Agreement on behalf of BIDDER; its officials, agents, employees, and representatives. BIDDER further acknowledges that in no event shall City, its elected officials, officers,, agents; employees, and representatives be liable to BIDDER, its Officials; agents,_ employees, and representatives for an indirect, special, andlor consequential damage: or loss, arising out of the performance of this Agreement, including, but not limited to, loss of use, loss oU profit, and/or business interruption .whether caused by negligence of City or otherwise, and BIDDER shall indemnify and hold City harmless from, anli:such damages or liability, provided, however, that BIDDER'S release herein shall be limited to such insurance coverages and amounts required by this Agreement and shall also exclude any release for contractual payment obligations for which payment remains outstanding for work performed (and accepted by City) under this Agreement. Bidder's Initials 10, This Agreement shall be considered null and va.id unless sighed by both the BIDDER and the iCITYY. 11. The contract documents constitute the entire agreement between the CITY and the BIDDER. and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA, By, By: City Clerk Cary D. Gliclrsfein, Mayor Legal Sufficiency.- By:. City Attorney WITNESSES M Print Naive: Print Name: 8II'a, -a c CORPORATE ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2Q. , by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging); a (stag or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (typo of identification) as identification: Signature of Notary Public State of l=larida GERTIFICATE (if Corporation) State of Florida County of f HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on 2013, the following resolution was duly passed and ;adopted.. "°Resolved" that. as President of the corporation, he/she is hereby authorized to execute the Agreement dated 2013, between the City, of Delray Beach, Florida and. this corporation,. and that that this execution thereof, attested. by the Secretary of the Corporation and with corporate seal affixed, shall be the .official act and deed of the corporation I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto sot my hand and affixed the official seal of the corporation this day of. 20 (secretary) (seal) 10 � P L, INSURANCE REQUIREMENTS. A. GENERAL. During the term of the contract with the City, the contractor, shall procure and maintain . insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements; 1 Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and f=ederal Laws. In addition, the policy must include Employer's Liability with Statutory limits of $100;000/$500,0001$100,0010. 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 $1;000,000. per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b.:) Premises and /or Operations,. C) Independent Contractors... d). Products. andlor Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3 Business Auto Policy - Coverage iriust 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) minim,om Limits of $1,000:;000. per occurrence combined single liriiit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. C.) Hired and Non - Owned Vehicles. d.) Employer Non- .Ownership. 3 Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The 'required certificates of insurance shalt not only name the types of policies provided, but shall also refer specifically to this bid and section and the above successful bidder will include the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance: Certification the words 'rendeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate ". 11 j Attachment I, 1 of 3 A�._� D� CERTIFICATE OF LIABILITY INSURANCE '. p{OpUO A .. - Grind x'nsuranC:e,, Inc. P.O. Box A -1 Best City,. ASA 00000 THIS. CERMCATE €5 ISSUED AS A MATTER OF INFORMATM ONLY Alfa. OONFERS NO PJGRT5 UPUN. TMF CERTMATE HOLDME tHIS CE"FICA7E :DOE5 NOT. AMEND, EXTEND OR ALMK THE COVERAGE AFF{ MED DY TNC POLICIES I3 ILOW. INSORER$AMMINGOOVtRA04 NAmc# NfmNEQ" - Willing Workers A "&SC)C:: ABC Drive Anyytaw -ft, USA 00001 ntSUlk'tA... $URERM Ixsu�RO; OUMMCROIAWEVAPACLMILITY CIJd1�151,t4GEF�00ClsR -. wisom L: /01 /1.0 8151iRER �: EFG'N'SCaW.u+ENCE THEi?CE.€MEOOFWSU ROW -E LISMD.SYLLOWHAVE MEN M3 UM TO TH$5 INSURRPMM1EC ABOVE" THE �POLICY PERIOD INDICAT EMNOTW1THSTANO1NG - N4Y R IREiA%T, Ttr'W 04 A O€ PMPN QF ANY CONTRACT OR :OTHER 060UJMBNT WITH MSPEOT TO WHICH THIS CERT3FI.CATE MAV gI 155.UHD OR M.P XM, THE INSURAKKAPMROEO BY'M 7' Oucle SDESGRIM) mWeIN1 5SURJECT. TO4w--M STERRt5, Immu sIONS ;atJF�t;ONO3Tl[}}HSar'313CFI frfiiglfiel Ac G.RECATI iUMnl stkoWr4 MAY HAVe REaN RkCiCC M4Y PAIOCLAIMS, RMX A P411CY37UH6EI[ 5 aY L "TfVR plQYEKP rl N uarm A. 'OrMSPltLUMLIV OUMMCROIAWEVAPACLMILITY CIJd1�151,t4GEF�00ClsR -. CLP077604 01 /01 /1.0 01 /01 /11 EFG'N'SCaW.u+ENCE & -500,000 E i - TFEr)E(P r.ona on} 5 .P£RBPNA[eAPV1NIURY. ; •. GEiteRAI,AQGI3E¢AiE. S i_ . � .. 64tltiA(iCA. 7T6L�T'AI'W.�PERC HR - Cf8•CWxF'ltWAG�t $ A u:�cal�LUnxtiY parepuxo ALP077606 01/01/10 01 /0'l: /11 ROId81KER$IHC�E ;Ii,Y7 - a^Ran>•lwuar `•�Pt Fn!g6R) ,; ' u!;gwN�nAUras $QlgPSIVL86A[fTd_i ,. ApG!lY IAY �Mi' _ "F 3 �ici�[SA13I U6' r7Wi�UYME'I5AI1r0& - PRQPERTYDp�GS S .. OprtFfHFl3A9Nlly " OVE97HAK VA �= Mf:{OaHj,V; AGO 7 Atft X{TO SaffPMS'f00HlY•GAACO+liprr - - S. .. a'J.'C558N�18R5LLALIh$ILRY dCCUR ..pNVM3&'AdE ...• E'AL`HaeCU3 ". CE .F: aHHGAz'b s: F R DeawIlaLe: s raer�xi:ori s gpatQYraeunlsanY tYDliHritS fANr6NeATIdNARa' hri(7AarErort7PAR CUt. wrtwueAia��e�I'cit}u�o � WliY0776.05 03/01110. 03 /OI.. /I1 �LSnaa ccrevr x 1RD 000 �.L;n!!i•�,aO:IP�arcE s 10.0 000. !! AealxYae gdo'- Fielmti: '. El.roi5t?#5e:ErQLGYLij1IT, r - h. � ' . b56cRM' ri0t3pFdPERA7i0N63LdGA*l pK6fYFiifLT:EB {�)3Cµ{StaN9RRh� & YEnhpugS4lERY lBPEQiALF[tfltilslRN4 `:His TNSUmm APPLICABLE TO (state pxoject). *CITY OF DEL'RAY BEAUK IS Al DITIO L INSULMD w r she attaal�ed endors�uLeT7t. - L'E1i3'tFf0A7fi.Hi.iLCIER GANCE3- E.A7iC±N CITY .0F DELRAY BEACH x?iW4p AMYQfiS# 1U3' h5R3 ieAPOLiRIL�SE 'ClyNCEtLE61FF5'GRi"rHE EXPIAA'fIRN DATE TIiE1tE0F: THE 3U�ur iFifl�wE i.WtL E?CSRVQR SO iWL 3D RAYS WR TrF,1 100 ,NW .1St AVENUE. NonceTR TAP 0jzwn xTt HQIRCR HAVZO:YR rvc8 wr. 8Vi rAkullE ro AG toNalu Tjj',]am BEACH, YL 3- 3444. WOOF rr9V:GENTgOR ... PEPRL`sENThIYVt;S - �untwn�a Realsiresurr3i}ve AWK0 za'ia lllMi) i 0ACpRaCO# pORAT €DM4GBS DRUG FREE WORKPLACE CERTIFICATION If identical tie bids exist, preference will be given to the vendor who submits a cetification with their bid /proposal certifying they have a drug -free workplace in accordance with Section 287. 087, Florida Statutes-. The drug -free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug -free workplace programs. Whenever two. or more bids which are 'equal with respect to price, quality., and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors nave a drug- free workplace program. As the person authorized to sign this statement, l certify that this firm complies fully with the following requirements:; 1.) This frrn 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 Ud 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 terms of the statement and will notify the employer, of any conviction of, or plea of guilty or hole contend ere 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.na 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. G This firm will continue to make- a goo ith effort to maintain a drug ree worleplace through implementation of this section;. Contractor's Name Signature Date 13 f L�. CITY OF DEL,RAY BEACH SPECIFICATIONS BEACH EQUIPMENT RENTAI, CONCESSION FOR THE PUBLICLY OWNED BEACH Bid No. 2013 -48 A, PURPOSE City of Delray Beach., Florida (City) is seeking bids from qualified firms, hereinafter referred to as the Bidder, to provide a beach equipment rental concession for the City's municipal beach., in accordance with the terms; conditions, and specifications contained in this Invitation to Bid (ITB), It is the intent of the City to award a single Contract to the first ranked bidder responding to this ITB. B. TERM OF CONTRACT The contract terra shall be for a period of five (5) years beginning on November 1, :2013; and expiring on. October 31, 2018. The City reserves the right to change the start date of this RFP.in its sole and .absolute discretion. C. BEACH EQUIPMENT 1. At no time will more than two hundred fifty (250) beach chairs, cabanas, umbrellas., and windbreakerslclamshells be permitted on the beach. The two hundred-fifty (250) total includes equipment for.Atlantic Dunes 'Park. The. maximum allowable amount of equipment may be lowered by the City of Delray Beach as needed due to beach erosion, diminished beach size, special events or other circumstances. 2. All ,beach chairs, cabanas;. umbrellas, and windbreakers etc. will be uniform in appearance with no special markings, wording or signage that differentiates one piece of equipment from the next and all the above mentioned items must be pre - approved by the City of Delray Beach. All equipment must be of very high quality in both form, function and appearance. Upon the start date of this Concession Agreement all equipment must be NEW. 3. The contractor shall not be authorized to rent any equipment which is not scheduled in his proposal furnished to the City,: unless prior to such rental, the contractor shall have furnished an. additional list of equipment to the City and received approval. Equipment list requests will be submitted to the City in writing. D. EQUIPMENT SET-UP AND LOCATION 1, Upon execution of this contract, the contractor acknowledges that all of the beaches are public and concession operations must not restrict; or appear to restrict, access to the general public; or in any way limit the public nature or ambiance of the beachfront. The contractor will conduct its operations so as to maintain a reasonably quiet and tranquil environment and make no public disturbances. The; contractor will not in any way limit or restrict the public from using any portion. of the public beach. All of Delray Municipal Beach will remain available for public use whether or not the public elects to patronize or rent contractor equipment: 2. Upon execution of this contract, the contractor will submit a written plan indicating the location of all equipment. Equipment includes any item placed on the beach by the contractor. This plan will be submitted to the City which shall have the right to approve or disapprove the location of equipment. The contractor may not alter the set -up location of equipment without prior consent from an authorized City designee. The contractor agrees that it may be necessary for the City to alter set -up plans in the interest of public safety and to ensure a clear line of sight for patron surveillance. The contractor and all employees of the contractor will respond promptly and effectively carry out any such directions. & Equipment set: up and location plans must conform to the following conditions: * Equipment and service is restricted by the boundaries of the municipal beaches and recreation areas, No equipment will be set up or stared off of the public beach. Equipment will not be set up within the designated recreation areas. • Equipment must be arranged in one or two rows, No more than two rows of any equipment may be placed on any section of beach without written authorization from the City of Delray Beach. For the purpose of this contact, a row is defined .as two or more pieces of equipment arranged next to each other or within proximity to one another, Equipment is defined as any item which the contractor places on the beach, o No eq uipment will. be placed where it obstructs' or enters the line of sight when viewing the Atlantic Ocean from the Ocean Rescue lifeguard. towers. No equioment will be placed in front- of beach access pathways; egress should be a minimum of fifty (50.) feet wide 0 An egress of sixty (60) feet shall be maintained in front of each lifeguard tower. « The equipment concession area will be divided into three primary sections with an employee stationed, to. each section to provide service.. The three sections are defined as the area within three hundred (30:0) feet of the: South 1 Lifeguard Tower, the South 3.Lifeguard Tower and Atlantic Dunes lurk. 4, Removal and placement of equipment on the beach shall be conducted during daylight hours and shall not occur in any location prior to completion of marine turtle will be stored and secured with proper locking devices before 8:00 P.M. or sunset, whichever is earlier, everyday.. 151V 5. The contractor will ensure the placement and storage of all equipment is compliant with environmental standards, codes, ordinances and laws of the City of Delray Beach, Palm Beach County, and the State of Florida. This includes compliance with Article 14A of Palm Beach County's Unified land Development Code. According to Article 14A, from March .1.'t through; October 31't "Beach obstructions shall be removed from the beach or placed in a. single rood as close to the toe of the dune as possible in an area that does hot impact native vegetation or significantly affect sea turtles." The contractor will comply with Article 14A by removing all equipment from the beach or placing all equipment in a single:row as close to the dunes as possible before darkness or 8 P.M. everyday during turtle nesting season or from March 1$� .until October 31St. E. Hurricane Evactiatiion. Plan The contractor agrees that all equipment will be removed from the beachfront within one (1) hour of notification by the appropriate City authorities and stored at an .approved, private, off -site location. The contractor will include a detailed hurricane Preparedness/evacuation plan, which shall include the location and proof of ownership and/or control by the contractor (either through a deed,, lease or other form satisfactory to the city) of a proposed Hurricane storage facility, must be provided in their response and proposal to this RFP. F. Mainteinance of Equipment and Concession Area 1.. The contractor will keep ail equipment in good repair so that it is aesthetic in appearance and in safe usable condition so as not to present any potential hazard to any beach patron. Equipment will be maintained in a manner that will ensure continuous, satisfying service to the public. Damage'o equipment will be repaired or promptly removed from the beach until it is restored to usable condition. Damaged equipment must be repaired or removed from the beach. by the following day it was discovered or reported damaged. The contractor will be responsible for any costs incurred with the disposal or removal of equipment. 2. When the contractor seeks: to utilize a motorized vehicle for the purpose of transporting equipment to or from the. beach they must obtain prior approval from a designated employee of the city. The: contractor will .ensure that only employees with a valid license operate such vehicles and that operators conform to the following regulations: Vehicle use will be restricted. to weekday mornings when beach visitation is lowest.. The city may amend this requirement in the event of an emergency such. • Vehicle use will not occur on Saturday or Sunday. Vehicle operators will 'limit distractions and direct attention to operating the vehicle in. a manner that maximizes the safety of beach patrons: Cell phones will not be used while vehicles are being operated. 16 €= a 3. The contractor will remove all debris and litter within fifty (50) feet of all concession areas or within fifty (50) feet of any area where equipment is placed. Debris and litter removal will be conducted at the beginning and end of every day of operation. The contractor will Complete debris and litter removal by raking and disposing of any items within fifty (50) feet of equipment. The debris and litter removed by the contractor will include but not be limited to cigarette butts, bottle caps, and any glass, plastic, paper and metal objects, 4. The contractor will maintain the main beach walkway located. in the immediate vicinity of the Atlantic Avenue pavilion, The contractor will maintain this walkway on a daily basis by sweeping and. keeping it free of sand and debris. G. Contractor Staff 1. During all hours of operation the contractor 'shall maintain adequate on -duty personnel to comply with all terms and conditions of this contract. A m.inimtlm of one: (1) staff member employed. by the contractor will be stationed at each of the three concession areas as described in section D of this contract, A staff member will be stationed at each concession area during hours of operation. The contractor will employ workers to service this operation who are literate,. neat, clean,. well groomed and courteous. 2. An. experienced manager shall be present to oversee the daily operation of this concession and this manager will have the authority to direct the operation and immediately take any actions required to correct. erroneous procedures and ensure complete and continuous compliance with the requirements and specifications of this contract at all times the concession is in operation. 3. Upon execution of this contract a City designee and the contractor shall establish a standardized uniform to be worn by all employees of the contractor, The city will seek input from the contractor when determining the uniform; however, the city Will make the final, decision in determining uniforms which will consist of a shirt, shorts, hats and Visible identification_ The contractor will. be responsible for the cost and acquisition of uniforms for all staff. Employees of the contractor will wear the established standard uniform in clean and professional condition whenever on duty during hours of 'operation. 4, The contractor and staff of the contractor shall adhere to all City ordinances and be cognizant and vigilant in following all regulations posted at the beach or any regulation delivered by city employees who are authorized to ensure compliance and or - public safety. Th'e: contractor and sfaff of the Mntracfer will immo iately vacata the municipal beach when the city determines that the beach must be closed due to lightning or for any other reason. When the beach is closed to: the public the contractor and his staff will not attempt: to continue service or work in any capacity. 5. "'Hawking" to attract attention and/or summoning or accosting any person is prohibited. The paying of music or allowing other activity that disturbs the public is prohibited. 1.71P'caa:, H. Beach Wheel Chairs When requested by the public or by city staff, the contractor will provide beach. wheel chairs to patrons in need of this service. The beach wheel chairs are purchased and owned by the City of Delray Beach but Will be provided 'to the: public by the contractor_ The contractor Will not charge the public any fee for the provision of these chairs. The beach wheel chairs will be stored in the areas provided by the City of Delray Beach. The contractor is not responsible for transporting patrons to, from, or in the beach wheel chairs. 1. Advertising and Signs Unless approved by the city; the contractor shall not display or distribute any signs or advertising. material on the public beach. J. Complaints The contractor will provide an email address that will be checked .at least once per day as a means to respond to patron complaints or requests . or for correspondence with the City of Delray Beach. All complaints received and corresponding responses will be copied to the city. K. Parking Requirements No parking spaces will be provided by the City of Delray Beach, L. RATES CHARGED FOR BEACH EQUIPMENT All rental rates for beach umbrelleis; chairs, cabanas and similar beach equipment shall be approved by the City; Manager. Any increase in rental rates must have prior approval of the City Manager or his designee. All rentals of equipment shall include at a minimum a on.e half day - (1l2) and full -day rental rate; The Bidder shall furnish. to the City a schedule of rental charges on all equipment. The rental schedule shall be posted in a conspicuous place at the public beach; in a form and location approved by the City Manager or his designee.. M. LICENSES The Bidder shall maintain a valid yearly City local business tax receipt. Bidder shall make app iea ion or; and- - o am -a i s- own expense a - necessary permits rrom any governmental entity or agency requiring such. Bidder specifically agrees to obtain the necessary permits., if any, from the Division of Beaches and Shores of the Department of Environmental Protection, State of Florida. Any permits and the expense of obtaining such shall be at no cost to the City of Delray. Beach. N TERMINATION OF CONTRACT Failure of either party .to :comply with the provisions of the contract shall cause the contract to be voidable upon twenty (20) days written notice to the other party; provided that the City may terminate the contract upon thirty (30) days written notice with or without cause and in the sole discretion of the City. The successful Bidder agrees to remove any of its equipment. used in connection. with the contract upon demand. of the City Manager or his/her designee, Such removal shall suspend the Bidder's obligation to pay the. required monthly fee in an amount proportionate to the number of days during which the removal is required. Any removal required by the City which is in excess of twenty (20) days shall be deemed non- compliance, and the Bidder may exercise the provisions stated in the above paragraph.. PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of an public building or public work,. may not submit bids on leases of real property to a public entity, may not be .awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of thirty -six. (36) months from the date of being placed on the convicted Vendor list. P CONCESSION FEE PAYMENTS. The Bidder shall pay to the City a fixed annual concession fee quarterly in advance; based on that amount submitted in the Schedule of Pricing :Section of this ITB and accepted -by the City.. The initial quarterly payment shall be paid within seven (7) working days after notification by the City, of its award of this Contract. Payments are due seven (7) working days prior to the commencement of each quarter thereafter. All payments shall be submitted to the City Finance Department.. Q BIDDER. MINIMUM FEES The City intends to award a single Contract for the recital of beach equipment. Minimum acceptable annual concession fee: Year 1 $ 170,000.00 Year '2 $ 470,000.00 Year 3 $ 170,000.00 Year 4 $ 170,000.00 Year 5 $ 170,000.00 .Tire above is the minimum acceptable fee, For every increment of $15,000 over the five (6) year aggregate of $850,000 guaranteed minimum, one point will be awarded to the bidder up to a. maximum of 30 points. 19iP R ADDITIONAIL. AMENITIES The Bidder agrees to. provide additional amenities to the City as provided in the proposal .section of this ITS and as approved by the. City. Additional amenities are agreements with hotels for amenity charge plans; amenities directly related. to and used in conjunction with the beach equipment, towel rentals, and the abilityto receive credit cards as payment where each attendant has the ability to give the customer a receipt that does not require the attendant or another Bidder employee to leave the beach. Additional amenities shall not include the sale or dispensing of food, :beverages, sun blocks, suntan products, clothing, other retail items, rental or sale of watercraft, floats., snorkeling gear or any other items that may be used in the water or for recreation on the beach or any activity that would limit public use of the beach.. The additional amenities must comply With all City rules, policies, ordinances and Comprehensive Plan. The City reserves the right, in its sole discretion, to require the Bidder. to discontinue any or all of the additional amenities at ,any time during the agreement period, upon receiving 30 days written notice from the City. All proposed additional amenities.are subject to approval by the City and the City may or may not accept the additional amenities, in its sole discretion. A proposed.additional amenities plan shall be provided in the technical proposal section of this :]TB, S. SPECIAL EVENTS The City wiil hold sponsored and cosponsored events and activities on the beach from time to time. In such cases, the City may request'that the Bidder cease and desist operations during the term of and in the area of the special event and/or production, and the Bidder shall cease and desist during said term, If the Bidder is not required to close; or chooses to remain open without interference to the special event and/or production Bidder agrees to cooperate with the City. During such events, the Bidder may be allowed to continue operations or be assigned ,a temporary location elsewhere within close proximity of the original assigned site. During the event,. the Bidder has the option of operating his/her equipment from the temporary site or stopping operations. until the event is over. The City reserves the right to allow other rental of concessions to operate upon the original assigned site or in close proximity to that site during special events as. maybe approved by the City, T MISCELLANEOUS The City grants exclusive right to the Bidder for the services requested in this Invitation to Bid. The successful Bidder may not subcontract, transfer or assign any portion of the contract except with the express written approval of the City. The terms "Invitation to Bid" (ITB) and "Request for Proposal" RFP are used interchangeably and Both refer to ITB No. 201. 8-48. 20 ao CONSIDERATION FOR AWARDIAWARD PROCEDURES The award of the Contract will be based on certain objective and subjective considerations listed below' Maximum Points Availaahlo Understanding of the overall needs of the City as presented in the proposed plan, including; but not limited to, management and staffing, 20 implementation schedule, operational plan, rental rates, proposed . equipment; equipment set -up and location plan, marketing plan, hurricane plan, etc, Experience, qualifications, lawsuit/litigation. history and references of the 15 proposing firm. Proposing Firm company financial Information, 10 Proposed plan for management, staffing and operation of concession under 15 this Contract. Additional Amenities Plan 10 Up to a max of: Total five (5) year revenue above guaranteed minimum concession fees proposed. For every increment of $15,000 over the five (5) 30 year aggregate of $850,000 guaranteed minimum, one point will be awarded to the bidder up to a maximum of 30 paints. The evaluation of bids :will be conducted by a committee of City staff, or other persons, as determined by the City Manager, The committee will evaluate all responsive bids based upon the information and references contained within the bids as submitted and score and rank all responsive bids. The first ranked bidder resulting from this process will be recommended to the City Commission for award. Information and. references submitted will be considered in the award. The City may require visits to customer installations or demonstrations of product by Bidders as part of the evaluation process, The City may require additional in and Bidders agree to furnish such information. The City reserves the right to. award the Contract to that Bidder who will best serve the interest of the City. The City reserves the right, based upon its deliberations and in its opinion, to accept or reject any or all bids. The City also reserves the right to waive minor irregularities or variations tathe specifications and in the bidding process. 21 L f: CITY OF DELRAY BEACH BEACH. EQUIPMENT RENTAL CONCESSION FOR THE PUBLICLY OWNED BEACH Bid No. 2013 -48 SCHEDULE OF PRICING ® PART 1: PROPOSAL Year;O:ne: Annual concession fee: $ (minimu.m acceptable $170,000) Year Twos: Annual concession fee: $ (minimum acceptable $170,000) Year Three: Annual concession fee, $ (minimum acceptable $170.,000) Year Four: Annual concession fee: (minimum acceptable $170,000) 221P5ti{ o PART 11 - TECHNICAL PROPOSAL The following issues should be fully responded to in your proposal in concise narrative form. Additional sheets should. be used., but they should reference each issue and be presented in the same order. 1. Understanding. of the City's needs: for the concession and your overall approach to those needs. li. Your proposed operational plan, including: Equipment Set -up and Location plan Hurricane evacuation plan Management and staffing plan Maintenance of Equipment Concession Area plan Method proposed to anchor umbrellas., and wind breaker /clatimshells. Additional amenities plan Any other information you feel will assist the City in evaluating your bid Ill. Provide in your proposal the type of :equipment that you plan to provide for rental including specifications. Photos or brochures of the equipment will be helpful in evaluation. IV. List.you.r proposed rental rates for each contract year. Describe equipment and list proposed. rates for an hour, more than an hour., half day, full; day and any other rental arrangements. 23 � l?agu *PART III — QUESTIONNAIRE 1., Now many calendar days from award of Contract would you need prior to initiating .operations? 2.. Number of years' experience the bidder has had in providing similar services? 3. List those persons who will have a management or senior position working with the City if you are awarded the Contract. List name title or position and duties. A resume or summary of experience. and qualifications must accompany your proposal, 4. List all contracts currently held for providing similar services. Provide agency name, address, telephone number, contact person and date contract expires. If services provided differs from the one presented in your proposal, please delineate such differences 5. List. clients for whom you have provided similar services in the last three (3) years; Provide agency name, address,, telephone number, contact person, and date service was provided. If services provided differs from the one presented. in your bid; please delineate such differences, 6. Lawsuits. (any) pending or completed involving the corporation., partnership or individuals with more than ten percent (10 %) interest. a. List all .pending lawsuits which are concerned directly with the staff or part. of your organization proposed for the Contract. b. Ust.all judgments from lawsuits in the last (5) years which are concerned directly with the staff or part of your organization proposed for the Contract. 7: Attach a Balance Sheet and Statement of Profit and Loss of the proposing. firm from the preceding calendar or fiscal year, certified by either an appropriate. Corporate Officer; or an independent Certified Public Accountant. if the bidder is a privately held corporation, provide such records, for City review, at a time and place convenient to the City, will satisfy this requirement. The bidder understands that the information contained in these Bid Documents is to. be relied upon by the City in awarding the proposed Contract, and such information is warranted by the bidder to be true. The bidder agrees to furnish such additional information, prior to acceptance of any bid, relating to the qualifications of the bidder, as may be required by the City, CITY OF DEILRAY BELCH BEACH EQUIPMENT RENTAL CONCESSION FOR THE PUBLICLY OWNED BEACH Bid No. 20.13 -48 CONE OF SILENCE The Palm Beach. County Lobbyist Registration Ordinance (Sections 2 -351 through 2 -357 of the Palm Beach County Code of Ordinances) is applicable in the City of Delray Beach. Section 2;355 of the Palm Beach County lobbyist Registration Ordinance includes a "Cone of Silence provision that limits communication during the City's procurement process in regard to this RFP, which provides as follows: Sec. 2 -355: Gone of silence. (a) Cone of silence 'means a. prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking. an'award from such competitive solicitation; and 2 Any county commissioner or commissioners' staff, any member of a local governing body or the member's staff, a mayor or chief executive: officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee .authorized to .act on behalf of the commission or local governing body to award a particular contract. (b) For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner; officer, director, consultant, lobbyist, or any actual. or potential subcontractor or consultant of the person:. (c) The cone of . silence shall be in effect as iof the d:eadHne to submit the proposal, bid, or other response to a competitive solicitation: The cone of silence applies. to any person or person's representative -who responds to a particular request for proposal, request for qualification; bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's. representative.. Each request for proposal, request: for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article, (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pre -bid co.n:feremes, oral. presentations before selection committees, contract negotiations during any public meeting, presentations made to the: board or loca[ municipal governing body as applicable, and protest hearings Further; the cone of silence shall not apply to contract negotiations between any employee and the intended awardee., any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal ;governing body, or advlsory board member or selection committee member, unless .specifically prohibited by the applicable competitive solicitation process. competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article ill, division 2, part A, section 2.51 et seq.) or municipal ordinance as applicable. (f) The cone of silence shall terminate at the time the board, local municipal governing. body, or a. county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards :or approves a contrast, rejects all bids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction vo[daWe, Contractor's Name Signature Date 25 ( Pa4,e BEACH EQUIPMENT RENTAL CONCESSION FOR THE PUBLICLY OWNED BEACH BID #12}13 -61 —OPENING 09/1712013 PLEASE AFFIX SIGNATURE WHERE INDICATED FAILURE TO DO $O SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and with fu11 understanding. of the:.conditions governing this bid. *Name of Bidder (Firm Name as Registered with their State of origin) Business Address: Street Address (P_0. Box Address is not permitted) City, State, zip Mailing Address: ❑ Check if Same as Business Address above Street Address. City, State; Zip Authorized Signature (Written) Print Name and Title of Person Signing this Form Date ° Telephone f Fax No. VENDOR. SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER CONTACT NAME. TELEPHONE: (-Y EMAIL ADDRESS: 261J'44; If you are not bidding on this servicelcommodity, please: complete and return this form to: City of Delray Beach Purchasing Department; 1`00 NW ,tst Avenue, Delray. Beach, Florida 33444. Failure to respond may result in deletion of vendor's. name from the qualified .kidders fist for the City of Delray Beach. VENDOR NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE:. Minority Owned Business.: ❑ Black ❑ Hispanic ❑ Woman ❑ Other We, the undersigned have declined to bid on,Bid No. 2013.48 due to the following.reason(s) Please Check below: ❑ Specifications too tighf,'i.e., gearedtoward brand or manufacturer only (explain below) ❑ Insufficient time to respond to the Invitation to Bid ❑. We do not offer this productoran equivalent ❑ Our product schedule would' not. permit us to perform .❑ Unable to meet specifications ❑ Unable to meet bond requirements ❑ Specifications unclear (explain below) ❑ Other (specify Below): RemaricslOther: SIGNATURE. DATE: ADVERTISEMENT FOR BIDS City of Delray Beach BEACH EQUIPMENT CONCESSION FOR THE PUBLICLY OWNED BEACH Bid No. 2013 -48 Scope of Services: City of Delray Beach, Florida (City) is seeking bids from qualified firms, hereinafter referred to as the Bidder, to provide a beach equipment rental concession for the City's municipal beach, in accordance with the terms, conditions, and specifications contained the Invitation to Bid (ITB), It is the intent of the City to award a single Contract to the first ranked bidder responding to this ITB. The contract term shall be for a period of five (5) years. Sealed Proposals will be received by the undersigned at the office of the Purchasing Officer, City Hall, 100 NW 1st Avenue, Delray Beach, Florida, 33444, until 2:00 P.M. on Tuesday, September 17, 2013 at which time they will be publicly opened and read aloud. All servicelwork 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. 1St Avenue, Delray Beach, FL 33444, phone 561- 243 -7161. A MANDATORY PRE -BID CONFERENCE has been scheduled for Tuesday, August 27, 2013 10:00 A.M. located at City Hall 1 st Floor Conference Room, 100 N.W. 1 st Avenue, Delray Beach, FL 33444. All interested bidders are required to attend and may ask questions. Copies of the Specifications maybe obtained from www,DemandStar.com. phone (800) 711 -1712 or the Purchasing Office, City Hall, 100 NW 1 st Avenue, Delray Beach, Florida. Call Purchasing at 561- 243 -7161 to ensure sufficient supply. Any bid received after time and date specified will not be considered. No Bidder may withdraw his bid for a period of sixty days (60) days after the day set for opening of bids. Bids are to be submitted on said forms to: City of Delray Beach, Purchasing Office. The City of Delray Beach, Florida reserves the right to accept and/or reject any and all proposals, to waive informalities, to re- advertise and to award the Contract in its best interest. Advertisement Dates Sunday, August 18, 2013 Palm Beach Post AFB- 1 City of Delray Beach, Florida By: Patsy Nadal, Purchasing Manager T W O T m CL 0 o_ m N O O.. O Q N d d EL G_ � P W 4a f+ T O N � L 0 T m V E 0 W in CL g v/ W m ° ~ � L U.J _ , o m ® M ?� 0, _ O O ED w .o U uj o o N o E V o Q T m O p � Q 4 a �� T W U E L = 0 042 "r O 0 o U 0 O_ H � Z O `N w � 2 a� E A E T N = a O 2 V L W m U 'ai c U N .E� m -0 W m Z m H > Z 0 0 o_ m N O MEMORANDUM TO: Mayor and City Commissioners FROM: Anthony W. Strianese, Chief of Police THROUGH: Louie Chapman, Jr. City Manager DATE: October 9, 2013 SUBJECT: AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 BID AWARD / UNITED STATES SERVICE INDUSTRIES ITEM BEFORE COMMISSION The item before Commission is to approve the bid award to second lowest bidder, United States Service Industries, in the amount of $70,380.00 per year for janitorial services and other related services as needed for the Police Department. BACKGROUND The cleaning contract for the Police Department was awarded to Premier Building Services on March 14, 2013 as part of the complete City contract. Services were terminated with Premier Building Services on Friday, September 13, 2013 for the Police Department, due to their inability to adequately and/or properly clean the Police Department's facilities despite repeated requests to do so. On August 14, 2013, a mandatory pre -quote walk -thru was held. This included a complete tour of all buildings (Police Department main building, including the Temporary Holding Facility (THF), Gym and Firearms Range) to be serviced and the cleaning required for each area. On the requested due date of August 14, 2013, four (4) vendors responded to Request for Quotation #2012. Employees of United States Service Industries who would be assigned to the Police Department have passed the background check. Support Services called the reference list and they received high marks and no one has had any problems with them. A concern may be that United States Service Industries is a little higher in price than other quotes received, but with the references and proposed scope of work, the Police Department believes they are best suited for being awarded the contract. The facility is a 24/7 operation that requires appropriate cleaning seven (7) days a week due to the constant occupation of the building and the element of subjects who are in the facility, specifically the THF. Staff recommends awarding United States Service Industries the contract with a 90 or 120 day contingency. If there are unresolved issues at that time, the contract can then be (re)awarded to the 2nd choice, OT Services, without interruption of service. FUNDING SOURCE Funding is available from 001- 2111 -521 -34.10 (General Fund: Other Contractual Service /Janitorial Service). RECOMMENDATION The Police Department recommends approval of bid award to second lowest bidder, United States Service Industries, in the amount of $70,380.00 per year for janitorial services and other related services as needed for the Police Department. O as U1 E a C) CD 0 q C� R R 'D CD C14 n co rf CD w LO a w CD m F co It 0 rl. eq co 00 00 w V- p Qs O 0 CD a) r co CD co w 0 0 6s m U) m 2, 0) E E if 0 m 0 m CD 0 CD Z — C) .4 0 C6 0 G W C 22 < N m m 0) co In OCOD, 0 a. 'g li co a. a) 0 6 0 LLJ -AW 0 %-o 0 CL LL M E a rL (D C3 0 2 L(i a; CL Oo 04 E LQ 0 .2 v- LL 'a U) CL?, = 0 > 0 0 a 0 a) E m 2 a. ts 4- 0- E o CY C V a o L bi, u M E 0 z (D U) ai LO 0 F- 0 x 0 M m 06 E CY O 7 r- I < 1 0 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: October 9, 2013 SUBJECT: AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 APPOINTMENT TO THE GREEN INPLEMENTATION ADVANCEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Green Implementation Advancement Board. BACKGROUND The term for regular member, Ms. Stephanie Bedenbaugh, expired on July 31, 2013. Ms. Bedenbaugh has served one (1) full term, is eligible and would like to be considered for reappointment. Appointment is needed for one (1) regular member. On July 21, 2009, the Delray Beach City Commission adopted Resolution No. 24 -09 establishing the Green Implementation Advancement Board for the purpose of making recommendations to the City Commission regarding ways to improve the environmental sustainability of City programs, services, equipment and facilities; strategies for improving the environmental sustainability of the community; incentives for residents, businesses, and organizations to practice environmental conservation including recycling; proposed means to enhance water and energy conservation; ideas for promotion of tree planting and xeriscaping; best practices to be considered for implementation in Delray Beach, including long -term strategies; and proposed revisions to City ordinances to address Green technologies. The Green Implementation Advancement Board shall consist of five (5) regular members and two (2) alternate members. All members shall have expertise or an interest in environmental conservation and sustainability and shall be residents of or own property in the City, own a business within the City, or be an officer, director or manager of a business located within the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and they are registered. Based on the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2) for one (1) regular member to serve a two (2) year term ending July 31, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve a two (2) year term ending July 31, 2015. GREEN IMPLEMENTATION ADVANCEMENT BOARD EXHIBIT A Stephanie Bedenbaugh Director - Environmental Sustainability Incumbent Frederick Kaub President - Environmental Services 10/13 GREEN IMPLEMENTATION ADVANCEMENT BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2015 Giulia Pace Vice President/ Investment Unexp Appt + 2 yr. 02/19/13 Research 07/31/2014 Jeff Conley Architecture/Engineering- Unexp Appt 12 /06/11 Principal Reappt07 /05/12 07/31/2014 Joeven Valenzuela Engineer /Principal /Co- Unexp Appt 09/20/12 Owner 07/31/2013 Stephanie "Chloe" Bedenbaugh Human Resources Unexp Appt 04/05/11 reg Unexp Alt 03/02/10 Reappt06 /21/11 07/31/2014 Hilary Roche Managing Director Unexp Appt 09/20/12 ALTERNATE MEMBERS 07/31/2015 Nathalie Siegel Independent Appt 10/01/13 Consultant /Architecture 07/31/2015 Walter Cornnell Principal Unexp Appt + 2 yrs 03/19/2013 S /City Clerk/Board 13 /Green Implementation Advancement Board U Q O z U 0 H w 0 N M O M M O N M N M O M O M O O O O O O p i a � z i w � i a � U \ � / ~ > O Z � � O / ,M \ / \ C CA / . \_/ \_/ \_/ \_/ \_/ \_/ \_/ \_/ \_/ \_/ \_/ \_/ \_/ \_/ \_/ \_/ \_/ \_/ \_/ \_/ \-/ '. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: October 9, 2013 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 RESOLUTION NO. 37-13/ CONTRACT FOR SALE AND PURCHASE /102 S.E. 8TH STREET ITEM BEFORE COMMISSION Staff requests City Commission approval to donate Neighborhood Stabilization Property (NSP) property located at 102 SE 8th Street, Delray Beach, 33483, to the Delray Housing Group (Delray Beach Housing Authority) for the benefit and rental of the unit to a household at or below 50% Area Median Income (AMI) as determined by HUD. 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 for the purpose of purchasing foreclosed or abandoned homes for rehabilitation, resale, or redevelopment in order to stabilize neighborhoods and stem the decline of home values. NSP Funds are 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. Properties donated through the NSP program for rental under this activity will be transferred for the purpose of affordable housing to benefit LMMI households. All properties acquired and rehabilitated for the purpose of rental housing under the NSP Program shall be donated to DHG. DHG will make units available for rent to households at or below 50% AML Individuals or households who wish to occupy NSP Rental Units must apply directly to the DHG. The Neighborhood Services Administration staff will monitor the project on an annual basis to ensure continued affordability, ownership and maintenance of the property during the 20 -year term. This item is for transfer of the following NSP property: 102 SE 8th Street, Delray Beach, 33483 RECOMMENDATION Staff recommends City Commission approval to donate a NSP property located at 102 SE 8th Street, Delray Beach to DHG for the benefit and rental of unit to a household at or below 50% AMI. RESOLUTION NO. 37 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER 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 transfer property located at 102 SE 8h Street; 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 transfer said property to be used for affordable housing purposes. 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 transfer to Delray Housing Group, Inc, as Buyer, for the purchase price of Ten Dollars and 00/100 cents ($10.00), said property being described as follows: Lot 6, Block 14, Osceola Park, according to the Plat thereof, on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 3, Page 2. 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 , 2013. ATTEST: City Clerk MAYOR CONTRACT FOR SALE AND PURCHASE PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, ( "Seller "), of 100 N.W. 1st Avenue, Delray Beach, Florida 33444 and DELRAY HOUSING GROUP, INC, ( "Buyer "), of 701 SE 6th Avenue, Suite 201 Delray Beach, FL 33483, , 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 "): DESCRIPTION: (a) Lot 6, Block 14, Osceola Park, according to the Plat thereof, on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 3, Page 2. (b) PCN:12- 43- 46 -21 -01 -014 -0060 (c) Address: 102 SE 8th Street, Delray Beach, FL 33483 PURCHASE PRICE .. ............................... US$10.00 Ill. 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 October 31, 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 (60) 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 Y2 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 I. 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 DELRAY HOUSING GROUP By. ATTEST: City Clerk Approved as to Form: City Attorney Mayor Date 2 F B�. Print Name: oKu k , �1k o ;sue Date ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRAY BEACH, FLORIDA BUYER: DELRAY HOUSING GROUP, INC PROPERTY ADDRESS: 102 SE 8t" Street, Delray Beach, FL 33483 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 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. 3 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: i� n 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. Survey: 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. 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. Pro rations,_ 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 6 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. 7 SECOND ADDENDUM TO CONTRACT FOR SALE AND PURCHASE Buyer: Delray Housing Group, Inc Seller: The City of Delray Beach Property: Lot 6, Block 14, Osceola Park, according to the Plat thereof, on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 3, Page 2. The Parties further agree as follows: I. Disclosures: A. Mold: Mold is a naturally occurring and may cause health risks or damage to Property. If Buyer is 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 for possible lead based paint 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 (explain) X Seller has no knowledge of lead -based paint and/or lead based paint hazards in the housing. (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 -paint hazards in the housing (list Page 1 of 3 documents) Seller has no reports or records pertaining to lead -based paint and/or lead paint hazards in the housing. Purchaser's Acknowledgment (initial) (c) Purchaser has received copies of all information listed above. (d) Purchaser has received the pamphlet Protect Your Familyfrom 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 x Waived the opportunity to conduct a risk assessment or inspection for the presence of lead -based paint and/or 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 aware 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. G PROPERTY TAX DISCLOSURE SUMMARY. BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS 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 ANY 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. Seller has agreed to convey the Property to Buyer under the assumption that there are no Page 2 of 3 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 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 seven (7) days after Buyer has determined the Property condition is satisfactory to Buyer pursuant to Paragraph (XI)(B) of the Contract. 7. Buyer accepts the 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. 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. Delray Housing Group, Inc, B er BY: Date: City of Delray Beach, Seller BY: Date: Page 3 of 3 THIRD ADDENDUM TO CONTRACT FOR SALE AND PURCHASE Buyer: Delray Housing Group, Inc Seller: City of Delray Beach Property: Lot 6, Block 14, Osceola Park, according to the Plat thereof, on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 3, Page 2. PCN: 12- 43- 46 -21 -01 -014 -0060 The Parties further agree as follows: A. Additional covenants and restrictions: 1. Buyer shall own properties with a covenant on the land and unit, requiring that it be maintained as affordable rental units for tenants at or below 50% of AMI for a period of twenty (20) years. 2. Buyer shall make the property available for rent by households at or below 50% AMI as defined by the current Income Limit charts adjusted to family size, West Palm Beach --- Boca Raton, Metropolitan Statistical Area, (Palm Beach County). 3. The Buyer assures the City that, in connection with the properties acquired is for rental purposes through this Agreement, it is a public housing Subrecipient (a Public Housing Authority) funded by HUD. The Buyer assures the City that, as such, it is knowledgeable about HUD requirements for income qualifying of occupants of rental housing units according to HUD income guidelines and about establishing rent affordability for such occupants. Accordingly, the Buyer shall income qualify the occupant of the property acquired through this Agreement according to the requirements contained in the Declaration of Restrictions associated with each such property, and shall maintain the level of rent plus utilities (based on the HUD Section 8 utility schedule) at an affordable level for the occupant. Such affordability shall be regarded as being achieved if no more than thirty -five percent (35 %) of the occupant's gross household income is expended on the sum of the rent plus utilities based on the HUD Section 8 utility schedule. 4. The Buyer shall report all program income (as defined at 24 CFR 570.500(a) generated by activities carried out with NSP funds made available under this contract. The use of program income by the buyer shall comply with the requirements set forth at 24 CFR 570.504. ATTEST: City Clerk DELRAY BEACH HOUSING GROUP B Print Nam o othy llington Date: CITY OF DELRAY BEACH, Seller IN Cary Glickstein, Mayor This instrument prepared by and return to: City of Delray BeachNeighborhood ServicesDivision 100 NW 15t 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 ") andDelray Housing Group, Inc. (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 ofNeighborhood Stabilization Program Funds pursuant to an Agreement betweenState of Florida, Department of Economic Opportunity and City dated the 5th day ofFebruary, 2010 ('The State Agreement "); and WHEREAS, the Owner has agreed to comply with certain use restrictions as a beneficiary of The State Agreement; and WHEREAS, the City has provided Neighborhood Stabilization Program funding for the acquisition, rehabilitation and resale of the propertylocated at102 SE 8thstreet, Delray Beach, Florida 33483. 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 shall own properties with a covenant on the land and unit, requiring that it be maintained as affordable rental units for tenants at or below 50% of AMI for a period of twenty (20) years. 2. Owner shall make the property available for rent by households at or below 50% AMI as defined by the current Income Limit charts adjusted to family size, West Palm Beach — Boca Raton, Metropolitan Statistical Area, (Palm Beach County). The Owner assures the City that, the Property acquired is for rental purposes throughout the term ofthis Agreement, it is a public housing Subrecipient (a Public Housing Authority) funded by HUD. The Owner assures the City that, as such, it is knowledgeable about HUD requirements for income qualifying of occupants of rental housing units according to HUD income guidelines and about establishing rent affordability for such occupants. Accordingly, the Buyer shall income qualify the occupant of the property acquired through this Agreement according to the requirements contained in the Declaration of Restrictions associated with each such property, and shall maintain the level of rent plus utilities (based on the HUD Section 8 utility schedule) at an affordable level for the occupant. Such affordability shall be regarded as being achieved if no more than thirty -five percent (35 %) of the occupant's gross household income is expended on the sum of the rent plus utilities based on the HUD Section 8 utility schedule. 4. If Owner defaults in the performance of any obligation under 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. 5. 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; it. will not conflict with any of the instruments that create or establish Owner's authority; iii. Owner 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. d. 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. 6. City represents and warrants to Owner that it has full authority, capacity and power to enter into this Agreement and that this Agreement is in full compliance with The State Agreement. 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 shalt 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 15t Avenue Delray Beach, Florida 33444 With copies by U.S. mail to: City of Delray Beach Neighborhood Service Administrator Neighborhood Services Division 100 NW 1 St Avenue Delray Beach, Florida 33444 For the Owner: Delray Housing Group, Inc. 701 SE 6th Avenue, Ste 201 Delray Beach, Florida 33483 8. 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. 9. 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, 10. 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. 11. 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 City. 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, the Owner has read and understands the terms set forth and agrees to meet the obligations contained herein by execution of this agreement, in duplicate, this. OWNER Print Name: v ��1iti aT, Title: (reSl c�2n/ 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 102 SE 8`hStreet, Florida 33483 generally described as: Lot 6, Block 14, Osceola Park, according to the Plat thereof, on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 3, Page 2. MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: October 9, 2013 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 ORDINANCE NO. 26-13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider an amendment to Chapter 32, "Departments, Boards and Commissions ", by amending Section 32.08, "Length of Terms; Restrictions ", to provide that a former City Commissioner may not be appointed to a city board for a one (1) year period upon leaving office. BACKGROUND At the first reading on October 1, 2013, the Commission passed Ordinance No. 26 -13. RECOMMENDATION Recommend approval of Ordinance No. 26 -13 on second and final reading. ORDINANCE NO. 26 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS ", BY AMENDING SECTION 32.08, "LENGTH OF TERMS; RESTRICTIONS ", TO PROVIDE THAT A FORMER CITY COMMISSIONER MAY NOT BE APPOINTED TO A CITY BOARD FOR A ONE (1) YEAR PERIOD UPON LEAVING OFFICE; PROVIDING A SAVINGS CLAUSE; GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to amend its ordinances governing board appointments to provide that former commissioners may not be appointed to any boards, task forces, or committees for a period of one (1) year following the last day in office as a City Commissioner. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Chapter 32, "Departments, Boards and Commissions ", is amended by amending Section 32.08, "Length of Terms; Restrictions ", to read as follows: Sec. 32.08 LENGTH OF TERMS; RESTRICTIONS. (A) In general, all appointments shall be for a two -year period, except as may be provided for by Florida Statutes, Special Act, Resolution of the City Commission or elsewhere within the Code of Ordinances of the City of Delray Beach. (B) In the case of reorganization or reconstitution of an advisory board or Committee, three (3) members shall be appointed for an initial term of one year, with the balance of the members being appointed for an initial term of two (2) years. Thereafter, all appointments shall be for two (2) years. (C) No member shall be appointed for more than two (2) successive terms (original term, plus on additional term). A member who has been appointed to fill an unexpired term shall remain eligible to serve two (2) full two -year successive terms. (D) Upon completion of the maximum allowable two (2) full terms of membership as described in subsection 32.08(C) above, no advisory board or Committee member shall be eligible for reappointment to the same Board or Committee for a period of one year. (E) No member of any advisory board or Committee may concurrently serve on another advisory board or Committee. However, this prohibition shall not apply if an ordinance and /or resolution expressly provides that the membership of an advisory board or Committee includes, as part of its membership, the member(s) of another specifically named advisory board or Committee. The prohibition will not apply to any person who is a member of an advisory board or Committee and also is appointed to serve on the Neighborhood Advisory Council and /or the Unity Collaborative. In such a case, a member of the specifically named advisory board or Committee is eligible to serve on two (2) or more advisory boards or Committees. Notwithstanding the foregoing, a member may serve on more than one task force or ad hoc Committee or may serve as an advisory board or Committee member and a member of a task force or ad hoc Committee without being expressly provided for by an enacting ordinance or resolution. Dual membership, where allowed herein, shall not be allowed if prohibited by Florida Law or the Florida Constitution. (F) No former Delray Beach City Commission member ma,T�ppointed to boards, task forces, or committees for at least one (1) year following their last day in office as a City Commission member. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared 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 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. -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: September 20, 2013 Page 1 of 1 SUBJECT: AGENDA ITEM 11.B. - REGULAR COMMISSION MEETING OF OCTOBER 1, 2013 ORDINANCE NO. 26-13 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 26 -13. BACKGROUND Currently, former members of the City Commission may be appointed to any of the City boards immediately upon leaving office. This proposed ordinance would require that former commissioners would not be eligible for appointment to a City board, task force or committee for a one year period following their last day in office. RECOMMENDATION Commission approval. http:// itwebapp/ AgendaIntranet /Bluesheet.aspx9ItemID= 7217 &MeetingID =462 10/9/2013 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: October 9, 2013 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF OCTOBER 15, 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 nominate someone to the Board, other than the Assistant City Manager, however the Commission must approve the nomination. 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 was proposed to modify the ordinance to remove the restriction allowing the Mayor to only designate the Assistant City Manager. During first reading, at the Commission's September 10, 2013 meeting, the Commission gave direction to modify the ordinance to provide that the Mayor may nominate someone to take the Mayor's place on the board, provided that the Commission must approve the nomination. The attached ordinance provides for that change and clarifies that any person the Mayor nominates must also meet the requirements of Section 32.07 of the Code of Ordinances which provides that the person must possess sufficient knowledge, experience, judgment or background necessary to competently serve and the person must also be a resident, own property or a business or be an officer or manager of a business in Delray Beach. Based on the discussion from the October 1, 2013 Commission meeting, where it was suggested that the Mayor should attend the Police and Fire Pension meetings rather than nominate another person, I contacted Pat Gleason who is Special Counsel for Open Government in Attorney General Pam Bondi's office. Ms. Gleason was in agreement with my concerns in allowing two members of another board (Police and Fire Pension Board of Trustees) attend a meeting to discuss union negotiations where that meeting is exempt from the Sunshine law and where there is a potential that matters may be discussed in the closed door meeting that would also be discussed by the other board, thus creating the sunshine law violation. Therefore, I am recommending that the Commission approve this ordinance to allow the Mayor to nominate another person to this board. 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 nominate another person to take his/her place on the Board, other than the Assistant City Manager; and WHEREAS, any person nominated by the Mayor must comply with Section 32.07, Membership Qualifications /Requirements of the Code of Ordinances. 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 nominated by the Mayor Lwho meets the requirements of Section 32.07 of the Code of Ordinances) and approved by the Commission upon (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 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney DATE: October 9, 2013 SUBJECT: AGENDA ITEM H.B. - REGULAR COMMISSION MEETING OF OCTOBER 15, 2013 ORDINANCE NO. 27-13 ITEM BEFORE COMMISSION Revisions to the Waiver and Assemblies sections of the Code of Ordinances in order to make reference to the City's Special Event Policy. BACKGROUND The City has a special event policy that sets forth the guidelines governing special event requests. When some special events are requested, certain waivers are requested along with the special event. Normally these waivers are presented to the Commission for approval along with the special event application. In most cases the waivers requested can be waived through the special event application process (such as the noise ordinance), however, there are occasions where the producer of the special event, which in some cases would be the City, would need to request a waiver where the process outlined in Section 30.15 of the Code of Ordinances must be followed (i.e. to allow fireworks on the beach). This process involves publication in a newspaper ten (10) days prior to the matter being heard by the Commission. The proposed ordinance would allow the City Manager to approve special events, pursuant to our policy, and the ability to approve the waivers, if any, associated with the event. The proposed ordinance also requires a special event permit for any gathering of twenty -five (25) persons or more and adopts the special event policy by reference. RECOMMENDATION Recommend Approval. ORDINANCE NO. 27 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "CITY COMMISSION ", SECTION, "30.15, "WAIVERS OF CITY ORDINANCES ", TO CLARIFY THE PROCESS FOR THE GRANTING OF WAIVERS FOR SPECIAL EVENTS AND TO CLARIFY WHO PAYS FOR THE COST OF PUBLISHING THE NOTICE OF THE WAIVER REQUEST AND AMENDING CHAPTER 101, "PARKS, BEACHES, AND RECREATION ", TO AMEND SECTION 101.32, "ASSEMBLIES" IN ORDER TO REQUIRE THAT GATHERINGS OF 25 PEOPLE OR MORE MUST OBTAIN A SPECIAL EVENT PERMIT; PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, special events are held in the City throughout the year for the benefit of its residents; and, WHEREAS, the City Commission has adopted a policy governing special events, which policy allows for the granting of waivers in conjunction with the special event. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 30, "City Commission ", Section 30.15, "Waivers of City Ordinances ", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 30.15. - WAIVERS OF CITY ORDINANCES. (A) Unless a specific waiver or modification provision is provided for elsewhere in this Code, in all instances wherein the City Commission is requested to waive or otherwise modify the written provisions of this Code, the City shall provide by publication in a newspaper of general circulation in the City a notice (on a form to be provided by the City) of the proposal or request for the waiver or modification, setting forth the City's ordinance requirements and the proposed waiver or modification. This notification shall be published not less than ten (10) calendar days in advance of the City Commission's consideration of this waiver or modification. All costs associated with the publishing of the notice shall be paid b,T� person requesting the waiver. Nothing in this Section shall preclude the City Manager from making individual notifications as he deems appropriate. (B) At the time of City Commission's consideration of same, the City Commission shall conduct a public hearing on the request. Notwithstanding these requirements, in the instances wherein an applicant for a waiver or modification demonstrates to the satisfaction of the City Commission that same is an emergency not due to the fault or circumstances within the control of the applicant, the City Commission may deem it to be an emergency and need not abide by the requirements of the notification in advance or the public hearing requirements set forth herein. (C) The person making the waiver request shall submit a one hundred dollar ($100.00) processing fee for each waiver request. (D) AA person or enti , requesting a waiver of a City ordinance as part of a special event request shall not be required to go through the procedure set forth above in Section 30.15(A) -(C). Waivers associated with special events may be requested through the special event application process and the Citv Commission or the City Manager or his /her designee shall have the authority to review and approve the waivers as part of the special event permit application process. Section 2. That Chapter 101, "Parks, Beaches, and Recreation ", Section 101.322, "Assemblies ", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 101.32 —ASSEMBLIES. No person shall use any portion of any park, recreation or municipal beach site for the purpose of assembling, where over twenty -five (25) persons are involved-.unless a special event permit has been obtained in accordance with the Ci , 's adopted Special Event Polio. which may be amended from time to time. 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. 2 ORD. NO. 27 -13 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. MAYOR ATTEST: City Clerk First Reading Second Reading ORD. NO. 27 -13