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11-05-13 Regular Meeting
City of Delray Beach Regular Commission Meeting Tuesday, November 5, 2013 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non - Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B. Public Hearings /Quasi- Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign -in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact the City Manager at 243 -7010, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243 -7000 - Fax: (561) 243 -3774 www.mydelraybeach.com REGULAR MEETING AGENDA ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. APPROVAL OF MINUTES: A. September 3, 2013 — Regular Meeting B. September 17, 2013 — Regular Meeting C. October 1, 2013 — Regular Meeting D. October 8, 2013 —Workshop Meeting 5. PRESENTATIONS: A. S.P.LR.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation 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. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarterly Meeting of October 17, 2013. B. HOLD HARMLESS AGREEMENT/DELRAY PLACE, LLC.: Approve a Hold Harmless Agreement with Delray Place, LLC., for installation and construction within the State right -of -way on Federal Highway for the development known as Delray Place located at 1801 and 1845 South Federal Highway. C. HOLD HARMLESS AGREEMENT /924 SOUTH OCEAN BOULEVARD: Approve a Hold Harmless Agreement with Lidia Soltysik - Kaminska, Zygmunt Kaminski & Piotr Marcin Kaminski for water and sewer service connections to the respective mains on South Ocean Boulevard for the nronerty located at 924 South Ocean Boulevard. D. REQUEST FOR A SIDEWALK DEFERRAL /729 LAKE SHORE DRIVE: Approve an agreement to defer installing a sidewalk along Lake Shore Drive for the property located at 729 Lake Shore Drive. E. REQUEST FOR A SIDEWALK DEFERRAL /825 LAKE SHORE DRIVE: Approve an agreement to defer installing a sidewalk along Lake Shore Drive for the property located at 825 Lake Shore Drive. F. PROPOSAL FOR CONSTRUCTION ADMINISTRATION /COASTAL PLANNING & ENGINEERING, INC.: Approve a proposal for construction administration with Coastal Planning & Engineering, Inc. in an amount not to exceed $50,619.00 for the Beach Renourishment Project. Funding is available from 332 - 4164 -572 -31.30 (Beach Restoration Fund: Professional Services /Engineering /Architectural), which is 100% reimburseable from Federal, State, and County funding sources. G. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1 /FINAL) /INTERCOUNTY ENGINEERING, INC. /CONGRESS AVENUE FORCE MAIN REPLACEMENT: Approve Contract Closeout (C.O. No. 1/Final) in the amount of $155,638.03 decrease and final payment in the amount of $23,949.63 to Intercounty Engineering, Inc. for completion of the Congress Avenue Force Main Replacement Project. Funding is available from 442 - 5178 -536 -68.89 (Water /Sewer Renewal & Replacement Fund: Improvements Other /Congress Avenue Force Main Replacement). H. SERVICE AUTHORIZATION NO. 12- 08 /MATHEWS CONSULTING, INC.: Approve Service Authorization No. 12 -08 to Mathews Consulting, Inc., in the amount of $68,305.00 for professional engineering services for bidding, construction administration and specialty inspections for the Reclaimed Water Area 12A Phase II Project. Funding is available from 441 - 5161 - 536 -68.73 (Water and Sewer Fund: Improvements Other /Reclaimed Water, Area 12A). L ACCEPT GRANT AWARD/ALTERNATIVE WATER SUPPLY GRANT /SOUTH FLORIDA WATER MANAGEMENT DISTRICT ( SFWMD): Approve acceptance of a Grant Award in the amount of $100,000.00 for a SFWMD Alternative Water Supply grant to provide supplementary funding for the Area 12A -Phase 1 Reclaimed Water System Expansion Project. J. EXTENSION OF ENGINEERING CONSULTING SERVICES AGREEMENTS (PROJECT #12 -057): Approve a one (1) year extension of agreements (Amendment No. 1) with Kimley -Horn & Associates, Mathews Consulting, Inc., Calvin Giordano & Associates, Inc., and the Wantman Group for Engineering Consulting Services (Project #12 -057). K. INTERLOCAL FUNDING AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA) /ECONOMIC DEVELOPMENT DIRECTOR AND ECONOMIC DEVELOPMENT MANAGER: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for funding of the Economic Development Director and Economic Development Manager positions. The CRA will fund 50% of the cost (approximately $45,000) for the Economic Development Director position and 50% of the cost (approximately $35,000) for the Economic Development Manager. The total salary /benefits of each position is $90,000 (Economic Development Director) and $70,000 (Economic Development Manager), respectively.The City will also pay 50% of each position. L. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA): DOWNTOWN ROUNDABOUT TROLLEY: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) for funding in an amount not to exceed $300,000.00 for operation of the Downtown Roundabout Trolley service in the downtown area. M. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA): NEIGHBORHOOD PLANNER POSITION: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) to fund 50% of the cost, in an amount not to exceed $38,284.00 for the Neighborhood Planner Position. The City will also pay 50% of the cost. The total salary /benefits for the position is $76,568. N. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA): IN -HOUSE PROJECT MANAGER SERVICES POSITION: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) to fund 100% of the cost in an amount not to exceed $91.750.00 for the In -House Proiect Manager Services Position. O. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA): HOUSING REHABILITATION INSPECTOR POSITION: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) to contribute 50% of the cost, in an amount not to exceed $36,936.00 for the Housing Rehabilitation Inspector Position. The City will also pay 50% of the cost. The total salary /benefit costs for the position is $73,872. P. FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA): MICROENTERPRISE PROGRAM: Approve First Amendment to the Interlocal Agreement with the Community Redevelopment Agency (CRA) to amend the term and the dates for the guarterlypaayments to be made to the City_ Q. REQUEST FOR A REFUND FOR IN -LIEU PARKING SPACES /T.O. ENTERPRISE: Approve a request from T.O. Enterprise to refund $46,800.00 for three (3) in -lieu parking spaces paid for a project which has been withdrawn located at 234 N.E.4th Avenue. R. 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. S. CLASS ACTION SETTLEMENT /NWABUEZE, ET AL. V. AT &T. Provide authorization to participate in a class action settlement from AT &T for unauthorized Third Party charges on our landline bills from January 1, 2005 through January 14, 2013. T. RATIFICATIONS TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointments of Mr. Gerald Franciosa as the regular representative and Mr. Clifford Durden as the alternative representative on the Planning & Zoning Board to the Parking Management Advisory Board for terms ending July 31, 2014 and July 31, 2015. U. REQUEST FOR SUBORDINATION /3740 LANCEWOOD PLACE: Authorize and approve a request for the City to subordinate its Neighborhood Stabilization Program (NSP) second mort2a2e position to allow Lana Ritz to modify her mort2a2e to reduce her interest rate and shorten the loan term with no consolidation of debt or cash -out for 3740 Lancewood Place. V. RESOLUTION NO. 51 -13: Approve Resolution No. 51 -13 assessing costs for abatement action required to remove nuisances on eight (8) properties throughout the City of Delray Beach. W. PROCLAMATIONS: 1. Delray Reads Day — November 13, 2013 2. Family Promise Week- November 10-16,2013 X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: the actions and decisions made by the Land Development Boards for the period October 14, 2013 through November 1, 2013. Y. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Prolime Corporation (PC) in an amount not to exceed $240,000.00 for hauling and disposal of liquid lime slurry from the Water Treatment Plant (WTP) for Fiscal Year 2014. Funding is available from 441- 5122 -536 -34.90 (Water and Sewer Fund: Other Contractual Services). 2. Purchase award to Tanner Industries at an estimated annual cost of $59,000.00 for Anhydrous Ammonia for the Water Treatment Plant through an active contract with the City of Stuart. Funding is available from 441 - 5122 -536 -52.21 (Water and Sewer Fund: Operating Supplies /Chemicals). 3. Purchase award to The Dumont Company, Inc. at an annual estimated cost of $42,500.00 for the purchase and delivery of Hydrofluorosilicic Acid. Funding is available from 441 - 5122 -536 -52.21 (Water & Sewer Fund: Operating Supplies /Chemicals). 4. Purchase award to Otto Environmental Systems, as a sole source provider, in the amount of $60,000.00 for the purchase of hot stamped arbage carts, lids and wheels to be ordered "as needed ". Fundinu is available from 433 - 3711 -534 -49.35 (Sanitation Fund: Other Current Charges /Cart Renewal & Replacement). 9. REGULAR AGENDA: A. WAIVER REQUESTS /THE STRAND: Consider approval of five (5) waiver requests to Land Development Regulations (LDR) Section 4.4.13(F)(4)(c)(1), "Front Setbacks ", for building frontage setback; to Land Development Regulations (LDR) Section 4.6.9 (D)(3)(c)(1), "Point of Access to the Street System ", for minimum stacking distance; to Land Development Regulations (LDR) Section 6.1.3(B)(1)(f), "Central Business District ", for reduction of the sidewalk width; to Land Development Regulations (LDR) Section 4.6.14(B)(1), "Driveway Intersecting Street or Alley ", for reduction of the visibility triangle; and to Land Development Regulations (LDR) Section 4.6.18(B) (14)(iv)(2), "Roof Top Parking ", for the minimum transparency or glass surface area requirement on the ground floor of all non - residential buildings for The Strand, located on the north and south sides of S.E. lit Street, west side of S.E. 3rd Avenue. (Quasi - Judicial Hearing) B. PROVIDE AUTHORIZATION/ FLORIDA PUBLIC UTILITIES COMPANY: Provide authorization for the City Attorney to proceed with joining with other municipalities in a lawsuit challengint! the franchise fee payments from Florida Public Utilities Company from 2010 through the present in light of the increased participation fee. C. REVIEW AN OFFER OF SETTLEMENT IN ROBERT DeSISTO v. CITY OF DELRAY BEACH: Consider a Review in an Offer of Settlement in the total amount of $300,000.00 in Robert DeSisto v. City of Delray Beach. Staff recommends denial. D. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: ADDoint one (1 re2ular member to the Code Enforcement Board to serve an unexpired term ending January 14, 2015. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). 10. PUBLIC HEARINGS: 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. B. ORDINANCE NO. 27 -13: Consider an amendment to 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 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. 1. AMENDMENTS TO THE SPECIAL EVENT POLICIES AND PROCEDURES: Approve proposed amendments to the Special Event Policies and Procedures; contingent upon approval of Ordinance No. 27 -13. 11. FIRST READINGS: A. ORDINANCE NO. 28 -13: Consider a city initiated rezoning for Pelican Pointe Condominium to change the zoning district map from RM (Medium Density Residential) District in part and GC (,General Commercial) part to RM (Medium Density Residential) District for the property located east of South Federal Highway between Tropic Isle Drive and Bosun Way. If passed, a public hearing will be held on November 19, 2013. B. ORDINANCE NO. 29 -13: Consider approval Ordinance No. 29 -13 which repeals Chapter 36, "Finance; City Property Transactions ", and replaces it with a new Chapter 36, "Acquisition of Goods and Services and Disposal of Ci , Property". If passed, a public hearing will be held on November 19, 2013. C. ORDINANCE NO. 30 -13: Consider an amendment to Chapter 99, "Noise Control ", of the Code of Ordinances, by amending Section 99.03, "Loud and Unnecessary Noises Prohibited ", to amend allowable times for devices and construction noise. If passed, a public hearing will be held on November 19, 2013. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission SEPTEMBER 3, 2013 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, September 3, 2013. 1. Roll call showed: Present- Commissioner Shelly Petrolia Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent - Commissioner Alson Jacquet Also present were - Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Linda Mobley with Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPROVAL OF MINUTES: Mrs. Petrolia moved to approve the Minutes of the Regular Meeting of July 25, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 0 vote. Mrs. Petrolia moved to approve the Minutes of the Special Meeting of August 27, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Frankel — Yes. Said motion passed with a 4 to 0 vote. 5. PRESENTATIONS: S.A. Matchpoint Presentation — Mark Baron Mark Baron, Tournament Director of the Delray Beach Open, stated this year's event was televised in 158 countries around the world and for the past 15 years the event was televised 9 hours nationally and internationally. He stated last year they were televised 25 hours nationally and 52 hours worldwide. Mr. Baron stated next year 09/03/13 the event will be televised for the entire seven (7) days; over 40 hours nationally and 52 hours worldwide. Mr. Baron presented the City of Delray Beach with a glass sculpture from this year's event. At this point, the Commission moved to Comments and Inquiries on Agenda and Non - Agenda Items from the City Manager and the Public Immediately Following Presentations. 6.A. City Manager's response to prior public comments and inquiries. With regard to Mr. Kauffman's comments regarding sidewalk cafes, the City Manager stated the City has started Friday and Saturday night enforcement of sidewalk cafes. The City Manager stated the City's goal is to ensure the business will maintain the five (5) foot clearance. He stated staff recognizes that it is a difficult task but have undertaken to take on that task. In addition, the City staff will rewrite the sidewalk cafe ordinance which will address the types of barriers that must be in place to maintain the five (5) foot clearance. Mrs. Petrolia stated she received two calls on Saturday night about how different it was because there is now the pedestrian throughway as of Saturday night and it is very noticeable. 6.11. From the Public. 6.11.1. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, asked when the City Manager expects the City Commission will review staff's overall Parking Plan for the downtown. Secondly, Mr. Warner stated at the Workshop meeting Mayor Glickstein stated "it's hard to perform our duties with such an informational deficit." Mr. Warner stated he agrees and does not understand if the Commission can discuss parking issues if they do not have all the information that is as recent as three months ago prepared by staff. Mr. Warner commented about Item 8.T. (Special Events Request/On the Avenue) on the Consent Agenda and stated the Delray Beach Marketing Cooperative would like the taxpayers to pay 50% of their overtime for the event. Mr. Warner stated he does not understand why some of the special event sponsors get some of their costs paid by taxpayers and some of them do not. 6.11.2. Bob Ganger, Chairman of the Florida Coalition for Preservation located in Delray Beach, commented about Item 9.D., Initiation to Amendment to the LDRs /Central Business District (CBD)/Density Height and read a brief statement into the record. Mr. Ganger suggested that the Commission have discussion regarding the proposed amendments and table any decision until the proposal is reviewed in the context of land use regulations for the downtown area and the entire city. 2 09/03/13 6.11.3. Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33445, briefly discussed the homes that were built in Bexley Park (first Workforce Housing project) by DR Horton and stated DR Horton is planning to build new homes in the city. Mr. Katz stated residents bought from DR Horton and City employees were highly encouraged to purchase homes from DR Horton so that Police and Firefighters in particular would be close to the city if there were an emergency. However, these homes are falling apart due to mold and mildew from poor building practices. Mr. Katz stated Mayor Glickstein asked to meet with DR Horton and they indicated that they built Bexley Park according to the City Code and the City inspected it so it is the City's problem. Mr. Katz stated when he buys a house he expects the walls and windows to keep the water out. He distributed photographs of an inside home with rot and mildew. Mr. Katz stated he would like to make sure that DR Horton is being held to a standard with the new project they are planning to build. 6.11.4. Peter Humanik, N.E. 5th Street, Delray Beach, FL 33483 (address unknown), commented about Item 8.X.3. and stated he is favor of a speed radar trailer; however, he inquired about the Automated License Plate Recognition System (ALPR). Mr. Humanik asked if license plates will be automatically checked against a database, will they be stored, who they will be provided to (i.e. State or Federal Government), how long will they be stored, and who will bear the total cost. He stated someone has to pay and maintain this. Mr. Humanik urged the Commission to hold off on this until his concerns are answered. 6.11.5. Jim Boucher, Boucher Brothers, 1451 Ocean Drive #205, Miami Beach, FL 33139, stated he bid on the beach contract three years ago. The City Attorney stated the "Cone of Silence" in place and informed Mr. Boucher that he cannot speak to the Commission but can send the Commission his written comments or concerns. 6.11.6. Cindi Freeburn, 371 E. Mallory Circle, Delray Beach, FL 33483, stated with regard to the Boards and the two year pause for elected officials to serve on boards is a good idea. However, Ms. Freeburn stated some people have stated that the City is constantly searching for people to serve on these Boards and that there are not enough people stepping forward but there are others that indicate there are many people who would like to serve. Ms. Freeburn asked that that the Commission provide clarification during that discussion. 7. AGENDA APPROVAL. Mrs. Gray requested that Item 9.C. Initiation of Amendment to Land Development Regulations /Pineapple Grove Way and Item 9.D., Initiation to Amendment to Land Development Regulations (LDR) /Central Business District (CM/Density Height be removed from the Regular Agenda. Mrs. Gray stated she believes that there is an Interlocal agreement between the CRA, City, and the Treasure Coast Council and they have been charged with a form based study to conduct and code 3 09/03/13 and architectural design guidelines for implementing the vision and recommendations contained in the Downtown Master Plan. She stated they are going to be spending $210,000 for this report and feels it is premature for the Commission to make decisions on that until the report is completed. Mayor Glickstein stated that matter is coming before the CRA on September 12, 2013. The City Manager stated the CRA is the funding agency and have not yet approved the Interlocal Agreement. Mrs. Petrolia commented about whether it will hinder the study. Mayor Glickstein stated he would like to see the discussion go forward with this. Mr. Frankel requested that Item 8.X.1., Bid award to All Phase Roofing and Construction, Inc., be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A. Mrs. Gray moved to remove Items 9.C. & 9.D. from the Regular Agenda, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — No; Mrs. Petrolia — No; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion was tie with a 2 to 2 vote. The City Attorney stated no action will be taken so Items 9.C. & 9.D. will remain on the Agenda for discussion. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 35 -13: ABANDONMENT OF RIGHT OF WAYS; MORSE OPERATIONS, INC.: Approve Resolution No. 35 -13; abandoning portions of the road rights -of -way for Avenue "F" (aka Fladell Way) and Avenue "G" (aka Transportation Lane), pursuant to Land Development Regulations (LDR) Section 2.4.6(M), "Abandonment of Rights -of- Way ". office.) The caption of Resolution No. 35 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING PORTIONS OF THE ROAD RIGHTS -OF -WAY FOR AVENUE "F" (AKA FLADELL WAY), AND AVENUE "G" (AKA TRANSPORTATION LANE), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A REVERTER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Resolution No. 35 -13 is on file in the City Clerk's 4 09/03/13 8.A.1. TEMPORARY ACCESS UTILITY EASEMENT AGREEMENT: Approve a Temporary Access Utility Easement Agreement with Morse Operations which will provide the abandoned rights -of -way for Avenue "F" (a /k/a Fladell Way) and Avenue "G" (a /k/a Transportation Lane) to accommodate redevelopment of the adjacent properties for a proposed Honda automobile dealership. 8.B. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL) /COASTAL CONTRACTING & DEVELOPMENT, INC. /ATLANTIC AVENUE GATEWAY ART FEATURE: Approve Contract Closeout (C.O. No. 1/Final) in the amount of a $51,396.59 decrease and final payment in the amount of $62,521.73 to Coastal Contracting & Development, Inc., for completion of the Atlantic Avenue Gateway Art Feature Project. Funding is available from 334 - 3162 -541 -68.09 (General Construction Fund /Other Improvement/Atlantic Avenue Gateway Feature). 8.C. RESOLUTION NO. 36 -13: Approve Resolution No. 36 -13 providing support of the Beach Renourishment Project and ongoing funding commitment to provide for the local match. The caption of Resolution No. 36 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA PROVIDING IT'S SUPPORT FOR THE CITY OF DELRAY BEACH RENOURISHMENT PROJECT AND ITS ONGOING FUNDING COMMITMENT TO PROVIDE FOR THE LOCAL MATCH; PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 36 -13 is on file in the City Clerk's office.) 8.D. AMENDMENT NO. 1 TO THE DEP AGREEMENT/ 2013 BEACH RENOURISHMENT PROJECT: Approve Amendment No. 1 to the Department of Environmental Protection (DEP) Agreement No. 12PB 1 for the state's cost sharing of the 2013 Beach Renourishment Project. 8.E. AGREEMENT /UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA) /CONTROLLED PHARMACEUTICALS: Approve and accept a State and Local Task Force Agreement between the City and the United States Department of Justice, Drug Enforcement Administration (DEA), to reimburse the Delray Beach Police Department for overtime up to $17,202.25 (subject to availability of funds), to disrupt and dismantle individuals and organizations involved in diversion schemes of controlled pharmaceuticals. 8.F. AGREEMENT /UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA)/ILLEGAL NARCOTICS AND DANGEROUS DRUGS: Approve and accept a State and Local Task Force 09/03/13 Agreement between the City and the United States Department of Justice, Drug Enforcement Administration (DEA), to reimburse the Delray Beach Police Department for overtime up to $17,202.25 subject to availability of funds, to disrupt the illicit drug trafficking in illegal narcotics and dangerous drugs. 8.G. K -9 SALE AND HOLD HARMLESS AGREEMENT: Approve a K -9 Sale and Hold Harmless Agreement regarding the sale of Police canine "Karo" to Officer Thomas Tolbert. 8.H. AMENDMENT NO. 1 TO THE AGREEMENT WITH ACTION LABOR MANAGEMENT, LLC./ STAFFING CONNECTIONS: Approve Amendment No. 1 to the Agreement with Action Labor Management, LLC. d /b /a Staffing Connections to perform crossing guard services for schools located within the City's jurisdiction for a period of one (1) year. Funding is available from 001- 2115 -521- 34.90 (General Fund: Other Contractual Services). 8.I. GRANT APPLICATION TO FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) /POMPEY PARK POOL: Authorize staff to submit a grant application to the Florida State Department of Environmental Protection's Recreation Development Assistance Program for funding in the amount of $178,250.00 to redesign the wading pool at Pompey Park Pool located at 1101 N.W. 2nd Street. 8_J. GRANT APPLICATION TO FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)/VETERANS PARK PLAYGROUND: Authorize staff to submit a grant application to the Florida State Department of Environmental Protection's Recreation Development Assistance Program for funding in the amount of $138,500.00 to replace playground equipment for Veterans Park. 8.K LANDSCAPE MAINTENANCE AGREEMENT RENEWAL/ SPORTS TURF ONE: Approve renewal of a Landscape Maintenance Agreement with Sports Turf One in the amount of $77,148.00 for the Seacrest Soccer Complex and Hilltopper Stadium. Funding is available from 001 - 4131 -572 -34.90 (General Fund: Other Contractual Service). 8.L. LANDSCAPE MAINTENANCE AGREEMENT RENEWAL/ COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA, INC.: Approve Renewal of a Landscape Maintenance Agreement with Complete Property Services of South Florida, Inc. in the amount of $ $39,970.00 for Homewood Boulevard and Linton Boulevard and three (3) medians on Military Trail. Funding is available from 001 -4131- 572 -34.90 (General Fund: Other Contractual Service). 8.M. HOUSING REHABILITATION GRANT /CONTRACT AWARD: Award one (1) Housing Rehabilitation contract award through the State Housing Initiative Program (SHIP) to the second lowest responsive bidder for 128 N.W. 10th Avenue to Cordoba Construction, Co., in the amount of $18,529.10. Funding is 6 09/03/13 available from 118 - 1924 -554 -49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation) and 118 - 1974 - 554 -49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). 8.N. RESOLUTION NO. 17 -13: Approve Resolution No. 17 -13 assessing costs for abatement action required to remove nuisances on three (3) properties throughout the City of Delray Beach. The caption of Resolution No. 17 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 17 -13 is on file in the City Clerk's office.) 8.0. RATIFICATION OF APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointments of regular representative Mr. William Branning and Reginald Cox as the alternative representative for the Community Redevelopment Agency (CRA) to the Parking Management Advisory Board for expired terms ending July 31, 2014 and July 31, 2015. 8.P. AMENDMENT NO. 4 TO THE AGREEMENT /SUNGARD PUBLIC SECTOR, INC.: Approve Amendment No. 4 to the agreement between the City and SunGard Public Sector, Inc. for Public Safety Software Systems. FY 2014 GOLF RATES/DELRAY BEACH MUNICIPAL GOLF COURSE: Approve the proposed maximum rates for the Delray Beach Municipal Golf Course. 8.R FY 2014 TENNIS RATES /TENNIS FACILITIES: Approve the proposed maximum rates for the Tennis Facilities. 7 09/03/13 8_S. FY 2014 GOLF RATES/ LAKEVIEW GOLF COURSE: Approve the proposed maximum rates for the Lakeview Golf Course. 8.T. SPECIAL EVENTS REQUEST /ON THE AVE: Approve a special event request for On the Ave to be held on October 17, 2013 from 6:00 p.m. to 10:00 p.m.; grant a temporary use permit per LDR's Section 2.4.6(F) for the closure and use of N.E. 2nd Avenue from the alley north of Atlantic Avenue to south of the garage entrance to City Walk. N.E. 1st Street will remain open to traffic and authorize staff support for security and traffic control, EMS assistance and fire inspection, banner hanging and removal, event signage, barricade set up and removal, and trash removal and clean up; contingent on the receipt of a letter from the private property owners for the car show by October 3, 2013. The event sponsor will pay 50% for all overtime costs and an administrative fee for an estimated charge of $2,225.00. 8.U. SPECIAL EVENT REQUEST /14TH ANNUAL DOWNTOWN DELRAY BEACH THANKSGIVING WEEKEND ART FESTIVAL: Approve a special event request for the 14'h Annual Downtown Delray Beach Thanksgiving Weekend Art Festival to be held on November 30, 2013 through December 1, 2013 from 10:00 a.m. until 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for use of N.E. 4m from Atlantic Avenue to N.E. 2nd Street and from Atlantic Avenue to S.E. 2nd Street and the north Hands parking lot for vendors; to authorize staff support for traffic control, security, and Fire Inspector. The event sponsor will pay 100% for all overtime costs and an administrative fee for an estimated charge of $6,602.00. 8.V. PROCLAMATIONS: 1. National Sickle Cell Month — September 2013 8.W. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 19, 2013 through August 30, 2013. 8.X. AWARD OF BIDS AND CONTRACTS: 1. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 2. Contract award to Layne Inliner, LLC. in the amount of $45,475.00 for rehabilitation of sanitary sewer main segments as part of the annual Sanitary Sewer Main Rehabilitation program. Funding is available from 442 - 5178 -536 -63.51 (Water & Sewer Renewal & Replacement Fund: Improvements Other /Sewer Main). 3. Purchasing award to NDI Recognition Systems (NDIRS) in the amount of $25,000.00 for the purchase of a speed /radar trailer fully equipped with an Automated License Plate Recognition System (ALPR). Funding is available from 001 - 2115 -521 -64.11 (General Fund: Machinery/Equipment/Computer Equipment). 8 09/03/13 4. Purchase award to NAFECO in the amount of $16,996.00 for a CMC Confined Space USAR Task Force Communication Kit for the Fire - Rescue Department. Funding is available from 001 -2315- 526 -64.90 (General Fund: Machinery/Equipment/Other Machinery/Equipment). Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A.A. AWARD OF BIDS AND CONTRACTS: Bid award to All Phase Roofing and Construction, Inc., in the amount of $249,210.00 for modifications to the Beach Master Plan Gazebo project. Funding is available from 117 - 4170 -572 -68.83 (Recreation Impact Fee FD: Other Improvement/B each Pavilion). Mr. Frankel expressed concern that this is a lot of money and asked what happened to the builder who was going to donate everything and do this for the City. Randal Krej carek, City Engineer, stated one of the original proposals was things were going to be donated; however, in order to make this fair for all possible bidders to bid on the project staff went ahead with a normal bid process and if someone wanted to make donations it would be reflected in his bid proposal. Mr. Frankel stated the builder was going to build it for the City and expressed concern that there was even a bid. Mr. Krejcarek stated the original proposal was not that they were going to just build it for the City. He stated there was going to be some donations involved in the construction of the pavilion. Mr. Frankel stated $250,000 is a lot of money for what the City is getting. Mrs. Gray expressed concern over the current condition of the pavilion and feels the money the City is going to be spending is well worth it because the beach is the most utilized asset and people come from all over the world to use it. Mr. Krej carek stated the Gazebo's actual footprint is much larger than the existing one; the whole idea was to construct an open Gazebo that was similar to the original Gazebo that was built there which meant making a larger footprint in order to have all the decorative accents that were on the original one. He stated there will be minimal site work with it but the majority of the cost is because of the size of the Gazebo. Mr. Frankel asked what will be done to ensure that it does not fall into the current condition that it is now. Bob Currie, Currie Sowards Aquila Architects, 185 NE 4th Ave #101, Delray Beach, FL 33483 (Architect for the project), stated there will be stainless steel connectors so it will not rust and it is designed to withstand 155 mph winds, there are brick pavers, a new stainless steel shower, walkway lighting that goes around it as well as 9 09/03/13 inside lighting, and is twice as big as the one that is there now and is a replica of the 1929 Gazebo. Mr. Currie stated thousands of hours were put into this and there is also $60,000 from the community that is being put in as part of that fee. Mrs. Gray asked if this will be Americans with Disabilities Act (ADA) compliant because currently someone in a wheelchair cannot get close enough to see the beach. Mr. Currie stated there will be a sloped ramp and it will be ADA complaint. Mr. Frankel moved to approve the bid award to All Phase Roofing and Construction, Inc. in the total amount of $249,210.00 for modifications to the Beach Master Plan Gazebo project, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 0 vote. 9.A. AMENDMENT NO. 5 TO THE AGREEMENT /MATCH POINT, INC.: Consider approval of Amendment No. 5 to the Agreement with Match Point, Inc. to allow the number of players for the Champions Tour Event to be six (6) players through the term of the original agreement of 2030. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to approve this amendment which leaves the number of players for the Champions Tour Event to be six (6) players. Mr. Barcinski stated last year the Commission approved a one (1) year extension. Mark Baron, Tournament Director of the Delray Beach Open, stated they are requesting that this be a minimum of a six (6) man draw which allows them to go after some European players who will only come for three days. Mr. Baron stated the ATP by -laws changed in 2010 to allow a 6 -8 man draw. Mrs. Petrolia asked why lessening the number of players bring in better opponents. In response, Mr. Baron stated because someone like Jon Borg will come play Friday, Saturday, and Sunday which is a six man draw; eight man draw you have to go into Monday. Mr. Baron stated it lessens the length of time. Mrs. Petrolia asked if there is a draw on Monday. Mr. Baron stated they were finishing the 8 man draw on Monday morning. Mrs. Gray stated she loves the tournament and commented about the draw and understands the cost for the higher name players. Mr. Baron stated Andy Roddick signed on to play the event. Mrs. Gray stated Delray Beach is televised in 158 countries and asked Mr. Baron to elaborate on this. Mr. Baron briefly explained his detailed report regarding the marketing of the event. Mrs. Gray asked why Mr. Baron is asking for 30 years. Mr. Baron stated the agreement with the City is that there are 17 years left and the tour has ratified where it is a 6 -8 man draw so they wanted to be equal with what the tour is now. He stated of all the ATP tour events in the world approximately 90% are six man draws because it allows them to get the bigger players. 10 09/03/13 Mayor Glickstein stated the City is stuck through 2030 and understands the reasons Mr. Baron now wants to change the terms of the agreement; however, he is not willing to go to 2030 for the same reason. Mayor Glickstein suggested that the City reduce the term to three (3) years and revisit it then. Mr. Frankel stated he has seen both the eight man draw and the six man draw and feels the six man draw works better. Mr. Frankel supports the request. Mrs. Gray stated she supports staff s recommendation to reduce the term to five (5) years versus through 2030. Mrs. Petrolia stated she would like to revisit this but does not feel this needs to be done on an annual basis. She suggested to reduce the term to two (2) or three (3) years. Mrs. Gray moved to approve staff s recommendation for this amendment to take place over a five (5) year period and not extend to the end of the contract, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — No; Mr. Frankel — Yes. Said motion passed with a 3 to 1 vote, Mrs. Petrolia dissenting. 9.11. DISCUSSION REGARDING A TWO YEAR WAITING PERIOD FOR FORMER COMMISSIONERS BEFORE BEING ELIGIBLE FOR APPOINTMENT TO CITY BOARDS The City Attorney stated Palm Beach County adopted a resolution earlier this year providing for a two year waiting period for their former County Commissioners to be able to be appointed to any county boards. The City Attorney suggested that the City amend its ordinances in order to make this affective. He stated if the Commission would like two -year a waiting period before former City Commissioners can be elected then the two —year term would start from their last day of office. Mayor Glickstein stated this was a consequence of hoping to codify rules going forward to avoid appointment issues. He stated the County approved this to eliminate the revolving door syndrome of elected officials moving to advisory boards and then back into public office. Mayor Glickstein stated waiting two years is a good practice. Mrs. Petrolia stated she has found there not to be any lack of numbers of people going for these positions. She stated there are well qualified and talented people coming before the Commission. Mrs. Petrolia stated she has noticed that there is a certain amount of influence that the position of being an elected official draws. She stated the longer one is on the Commission the more people think what you say is true and it may or may not be. Mrs. Petrolia feels that it is a good thing to have a cooling off period so that you do not have that influence from being on the dais for many years in any one board to direct a board in a different direction and you do not have that recycling 11 09/03/13 effect. She feels it is good to have the boards rejuvenated with new people and new thoughts. Mrs. Petrolia stated she strongly supports this. Mrs. Gray stated three years ago she joined the Commission and prior to that she was on the CRA Board for 2' /z years then once the ethics laws came into place it was difficult to serve on the boards and some people were actually dropping off the boards. Mr. Frankel commented about the 15 resignations on the Financial Review Board within a few months. He asked how many City boards are there and how many former commissioners are serving. The City Clerk stated there are 21 City boards and does not believe any former commissioners are currently serving on boards. Mr. Frankel stated this was proposed by the County for different reasons that are not applicable here. He believes this has been brought up for personal reasons and does not feel that former people who have served and lived here for years and have knowledge and skill sets that are applicable to certain boards, should be excluded. Mr. Frankel stated he is not in favor of it. Mayor Glickstein stated it was the Financial Review Board (FRB) that had a lot people resign and there were other boards as well. He stated in particular because the ethics rules impacted people in the financial industry more than the advisory boards. Mayor Glickstein stated people had trouble understanding a new rule as well as the time it was implemented (i.e. a recession). He stated there was a confluence of many things and he feels these were the reasons that people were dropping off but very few applicants. Mayor Glickstein stated wherever there is an opportunity to instill independence and apolitical people on advisory boards this is what should be done and he supports it. It was the consensus of the Commission (2/2) that since there was no action taken this item will be brought back to the Commission on September 17, 2013. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 38 -13 (TENTATIVE MILLAGE LEVY): A resolution tentatively levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2014. The caption of Resolution No. 38 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE 12 09/03/13 AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 38 -13 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Manager made several recommendations to reduce the budget and those reductions total $598,890.00 (one -tenth of a mil). He stated this would reduce the proposed millage rate from 7.4546 to 7.3546. The City Attorney stated that the City Manager is proposing is a 7.3546 operating millage rate which is a 7.6999 total millage rate which includes debt service. This is 7.35% over the rolled back rate of 6.8505. Mayor Glickstein declared the public hearing open. Steve Blum, 115 -C Venetian Drive, Delray Beach, FL 33483, read a brief statement into the record regarding the budget. Mr. Blum urged the Commission to not give the 3% across the board raise and keep the operating millage rate the same as last year (7.1992) and direct the City Manager to come back with a revised balanced budget that shows some consideration for the citizens who are paying for it. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, stated he is pleased to see that the Commission has lowered the millage rate by one - tenth. Mr. Warner stated the highest voting districts are those that occupy the barrier island and the barrier island taxpayers contribute one -third of the tax revenues to the City. He urged the Commission to lower the millage rate even more. Peter Humanik, N.E. 5th Street, Delray Beach, FL 33483 (address unknown), briefly spoke about the budget. He urged the Commission direct the City Manager to not present anymore items without having the cost of operating and maintaining it over some reasonable period (i.e. 2 or 3 years). Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33445, stated employees should have to earn the raises and suggested that an evaluation process be implemented. In addition, Mr. Katz stated if the City gives employees incentives to do better they will do better. There being no one else from the public who wished to address the Commission regarding Resolution No. 38 -13, the public hearing was closed. 13 09/03/13 Mrs. Petrolia commented about an article in the Sun - Sentinel about how difficult it is for the average citizen to pay taxes especially on top of the fact that they are looking at lower wages across the board with the exception of the top 10% wage earners in Florida it makes her realize that we have to do a better job at making sure the government runs efficiently and that the City can keep the taxes as low as possible. She stated in the article it talked about the wages going down across the board and the cost of living going up. Mrs. Petrolia stated although this is a difficult situation for many people but she is pleased with the direction that the City is going. Mr. Frankel stated it is hard to compare the private sector to Police and Fire. Mr. Frankel stated the General Employees as well as Police and Fire deserve an increase. He stated if everyone is doing a good job they deserve a raise and if not they should not receive a raise. Mr. Frankel stated he would like to see the operating millage remain at 7.19. Mrs. Gray asked how much would a 3% increase would be for General Employees. The City Manager stated it $158,000 per 1 %; the 4% is a little over $600,000. Mayor Glickstein stated if the City were to do thorough performance reviews on every employee with the exception of a small percentage they would all pass and would be entitled to the raise if that was the City's standard. He would love to see the operating millage lower than it is; however, he feels confident that the City Manager has reviewed the best he can with the information and systems that he has to come up with a budget to get the City where it needs to be and recognizing that the Commission has high expectations for next year. Mayor Glickstein stated he appreciates the City Manager's efforts. Brief discussion continued regarding employee evaluations. Mrs. Gray moved to approve Resolution No. 38 -13 with the proposed operating millage rate of 7.3546 with a total millage rate of 7.6999. Said motion failed due to a lack of a second. Brief discussion regarding the City's reserves followed. Prior to the vote, the City Manager recommended that the Commission adopt the 7.3546 rate tonight and give him the opportunity to look at the reduction based on using reserves and then the Commission can adopt a lower rate if they so desire. Mr. Frankel moved to approve 7.1992 as the operating millage rate with 7.5445 as total millage which would be a 5% increase over the rolled back rate, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — No; Mrs. Petrolia — No; Mr. Frankel — Yes; Mrs. Gray — No. Said motion to approve Resolution No. 38 -13 was DENIED with a 3 to 1 vote, Commissioner Frankel dissenting. 14 09/03/13 Mrs. Gray moved to approve Resolution No. 38 -13 with the proposed operating millage rate of 7.3546 with a total millage rate of 7.6999, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Frankel — No; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. At this point, Mayor Glickstein passed the gavel to Deputy Vice Mayor Petrolia and left the dais. 10.B. RESOLUTION NO. 39 -13 (TENTATIVE MILLAGE LEVY/DDA): A resolution tentatively levying a tax of one mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2014. The caption of Resolution No. 39 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 39 -13 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated the proposed millage rate at 1.0000 mil for all properties within the DDA is greater than the rolled back rate (0.9555) by 4.66 %. Deputy Vice Mayor Petrolia declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 39 -13, the public hearing was closed. Mr. Frankel moved to approve Resolution No. 39 -13, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mrs. Petrolia — Yes. Said motion passed with a 3 to 0 vote. 10.C. RESOLUTION NO. 40 -13 (TENTATIVE BUDGET ADOPTION FOR FY 2014): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2013 through September 30, 2014. 15 09/03/13 The caption of Resolution No. 40 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1st DAY OF OCTOBER, 2013, TO THE 30th DAY OF SEPTEMBER, 2014; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 40 -13 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Deputy Vice Mayor Petrolia declared the public hearing open. At this point, Mayor Glickstein returned to the dais. Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33445, stated in his earlier comments he did not address Police and Fire because it is not presented in the budget and stated he believes Police and Fire is completely different because they risk their lives. Mr. Katz briefly suggested keeping money in the budget for raises but that the City makes the employees earn that raise. He also suggested that an evaluation system be put in place so employees are evaluated annually and feels employees who work hard deserve a higher increase than others who do not work as hard. Steve Blum, 115 -C Venetian Drive, Delray Beach, FL 33483, briefly spoke about employee raises and does not support the City giving employees a 5% increase. Mr. Blum feels that every time the City gives a dollar to the employees they are taking away a dollar from the taxpayers and he does not feel this is fair. Peter Humanik, N.E. 5th Street, Delray Beach, FL 33483, stated there was a 3% reduction in FICA 4 years ago so in his opinion the 3% was an increase. Mr. Humanik stated 90% of professional opinions about raises and employee motivation is that money is not the prime motivator with what motivates employees. He concurs with Commissioner Frankel to pass the budget at where it was and give that direction to the City Manager. 16 09/03/13 Cindi Freeburn, 371 East Mallory Square Delray Beach, FL 33483, stated with regard to the deductions for FICA and healthcare it affects everyone not just City employees. Ms. Freeburn stated having worked in the private sector she has never experienced a two - tiered evaluation process. She stated since the five -tiers was previously in place she urged the Commission to re- initiate this. Ms. Freeburn stated she is not in favor of any raises for City employees without the evaluations taking place. Ms. Freeburn concurs with Mr. Frankel that the millage rate remains the same and challenge the City Manager to find those savings in the operating budget not to take it from reserve. Terra Spero, 417 N.E. 7th Street, Delray Beach, FL 33444, expressed concern that the Federal Government has had a freeze on pay raises since 2010 and this year they have had a 1% (possible) raise; the active duty military personnel are fighting for a 1.8% raise. Ms. Spero stated she would like to see a plan for right- sizing the organizational structures and then moving forward with a plan to determine the most appropriate way to give a raise. Bob Schwartz, 555 S.E. 6th Avenue, Delray Beach, FL 33483, concurs with comments expressed by Mayor Glickstein that this is about the process and involving the employees in that process. Mr. Schwartz stated if the process is not solved especially by the employees then they are being blamed for something that is not their fault. He urged the Commission to support and feels that employees deserve to be treated with respect. At this point, there being no one else from the public who wished to address the Commission regarding Resolution No. 40 -13, the public hearing was closed. Mrs. Petrolia clarified that the 1% is a one -time bonus and the 3% is going forward. Mrs. Gray asked how City employees' pay scales are compared to other municipalities. The City Manager stated the City of Delray Beach is at the middle to the bottom of where municipal employees are paid in the County. The City Manager stated for the City's non - management level jobs the City is 50% or lower and is in the 75% level for managerial jobs. He stated the 3% will keep the City in the ballpark; however, other municipalities are planning to give on average about a 2% increase for their employees. Mrs. Gray moved to approve Resolution No. 40 -13, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Frankel — No. Said motion passed with a 3 to 1 vote, Commissioner Frankel dissenting. 10.D. RESOLUTION NO. 33 -13 /CONTRACT FOR SALE AND PURCHASE OF 710 S.W. 5" AVENUE: Consider approval of Resolution No. 33 -13, a contract for sale and purchase, authorizing the City to sell the Neighborhood Stabilization Program property located at 710 S.W. 5m Avenue to Kimberly L. Spells in the amount of $112,960.00 or appraised value and provide subsidy up to $32,200.00 17 09/03/13 secured by promissory note and second mortgage. The caption of Resolution No. 33 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 33 -13 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Lula Butler, Director of Community Improvement, stated this is a request for approval to sell a house purchased under the Neighborhood Stabilization Program located at 710 S.W. 5m Avenue to Kimberly L. Spells for the purchase price of $112,960 and to provide a subsidy up to $32,200 secured by promissory note and second mortgage. Mrs. Butler stated the City of Delray Beach has received $1,905,005 under the Neighborhood Stabilization Program (NSP). With regard to Mrs. Petrolia's concerns she asked earlier today about the subsidy, Mrs. Butler stated the Federal Government allows the City to put up to 50% of the cost of the project into subsidy to make it affordable if necessary. The City has adopted a lower cap of $50,000 as a max under the housing assistance plan and it is based on individual need. Staff recommends approval. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 33 -13, the public hearing was closed. Mrs. Petrolia asked if the $32,200 subsidy would not be repayable if they meet all the requirements. Mrs. Butler stated this is correct for the first ten (10) years. Mrs. Gray moved to approve Resolution No. 33 -13, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein —Yes; Mrs. Petrolia — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. 18 09/03/13 10.E. ORDINANCE NO. 18 -13: Consider approval to individually designate the property located at 2 Fisher Lane, as "Two Fisher Lane ", and list it on the Local Register of Historic Places. office.) The caption of Ordinance No. 18 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING TWO FISHER LANE, LOCATED AT 2 FISHER LANE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 18 -13 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a request to approve an individually designated property located at 2 Fisher Lane. Mr. Dorling stated the property is located on the Intracoastal and contains a one -story single family residence that was constructed in 1941. He stated to qualifies as a historic site it must meet a certain criteria under LDR Section 4.5.1(B). Mr. Dorling stated the subject structure meets the following criteria: LDR Section 4.5.1(B)(2) and Section 4.5.1(B)(3). At its meeting of August 7, 2013, the Historic Preservation Board (HPB) reviewed the subject designation where a recommendation of approval was made to the City Commission. At its meeting of August 20, 2013, the City Commission considered this item on first reading and recommended approval. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 18 -13, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 18 -13 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 0 vote. 19 09/03/13 At this point, the time being 8:18 p.m., the Commission moved back to Item 9.C. 9.C. INITIATION OF AMENDMENT TO LAND DEVELOPMENT REGULATIONSMINEAPPLE GROVE WAY: Consider approval to initiate an amendment to the Land Development Regulations (LDR) Section 4.4.13(H)(1), "Special Regulations ", prohibiting ground floor office uses for specific areas along Pineapple Grove Way. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a request from the Pineapple Grove Arts District Board of Directors to have the City Commission initiate an LDR change that would restrict office uses on the ground floor of structures that are on N.E. 2nd Avenue in the Pineapple Grove Neighborhood area. Mr. Frankel stated the majority of the businesses in the area that Mr. Dorling is talking about are beauty /hair salons that close at 5 or 6 p.m. He understands the purpose of this but other than a few of the restaurants it is dead in this area. Mr. Dorling stated it would stop that further "dead zone" by not allowing office uses to locate on the ground floor. Mrs. Gray stated she is excited to see this study to implement some of the visions and the recommendations contained in the Downtown Master Plan. She feels for $210,000 the City should wait to find out what these experts are saying we should do. Mrs. Gray stated she does not want to prohibit businesses from coming into the district in the future and feels we should wait to see what this study is about. Mrs. Petrolia asked if this includes the Chamber of Commerce building. Mr. Dorling stated a certain amount of the space on the ground floor is located along 2nd and this would apply to it. Mr. Dorling stated it would apply to any space that has an entrance or windows onto 2"d. Mrs. Petrolia noted that the Chamber has an entrance onto 1st. Mr. Dorling stated this is being done to provide the same protection that has been extended to Atlantic Avenue. Mrs. Petrolia stated she would support it because the whole idea is to have the activity, thoroughfare of people traveling through, and having places open at night. Mayor Glickstein stated from day one the idea was to extend the pedestrian experience off Atlantic Avenue as far into Pineapple Grove as possible. He stated the City is trying to encourage office users and developers to redevelop other parts of the city in ways other than apartment buildings. Mayor Glickstein stated we should do everything to encourage that initial vision and he fully supports the plan. He stated most of the people on the Board live and work in Pineapple Grove and understand how the street should function. Mrs. Gray stated she had a business in Pineapple Grove for 14 years and commented about the contract between the CRA, City, and Treasure Coast. Mayor 20 09/03/13 Glickstein stated there is nothing in the contract that deals with use and there will not be an analysis of which uses are appropriate in which areas. Mrs. Gray stated she is looking out for the residents and the business owners. Mrs. Petrolia asked if this is a business owner initiative. Mr. Dorling stated many of the Pineapple Grove Board members are business owners themselves. Mr. Dorling clarified this is not prohibiting office use on the street but it only prohibits it on the ground floor. Therefore, he stated office use is allowed on the second floor. Mrs. Petrolia moved to approve to initiate the amendment to the LDRs as set forth in Item 9.C., seconded by Mayor Glickstein. Upon roll call the Commission voted as follows: Mr. Frankel — No; Mrs. Gray — No; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion was a 2/2 vote, therefore no action was taken. This item will come back on the regular City Commission meeting of September 17, 2013. 9.D. THIS ITEM HAS BEEN MOVED TO THE REGULAR MEETING OF SEPTEMBER 17, 2013. 9.E. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment to serve a two (2) year term ending August 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel stated he would like to defer his appointment to the next regular meeting of September 17, 2013. 9.F. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint two (2) regular members to serve two (2) year terms ending August 31, 2015 to the Historic Preservation Board. Based upon the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). Mayor Glickstein stated Commissioner Jacquet is absent so the appointment would go to Commissioner Frankel. Mr. Frankel moved to reappoint Iris McDonald as a regular member to the Historic Preservation Board to serve a two (2) year term ending August 31, 2015, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 0 vote. 9.G. APPOINTMENT TO THE PLANNING & ZONING BOARD: Appoint one (1) regular member to the Planning & Zoning Board to serve a two (2) year term ending August 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). 21 09/03/13 Prior to the vote, Mayor Glickstein stated he does not support the nomination because he would like to see people on the Advisory Boards who are not involved in the political process. Mrs. Gray stated it is important to have a diversified group on an Advisory Board because it brings another perspective. Mr. Frankel moved reappoint Gerry Franciosa as a regular member to the Planning and Zoning Board to serve a two (2) year term ending August 31, 2015. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — No; Mrs. Petrolia — No; Mr. Frankel — Yes. Said motion was a 2/2 vote, therefore no action was taken and this appointment will be back on the regular meeting of September 17, 2013. 9.11. APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE BOARD: Appoint one (1) regular member to serve a two (2) year term ending August 31, 2015 to the Site Plan Review & Appearance Board. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel moved to appoint Terra Spero as a regular member to the Site Plan Review and Appearance Board to serve a two (2) year term ending August 31, 2015, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Frankel - Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 8:39 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 25 -13: An ordinance amending Chapter 51, "Garbage and Trash ", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied ", to provide for increased residential and commercial collection service rates for FY 2014. If passed, a public hearing will be held on September 17, 2013. The caption of Ordinance No. 25 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED ", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2014; 22 09/03/13 office.) PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 25 -13 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Lisa Hartman, Utilities Financial Manager, stated based on the City's current contract with Waste Management, the CPI was less than 1% and there are no fuel adjustment charges. Ms. Hartman stated the CPI causes the rates to go up by .86 %; on an annual basis for residential rates this is an approximately $.60 -$2.64 increase depending on the type of garbage service they have and less than a 1% increase for the commercial customers for the entire year as well. Mrs. Gray asked if this is done yearly. Ms. Hartman stated this is done yearly and for a multi - family the increase is $.60 per year; for curbside disposal bag is $.96 per year; for rear -door service $2.64 per year; curbside roll -out carts is $1.56 per year. Mrs. Petrolia commented about the cart replacement fee that the City has accumulated over $1 million for the curbside rollout. She asked if there is any chance of eliminating that and stop putting into this fund that is accumulating and is just sitting there. The City Manager stated with the prospect of bidding this he feels the City should look at its entire rate structure at that time. Mr. Frankel moved to approve Ordinance No. 25 -13 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 0 vote. 12.B. ORDINANCE NO. 19 -13: Consider a city- initiated amendment to the Land Development Regulations (LDR) Section 2.2.4, "Board of Adjustment ", Subsection B, "Composition ", to modify the board member requirements for the Board of Adjustment. If passed, a public hearing will be held on September 17, 2013. The caption of Ordinance No. 19 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.2.4, "THE BOARD OF ADJUSTMENT ", SUBSECTION B, "COMPOSITION ", TO MODIFY THE BOARD MEMBER REQUIREMENTS FOR THE BOARD OF ADJUSTMENT, PROVIDING A SAVING CLAUSE, A 23 09/03/13 office.) GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 19 -13 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a city - initiated amendment to the LDRs that will modify board member requirements for the Board of Adjustment. Mr. Dorling stated this will require that three (3) of the five (5) members be filled by either an Architect, Engineer, General Contractor, Realtor, Landscape Architect, or Land Planner At its meeting of August 19, 2013, the Planning and Zoning Board voted 6 to 1 (Durden dissenting) to recommend approval. The City Attorney stated this item came out of the City Commission recommendation of the Advisory Boards. Mr. Frankel moved to approve Ordinance No. 19 -13 on FIRST Reading, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 0 vote. 12.C. ORDINANCE NO. 20 -13: Consider a city- initiated amendment to the Land Development Regulations (LDR), by amending Section 2.2.2, "The Planning and Zoning Board ", Subsection C, "Composition ", to modify the Board member requirements. If passed, a public hearing will be held on September 17, 2013. office.) The caption of Ordinance No. 20 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.2.2, "THE PLANNING AND ZONING BOARD ", SUBSECTION C, COMPOSITION', TO MODIFY THE BOARD MEMBER REQUIREMENTS FOR THE PLANNING AND ZONING BOARD, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 20 -13 is on file in the City Clerk's 24 09/03/13 The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this will require five (5) of those seven (7) members to be either an Architect, Engineer, Landscape Architect, or Land Planner, Realtor, Developer, General Contractor, or Land Use Attorney. At its meeting of August 19, 2013, the Planning and Zoning Board considered this and voted 4 to 3 to recommend approval of a modified version of the ordinance that would limit the two (2) at large positions to laypersons that are not filed with any of the professional categories. Mr. Dorling stated the Board felt that layperson positions remain open to laypersons. The City Attorney stated the ordinance that is front of the Commission now will allow laypersons; currently we want five (5) professionals on the Board; two (2) members can be laypersons. The Planning and Zoning Board was considered that the City Commission may appoint all professionals to that Board and they wanted restrictive language in the ordinance stating that those two (2) seats can only be for a layperson. Mr. Frankel stated he understands the intent but feels the City may have trouble finding qualified individuals in these experience categories to serve on a voluntary board and is worried about the restrictive nature for this particular board. Mrs. Gray concurred with comments expressed by Mr. Frankel. Mrs. Gray suggested that there be four (4) professionals and three (3) laypersons. Mrs. Gray stated we are lessening the search by being so restrictive. Mrs. Petrolia concurred with comments expressed by Mrs. Gray. Mayor Glickstein stated consistent with expanding the pool is and /or that way you have the ability to draw from either laypersons or professionals. However, Mayor Glickstein stated if you restrict to laypersons and you do not have the choices you might like in just the laypersons, then you have just created the restriction on the layperson side that you are trying to avoid on the professional side. Mrs. Petrolia moved to approve Ordinance No. 20 -13 on FIRST Reading as amended (4 professional; 3 laypersons), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Frankel — No. Said motion passed with a 3 to 1 vote, Commissioner Frankel dissenting. 12.D. ORDINANCE NO. 21 -13: Consider a city- initiated amendment to Land Development Regulations (LDR), by amending Article 8.1, "The Community Redevelopment Agency ", Section 8.1.1, "Community Redevelopment Agency ", Subsection (B), "Members ", to provide that the appointments for Chair and Vice -Chair shall occur on an annual basis. If passed, a public hearing will be held on September 17, 2013. 25 09/03/13 office.) The caption of Ordinance No. 21 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE 8. 1, "THE COMMUNITY REDEVELOPMENT AGENCY, SECTION 8.1.1, "COMMUNITY REDEVELOPMENT AGENCY ", SUBSECTION (B), "MEMBERS ", TO PROVIDE THAT THE APPOINTMENTS FOR CHAIR AND VICE -CHAIR SHALL OCCUR ON AN ANNUAL BASIS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21 -13 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated that would require the Chair and Vice Chair of the Community Redevelopment Agency (CRA) to be appointed on an annual basis. The term would run from August 2 through July 31. The amendment will not prohibit the ability for the Chair and Vice Chair to continue serving; they would just need to be re- appointed on an annual basis. At its meeting of August 19, 2013, the Planning and Zoning Board reviewed the item and voted 7 to 0 to recommend approval. Mrs. Gray asked why the CRA is not making their own decision as to who will be their Chair and Vice Chair. The City Attorney stated per Statute the City is required to appoint them and there is now a specific term for them to serve. Mrs. Gray moved to approve Ordinance No. 21 -13 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. 12.E. ORDINANCE NO. 22 -13: Consider an amendment to Chapter 35, "Employee Policies and Benefits ", Section 35.095, "Contributions of Participant and City ", Subsection (A), "Participant's Contribution Account ", to clarify when contributions shall cease. If passed, a public hearing will be held on September 17, 2013. The caption of Ordinance No. 22 -13 is as follows: 26 09/03/13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS ", SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT AND CITY ", SUBSECTION (A), "PARTICIPANT'S CONTRIBUTION ACCOUNT ", TO CLARIFY WHEN CONTRIBUTIONS SHALL CEASE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 22 -13 is on file in the City Clerk's office.) The City Attorney read the caption of Ordinance No. 22 -13 and stated for General Employees who belong to the General Employees' Pension Plan once they obtain 30 years of service, contributions are still taken out for them to contribute to the retirement plan. In 1999, the City Attorney stated the employee contribution requirement was removed and another section of the ordinance was removed that dealt with when the contributions would stop. The City Attorney stated in 2003, employee contributions started back up; however, that section was not added back into the ordinance. He stated there are five (5) employees that have contributed to the plan after September 24, 2010 who shall be entitled to a refund of those contributions and the total refund amount for all 5 employees from the plan is approximately $11,000. The City Attorney stated there will be a minor actuarial impact and at its meeting of August 15, 2013, the General Employees Retirement Committee reviewed the proposed changes to the ordinance and recommended that staff move forward with this ordinance. Mr. Frankel moved to approve Ordinance No. 22 -13 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 0 vote. 12.F. ORDINANCE NO. 23 -13: Consider an amendment to Chapter 35, "Employee Policies and Benefits ", Section 35.105, "Administration by Retirement Committee ", Subsection (C), "Action by Committee ", Subsection (G) "[Actuary's Responsibilities] ", to allow the Retirement Committee to contract directly with the Actuary. If passed, a public hearing will be held on September 17, 2013. The caption of Ordinance No. 23 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS ", SECTION, "35.105, "ADMINISTRATION BY RETIREMENT 27 09/03/13 COMMITTEE ", SUBSECTION (C), "ACTION BY COMMITTEE ", SUBSECTION (G) "[ACTUARY'S RESPONSIBILITIES] ", TO ALLOW THE RETIREMENT COMMITTEE TO CONTRACT DIRECTLY WITH THE ACTUARY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 23 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated at the same meeting with General Employee's Pension Board, the Board was attempting to execute the contract with an actuary. However, the City Attorney stated the City's ordinance indicated that the City had to contract with the actuary. The City Attorney stated the retirement fund is paying for the actuary and this ordinance would clarify to give the Board the ability to treat actuaries as other professionals that they can contract with. Mr. Frankel moved to approve Ordinance No. 23 -13 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 0 vote. 12.G. ORDINANCE NO. 24 -13: Consider an amendment to Chapter 33, "Police and Fire - Rescue Departments ", Section 33.65, "Administration ", to clarify the membership of the board. If passed, a public hearing will be held on September 17, 2013. The caption of Ordinance No. 24 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33 "POLICE AND FIRE RESCUE DEPARTMENTS ", SECTION 33.65, "ADMINISTRATION"; TO CLARIFY THE MEMBERSHIP OF THE BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 24 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated this was prompted when Doug Smith, Assistant City Manager, left to take another j ob. The City Attorney stated at that point the way the ordinance read was for the membership of the Police and Fire Pension Board it would be the Mayor, Mayor's designee, or the Mayor could appoint the Assistant City Manager. The City Attorney stated the proposed change 28 09/03/13 would either be the Mayor or the Mayor can designate a person to fill that slot Mayor Glickstein stated he requested this change because Mr. Smith left which would give any Mayor the ability to sit on the board or to appoint anyone for any duration until either he decided to sit on the board or there was an election and a new mayor. Mrs. Gray asked how long this is for. The City Attorney stated if this is passed, the Mayor could designate someone to serve on the board and if the Mayor goes out of office whenever the new Mayor comes on board then they could either sit on the board, keep the same person, or designate another person. Or, the current Mayor could designate someone else a year into this and this person would have to either live in the city or own a business in the city. Mayor Glickstein stated he would support appointing someone with portfolio investment experience and financial accounting experience. Mr. Frankel asked if there are other boards that allow anyone to make unilateral appointments and stated there was a request from either the Police and Fire Chief or both that they wanted the ability to appoint someone to sit on their behalf and that was voted down. The City Attorney stated what the City passed was the Fire Chief or a Firefighter with minimum rank of Chief Officer designated by the Fire Chief but there was a restriction put on there that they had to have a minimum rank. The City Attorney stated the previous City Manager wanted the Fire Chief and Police Chief to sit on that board. Mr. Frankel stated he does not support unilateral appointments. Mayor Glickstein supports the Fire Chief and Police Chief being able to delegate that within their own departments and the Mayor's nomination going to the Commission. After brief discussion, it was the consensus of the Commission to direct staff to bring this item back on September 17, 2013 as a First Reading. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 12.A. City Manager The City Manager stated no comments or inquiries on non - agenda items. 12.B. City Attorney The City Attorney had no comments or inquiries on non - agenda items. 12.C. City Commission 12.C.1. Mr. Frankel 29 09/03/13 Mr. Frankel commented about the email and photograph regarding Spot Coffee and stated there are many who congregate and smoke. He stated he walks past this area every day and it is always a problem because they do not adhere to the sidewalk cafe ordinance and he was forced to walk in the street. Mr. Frankel asked the City Manager to look into this. Secondly, Mr. Frankel commented about the "Cone of Silence" and stated without Mayor Glickstein telling Mr. Boucher that he could not speak he would have not known this was in place. Mr. Frankel asked the City Attorney if there is something to protect the Commission. Mr. Frankel inquired about Mr. Cole's legal fees regarding Waste Management. The City Attorney stated for Waste Management for the litigation is approximately $8,000 plus $11,000 for the opinion so $19,000 through July. The City Attorney noted that staff has not yet received the August bill. 12.C.2. Mrs. Gray Mrs. Gray commented about Item 8.J. regarding the grant for Veterans Park Playground and the developer is supposed to donate money towards the playground and asked if the City has a commitment from them. Secondly, Mrs. Gray commented about the salaries for the Commission. She asked staff to do a comparison of Commission salaries with surrounding municipalities in Palm Beach County. 12.C.3. Mrs. Petrolia Mrs. Petrolia stated she is glad that the Commission is revisiting the Waste Management cost because it is important to rectify a problem that was done in the past. Secondly, Mrs. Petrolia commented about a letter the Commission received with regards to a company that was allegedly not notified to be able to put a bid in for the beach cabana contract. Mrs. Petrolia stated she had two conversations with the City Manager discussing how important it was to make sure that this RFP was extended out as broadly as we possibly could in order to be able to make sure that we get a great response for the beach cabana contract. She stated from the tone of the letter that is not what actually happened. Mrs. Petrolia stated she finds it disappointing after asking that the invitation be sent directly to some of these larger organizations that are on different beaches in order to be able to make sure the City did not lose the ability to be able to get as many people bidding as possible. Mrs. Petrolia stated she would like to know what can be done and feels it is early enough in the process that we can open up the door to see the true value of what the City's beaches are worth. Mrs. Gray asked if it is standard for the City to send out notices regarding RFP's. In response, the City Manager stated in general the City does not do that. He 30 09/03/13 stated there are about 25,000 vendors the City does business with. The City Manager stated and staff is going to look at the circumstances surrounding this particular bid procedure and see if there were some things that the City could have done differently. The City Manager stated he and the City Attorney had a preliminary discussion and will discuss it further tomorrow about what the City's options are relative to the issues raised. The City Manager stated part of the issue is process transparency to make sure that we have done everything reasonably to make sure that qualified bidders are included in the pool. 12.C.4. Mayor Glickstein Mayor Glickstein commented about the League of Cities email regarding a $100 million grants funding and asked staff to look into this. Secondly, Mayor Glickstein stated the City balanced the last two budgets taking several million dollars from reserves to do it. He stated the City is very plugged in credit ratings and how capital markets are dealing with this in the face of what happened in Detroit. Mayor Glickstein stated it has re- written a lot of rules on how these agencies are looking and they do not pay attention to the internal policies anymore. He stated it comes back to those covenants and ratios that they are looking at and a downgrade would be significant especially not only in light of the City's current debt but to the extent the City wants to raise for other capital improvements. Lastly, Mayor Glickstein stated the issue with DR Horton is troubling. There being no further business, Mayor Glickstein declared the meeting adjourned at 9:24 p.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on September 3, 2013, which Minutes were formally approved and adopted by the City Commission on 31 09/03/13 City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 32 09/03/13 SEPTEMBER 17, 2013 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, September 17, 2013. 1. Roll call showed: Present- Commissioner Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent - None Also present were - Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Kathleen Gannon with St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPROVAL OF MINUTES: Mr. Jacquet requested that Item 8.L, Contract Closeout /Great Lakes Dredge and Dock Company be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A. and Item 8.1, Service Authorization No. 12- 04.1 /Caulfield & Wheeler, Inc. be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.11.11. Mayor Glickstein moved to approve the Agenda as amended, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 5. PRESENTATIONS: A. None 09/17/13 At this point, the Commission moved to Comments and Inquiries on Agenda and Non - Agenda Items from the City Manager and the Public Immediately Following Presentations. 6.A. City Manager's response to prior public comments and inquiries. With regard to Mr. Warner's comment about the parking plan, the City Manager stated this will be discussed in October and staff has been trying to formulate a comprehensive approach to parking. With regard to Mr. Frankel's comments about the "Cone of Silence ", the City Manager stated this starts once a bid has been executed. Mr. Frankel stated the Commission is never notified and asked that staff notify the Commission when a bid opening occurs. With regard to Mrs. Gray's concern expressed about the grant for Veterans Park playground, the City Manager stated the City does not have an executed agreement with the developer yet so the City has received no donation at this point. The City Manager stated with regard to Mr. Frankel's concerns about Spot Coffee, the City has done some enforcement efforts and on Saturday the City's assigned Code Officer physically observed the on -site manager asking those individuals who were congregating there to move on. If the congregation continues, the City will require that the tables on the side of the street be removed. Mr. Frankel stated last week he was at Spot Coffee when the Code Officer approached the manager and a few of the tables were removed. With regard to Mayor Glickstein's comments regarding the League of Cities and the $100 million grants funding, the City Manager stated Nigel Roberts, Neighborhood Services Administrator /Community Improvement will continue to monitor that. 6.11. From the Public. 6.11.1. Jay Alperin, 3130 Lowson Boulevard, Delray Beach, FL 33445, read a brief statement into the record and expressed concern over the discord he has witnessed on the Commission over the last six months. He stated this evening the Commissioner is going to vote to exclude former Commissioners for two (2) years from an appointment to a City Board and feels a two -year exclusion is wrong since the same individual by Charter is allowed to run for the City Commission after only one year off the Commission or immediately for Mayor. Dr. Alperin expressed concern over the lack of civility at the City Commission meetings and he feels it is hurting the reputation of the city. 2 09/17/13 6.R 2. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, commented about Dr. Alperin's remarks and stated she has concerns regarding unethical behavior. She briefly spoke about the property (Item 9.A., Conditional Use Request for The Strand) on the Agenda. 6.B.3. Robert Ganger, Chairman of the Florida Coalition for Preservation located in Delray Beach, stated two weeks ago he suggested that a proposal for the Planning and Zoning Department (Item 9.F.) be discussed by the Commission and then tabled for further review. Mr. Ganger stated the proposal was never discussed. He stated staff is requesting an amendment limiting density to 30 units per acre in a narrow band of blocks surrounding Atlantic Avenue from 1st Avenue to the Intracoastal and the building heights would be calculated in stories and not feet. He stated the Coalition feels this is not a solution. Mr. Ganger urged the Commission to request a moratorium on all conditional uses until the comprehensive relook at the Downtown Master Plan and the City regulations is completed. 6.B.4. Steve Blum, 115 -C Venetian Drive, Delray Beach, FL 33483, read a brief statement into the record regarding the nine (9) suggestions on how to increase functionality and reduce the time spent on meetings. 6.B.5. Alphonso Mayfield, 2297 Saratoga Lane, West Palm Beach, FL 33409 (SEIU Representative), stated the SEIU bargaining unit employees have not received a raise since 2009. Mr. Mayfield urged the Commission to work together to build a better city. 6.B.6. Ann Stacey - Wright, 102 S.W. 13th Avenue, Delray Beach, FL 33444, Chairperson of the Southwest Neighborhood Alliance, President of Atlantic Park Gardens Neighborhood Association, Board Member of the Delray CDC, homeowner and lifetime resident, stated she is proud to be a resident of Delray Beach. Ms. Stacey - Wright briefly spoke about the blue collar City employees and the public relies on them for good quality public service. She urged the Commission to talk with the Florida Public Services Union and support the City employees. 6.B.7. Resident of Abbey Delray (corner of Lowson Boulevard and Congress Avenue ), stated Code Enforcement has a difficult time maintaining the structures of the fences and the areas around Congress Avenue and enforcing all the Codes with regard to the medians, signs, etc. She stated expressed concern over crime because of the laxity of the problems with Code Enforcement. She stated the appearance of Congress Avenue if you drive south on Congress Avenue into Boca Raton or north on Congress Avenue into Boynton there is a distinct difference in appearance and in the kinds of ways that they are maintained. She stated Marc Woods and Al Berg have been very helpful with their community and urged the Commission to try to change Code Enforcement so that they can enforce them in a timely way because the time spent now is excessive. 6.B.8. Robert A. Kick, 2815 Cormorant Road, Delray Beach, FL 333444, Delray resident for 27 years, representing 42 homeowners, stated weeds are growing 09/17/13 crazy at C -15 Canal and he has talked to the South Florida Water Management District who have indicated that the City needs a permanent structure (i.e. weed trap) at the end of the C -15 canal to let the weeds out. He expressed concern over the safety of children who play there. 6.B.9. Jim Boucher, Boucher Brothers Management, Inc., 1451 Ocean Drive #205, Miami Beach, FL 33139, commented about the RFP process stated at the last meeting after being selected first and being the highest bidder they were declared non- compliant because they bid in an LLC manner. Mr. Boucher stated he made two calls to the Purchasing Department and left is telephone number, email address, and his new office address that he has had for over two years and he did not receive any information about this bid nor did anyone in Dade County. He stated they have an RFP that they were not able to submit today because they were not able to be involved in the mandatory pre -bid conference and there was no notification of the pre -bid conference. Mr. Boucher requested that the City re -bid due to the irregularities. 6.B.10. Anthony Guy, 1220 N.W. 2"d Street, Delray Beach, FL volunteer coach for the Delray Rocks Program and City employee for 10 years, stated it is upsetting to him for the Commission to make decisions about their livelihood without knowing what is going one with the blue collar employees. Since 2009, Mr. Guy stated they have been struggling financially and expressed concern over the City going to Impasse so easily. He stated when the City is making decisions about the blue collar workers they need to also refer back to S.P.I.R.I.T. Program when making choices about their livelihood. Mr. Guy stated the blue collar workers are making sacrifices on a daily basis to work the events and make the City look good. 6.B.11. Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33445 (Bexley Park ), thanked this Commission and previous Commissions for everything they have done. Mr. Katz briefly spoke about Item 9.13. and he agrees that something should be done so that someone who goes from a Commission seat does not go to a seat that mirrors what the Commission already does (i.e. CRA). He stated if someone goes from a Commission seat to a Board such as the Education Board that does not control a financial stake in the City he feels that is different. Mr. Katz suggested that instead of an across the board moratorium that the Commission consider a compromise. Mr. Katz stated there are tons of people who want to serve on these boards and supports the moratorium. Secondly, Mr. Katz commented about Mr. Boucher's comments. 6.B.12. Amy Thor, 700 N. Audubon Boulevard, Delray Beach, FL 33444 (Bass Creek ), concurs with comments expressed by Mr. Kick regarding the C -15 canal. Ms. Thor urged the commission to make sure that the invasive non - indigenous species does not continue to do to the canal what it has been doing for years. Ms. Thor stated the City has allowed it in past years in this canal to become so thick and matted that it is able to actually root into the soil of the canal at the edges where it is very shallow. She stated City workers have come in and harvested it. She stated she has been led to believe that an agreement has been made in 1996 with Bass Creek and since that agreement a boom has been placed across the water on the north side of the Audubon Boulevard Bridge. 4 09/17/13 Ms. Thor expressed concern over the condition at the end of canal and urged the Commission that something be done. 6.B.13. Jocelyn Patrick, 211 N.W. 15th Avenue, Delray Beach, FL 333444, (resident of Delray Beach for 52 years), representing the Northwest Neighborhood Alliance, supports the Florida Public Service Union, its employees, and front line employees. She briefly spoke about the public service workers who are the backbone of the communities who keep us functioning on a daily basis. Ms. Patrick urged the Commission to negotiate a fair contract for the City of Delray Beach, the Florida Public Service Union members, and all front line workers. 6.B.14. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, commented about one of his previous jobs working with the Federal Reserve Bank in New York. Mr. Warner stated it is his understanding that City staff has vetted the bidding process and have concluded that everything was done properly. 6.B.15. Charles Peele, 710 N.W. 1s' Street, Delray Beach, FL 33444, (resident for 52 years and Delray Beach employee), urged the Commission to support giving a raise to City employees and asked them to put themselves in their shoes. 6.B.16. Robert Rickets, lives on the Hungerford Canal, stated he lives in the middle of the canal so it rarely fills up to the point that it gets to his house; however, at the end of the canal it is a sea of weeds and there is not a bit of water that you can see. Mr. Rickets concurred with comments expressed by Mr. Kick regarding the safety concerns for the children and it being a drowning hazard. Also, Mr. Rickets concurred with comments expressed by Ms. Thor about the mosquitoes. He stated when weeds become so matted that water cannot circulate it stagnates and it becomes a breeding ground for mosquitoes. In addition, he commented about the odor and the over fertilization causes the weeds to die and decay. Mr. Rickets stated with the St. Lucie waterway this is an opportunity for Delray Beach to participate in a regional initiative to try to address the real source of the problem which is over fertilization and improper fertilization by agricultural industries. Mr. Rickets stated he and others have offered to help the City in any way that he can. 6.B.17. James Sessa. 614 S.W. 2nd Avenue. Delrav Beach. FL 33444 (emUloved since 2010), stated he works hard and he has done many callouts to stop water from running for many people who wrote letters about how good he and others do their job. Mr. Sessa stated that he and his co- workers deserve a raise. 6.B.18. Johnny Thomas, General Maintenance Worker/Parks and Recreation employee, read a statement into the record regarding the workload and the raises. 6.B.19. Steven Sack, 4065 -A Village Drive, Delray Beach, FL 33445, employed with the City and resident for 18 years, stated the price of everything has gone up and urged the Commission to support a pay increase for the SEW employees. 5 09/17/13 6.B.20. Henry Henderson, Crew Leader, City of Delray Beach employee, stated his crew works as a team and they all work hard to make the city look beautiful for citizens and tourists. He urged the Commission to come to an agreement with the union and support an increase for the SEW employees. 6.B.21. Christina Churba (sp ?), 17 Willowbrook Lane, Delray Beach, FL 33446 (new resident in Villages of Oriole), urged the Commission to bring down the salaries of upper management and bring up the bottom in an effort to make everyone competitive. 6.B.22. Benita Goldstein, 302 N.E. 7th Avenue, Delray Beach, FL 33483, expressed concern over Item 9.F. on the Regular Agenda and suggested that the City take a holistic approach to look at the whole picture of the citywide LDRs. Ms. Goldstein stated this would mean scrutinizing all the buildings approved and in the pipeline, as well as the tremendous effects from the traffic to a traffic study, and a complete understanding of the impact on the neighboring communities. Ms. Goldstein stated there is overdevelopment and feels there should be a halt to all conditional uses immediately. She urged the Commission to not support this amendment. Secondly, Ms. Goldstein supports a two -year waiting period for Commissioners. Ms. Goldstein thanked the Commission for doing a great job. 6.B.23. Alan Schlossberg, 200 MacFarlane Drive #502, Delray Beach, FL 33483, echoed comments expressed by Ms. Goldstein and he briefly expressed concern regarding the overdevelopment and building that has been going on without a comprehensive plan that includes both traffic and an environmental impact. He expressed concern over the traffic and stated there will be gridlock along Atlantic Avenue and going over the bridge. Mr. Schlossberg urged the Commission to put a moratorium on all development and to not allow development that will jeopardize the health and safety of Delray residents. 6.B.24. Cvnthia Freeburn. 371 East Mallory Square Delrav Beach. FL 33483. echoed comments expressed by Ms. Churba and feels there needs to be a balance and stated although she has spoken to moderating raises in the city she too feels there should be a balance and supports increases for those employees who are below midpoint and freeze the salaries for those who are above that. Secondly, Ms. Freeburn expressed concern over the beach cabana contract and feels that someone in City Hall should have told Mr. Boucher the proper way to change his address. She feels that the City should consider Mr. Boucher's bid and be sure that the City is getting for its taxpayers the best deal on the beach. board. Lastly, Ms. Freeburn supports the two -year waiting period to serve on a 6 09/17/13 At this point, the time being 7:06 p.m., the City Attorney requested that the Commission make a motion to waive the rules to allow the public speaking to continue. Mr. Jacquet moved to approve to continue the public comment, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 6.B.25. Scott Porten, Executive Vice Chair of the Delray Beach Chamber of Commerce, urged the Commission to keep Item 8.K., Unique Opportunity Alternative Incentive Agreement/Levenger Company on the Consent Agenda and give Levenger's their incentives. 6.B.26. Rose Hendrix, urged the City Manager to support raises for the SEW employees. 6.B.27. Reggie Cox, 715 N.W. 2"d Street, Delray Beach, FL 33444, Chair of WARC and CRA Board member, speaking on behalf of his neighbors, applauded the Commission for allowing the public to speak. Mr. Cox stated he has always been an advocate of fairness for business owners, HOA's, and City workers (i.e. lowest paid). He encouraged the Commission to negotiate a fair contract with the Florida Public Service Union especially since the employees have not received a raise since 2009. 6.B.28. Chuck Ridley, 210 N.W. 2 "d Avenue, Delray Beach, FL 33444, urged the Commission to have a fair and open conversation with the SEW employees. 6.B.29. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, briefly spoke about the beach pavilion and the contract is awarded. She stated the timeline begins in November through February and noted the busy beach season starts Christmas Day and extends through late April. Ms. Morrison urged the Commission to direct the City Manager to look into changing the timeline or expedite the contract so that it is started now and completed by high season. She stated many businesses depend on high season for their livelihood. 6.B.30. Garrison Banks, 931 Palm Trail, Delray Beach, FL 33483, feels that the Commission should give raises to City employees. 6.B.31. Robin Bird. 1330 Cormorant Road. Delrav Beach. FL 33444. expressed concern over the Hungerford Canal and provided a handout to the Commission. He agrees with Ms. Thor that this should be looked at long term. Mr. Bird stated the City Engineer is looking into this issue and the canal needs a study done on an annual basis. 6.B.32. Ray Hernandez, 311 Oregon Lane, Boca Raton, FL 33487, lives at the entrance of the C -15 canal (The Hungerford), strongly opposed to the putting a 7 09/17/13 permanent barrier in the canal and distributed photos to the Commission of activities that go on there during a typical weekend. Mr. Hernandez stated the vegetation collects at the end of the canal and during the rainy season the vegetation comes in. He stated if a permanent barrier is put there it will create more problems and cause a safety issue because it will move the problem towards the opening; however, he feels the canal should be maintained by spraying it. 6.B.33. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), briefly spoke about the union negotiations and stated this is not about the pension. 6.B.34. Betty Goodman, 930 S.W. 11th Terrace, Delray Beach, FL 33444, stated she supports giving the employees raises because the cost of everything has gone up. 6.B.35. Judy Kraig, 306 N.E. 8th Avenue, Delray Beach, FL 33483, suggested that a moratorium be placed on all conditional use is put in place until a review of the LDRs is completed and the regulations revised. She read a brief statement into the record. 6.B.36. Haskell Davis, resident of Delray Beach for 48 years and now lives in Boynton Beach; City of Delray Beach employee for 10 years, stated they work hard and do their jobs. Mr. Davis encouraged the Commission to talk to the employees and he does not want to see jobs privatized. At this point, the time being 7:26 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 42 -13 (FINAL MILLAGE LEVY): A resolution levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2014. The caption of Resolution No. 42 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE 8 09/17/13 AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 42 -13 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated Resolution No. 42 -13 proposes an operating millage rate of 7.3546 which is greater by 7.36% than the rolled back millage rate of 6.8505. The City Manager stated with the help of Commissioner Petrolia he proposes an operating millage of 7.1611; debt service millage of 0.3453 for a total millage of 7.5064. Mr. Frankel thanked the City Manager and staff for diligent work on the budget. Mr. Frankel stated with this lower proposal it will accomplish employees getting raises. In addition, Mr. Frankel stated it was wonderful that taxpayers were able to get a lower tax rate and employees receive raises. Mrs. Gray thanked the City Manager for his work on the budget; however, she expressed concern over the CIP budget and that there is only $500,000 budgeted considering the condition of some of the buildings around the city that have no air conditioning, etc. She also expressed concern over the decorative sidewalks being installed in the business district and other areas of the city when she feels there is a great need for sidewalks in the northwest/southwest neighborhood. Mrs. Gray stated staff needs to look at bringing in new revenue and suggested that the City analyze the CRA distri ct. Mrs. Petrolia thanked the City Manager for his help with reducing the millage rate. She appreciates his hard work in getting the City to this point and she supports it. Mr. Jacquet thanked the City Manager and the Finance Director for their diligence with the budget process. In addition, Mr. Jacquet thanked Commissioner Petrolia for her assistance as well with the budget and for coming to a millage rate that is lower than last year. Mayor Glickstein stated he too supports the current millage levy and stated he encouraged the City Manager to think about what type of processes can be implemented shortly after the new year so that some of those different ways of looking at a budgeting process are incorporated at the front end as opposed to trying to address them on the back end. Mayor Glickstein declared the public hearing open. 9 09/17/13 Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), commented about the $2.5 million that a law firm offered to pay for the Arts Garage that the City rejected and stated this could have been in the City's cash operating budget. Joann Peart, 107 N.W. 9th Street, Delray Beach, FL 33444, stated through Citizen Observer Patrol and crime watch in her neighborhood she has worked with the Police Department for many years and noted their salaries are not competitive with the Sherriff s Department, etc. and we are in danger of losing police. She stated if you lose the police it takes more money to get new people and retrain them. Secondly, Mrs. Peart stated with regard to the budget Delray has cut for the last six years and feels the City needs to be careful. She supports the Police Department getting raises. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, briefly commented about the budget. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, applauds the final outcome of the budget and wholeheartedly supports the decision. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, stated there are thousands of properties off the tax roll and owned by the City. Also, Ms. Morrison stated all taxing authorities (i.e. City, CRA, DDA, and the DBMC) are all charging taxes and she feels this could be streamlined to help save those tax dollars. Ms. Morrison applauded Commissioner Petrolia for her efforts with the budget. There being no one else from the public who wished to address the Commission regarding Resolution No. 42 -13, the public hearing was closed. The City Attorney stated Resolution No. 42 -13 would be amended to reflect a 7.1611 operating millage rate which is a 4.53% increase above the rolled back rate of 6.8505 which equates to a total millage rate of 7.5064. Mr. Frankel moved to approve Resolution No. 42 -13 to reflect a 7.1611 operating millage rate which is a 4.53% increase above the rolled back rate of 6.8505 which equates to a total millage rate of 7.5064 as amended, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 10.B. RESOLUTION NO. 43 -13 (MILLAGE LEVY/DDA): A resolution levying a tax on all properties within the Downtown Development Authority Taxing 10 09/17/13 District of the City of Delray Beach for FY 2014. The caption of Resolution No. 43 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 43 -13 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated Resolution No. 43 -13 levies a tax on all properties within the Downtown Development Authority (DDA) Taxing District of the City of Delray Beach. The DDA millage rate for fiscal year 2014 is 1.0000 which is 4.66% above the rolled back rate of 0.9555. Mrs. Gray asked why the City did not go with the rollback rate. The City Manager stated the Commission does not have the discretion to lower the millage and only the DDA Board can reduce the millage rate to the rolled back rate. The City Attorney stated he has to look into this tentatively as to whether or not this Commission can lower the DDA millage if they so desire. Mr. Boyd stated it is his understanding that this has to be approved this evening and noted that in the financial statements it states that the DDA has the authority to lower the rate and according to the State this has to be approved this evening. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 42 -13, the public hearing was closed. After brief discussion, Mrs. Gray and Mr. Jacquet agreed to look into this for next year if it is going to create any uncertainty. Mr. Frankel moved to approve Resolution No. 43 -13 (Final Millage Levy for the DDA for fiscal year 2014), seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 11 09/17/13 10.C. RESOLUTION NO. 44 -13 (BUDGET ADOPTION FOR FY 2014): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2013 through September 30, 2014. The caption of Resolution No. 44 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1st DAY OF OCTOBER, 2013, TO THE 30th DAY OF SEPTEMBER, 2014; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 44 -13 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 44 -13, the public hearing was closed. Mrs. Petrolia inquired about the funding for the CIP. Randal Krejcarek, City Engineer, stated the Capital Fund is made up of multiple funding sources and clarified that Mrs. Petrolia is speaking about the General Fund source (334). Mr. Krej carek stated the revenue sources for that fund come from several different areas; the major source is from the CRA, a small source from grants, $500,000 transfer from the General Fund, and an anticipated surplus from the current year that will be rolled over into next year ($1.5 million). Mr. Frankel stated the Community Center really needs an upgrade because it is used by so many people on a daily basis including weekends. The City Manager stated it is not budgeted for the next fiscal year but it is on the radar. 12 09/17/13 Mayor Glickstein commented about the issue of auditing the public facilities to see where we are and stated regarding the spending policies of the Commission for the next fiscal year, it is going to be difficult if there is not a good understanding of what the Commission is looking at to bring up these facilities to where they should be. Mayor Glickstein stated he understands that certain things are not in this fiscal year's budget; however, the audit of the City facilities needs to happen before any coherent policy discussion on spending. The City Manager stated there was discussion regarding this in the Goal Setting session. Mayor Glickstein stated it is incumbent upon the City Manager to identify revenue sources beyond increased property taxes because the cost of doing business is going up. Mrs. Gray moved to approve the amended budget (Resolution No. 44 -13) to reflect the adopted millage rate of 7.5064, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 10.C.1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept the Planning and Zoning Board's finding that the proposed Five Year Capital Improvement Plan for FY 2013 -14 through FY 2017 -18 and FY 2014 Capital Improvement Budget are consistent with the Comprehensive Plan. Paul Dorling, AICP, Director of Planning and Zoning, stated this was reviewed by the Planning and Zoning Board and made a finding that is consistent with the Comprehensive Plan. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding the Five Year Capital Improvement Plan. Mrs. Gray commented about the sidewalks. Mr. Randal stated the sidewalks that the City does on an annual basis is through the CDBG grant money in the target area. Mr. Krejcarek stated this year the CRA has also put in an additional $50,000 for sidewalks within their district which expands that target area. He stated the City's goal is to at least put sidewalks on one side of the street and concentrate on blocks that are fully developed. Mrs. Gray expressed concerned that the lack of sidewalks is a safety issue especially in the Southwest neighborhood. Mayor Glickstein inquired about whether or not the City has an Atlas or map designating areas that sidewalks are needed where there is not contemplated infrastructure changes. Mr. Krej carek stated staff looks at the map and goes through a process on an annual basis. He stated this is the first year that the CRA has contributed additional dollars in the CIP for sidewalks. 13 09/17/13 Mrs. Gray stated she feels the City should be working with the CRA not the other way around. Mrs. Gray stated more and more people are walking and biking and noted she has expressed concern over the lack of sidewalks for several years especially in the Southwest section. Mr. Krej carek stated for the last 4 -5 years the sidewalk program was based on how much money the City receive from CDBG because it is 100% funded from a grant. Mr. Krejcarek stated there has not been General Fund money budgeted in the last few years and the City has solely fallen back on the grants as a source of funding. Mr. Jacquet commented about the alleys in the Osceola Park neighborhood. Mr. Krejcarek stated several years ago the Osceola Park neighborhood wanted improvements and the City put together a neighborhood improvement plan that included water main upgrades, drainage, traffic calming, sidewalks, and alley paving. He stated as part of the plan it was going to be funded one -third by the City, one -third by the CRA, and one -third was going to be assessed. Mr. Krejcarek stated the residents expressed concern that they did not want to pay the one - third. He stated since then the water main upgrades and the drainage improvements have been completed. Mr. Krejcarek stated the CRA has committed to pave three alleys and the construction contract has been awarded for the first three alleys and currently in design for the second three alleys (south of S.E. 4m Street) in Osceola Park and there is a separate project (S.E. 2nd Street) which includes two alleys. Mr. Frankel moved to approve the Five Year Capital Improvement Plan, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 19 -13: Consider a city- initiated amendment to the Land Development Regulations (LDR) Section 2.2.4, "Board of Adjustment ", Subsection B, "Composition ", to modify the board member requirements for the Board of Adjustment. The caption of Ordinance No. 19 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.2.4, "THE BOARD OF ADJUSTMENT ", SUBSECTION B, "COMPOSITION ", TO MODIFY THE BOARD MEMBER REQUIREMENTS FOR THE BOARD OF ADJUSTMENT, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 14 09/17/13 (The official copy of Ordinance No. 19 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a city - initiated amendment to the LDRs which requires three of the five members of the Board of Adjustment be picked from the six professional categories as listed in the agenda backup. At its meeting of August 19, 2013, the Planning and Zoning Department voted 6 to 1 (Durden dissenting) to recommend approval; at its meeting of September 3, 2013, the City Commission recommended approval. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 19 -13, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 19 -13 on Second and FINAL Reading, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 20 -13: Consider a city- initiated amendment to the Land Development Regulations (LDR), by amending Section 2.2.2, "The Planning and Zoning Board ", Subsection C, "Composition ", to modify the Board member requirements. The caption of Ordinance No. 20 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.2.2, "THE PLANNING AND ZONING BOARD ", SUBSECTION C, "COMPOSITION ", TO MODIFY THE BOARD MEMBER REQUIREMENTS FOR THE PLANNING AND ZONING BOARD, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 15 09/17/13 (The official copy of Ordinance No. 20 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a city - initiated amendment and originally this request came before the City Commission at first reading with a requirement for five (5) of the seven (7) members of the Planning and Zoning Board to be from the eight professional group categories as listed in the agenda backup. At its meeting of August 19, 2013, the Planning and Zoning Board reviewed the item at their August 19, 2013 meeting and voted 4 to 3 (Spodak, Lynch, and Shutt dissenting) to recommend approval of a modified version of the ordinance that would limit the two (2) at large positions to lay persons that are not filled with any of the above professional categories. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 20 -13, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 20 -13 on Second and FINAL Reading, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — No. Said motion was passed with a 4 to 1 vote, Commissioner Jacquet dissenting. 10.F. ORDINANCE NO. 21 -13: Consider a city- initiated amendment to Land Development Regulations (LDR), by amending Article 8.1, "The Community Redevelopment Agency ", Section 8.1.1, "Community Redevelopment Agency ", Subsection (B), "Members ", to provide that the appointments for Chair and Vice -Chair shall occur on an annual basis. The caption of Ordinance No. 21 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE 8.1, "THE COMMUNITY REDEVELOPMENT AGENCY, SECTION 8.1.1, "COMMUNITY REDEVELOPMENT AGENCY ", 16 09/17/13 SUBSECTION (B), "MEMBERS ", TO PROVIDE THAT THE APPOINTMENTS FOR CHAIR AND VICE -CHAIR SHALL OCCUR ON AN ANNUAL BASIS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a city - initiated amendment to require that the Chair and Vice Chair of the Community Redevelopment Agency (CRA) be appointed on an annual basis and it would allow someone to repeat in that position but they would have to be appointed on an annual basis. At its meeting of August 19, 2013, the Planning and Zoning Board considered this ordinance and voted 7 to 0 to recommend approval; at its meeting of September 3, 2013, the City Commission considered this ordinance and recommended approval on first reading. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 21 -13, the public hearing was closed. Mrs. Petrolia moved to adopt Ordinance No. 21 -13 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 22 -13: Consider an amendment to Chapter 35, "Employee Policies and Benefits ", Section 35.095, "Contributions of Participant and City ", Subsection (A), "Participant's Contribution Account ", to clarify when contributions shall cease. The caption of Ordinance No. 22 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS ", SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT AND CITY ", SUBSECTION (A), "PARTICIPANT'S CONTRIBUTION ACCOUNT ", TO CLARIFY WHEN CONTRIBUTIONS 17 09/17/13 SHALL CEASE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 22 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mr. David Boyd, Finance Director, stated this item is necessary because in the past up through September 1999 once a General Employee reached 30 years of service their contributions to the pension plan ceased. In September 1999, Mr. Boyd stated the City Commission at that time voted to cease General Employee contributions to the pension plan because the market had done so well it was no longer needed. He stated when the Commission eliminated the employee contributions to the plan they also eliminated this provision that stopped contributions after 30 years of service. In 2003, when the Commission reinstated the General Employee contributions to the plan they failed to include the 30 year ending provision. Therefore, Mr. Boyd stated there are five (5) employees and the total refund amount for all 5 employees is just under $11,000.00. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 22 -13, the public hearing was closed. Mr. Jacquet asked if the City's cost commented that this stops employee contribution at 30 years. Mr. Boyd stated there is a total contribution to the plan every year and it is made up of earnings on the plan, the portion that the City contributes to the plan, and also the portion that the employees contribute to the plan. He stated if the City passes this ordinance and the City starts picking that portion up it will be an extra $9,000 in 2014. Mr. Boyd stated in the Police and Fire Pension Plan the contributions stop after 25 years. The City Manager stated this deserves clarity and it was an unintentional omission. Mr. Boyd stated the reason 30 years was chosen is because that is the longest period of time you can earn towards the pension so it would be 30 years times the multiplier. He explained beyond 30 years an employee did not earn additional benefits so the multiplier stopped and the multiplier still stops at 30 years. Mr. Frankel agrees with the City Manager's recommendation and does not feel the City should get the money from the employees. Karen Schell, Pension Administrator, stated the total maximum amount the City would pay to the five (5) individuals is $11,000. 18 09/17/13 Mr. Frankel moved to adopt Ordinance No. 22 -13 on Second and FINAL Reading, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 10.H. ORDINANCE NO. 23 -13: Consider an amendment to Chapter 35, "Employee Policies and Benefits ", Section 35.105, "Administration by Retirement Committee ", Subsection (C), "Action by Committee ", Subsection (G) "[Actuary's Responsibilities] ", to allow the Retirement Committee to contract directly with the Actuary. The caption of Ordinance No. 23 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS ", SECTION, "35.105, "ADMINISTRATION BY RETIREMENT COMMITTEE ", SUBSECTION (C), "ACTION BY COMMITTEE ", SUBSECTION (G) "[ACTUARY'S RESPONSIBILITIES] ", TO ALLOW THE RETIREMENT COMMITTEE TO CONTRACT DIRECTLY WITH THE ACTUARY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 23 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated the Committee requested that this change be brought forth to allow them to contract directly with the Actuary. Mr. Jacquet asked why this was left out of the ordinance. The City Attorney stated in conversations with Mr. Linn, Pension Attorney, he did not have a reason why this ordinance was set up the way it was. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 23 -13, the public hearing was closed. 19 09/17/13 Mr. Frankel moved to approve Ordinance No. 23 -13, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — No; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 1 vote, Mr. Jacquet dissenting. 10.I. ORDINANCE NO. 25 -13: An ordinance amending Chapter 51, "Garbage and Trash ", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied ", to provide for increased residential and commercial collection service rates for FY 2014. The caption of Ordinance No. 25 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED ", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2014; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 25 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Lisa Hartman, Utilities Financial Manager, stated this ordinance amends the current residential and commercial garbage rates and incorporates an approximate increase of .86% for the CPI and a 0% increase for the fuel surcharge. Ms. Hartman stated this rate increase would go into effect October 1, 2013 and is in conjunction with the City's current Waste Management Contract. Mayor Glickstein declared the public hearing open. Philip Wotten, 707 S.E. 4th Avenue, Delray Beach, FL 33483 (homeowner since 1997), stated years ago the vegetation pickup was on Wednesdays and Saturdays and now the vegetation pickup is only on Saturdays. Mr. Wotten requested that the vegetation pickup be in the beginning of the week so that people who are off on the weekends (Saturday and Sunday) can put their vegetation out. Mrs. Petrolia inquired about the reserve accounts for the cart fee. The 20 09/17/13 City Manager stated there is $3.5 million in the Sanitation Fund. Mr. Boyd stated according to the audited financial statements at the end of fiscal year 2012 the Sanitation Fund has a $3.7 million unrestricted net assets and explained that he has no way of knowing what part of that is for the cart fee. Mrs. Petrolia stated not everyone pays for the cart fee and noted that is a specific item for one group. Mr. Boyd reiterated that in the financial statements it is presented as one number and there is nothing broken out as committed to cart fees. Mrs. Petrolia recommends that the City discontinue the cart fee of $.90 (per monthly charge) until such a time the City needs it for replacement carts. Lula Butler, Director of Community Improvement, stated the $.90 per resident was initiated in 1996 when the City decided to employ City initiated carts. At that time, the City Commission wanted to ensure that there was sufficient money to purchase all the carts that were necessary and to have a reserved account going forward. Mrs. Butler stated people do not pay for those carts and the City is advancing the monies upfront and when they need a replacement cart they are not charged. At that time, the Commission also decided that since the City outsourced the garbage to private industry that if the Commission ever wanted to go back and bring the garbage back in- house, they needed to have a reserve and noted it comes from different sources. Mrs. Gray stated she is okay with the $.90 monthly fee because she feels the City has to have a reserve especially with the hurricanes in Florida. Mrs. Butler stated prior to 1996 you paid $53.00 for the cart and if a resident needed a replacement cart a resident was charged $2.50 per month. She stated for anyone under AGAR which is the single family resident curbside (cart) services the cost is $10.80 per year. Mrs. Butler stated the garbage cans last approximately 5 -7 years. The City Manager stated staff will do more analysis regarding the cart fee before eliminating the fee at this point and staff will come back to the Commission with a recommendation. Mrs. Petrolia stated when this goes back to Commission she also suggested that the franchise fees are reviewed as well. Clifford Durden, 702 Chatelaine Boulevard East, Delray Beach, FL 33445, asked how often the contract is made with Waste Management. Mayor Glickstein stated the City is in the contract until 2021 with five (5) year renewals. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483,115 -C Venetian Drive, Delray Beach, FL 33483, strongly disagrees with the City charging a $.90 cart fee and in his opinion using it for something else such as debris removal in the event of a hurricane is being dishonest to the public. 21 09/17/13 There being no one else from the public who wished to address the Commission regarding Ordinance No. 25 -13, the public hearing was closed. Mrs. Petrolia moved to adopt Ordinance No. 25 -13 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet — No; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 1 vote, Mr. Jacquet dissenting. 7. AGENDA APPROVAL. Mr. Jacquet requested that Item 8.L, Contract Closeout /Great Lakes Dredge and Dock Company of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. and Item 9.J., Service Authorization No. 12- 04.1 /Caulfield & Wheeler, Inc. as Item 9.11.11. Mayor Glickstein moved to approve the Agenda as amended, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. REQUEST FOR A SIDEWALK DEFERRAL /101 SEABREEZE AVENUE: Approve an agreement to defer installing a sidewalk along Seabreeze Avenue for the property located at 101 Seabreeze Avenue. 8.11. REQUEST FOR A SIDEWALK DEFERRAL /110 SEABREEZE AVENUE: Approve an agreement to defer installing a sidewalk along Seabreeze Avenue for the property located at 110 Seabreeze Avenue. 8.C. REQUEST FOR A SIDEWALK DEFERRAL /622 SEASAGE DRIVE: Approve an agreement to defer installing a sidewalk along Seasage Drive for the property located at 622 Seasage Drive. 8.D. REQUEST FOR A SIDEWALK DEFERRAL/LUKE LANE LOT 2: Approve an agreement to defer installing a sidewalk in front of the property located at Luke Lane Lot 2 (1124 Luke Lane) within the North Beach Overlay District. 8.E. REQUEST FOR A SIDEWALK DEFERRAL /150 N.W. 15'rH STREET: Approve an agreement to defer installing a sidewalk for the property located at 150 N.W. 15th Street for a brobosed single familv residence. 8.F. REQUEST FOR A SIDEWALK DEFERRAL /211 N.W. 16TH STREET: Approve an agreement to defer installing a sidewalk in front of the property located at 211 N.W. 16th Street for a proposed single family residence. 22 09/17/13 8.G. HOLD HARMLESS AGREEMENT /620 NORTH OCEAN BOULEVARD: Approve a Hold Harmless Agreement with Rabih J. Boueri to install and construct utilities in the right -of -way of the State of Florida for the property located at 620 North Ocean Boulevard. 8.11. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL) /ROSSO SITE DEVELOPMENT, INC.: Approve Contract Closeout (C.O. No. I /Final) in the amount of $30,867.34 decrease and final payment in the amount of $7,206.86 to Rosso Site Development, Inc., for completion of the Block 19 & 20 Alley Improvements Project. Funding is available from 334 - 3162 -541 -68.56 (General Construction Fund: Other ImprovementBlock 19 & 20 Alley Improvements) and 448- 5461 -538 -68.56 (Storm Water Utility Fund: Other ImprovementBlock 19 & 20 Alley Improvement). 8_I. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8_J. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.11.11. 8.K UNIQUE OPPORTUNITY ALTERNATIVE INCENTIVE AGREEMENT /LEVENGER COMPANY: Approve a Unique Opportunity Alternative Incentive Agreement with Levenger Company, for the retention of corporate headquarters office with 49 existing jobs and 10 jobs to be created in Delray Beach office space on the Delray Beach Innovation Corridor, with a maximum three -year grant of $30,000.00. 8.L. RENEWAL OF INSURANCE POLICY/ FLORIDA MUNICIPAL INSURANCE TRUST (FMIT): Approve renewal of the City's insurance policy and payment of the premium to Florida Municipal Insurance Trust (FMIT) in the amount of $1,546,713.00 for liability insurance, property damage insurance and workers' compensation insurance. Funding is available from 551- 1575 -591 -45.11 (Insurance Fund: Insurance /General Liability Premium). 8.M. EXTENSION OF A MAINTENANCE AND SUPPORT AGREEMENT WITH MOTOROLA, INC.: Approve an extension to the Maintenance and Support Agreement between the City and Motorola, Inc. in the amount of $120,016.44 for maintenance and support for all of dispatch with the exception of the law enforcement officers' portable radios. Funding is available from 001 - 2111 -521 -46.20 (General Fund: Repair & Maintenance Services/Equipment Maintenance). 8.N. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA) /TENNIS CENTER SPONSORSHIP: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for the sponsorship of City tennis tournament, Delray Beach Open by the Venetian Las Vegas for FY 13 -14. 23 09/17/13 8.0. PROCLAMATIONS: 1. Attendance Awareness Month — September 2013 8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 2, 2013 through September 13, 2013. 8.Q. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Special Products Group (SPG) in the annual estimated amount of $64,350.00 for uniform procurement for Fire - Rescue Department personnel. Funding is available from 001- 2315 -526 -52.22 (General Fund: Operating Supplies/Uniforms/Linen Service), 001 - 2311 -522 -52.22 (General Funds: Operating Supplies/Uniforms/Linen Service) 001 -2313- 522 -52.22 (General Fund: Operating Supplies/Uniforms/Linen Service) and 001 - 2317 -522 -52.22 (General Fund: Operating Supplies/Uniforms/Linen Service). Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. CONTRACT CLOSEOUT /GREAT LAKES DREDGE AND DOCK COMPANY: Approve Contract Closeout in the amount of $789,933.70 decrease and final payment in the amount of $8,030,176.30 to Great Lakes Dredge and Dock Company, in association with the 2013 Beach Renourishment Project. Funding is reimbursable from Federal, State and County funding sources. Mr. Jacquet stated the beach is valuable and feels the City needs to maintain it. However, Mr. Jacquet asked if the City has looked into creative engineering or other options instead of bringing sand in and letting the storms take it and then bringing more sand. Mr. Dorling stated the City has not looked at alternatives and it has been determined in the past that the way it is done today is the most efficient way to protect the shoreline. Mr. Dorling stated with all of these projects there is a benefit cost ratio analysis that has to be done and the Federal and State does not cover that which is subject to appropriation. Mr. Jacquet requested that staff come back with a report as far as what is out there and what people are doing besides just bringing in sand. Mayor Glickstein stated this is not solvable by staff but it is an eastern and Gulf Seaboard issue that involves state and national agencies that have jurisdiction within the water in terms of alternative measures. 24 09/17/13 Mr. Jacquet clarified that he does not want staff to solve the problem but would like them to reach out to other areas to find out what is out there. Mayor Glickstein stated there is a coastal coalition (BPOA is a member) that runs through Palm Beach County and Martin County. Mayor Glickstein stated this is good discussion for a Workshop for both the Commission and the public. Mr. Jacquet moved to approve Item 9.A.A. (formerly Item 8.L), seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 9.11.11. SERVICE AUTHORIZATION NO. 12 -04.1/ CAULFIELD & WHEELER, INC.: Approve Service Authorization No. 12 -04.1 with Caulfield & Wheeler, Inc., for an additional amount of $7,515.00 for topographic route surveys for sidewalks at the South Swinton — S.W./S.E. 1st Street Signal Project. Funding is available from 334 - 3162 - 541.31 -30 (General Construction Fund: Professional Services /Engineering/Architectural). Mr. Jacquet asked for clarification on the actual location and streets. For clarification, Victor Majtenyi, Interim Environmental Services Director, stated this item adds S.W. 4m Street and South Swinton Avenue. Mr. Jacquet moved to approve Item 9.11.11. (formerly Item 8.1), seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. At this point, Mayor Glickstein stated a property his company formerly owned and sold several years ago is on the Agenda tonight. Therefore, Mayor Glickstein stated with regard to Item 9.A. & Item 9.A.1. Vice Mayor Jacquet will conduct that portion of the meeting and Mayor Glickstein stated he will be abstaining from discussion and voting. For the record, Mayor Glickstein stated neither he, nor any officer, director, or employee of his company had any prior or subsequent affiliation with the previous or current owners. 9.A. CONDITIONAL USE REQUEST/THE STRAND: Consider a conditional use request to allow residential density in excess of 30 dwelling units per acre (63 du /acre proposed) on property located on the north and south side of S.E. 1st Street, between S.E. 3rd Avenue and the FEC Railroad in the Central Business District (CBD), pursuant to Land Development Regulations (LDR) Section 4.4.13(D)(12), "Conditional Uses and Structures Allowed ", for The Strand, a proposed 198 -unit residential development. (Quasi- Judicial Hearing) Vice Mayor Jacquet read the City of Delray Beach Quasi - Judicial rules into the record for this item and all subsequent Quasi - Judicial items. 25 09/17/13 Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Vice Mayor Jacquet asked the Commission to disclose their ex parte communications. Mr. Frankel stated he met with the applicant, Mr. Jim Knight, received and responded to an email from Ms. Gail Lee McDermott, and received an email this afternoon from Mr. McMurrain who requested extra time. Mrs. Gray stated she heard from the applicant and Mr. Jim Knight. Mrs. Petrolia stated she spoke with the applicant, Mr. McMurrain, and received emails and believes one was from Gail Lee McDermott and another one from Mr. McMurrain. Vice Mayor Jacquet stated he had conversations with the applicant and the applicant's representative Mr. Jim Knight. Paul Dorling, AICP, Director of Planning and Zoning, stated the applicant requests to be awarded 15 minutes to present. Mr. Dorling stated if the applicant is awarded 15 minutes he too requests 15 minutes as well. It was the consensus of the Commission that both parties receive 15 minutes to present. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -183 into the record. Mr. Dorling stated this is a conditional use request to allow a residential density in excess of 30 dwelling units per acre (63 du /acre proposed) on property located on the north and south side of S.E. 1st Street, between S.E. 3rd Avenue and the FEC Railroad in the Central Business District (CBD). This development proposal consists of the construction of two buildings; a South Building with a four -story of residential units containing 155 units; and a North Building with three levels of residential units containing 43 units. Mr. Dorling stated each of these stories is on one level of parking. He stated there is also an amenity deck on the second floor of the larger building on the south and the fourth floor of the building for the north building. The unit mix includes 46 efficiencies, 99 one - bedroom units, 24 one - bedroom plus den units and 29 two - bedroom units. This proposal also includes a waiver to LDR Section 4.7.9(c)(i) which required that the total number of one - bedroom units in any qualifying project not exceed 30% of the total number of units in the project. The applicant proposes to provide 51% of the units in one - bedroom. Staff does not support the request as they feel the project is inconsistent with the Comprehensive Plan; in particular Land Use Elements Objective A -1, Land Use Element Policy C -3.2, Housing Element Policy B -2.2 and it does not meet the criteria set forth in LDR Section 2.4.5(E)(5) nor the required findings in LDR Section 4.4.13(1) (Performance Standards) nor some of the required findings in LDR Section 3.1.1. At the meeting of June 28, 2013, the Community Redevelopment Agency (CRA) reviewed this item and recommended approval; however, the CRA commented that the commercial uses should be included on the ground floor particularly in the north building given its proximity to Atlantic Avenue. At its meeting of July 8, 2013, the Downtown Development Authority (DDA) recommended approval but had a condition that the number of residential units be reduced so that the current parking shortage can be 26 09/17/13 eliminated. At its meeting of August 19, 2013, the Planning and Zoning Board recommended approval with a 6 to 1 vote. Since the Planning and Zoning Board meeting, the applicant has submitted revised plans to address staff's concerns which are outlined in Exhibit "A" in the agenda backup. Mr. Dorling stated staff believes that the required findings have not been met therefore staff recommends denial of the conditional use request. Gary Eliopoulos, Eliopoulos Architecture, 205 George Bush Boulevard, Delray Beach, FL 33444, gave a brief presentation regarding the proposed Strand project and noted that Tom McMurrain with Ocean Properties is the developer. Vice Mayor Jacquet state if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. Christina Morrison, 2809 Florida Boulevard, Delray Beach, FL 33483 (Commercial Realtor), worked on the original 5h Delray property which still has vacant commercial space where the traffic count is over 45,000 cars a day. She stated there will be no commercial space visible from Atlantic Avenue. She stated the only commercial space that will be left along 4m would be back at the intersection on 2nd Street. Ms. Morrison urged the Commission to support the waiver and this will be a gateway and for the Osceola Park neighborhood. Charlie Bonfield, 220 MacFarlane Drive, Delray Beach, FL 33483 (President of S.A.F.E.), stated this project is within walking distance of the downtown. Mr. Bonfield briefly explained the elements of the project that are going to be beneficial for Delray Beach. He urged the Commission to approve the conditional use request. Lisa Quillian, 925 S.E. 2nd Avenue, Delray Beach, FL 33483, stated this area has been left vacant and there has been crime because there has been no development. She stated the valets speed in this area and this is an issue. Ms. Quillian stated the applicant has offered to install speed humps. She stated the applicant will be putting in landscaping and they do not mind losing parking spaces because of that. She stated they will be adding a camera on the south side of the south building that will serve as their security camera and they have added a recording feature. Ms. Quillian stated 8 foot sidewalks are not needed unless there is a cafe there. Albert Jerome, 229 S.E. 2nd Avenue, Delray Beach, FL 33483 (owner of a grocery store on 2° Avenue), supports the project and distributed a petition to the Commission. Kevin Homer, 319 S.E. 3rd Avenue, Delray Beach, FL 33483, read a brief statement into the record and supports the project. He feels the project will help to alleviate some of the crime in the area. James Quillian, 925 S.E. 2nd Avenue, Delray Beach, FL 33483, feels the mix is great for this site and the project will help alleviate problems with crime because of 27 09/17/13 the lighting. Claudia Willis, 160 Marine Way, Delray Beach, FL 33483, stated staff pointed out that the project does not meet the requirements for the ratios for the one bedroom and efficiencies and she feels there is a reason that the City has the LDRs and percentages. Ms. Willis stated this is a project that she would support conditional use but suggested that 84% of the one - bedrooms and efficiencies be knocked down to make them closer to the ratios that way they meet the parking requirements and put in a little bit of retail. Bob Ganger, Chairman of the Florida Coalition for Preservation located in Delray Beach, supports the project and stated he would like to see some of this project be workforce housing. Mr. Ganger stated the Atlantic Crossing should be totally different from this project; owner occupied, Class "A" office, and should not be massive because it is right in the center of Delray. Jim Knight, 10 S.E.lst Avenue, Delray Beach, FL 33444, stated this will give an opportunity to those people who have retail off Atlantic Avenue for 20 or more years to be able to benefit from the growth. Mr. Knight stated this is an important connection from the Osceola Park neighborhood and urged the Commission to move this project forward. Joe White, 111 S.E. 1st, Delray Beach, FL, stated one of the ways to reward people who work for the city and the best way to do that is to raise the tax base. Mr. White stated he has walked the four blocks in the evening to see what the property is like at night and there is noise. He stated with regard to the mix of units, Mr. White stated this is a place for young single people for the most part if you are right on the railroad tracks. There being no one else from the public who wished to address the Commission regarding the conditional use request, Vice Mayor Jacquet declared the public hearing closed. Mr. Dorling stated staff does not believe this project meets the key required findings and therefore recommend denial of the conditional use request. He stated there is a comparison of a prior project that was approved onsite and while it may have the same one - bedroom mix it was about 70% of the current units and included a mixed -use component of about 21,000 square feet of retail, over 5,000 square feet of office, and a 3,000 square foot restaurant. Mr. Dorling stated density is not the main concern but it is the unit mix. Mr. Dorling stated if this project is approved he believes other developers with use this as a new standard and will expect similar approvals. Alan Ciklin, Attorney representing the applicant, stated in order to get a quality developer on the railroad tracks to do a quality project certain parameters have to be met; density is one and unit mix is another. Mr. Ciklin stated this project is going to attract young professionals and the developer wants and knows what it will take for this 28 09/17/13 project to succeed. He stated they meet the parking requirements, the transparency requirement is for commercial non - residential developments, and the one - bedroom mix should be left up to the developer and the project will be great and what everyone who spoke this evening wants. Mrs. Gray stated Worthing Place had an issue with the number of units and at that time the City wanted more families to live in the downtown and at that time the Commission approved more of the 2 and 3 bedrooms instead of the 1 and 2 bedrooms. Mrs. Gray stated she has attended many Chamber of Commerce Economic Development meetings where there are discussions about how they are going to attract more professionals to the core downtown. She stated part of that is creating high paying jobs and with the young professionals wanting to live, work, play and raise families (in some of the surrounding units) here. She commented about the Master Plan which had a marketing component to it which called for 3,000 rental units and for sale units so that the downtown could be sustainable and to date the City has reached approximately 900 units for sale and 270 units for rental and 875 that may be in the pipeline. Mrs. Gray stated once a study is done it should be implemented. She expressed concern over the parking and asked how the parking issue can be satisfied. Mr. Dorling stated the parking has not been satisfied as it relates to the LDRs; however, in the LDRs it allows you to provide traffic studies which would support a reduction in the parking demand. He stated the applicant has submitted documentation that would support the number of parking spaces that they are providing which is less than the LDRs require and pending the approval of that by SPRAB the applicant has not met the parking requirement of the LDR. Mrs. Gray inquired about the 8 foot sidewalk. Mr. Dorling stated it is required within proximity to Atlantic Avenue. The City has asked the developers to provide it and many of those have asked for similar relief, some have been granted and some have not. Mrs. Gray stated with regard to the commercial piece she does not support the retail space; however, she supports the window space. Mr. Frankel asked what the architect is doing proactively if this is approved to help address the concerns of the residents of Worthing Place that are upset with the noise from the downtown with the railroad and music at night. In response, Mr. Eliopoulos stated it will be in the construction plan and stated they will use insulated impact glass to help minimize the noise and he briefly explained the overall design. Mr. Frankel concurs with comments expressed by Mrs. Petrolia. Mrs. Petrolia stated she does not question the quality of the builder and the company, nor the need to build in this area or Mr. Eliopoulos' great presentation; however, Mrs. Petrolia stated there are too many things that do not meet the City's LDRs and does not feel that this is the right project for this area. Mrs. Petrolia stated she feels that something like this could be developed but to scale it back a few steps. Vice Mayor Jacquet stated he too shares the same concerns as Mrs. Petrolia. With regard to the unit mix, Vice Mayor Jacquet stated some families do use the two and three bedrooms but it is rare that you will find a family in a single bedroom. 29 09/17/13 He stated this property has been vacant for so long and it needs the development. Vice Mayor Jacquet stated the unique mix of one and two bedrooms does not fit in to what we have but because they are on the railroad tracks it makes a huge difference. Vice Mayor Jacquet stated even though he does not like the disproportionate number of single units but because of where it is situated he supports it. He stated he also likes the idea of the security camera on that street and feels this is a unique opportunity for that area. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to adopt the Board Order approving the conditional use request for The Strand subject to conditions, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mrs. Petrolia — No. Said motion passed with a 3 to 1 vote, Mrs. Petrolia dissenting. 9.A.1. WAIVER REQUEST/THE STRAND: Consider a waiver request to Land Development Regulations (LDR) Section 4.7.9(C)(i), to allow an increase in the percentage of one bedroom units over the maximum of 30% allowed (51% proposed) associated with The Strand, a 198 -unit residential development located on the west side of S.E. 3rd Avenue, between S.E. 1st Street and S.E. 2nd Street. (Quasi - Judicial Hearing) The Commission noted that their ex parte communications are the same as what they disclosed for Item 9.A.1. The City Attorney stated the waiver is to LDR Section 4.7.9(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. The waiver request is to allow the increase in the percentage of one bedroom units (including efficiencies) from the maximum allowed of 30% to the proposed 51% (100 one bedroom units of 198 total units). Mrs. Gray moved to adopt the Board Order approving the waiver request for The Strand, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mrs. Petrolia — No; Mr. Jacquet — Yes. Said motion passed with a 3 to 1 vote, Commissioner Petrolia dissenting. At this point, the time being 10:37 p.m., Mayor Glickstein returned to the dais and announced the Commission will take a two minute break. At this point, the time being 10:41 p.m., the Commission reconvened and moved to Item 9.11. 9.11. DISCUSSION REGARDING A TWO YEAR WAITING PERIOD FOR FORMER COMMISSIONERS BEFORE BEING ELIGIBLE FOR APPOINTMENT TO CITY BOARDS 30 09/17/13 The City Attorney recommends modifying the ordinance to provide for the two year waiting period. In addition, the City Attorney stated the City Clerk did a survey of other cities in Palm Beach County are doing. Chevelle D. Nubin, MMC, City Clerk, stated ten cities replied and the Village of Palm Springs has something in their Charter that has a one -year waiting period for their elected officials once they are done with office. Mr. Jacquet stated he supports the one -year waiting period. Mrs. Petrolia states she too supports the one -year waiting period. Mrs. Gray stated she does not support any waiting period. Mr. Frankel commented about why Palm Beach County created this rule. Mr. Frankel stated he believes this is politically motivated and he does not support any waiting period. Mayor Glickstein stated it is not good practice to have elected officials roll off of a City Commission onto an advisory board because there is a perception of influence. Mayor Glickstein stated there needs to be a period when someone comes off the dais until they serve on an advisory board and he supports the one -year waiting period. Mayor Glickstein stated he does not believe this is politically motivated but cares about the ethics that Delray Beach is projecting. After brief discussion, it was the consensus of the Commission to direct the City Attorney to bring an ordinance back for the one (1) year waiting period for all advisory boards made by appointments by this Commission. 9.C. RESOLUTION NO. 41 -13: Consider approval of Resolution No. 41 -13; adopt a policy governing the reasonable opportunity to be heard on a proposition before the City Commission or any City Board or Committee, in accordance with Florida Statutes Section 286.0114. office.) The caption of Resolution No. 41 -13 is as follows: A RESOLUTION OF THE CITY OF DELRAY BEACH, ADOPTING A POLICY GOVERNING THE REASONABLE OPPORTUNITY TO BE HEARD ON A PROPOSITION BEFORE THE CITY COMMISSION OR ANY CITY BOARD OR COMMITTEE, IN ACCORDANCE WITH SECTION 286.0114, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 41 -13 is on file in the City Clerk's 31 09/17/13 The City Attorney stated this resolution adopts the portion of the State Statute that states the City is going to provide reasonable opportunities for people to speak and will allow the City to provide rules to other boards that will ensure them to allow the public has the right to speak as well. Mr. Frankel moved to approve Resolution No. 41 -13, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. For clarification, the City Attorney stated if the City were to amend some of the rules then this would come back to the Commission for approval. At this point, the time being 11:00 p.m., the Commission moved back to Item 9.D. of the Regular Agenda. 9.D. AMENDMENT TO THE CONTRACT SERVICE ARRANGEMENT AGREEMENT (CSA) /AT &T FLORIDA: Approve an amendment to extend the current Contract Service Arrangement (CSA) agreement with AT &T Florida at a cost of $110,754.72 annually for Centrex Service Business lines, one (1) MegaLink Circuit and three (3) Primary Rate Integrated Digital Service Network (ISDN's). Funding is available from various departments. Robert A. Barcinski, Assistant City Manager, stated staff is requesting for the Commission to approve an amendment to extend the current service arrangement for three (3) years and that provides Centrex Service Business lines, one (1) MegaLink Circuit and three (3) Primary Rate Integrated Digital Service Network (ISDN's) for a cost of $110,754.72 annually. This service provides for 797 telecommunications lines for 38 locations throughout the City including the Delray Beach Center for the Arts. Mr. Barcinski stated staff has looked at what the State contract would cost the City for the same coverage and it would be $32,000 a year more than what the City is now paying. Staff recommends approval of the extension for three (3) years. Mr. Frankel moved to approve the amendment to the Contract Service Arrangement Agreement with AT &T Florida at a cost of $110,754.72 annually, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. Mrs. Petrolia moved to approve to extend the meeting past 11:00 p.m., seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — No; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 1 vote, Mr. Frankel dissenting. 32 09/17/13 9.E. INITIATION OF AMENDMENT TO LAND DEVELOPMENT REGULATIONS/PINEAPPLE GROVE WAY: Consider approval to initiate an amendment to the Land Development Regulations (LDR) Section 4.4.13(H)(1), "Special Regulations ", prohibiting ground floor office uses for specific areas along Pineapple Grove Way. Paul Dorling, AICP, Director of Planning and Zoning, stated this was a request from the Pineapple Grove Arts District Board of Directors to have the City Commission initiate an LDR change that would restrict office uses on the ground floor of structures in certain sections along Pineapple Grove Way (a /k/a N.E. 2nd Avenue). Mr. Dorling stated for the first two blocks the request would not allow office uses on the ground floor; the third block (between 2nd and 3rd) would allow up to 30% of the uses in office. He stated this is similar to restrictions that now exist on Atlantic Avenue and staff recommends initiation at this time. Mr. Dorling stated if the Commission decides to initiate it then it would have to go before the Pineapple Main Street Committee, the Downtown Development Authority (DDA), the Community Redevelopment Agency (CRA), to the Planning and Zoning Board for recommendations and then return to the City Commission for final action. Mrs. Petrolia asked how many offices are there on the ground floor and what happens to them. Mr. Dorling stated they would be considered non - conforming and they would be grandfathered in. Mr. Dorling stated once that tenant left then it would have to meet code and it would not be allowed. He stated there is an exception that is being proposed if there is a certain distance from the street. Mr. Frankel stated he is against the proposal. Mrs. Gray stated she would like to wait until the CRA completes the study with Treasure Coast Regional Planning Council. She stated she would like to carve out the first block up to N.E. 1st Mr. Dorling clarified that this would just be fronting on 2nd and this does not include the Chamber piece. Also, Mr. Dorling stated the study that Treasure Coast would be doing would not be addressing this particular issue. Mr. Dorling stated the Arts garage has the entire ground floor including the corner that wraps around onto 2nd and noted where the puppetry display is located would be affected. Mr. Dorling reiterated that if the piece the Chamber has goes all the way to the end and has windows on 2nd (Pineapple Grove Way) then it would be affected. Mrs. Gray expressed concern about carving out the Arts Garage space because it fronts N.E. 1st and 2"d. Mr. Dorling stated this would be impacted by this ordinance. Mayor Glickstein stated the concept has always been to extend the pedestrian experience from Atlantic Avenue as far into Pineapple Grove as possible. 33 09/17/13 After brief discussion, it was the consensus of the Commission on the draft of this ordinance being the only exception being a curve out of what is now the Arts Garage and Puppetry Center space along 2nd that might tie -in with a sunset date depending on if that transaction closes. Mrs. Gray moved to approve the initiation of Item 9.E. and provide for a sunset provision on the N.E. corner of 2nd and 1st that is encompassed by the Old School Square Parking Garage, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — No; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia - Yes. Said motion passed with a 4 to 1 vote, Mr. Frankel dissenting. 9.F. INITIATION TO AMENDMENT TO LAND DEVELOPMENT REGULATIONS (LDR) /CENTRAL BUSINESS DISTRICT (CBD)/DENSITY HEIGHT: Consider approval to initiate amendments to the Land Development Regulations (LDR) Sections 4.4.13, "Central Business District ", and 4.3.4, "Base District Development Standards" which modify the areas where conditional use approval for increased height and density can be requested. Further, the modifications will provide clarification with respect to maximum stories that can be achieved within the respective 48' and 60' height maximums. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a request for the City Commission to initiate an amendment to LDR Section 4.4.13 and 4.3.4 to modify the areas where conditional use approval for increased height and density can be requested. The modifications will provide clarification with respect to maximum stories that can be achieved within the respective 48' and 60' height maximums. Mr. Dorling displayed the current area that is now allowed to seek conditional use density above 30 units per acre in the downtown core (two blocks north and two blocks south of Atlantic Avenue). The request would be to eliminate that option and restrict it to a maximum of 30 units per acre. Mr. Dorling stated this is one of the changes that came out of meetings with the City Commission based upon addressing their concerns with the knowledge that staff could revisit this as part of the larger amendments that are being done with the LDRs; however, this could take 1 -1' /z years to complete. Mrs. Petrolia stated the density is too restrictive; however, she is okay with the height. Mr. Dorling stated the conditional use would be removed in that two block area with the thought that the longer modifications staff may scale it back and reinstitute it in areas that may be more appropriate like the railroad tracks. Mr. Dorling stated part of this is also removing the ability to get increased density over 30 units an acre in the two block area north and south of Atlantic Avenue. Mrs. Gray stated she too feels this is too restrictive and is not in favor of it. Mr. Frankel stated he concurs with comments expressed by Commissioner Gray and he does not support this. 34 09/17/13 Mr. Jacquet stated he too feels it is too restrictive and noted this can be revisited once the study is done. He asked why the boundaries do not go to Swinton Avenue with regard to the density. Mr. Dorling stated this is the currently allowed area that you can seek additional units per area and it does not apply to outside the area. Mr. Dorling stated that study will not be complete for approximately 1 -1' /z years so if there is an immediate concern then the City can do something short-term and then revisit long- term. Mayor Glickstein stated a conditional use is not an entitlement or rights but it is granted on a property -by- property basis. He read a brief statement into the record. Mr. Jacquet moved to table Item 9.F., seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — No; Mayor Glickstein — No; Mrs. Petrolia — No; Mr. Jacquet — No. Said motion was DENIED with a 4 to 1 vote, Mr. Frankel dissenting. Mrs. Petrolia moved to approve to initiate this as presented, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Gray — No; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — No. Said motion passed with a 3 to 2 vote, Mrs. Gray and Mr. Frankel dissenting. Mrs. Petrolia moved to extend the Commission meeting past 12 midnight. The motion failed due to a lack of a second. The City Attorney stated Commissioner Jacquet's appointment to the Site Plan Review and Appearance Board is on the agenda and because his appointee resigned the last time, Mr. Jacquet has two meetings in order to make that appointment again. If Mr. Jacquet does not make that appointment at this meeting, he would lose that appointment unless the Commission chooses to waive that. It was the consensus of the Commission to waive that. At this point, it was the consensus of the meeting to postpone all board appointments and first reading to the regular meeting of October 1, 2013. 9.G. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment to serve a two (2) year term ending August 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). This item has been postponed to the next regular meeting of October 1, 2013. 9.11. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint one (1) regular member to serve a two (2) year term ending August 31, 2015 to the Historic Preservation Board. Based upon the rotation system, the appointment will 35 09/17/13 be made by Commissioner Jacquet (Seat #2). This item has been postponed to the next regular meeting of October 1, 2013. 9.I. APPOINTMENT TO THE PLANNING & ZONING BOARD: Appoint one (1) regular member to the Planning & Zoning Board to serve a two (2) year term ending August 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). This item has been postponed to the next regular meeting of October 1, 2013. 9.J. APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE BOARD: Appoint one (1) regular member to serve a two (2) year term ending August 31, 2015 to the Site Plan Review & Appearance Board. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). This item has been postponed to the next regular meeting of October 1, 2013. 9.K APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the serve an unexpired term ending July 31, 2015 to the Education Board. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). 2013. 11. This item has been postponed to the next regular meeting of October 1, At this point, the Commission moved to Item 11, First Readings. FIRST READINGS: 1LA. ORDINANCE NO. 24 -13: Consider an amendment to Chapter 33, "Police and Fire - Rescue Departments ", Section 33.65, "Administration ", to clarify the membership of the board. If passed, a public hearing will be held on October 1, 2013. The caption of Ordinance No. 24 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33 "POLICE AND FIRE RESCUE DEPARTMENTS ", SECTION 33.65, "ADMINISTRATION"; TO CLARIFY THE MEMBERSHIP OF THE BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 36 09/17/13 (The official copy of Ordinance No. 24 -13 is on file in the City Clerk's office.) This item has been postponed to the next regular meeting of October 1, 2013. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 12.A. City Manager The City Manager had no comments or inquiries on non - agenda items. 12.B. City Attorney The City Attorney had no comments or inquiries on non - agenda items. 12.C. City Commission 12.C.1. Mr. Jacquet Mr. Jacquet had no comments or inquiries on non - agenda items. 12.C.2. Mrs. Gray Mrs. Gray had no comments or inquiries on non - agenda items. 12.C.3. Mrs. Petrolia Mrs. Petrolia had no comments or inquiries on non - agenda items. 12.C.4. Mr. Frankel Mr. Frankel had no comments or inquiries on non - agenda items. 12.C.5. Mayor Glickstein Mayor Glickstein had no comments or inquiries on non - agenda items. There being no further business, Mayor Glickstein declared the meeting adjourned at 12:02 a.m. City Clerk 37 09/17/13 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on September 17, 2013, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 38 09/17/13 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE MODIFICATION REQUEST FOR THE STRAND 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 63 dwelling units per acre for The Strand development has come before the City Commission on September 17, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for The Strand development. 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 density, 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 City Commission Meeting on Septmeber 17, 2013; Item 9.A. 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. Concurrent : 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 F City Commission Meeting on Septmeber 17, 2013; Item 9.A. 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: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes ✓ No b. Increase in Density. Pursuant to LDR Section 4.4.13(I), 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 'Che 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: (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. 3 City Commission Meeting on Septmeber 17, 2013; Item 9.A. (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 -ievel 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 /S6: 5th Avenue, ASE lot Street or SE lst 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 4 City Commission Meeting on Septmeber 17, 2013; Item 9.A. 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 terein. 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 17th day of September, 2013, by a vote of _3 _ in favor of approval and 1 opposed Cary lickstein, Mayor ATT - .•Chevelle Nubin City Clerk 5 City Commission Meeting on Septmeber 17, 2013; Item 9.A. EXHIBIT A TO THE CONDITIONAL USE MODIFICATION REQUEST FOR THE STRAND 1. That the applicant submit an application for Class V Site Plan Approval which at a minimum addresses the following issues identified in this staff report: a. A contribution of approximately one -half the cost of a bus shelter must be paid prior to certification of the site plan for the development. b. That at least twenty -one (2)1 workforce housing units must be clearly depicted within the building floor plan levels (with a clouded note to this effect to be included on the floor plans). c. That at least fifty percent (50 %) of the surface area of the frontage facing SE 1st Street wall(s) at the ground floor of the North Building needs to be devoted to display windows. d. That corner clips measuring twenty feet by twenty feet (20' by 20') be dedicated (as part of the required plat for the proposed development) for the northwest intersection of SE 1st Street and SE 3rd Avenue, and also for the southwest and northwest intersection of SE 2nd Street and SE 3rd Avenue. These dedications have already been depicted on the site plan. e. That 2' -6" of right -of -way be dedicated (as parts of the required plat for the proposed development) for both sides of SE 1st Street. Also, a five foot (5') right -of -way shall be dedicated (as part of the required plat for the proposed development) along SE 3rd Avenue from SE 1st Street to the north limit of the north parcel. Both of these dedications have already been depicted on the site plan. f. A plat must be processed and recorded prior to issuance of a building permit. g. That the developer needs to get Lead Certification or Green Building Council Certification for the proposed project. h. That the Strand project be redesigned to include no more than fifty -one percent (51 %) one bedroom units or less (excluding efficiencies) over the total number of units provided. i. That the applicant agrees to work in coordination with the "SAFE" organization to the greatest extent possible, in order to identify those Transportation Demand Management initiatives that have been agreed upon with that organization. City Commission Meeting on Septmeber 17, 2013; Item 9.A. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR THE STRAND ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver request regarding The Strand has come before the City Commission on September 17, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for The Strand. 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 4.7.9(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. The waiver request is to allow the increase in the percentage of one bedroom units (including efficiencies) from the maximum allowed of 30% to the proposed 51% (100 one bedroom units of 198 total units). Should the waiver to Section 4.7.9(1) to allow an increase in the percentage of one bedroom units (excluding efficiencies) from the maximum allowed of 30% to the proposed 51% 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 City Commission Meeting on September 17, 2013; Item 9.A.1 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 requests and plat approval and hereby adopts this Order this 17th day of September, 2013, by a vote of 3 i . v 1 opposed. ATTEST: aN4D. Glickstein, Mayor o�^ { }t, .i'7Chevelle iNubin, City Clerk 2 City Commission Meeting on September 17, 2013; Item 9.A.1 Exhibit A PLAT FINDINGS Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. 1. Section 3.1.1 (A) - Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. Thy subject property has a Future Land Use Map Designation of LD (Low Density, 0 -5 dwelling units per acre) and a zoning designation of R -1 -A (Single Family Residential) Zoning District, which are consistent with one another. Within the R -1 -A zoning district, conventionally sited single - family detached residences are allowed as a permitted use. 2. Section 3.1.1 M — Concurren : Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B -2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Since the replat will result in the same number of single- family lots, a coticurrency review is not necessary. No internal street system is proposed with this development, as direct access is available from the surrounding roadways. A $500 park impact fee will be required for each new unit at issuance of a building permit. 3. Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and /or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. Section 3.2.1 Basis for Determining Consistency: The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adoptod Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.3 Standards for Site Plan and /or Plat Actions: (A) Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Meets intent of standard 3 City Commission Meeting on September 17, 2013; Item 9.A.1 (B) Separation of different forms of transportation shall be encouraged. This includus pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D -1 and D -2 of the Transportation Element. Not Applicable (C) Open space enhancements as described in policies found under Objective B -1, of the Open Space and Recreation Element are appropriately addressed. Not applicable (D) The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable (E) Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Meets intent of standard (F) Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Meets intent of standard (G) Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Rousing Element. Meets intent of standard (H) 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. Meets intent of standard (I) Development shall not be approved if traffic associated with such development would create a new high accident location,_ or exacerbate an existing situation causing it to become: a high accident location, without such development taking actions to remedy the accident situation. Meets intent of standard (J) Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range; of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable Comprehensive Plan Policies: a. Future Laud 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. 4 City Commission Meeting on September 17, 2013; Item 9.A.1 There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The development of the subject property is proposed in a manner appropriate and complementary to the adjacent single- family residential development throughout the neighborhood. 4. Section 3.1.1 (D) - Compliance with the Land Development Regulations: LDR Section 5.1.3(A) (Plat Required): A plat is required for the subdivision of any lot, tract or parcel of land, unless it qualifies for a plat exemption pursuant the LDR Section 5.1.4. This replat does not qualify for a plat exemption, since the proposed lots will be nonconforming. LDR Section 5.11(RiOt -of -Way Dedication): Per LDR Section 5.3.1(A), streets, public or private, shall be shown on all subdivision plats as tracts dedicated for such purposes. An additional 5' of right-of-way is being dedicated for NE 2nd Avenue on the plat. LDR Section 4.3.4(K) (Development Standards Matrix): A waiver to lot frontage, width, depth, and size requirements, pursuant to Section 4.3.1(D), is required. 4 City Commission Meeting on September 17, 2013; Item 9.A.1 i FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, ACID OTHER LOCAL PUBLIC OFFICERS EAST NAME —FIRST NAME -- MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE Glickstein, Cary D. Delray Beach City Commission MAfUNG.ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 11 18 Waterway Lane, Delray Beath, FL 33483 WHICH I SERVE 15 A UNrr OF; 0crry []COUNTY []OTHER LOCAL AGENCY CITY COUNTY Dell-ay Beach Palm Beach . - NAME or POLITICAL SUBDIV €SIGN: : City & Dalray Beach _ ... ... .. ....... .. DATE ON WHICH VOTE OCCURRED MY POSITION rS 91141IW13 Il ELECTIVE APPOINTIVE WHO MUST FILE FORM $13 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Sectlen 112.3" €43, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending . orimhather you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing:the reverse side and filing the form, INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143', FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office: MUST ABSTAIN from.vrting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited frorn.knovingiy voting on a, mea:- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she:ls retained Cinciuding the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special: private gain or loss of a relative; or to the speefal private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec 163,35:8 or 163.357, F.S:, and officers of independent speciai tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a 'relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law; and daughter -in -law. A °business associate' means any person or entity engaged in or carrying: on a business enterprise with the officer as a partner, joint venturer, coowner of property., or corporate shareholder (where the shares of the corporation ere not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abs Wa ning from voting In the situations. descdbed above, you must disclose the con iiict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature Of 'your interest in the;. measure on Nch you are abstaining from voting; and WITHIN 15 DAYS AFTER THE MOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, Who should incorporate the:form in the minutes, APPOINTED OFFICERS. Although you must abstain from voting in the situations described. above you. etherwlse may participate in these matters. However, you must disclose the nature of the conflict before makitng:any attempt to;influence tile; decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO. INFLUENCE THE-DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You roust complete and file this form (before maidng any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the farm In the minutes, (Continued on other side) Item 9.A and Item 9.A_1 — 9/17/2013 City Commission Meeting APPOINTED OFFICERS (continued) • A copy of the farm must be provided immediately to the other members of the agency, • The form must be read publicly at the next meeting after the form is flied. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it Mthin 15 days after the vote occurs with the person responsible for recording the minutes cf the meeting, who must incorporate the form in the minutes. A copy of the faun must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form Is filed. DISCLOSURE OF LOCAL OFFICERS INTEREST l Ca D. Gllckstein September 17 13 �` ,hereby disclose that can 20 (a) A measure came orwiit come before my agency which (check one) ® inured to my spedal private gain or loss, inured to the special gain or lass of my business associate, — - inured to the speciai gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Several years ago, ley company sold the land that is the subject matter of this agenda item to an unrelated buyer, Neither I door any officer or director of my company had any prior, continuing or subsequent affiliation with that buyer. With that being said, I am concerned that there may be a perceived conflict of interest and for :that reason .1. abstain from voting. c7lzo I-T ........._..... Date Fiied Signatu NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FCRM SB- EFF. 1/2000 PAGE 2 OCTOBER 1, 2013 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, October 1, 2013. 1. Roll call showed: Present- Commissioner Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent - None Also present were - Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Paula Hayward. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mrs. Gray moved to approve the Minutes of the Regular Meeting of August 6, 2013, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. Mrs. Petrolia moved to approve the Minutes of the Workshop Meeting of August 13, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. Mrs. Petrolia moved to approve the Minutes of the Regular Meeting of August 20, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 5. PRESENTATIONS: 5.A. LM.P.A.C.T. (Individual, Mentorin2, Program and Collaborative Team) Delray Graduation Presentation 10/01/13 Dot Bast, Training and Development Manager, introduced the second graduating class of LM.P.A.C.T. Delray. Ms. Bast stated there are three primary goals with LM.P.A.C.T. Delray: (1) Leadership, Managerial companies, (2) Establish individual mentoring relationships with Department Heads, and (3) Create a collaboration team that identifies a real need within the city and the opportunity for them to formulate a solution. Ms. Bast introduced Rick Caldwell, President/CEO RCultures, Inc. and stated the City has worked with Mr. Caldwell since 2006 to provide cultural competency training. Mr. Caldwell stated it was an honor to take on this challenge a year ago. Mr. Caldwell briefly discussed succession plan. proj ect. Mr. Caldwell introduced this year's team and they gave a synopsis of their Danise Cleckley, Community Improvement Maudeline JeanClaude, Fire - Rescue Department Jennifer Reynolds, Information Technology Division/Finance Department John Ryalls, Water Treatment Plant/Environmental Services Department Kevin Rumell, Fleet Maintenance/Environmental Service Department Senovain Stephens, Parks & Recreation Department Rachel VanNess, Police Department At this point, the Commission moved to Comments and Inquiries on Agenda and Non - Agenda Items from the City Manager and the Public Immediately Following Presentations. 6.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. 6.11. From the Public. 6.11.1. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, thanked the City Commission for their hard work on the budget but encouraged them to look to the Community Redevelopment Agency (CRA) for additional revenue. Mr. Warner stated at the July 13, 2013 Commission meeting Commissioner Gray suggested the possibility of shrinking the CRA boundaries. He strongly opposes the CRA district extending eastward across the Intracoastal to the beach and urged the Commission to ask the CRA to justify their existing boundaries. 6.11.2. James Quillian, 925 S.E. 2"d Avenue, Delray Beach, FL 33483 (President of Osceola Park Neighborhood), stated several months ago he attended a CRA meeting and found out that an alley between S.E. 2nd Avenue and S.E. 3rd Avenue, 2 10/01/13 2nd Street and 3rd Street business section was going to be paved. At that meeting, Mr. Quillian stated they indicated that the alley was going to be paved from the south to the north but it could not go all the way so they were going to turn a commercial alley and turn it into a residential neighborhood. He stated there is an easement towards the neighborhood and an easement to the west which is closer and part of the commercial business district with the railroad track on the other side. Mr. Quillian expressed concern that this is being sent towards the residential neighborhood and not towards the commercial. He stated 15 minutes ago he just found out that they are going to put a "T" at the end of the alley and send it east and west. Mr. Quillian stated once the "T" is put there then all the vagrants and crime is going to come in and out of the residential neighborhood going through the alley. He stated they hold monthly meetings and asked why the City, CRA, and City Engineer did not take time to explain this to him or his neighbors. 6.B.3. Freslaine St. Louise, 590 S. Swinton Avenue, Delray Beach, FL, speaking on behalf of Bethel Evangelical Baptist Church, thanked the Commission for the planning to make the city run smoother. Ms. Louise stated for 3 years Bethel has taken 30 days to appreciate people that are in the community and today they commence their 30 days of love celebration for 2013. She presented a gift to City employees as a thank you for their efforts for making the city a better place to visit and live. 6.B.4. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), in his opinion Dr. Kirson stated this city is run by a form of government that has a strong City Manager and we have a weak City Commission and they are governed by the Charter with regard to what interaction they are allowed to have and not have with city employees. He commented about Commissioner Petrolia's comments. 6.B.5. Benita Goldstein, 302 N.E. 7th Avenue, Delray Beach, FL 33483, commented that two weeks ago the conditional use for the Strand project was approved and stated it is a great project but at the same time she was feeling like she was transported back in time. Ms. Goldstein stated passing a project without parking requirements in a town that has an infrastructure that needs to be evaluated some more. She stated a traffic study needs to be done for all the buildings that are coming through. Ms. Goldstein commented about the Atlantic Crossings project and stated she is concerned about the traffic impact of that creating chaos in their neighborhood. 6.B.6. Bill Weiss, 135 S.E. 5th Avenue, Delray Beach, FL 33483, stated the City cannot afford to lose the EMT's, Police Officers, City Officials, and take away their pension fund. 6.B.7. Joe White, 111 S.E. 1st Avenue, Delray Beach, FL, stated the last Commission meeting he attended extended beyond midnight and he expressed his apologies if he acted disrespectful in anyway. Mr. White stated he has been in the process of trying to develop some Class "A" office space in the downtown area and much 3 10/01/13 like the Strand was the right project for this city in its location given the limitations on developing that piece of property the City wants Class `A" office space in the downtown area. Mr. White stated he would hate to see this Commission lose the flexibility that it may desperately need in a unique situation to make the right call as like with the Strand project or other projects and possible extend height to a project where to make this a marketable development. He stated when he purchased the properties he owns he purchased them with conditional use on the properties with the expectation that they would end up developed. 6.B.8. Jim Knight, 10 S.E.1" Avenue, Delray Beach, FL 33444, commented on the Treasure Coast Regional Planning Council Interlocal Agreement and stated this is a good thing and needs to be looked at. Mr. Knight stated he does not want to pass something that changes the LDRs without a lot of people having been noticed to what is happening with the LDRs. He stated he has several clients that are interested in doing things in Delray but they want to know what they can do in Delray. 6.B.9. Paul Rosenberg, 640 East Atlantic Avenue, Delray Beach, FL 33483, stated he terminated a contract on another property that he was going to purchase because of the LDRs that were voted on last week and was not given any notice. Mr. Rosenberg stated the options of being able to develop were snatched away and very discouraging on his outlook with future development in Delray Beach. He stated other investors and property owners feel the same way. Mr. Rosenberg expressed concern over the rights and flexibility is removed and makes it difficult to plan anything. He feels that everyone needs to be on the same page and make the right choices for everyone. 6.B.10. Bob Schwartz, 555 S.E. 6th Avenue, Delray Beach, FL 33483, stated he attended Treasure Coast Regional Planning Council Charrettes and it was exciting because everyone in the room was involved in the planning of it. Mr. Schwartz expressed concern over something he did not hear the Treasure Coast Regional Planning Council speak about the last time he came and gave a presentation. Mr. Schwartz stated he heard a little bit about the organization and the policies that enable Planning and Zoning and SPRAB to work together to make things happen more efficiently. However, Mr. Schwartz stated he did not hear about the fact that the City of Delray Beach is extremely diverse and that a Regional Planning Council should be able to look at the city throughout all its borders as a circle and everybody inside the city is protected. He stated revenue comes into the city by people attending events because it is a tremendous attraction here for lots of people. Mr. Schwartz stated Treasure Coast would do well to invite the entire community and not proceed until they know exactly what is going on or this city will become what it does not want to become for lots of people. Mayor Glickstein stated nothing has changed in the LDRs; the only thing the Commission has done is to have the Advisory Boards take a look at a suggestion from Planning and Zoning that will make its way through several advisory boards where everyone from the public will have the ability to weigh in before it ever gets back to this Commission. Mayor Glickstein stated the perception that something was changed at the last meeting that is not accurate. 4 10/01/13 7. AGENDA APPROVAL. Mrs. Gray requested that Item 8.C., Interlocal Agreement Between Treasure Coast Regional Planning Council, Delray Beach Community Redevelopment Agency be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A. The City Manager stated there is additional information for Item 9.L, Discussion of Ordinance No. 01 -13, to the Regular Agenda by addendum. Mrs. Gray moved to approve the Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval 8.A. ACCEPTANCE OF A WATER EASEMENT DEED /1180 S.W. 10TH STREET: Approve and accept a water easement deed from All County Paving for the property located at 1180 S.W. 10th Street. 8.11. RESOLUTION NO. 45 -13: ALLEY ABANDONMENT: 828 N.E. 1sT COURT: Approve Resolution No. 45 -13; abandonment of alley right -of -way located at 828 N.E. 1st Court. The caption of Resolution No. 45 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN ALLEY RIGHT -OF -WAY LOCATED ON THE PROPERTY AT 828 NE 1ST COURT, AS MORE FULLY DESCRIBED IN EXHIBIT "A ", AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 45 -13 is on file in the City Clerk's office.) 8.C. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.D. ANNUAL PROJECT HOLIDAY/YOU ARE NOT ALONE SUPPORT: Approve a request for city support and assistance for the 8h Project Holiday sponsored by the You Are Not Alone Organization, which provides packages to armed services personnel. 10/01/13 8.E. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA) /CONSTRUCTION PROFESSIONAL SERVICES FY 2013 -2014: Approve an Interlocal Agreement between the City and Community Redevelopment Agency (CRA) for funding of various construction projects and professional services. 8.F. SUB -GRANT AGREEMENT/DIVISION OF EMERGENCY MANAGEMENT: Approve a Sub -Grant Agreement with the Division of Emergency Management in the amount of $150,000.00 for implementation of the Residential Construction Mitigation Program (RCMP). Funding is available from 118- 1935 -334- 42.00 (Neighborhood Services: FEMA - Residential Mitigation). 8.G. REQUEST FOR USE OF THE CITY TROLLEY/PLUMOSA SCHOOL OF ARTS: Consider a request for use of the City Trolley for the Plumosa School of the Arts fundraising event on Saturday, November 16, 2013. 8.H. AMENDMENT NO. 3 TO THE AGREEMENT /MAE VOLEN SENIOR CENTER, INC.: Approve Amendment No. 3 to the Agreement with Mae Volen Senior Center, Inc. 8.I. SERVICE AUTHORIZATION 12- 09 /MATHEWS CONSULTING, INC.: Approve Service Authorization No. 12 -09 to Mathews Consulting, Inc., in the amount of $5,226.00 for professional engineering services in completing an application for the South Florida Water Management District's Fiscal Year 2014 Alternative Water Supply Funding program for expansion of the City's reclaimed water system. Funding is available from 441 - 5161 -536 -68.73 (Water and Sewer Fund: Improvements Other/Reclaim Water, Area 12A). 8.L1. GRANT APPLICATION /ALTERNATIVE WATER SUPPLY GRANT /SOUTH FLORIDA WATER MANAGEMENT DISTRICT ( SFWMD): Provide authorization for submission of a grant application for a SFWMD Alternative Water Supply grant to provide supplemental funding for construction of Phase 2 of the Area 12A reclaimed water expansion project on the barrier island from Atlantic Avenue south to Casuarina Road, west of Gleason Street. 8_J. RESOLUTION NO. 46 -13: Approve Resolution No. 46 -13 assessing costs for abatement action required to remove nuisances on 10 properties throughout the City of Delray Beach. The caption of Resolution No. 46 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF 6 10/01/13 ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 46 -13 is on file in the City Clerk's office.) 8.K AMENDMENT TO THE AGREEMENT/ UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA)/ CONTROLLED PHARMACEUTICALS: Approve and accept an amendment to the State and Local Task Force Agreement between the City and the United States Department of Justice, Drug Enforcement Administration (DEA) to change the name of the task force from the West Palm Beach Task Force to West Palm Beach Tactical Diversion Squad (TDS) 8.L. MAINTENANCE AGREEMENT /CONTROL COMMUNICATIONS, INC.: Approve a Maintenance Agreement with Control Communications, Inc. in the amount of $26,040.00 for maintenance of the XTS3000 portable radios used by police officers. Funding is available from 001 - 2111 -521 -46.20 (General Fund: Repair & Maintenance Services/Equipment Maintenance). 8.M. SPECIAL EVENT REQUEST /27TH ANNUAL TURKEY TROT: Approve a special event request to allow the 27h Turkey Trot to be held on Saturday, November 23, 2013 from 7:00 a.m. until approximately 9:00 a.m., including a temporary use permit per LDR Section 2.4.6(F) for the closure and use of A -1 -A from Casuarina to George Bush Boulevard from 5:00 a.m. to approximately 10:00 a.m., and authorize staff support for traffic control, barricading, clean up, use of half of small stage, event signage and waiver of parking meter fees for Sandoway, Ingraham, and Anchor Parking Lots and along Atlantic Avenue from Venetian to A -1 -A from 6:30 a.m. until approximately 9:30 a.m. Per event policies and procedures there will be no charge for staff overtime or rental costs for City sponsored events. 8.N. SPECIAL EVENT REQUEST/HALLOWEEN PARADE: Approve a special event request for the Annual Halloween Parade sponsored by the Noontime Kiwanis Club to be held on October 26, 2013 from 1:00 p.m. until approximately 2:00 p.m., including temporary use permit per LDR Section 2.4.6(F) for closure N.E. 2nd Avenue from Old School Square Park to Atlantic Avenue and Atlantic Avenue from N.E. 2nd Avenue to the Intracoastal Waterway, and staff support for traffic control and security; contingent upon receipt of the Certificate of Liability Insurance and a signed and notarized Hold Harmless Agreement by October 14, 2013. The event producer is 7 10/01/13 required to pay 100% of all City costs, plus the administrative fee. 8.0. PROCLAMATIONS: 1. Delray Beach Orchid Society's 23rd Annual Show — October 25- 27, 2013 8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 16, 2013 through September 27, 2013. 80. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Flori da- Spectrum Environmental Services, Inc. in the amount of $19,500.00 for annual supplemental laboratory services for the Water Treatment Plant Laboratory. Funding is available from 441 - 5124 -536 -34.90 (Water and Sewer Fund: Other Contractual Services). Mrs. Petrolia moved to approve the Consent Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. INTERLOCAL AGREEMENT BETWEEN TREASURE COAST REGIONAL PLANNING COUNCIL, DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY: Approve Interlocal Agreement between the City, Community Redevelopment Agency (CRA) and Treasure Coast Regional Planning Council for revisions to the Land Development Regulations (LDRs) to address the appropriate scale of development in the Central Business District. Dana Little, Urban Design Director with Treasure Coast Regional Planning Council, stated they have the same presentation prepared that they gave at the CRA meeting September 12, 2013 or he can just answer any questions the Commission has. After brief discussion, the Commission decided to have questions and answers versus a presentation. Brief discussion between the Commission, the City Attorney, and staff followed. Mrs. Gray expressed concern over 18 months being a long time. Mr. Little stated the way it was originally put into the proposed agreement was a conservative outside estimate. Mr. Little stated what they anticipate the more accurate schedule to be 8 10/01/13 is submitting a draft by doing public outreach and public workshops the beginning of 2014 and delivering a draft by April/May /June 2014. He stated the 18 months includes going to the CRA Boards, the Planning and Zoning Boards, building in time for not only the review and revisions, but for legal advertising, etc. Mr. Little stated they are going to work very hard to get the first draft in as quickly as possible (4 -6 months). He stated their hope is to be through the majority of the boards this time next year. Mr. Little stated they will start some of the public input and meetings in the West Atlantic Avenue areas first. Mrs. Gray inquired whether or not the City sent this out for an RFP. The City Attorney stated this is an Interlocal Agreement and pursuant to Chapter 163 the City can enter into agreements with other governmental entities. Diane Colonna, Executive Director of the Community Redevelopment Amu (CRA), stated the CRA Board feels it is more equitable for the City and the CRA to share the cost. Ms. Colonna stated it is a 75 %/25% split (75% CRA and 25% City). Mr. Little stated he cannot guarantee that they would have these code revisions adopted at second reading by this board within 12 months. He stated they would endeavor to do that. Mr. Jacquet asked if the City pays $200,000 up front. The City Attorney stated the City would pay it and be reimbursed by the CRA. Mayor Glickstein stated the reason the City started with Treasure Coast Regional Planning Council was because that is who guided the City before and they were the natural governmental entity to look to who understood the City's Codes and town, and to advise the City on the next step. He stated at one of the Goal Setting meetings there was unanimity that was of critical importance to move forward. Mayor Glickstein stated the benefit from this will be predictability within the development community, with staff, and in the public so the City is not lurching from project to project. He stated he has contacted approximately 20 Mayors and Planning Directors of all cities with similar characteristics of Delray where they have a downtown core and historical components to that and there has been unanimity about the movement towards their particular movement from the regulatory Euclidean type zoning codes to a form -based code. Mr. Little stated a form based Code takes the existing Code and provides predictability, visual /physical predictability, and certainty moving forward. Mr. Little commented on the City's Sustainability Report. Commissioner Frankel concurs with comments expressed by Commissioner Gray that this should go out for an RFP. First motion: Mr. Jacquet moved to approve Item 9.A.A. (formerly Item &C.) with a revision with certain milestones in it to reflect what the Commission 9 10/01/13 and Mr. Little discussed, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — No; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 1 vote, Commissioner Frankel dissenting. Second motion: Mr. Jacquet moved to reconsider approval of the Interlocal Agreement between the City, Community Redevelopment Agency (CRA) and Treasure Coast Regional Planning Council, seconded Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. Third motion: Mrs. Gray moved to approve the Interlocal Agreement between the City, Community Redevelopment Agency (CRA), and the Treasure Coast Regional Planning Council, subject to the revisions as discussed by the Commission and Mr. Little, seconded Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — No. Said motion passed with a 4 to 1 vote, Commissioner Frankel dissenting. 9.A. SPECIAL EVENT REQUEST /ATLANTIC COMMUNITY HIGH SCHOOL HOMECOMING PARADE: Consider approval of a special event request to allow for the Atlantic Community High School Homecoming Parade produced by the high school proposed to be held on Friday, October 18, 2013 from 11:00 a.m. to noon; including temporary use permit per LDR Section 2.4.6(F) for closure of Atlantic Avenue from Veterans Park to N.W. 1st Avenue and for use of Veterans Park parking lot for staging; and staff support for traffic control and barricading; contingent upon staff recommendations being met. Dr. Anthony Lockhart, Principal of Atlantic Community High School, introduced Coach James Maloney who will help spearhead this event that will take place on Friday, October 18, 2013 at 11:00 a.m. which is the same day as the Homecoming football game. Dr. Lockhart stated this is an opportunity to showcase what they do at Atlantic High School and also to generate some pride for the high school and the city. Mr. Jacquet thanked Dr. Lockhart and Coach Maloney and stated they are part of the greatest high school in the world. Mr. Jacquet stated he was fortunate to graduate from Atlantic Community High School and feels this is positive for the students and the community. Dr. Lockhart stated they are requesting that the parade go from Veterans Park to N.W. 1st Avenue. Mrs. Gray asked if school is closed. Dr. Lockhart stated October 18m is a Teacher Work Day and noted this is the first parade in about 19 years. Mr. Frankel stated this is a great idea; however, he expressed concern that if the Commission waives the fees it could set a precedent. 10 10/01/13 Mrs. Gray stated the City of Delray Beach has an Interlocal Agreement with Atlantic High School and other schools in Palm Beach County where the City uses their facilities and they use the City's facilities. Mr. Jacquet stated he understands Mr. Frankel's concerns; however, he stated the City of Delray Beach is a partner with Atlantic High School because we use their facilities and they use the City's facilities. Mr. Jacquet stated this is a unique relationship and noted that because of Atlantic High School's intrinsic value to this town, its history, and the unique mix when you bring the high school to downtown, he supports waiving all fees up to $1,500 for this event. Mayor Glickstein concurs with Mr. Frankel and suggested that the Commission make a distinction going forward that for a public school the fee up to $1,500 be waived. Mayor Glickstein stated if they go over this amount they will have to find a revenue source. Mr. Jacquet moved to approve the Special Event Request for Atlantic Community High School Homecoming Parade to be held on Friday, October 18, 2013 from 11:00 a.m. to noon subject to waiving all fees up to $1,500, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 9.11. AUTHORIZATION TO FILE APPEAL/ROBERT DESISTO V. CITY OF DELRAY BEACH: Consider a request for authorization to file an appeal to the Fourth District Court of Appeals in the case of Robert Desisto v. the City of Delray Beach. The City Attorney stated this is a request to file an appeal in the case of Robert Desisto v. City of Delray Beach and to appoint the firm of Methe & Rockenbach, P.A. not to exceed $250 per hour. Mr. Frankel moved to approve, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 9.I. ORDINANCE NO. 01 -13: Mrs. Petrolia moved to approve moving discussion regarding Item 9.I. to Item 9.11.11., seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. The City Attorney stated Ordinance No. 01 -13 was regarding the Charter Amendments approved by the City Commission and adopted at referendum. The City Attorney stated it changed Section 3.12(C) of the City Charter to provide that rather than 11 10/01/13 have affirmative votes it was changed to concurring votes in order to get away from the aspect that all motions have to be made in the positive. The City Attorney stated the change also dealt with removing the words roll call from the language because at the time the Commission discussed to have either a hand vote or what Palm Beach County wanted where if no one says something then it is deemed unanimous; however, because the City had language in the Charter that says it has to be by roll call vote, that was removed and language that the City put in its rules then will govern as far as how the vote will be handled. The City Attorney stated in 2004 the City had a lawsuit with Mr. McKinney regarding his tree house and there was 2/2 vote on granting the CO. There was an appeal of the Certificate of Appropriateness from the Historic Preservation Board and that came to the Commission. At that time, the City Attorney stated Mayor Schmidt stated it is a 2/2 vote and it fails. The applicant, Mr. McKinney, appealed that decision to the Appellant Division of the Circuit Court. The Court stated that according to the language in the City's Charter because the Commission talks about having 3 votes in order to take action the 2/2 is not a fail. The City Attorney stated the City argued Robert's Rules and the language with the Court and the Court did not grant the motion for rehearing. He stated based on the language in the Charter the 2/2 vote was a no action; it was not a fail or a pass. The City Attorney stated the change was made in 2013. In the past, the City Attorney stated the Commission appointed a Charter Review Committee and many changes were made to the Charter. He stated that portion was discussed with the Charter Review Committee and it was discussed if the Commission can change "affirmative" to "concurring" The City Attorney stated that way the Commission will not have to always make motions in the affirmative but the Committee still wanted to keep the three votes necessary in order to take any action on any item. 9.C. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment to serve a two (2) year term ending August 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel moved to reappoint Brenda Cullinan as an alternate member to serve a two (2) year term ending August 31, 2015, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 9.D. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint one (1) regular member to the Historic Preservation Board to serve a two (2) year term ending August 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). Mayor Glickstein moved to reappoint Ronald Brito as a regular member to the Historic Preservation Board (HPB) to serve a two (2) year term ending August 31, 2015, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. 12 10/01/13 Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 9.E. APPOINTMENT TO THE PLANNING & ZONING BOARD: Appoint one (1) regular member to the Planning & Zoning Board to serve a two (2) year term ending August 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). Mrs. Petrolia read a statement into the record and gave a brief explanation as to why she feels that Mr. Jan Hansen is the best candidate for the Planning and Zoning re- appointment at this time. Mr. Frankel stated to narrow someone's candidacy just because they are critical is a dangerous precedent. Mayor Glickstein stated he has known Jan Hansen for 25 years and feels the City would be very lucky to have someone with those credentials on any advisory board in particular the Planning and Zoning Board. Mayor Glickstein stated it is the City's responsibility to put relationships aside in these appointments and get the best and most qualified people. Mrs. Gray expressed concern over what is happening with the board appointments and stated it is treading on dangerous waters when we do not let a Commissioner nominate who they would like to represent so that we can have a diversified board. Mr. Jacquet stated he agrees that Mr. Jansen is very qualified and feels the question is who has been nominated and does the Commission want that person or not. Mr. Jacquet stated diversity is important and balance is the key. Mr. Jacquet stated he disagrees with Mr. Franciosa's positions on a number of issues and disagrees with his way of criticizing the leaders of this city but he does not have a problem with him serving on the Planning and Zoning Board if he wants to give his time. Mr. Frankel moved to appoint Gerry Franciosa as a regular member to the Planning and Zoning Board to serve a two (2) year term ending August 31, 2015, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Glickstein — No; Mrs. Petrolia — No; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 3 to 2 vote, Mayor Glickstein and Mrs. Petrolia dissenting. 9.F. APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE BOARD: Appoint one (1) regular member to the Site Plan Review and Appearance Board to serve a two (2) year term ending August 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). 13 10/01/13 Mr. Jacquet thanked Alice Finst for her years of service to the City of Delray Beach and stated it is an honor to appoint her the Site Plan Review and Appearance Board. Mr. Jacquet moved to appoint Alice Finst as a regular member to the Site Plan Review and Appearance Board to serve a two (2) year term ending August 31, 2015, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board to the serve an unexpired term ending July 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel moved to appoint Daryl Pauling as a regular member to the Education Board to serve an unexpired term ending July 31, 2015, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 9.11. APPOINTMENTS TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint one (1) regular member and one (1) alternate member to the Green Implementation Advancement Board to serve two (2) year terms ending July 31, 2015. Based upon the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). Mr. Jacquet stated he would like to defer his appointment to the next regular meeting of October 15, 2013. Mr. Frankel moved to appoint Nathalie Siegel as an alternate member to the Green Implementation Advancement Board to serve a two (2) year term ending July 31, 2015, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 10. PUBLIC HEARINGS: A. None At this point, the time being 8:38 p.m., the Commission moved to Item 12, First Readings. 14 10/01/13 12. FIRST READINGS: 12.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 hearing will be held on October 15, 2013. The caption of Ordinance No. 24 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33 "POLICE AND FIRE RESCUE DEPARTMENTS ", SECTION 33.65, "ADMINISTRATION"; TO CLARIFY THE MEMBERSHIP OF THE BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 24 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated at the Commission meeting of September 3, 2013 this ordinance was discussed and the Commission gave direction that staff modify the language that the Mayor can nominate someone who meets the requirements of Section 32.07 of the Code of Ordinances then the City Commission has the right to approve the nomination. Mayor Glickstein stated because this is a Mayoral appointment and the Mayor has the option to serve on that, he feels the appointment should expire in the event there is a new Mayor. Mrs. Gray stated she feels the Mayor should do this because this is such an important board. Mayor Glickstein stated if he was sitting on the board then either he or Commissioner Frankel could not attend the SHADE meeting. The City Attorney stated he believes that is the reason why the Assistant City Manager was appointed years ago. After brief discussion, the City Attorney suggested that the Commission pass this tonight and he can do further research regarding this to see if there is a true conflict. Mr. Jacquet moved to postpone Ordinance No. 24 -13, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 15 10/01/13 12.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. If passed, a public hearing will be held on October 15, 2013. The caption of Ordinance No. 26 -13 is as follows: 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. (The official copy of Ordinance No. 26 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated at the last meeting it was the consensus of the Commission to make this for a one year period where the former Commissioner would not be eligible for appointment to a City board, task force, or Committee for a one (1) year period following their last day in office. Mr. Jacquet supports this ordinance and expressed concern over the blanket covering of all the boards. However, Mr. Jacquet stated the concern is not that great to sway his vote because he feels certain boards should be treated differently because of their position and their proximity to the Commission. Mr. Frankel stated he disagrees with Mr. Jacquet and noted a comment was made by Mayor Glickstein "that we need to be responsible to put the most qualified person on a board." Mr. Frankel stated in a case of someone sitting on the dais, they could be the most qualified and feels this could have an effect on him as a trustee on the Police and Fire Pension Board. For clarification, Mayor Glickstein stated he does not disagree with Mr. Frankel's points about his own qualifications; however, Mayor Glickstein stated he strongly agrees that it is the responsibility of the Commission to put the most qualified people on boards and is something that can be reconciled with a one (1) year prohibition from elected officials serving on advisory boards. Mr. Frankel stated before he became a Commissioner he was a citizen trustee and because he wanted to continue in the role the Commission amended the 16 10/01/13 ordinance approximately 3 -4 years ago and he has been re- appointed a couple of times. Mr. Frankel stated it has been a great experience and he has attended seminars, had to pass tests, is certified in the state, and speaks nationally as late as last week. He stated he would be directly affected. Mr. Frankel stated he would still be a Commissioner when he would be up for reappointment. Mayor Glickstein stated he supports the ordinance. Mrs. Petrolia stated she supports the ordinance as well. Mr. Jacquet moved to approve Ordinance No. 26 -13 on FIRST Reading, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — No; Mrs. Gray — No. Said motion passed with a 3 to 2 vote, Mrs. Gray and Mr. Frankel dissenting. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 12.A. City Manager The City Manager had no comments or inquiries on non - agenda items. 12.B. City Attorney The City Attorney had no comments or inquiries on non - agenda items. 12.C. City Commission 12.C.1. Mr. Frankel Mr. Frankel had no comments or inquiries on non - agenda items. 12.C.2. Mrs. Gray Mrs. Gray stated a couple of weeks ago she asked for the salaries of the City Commissioners throughout Palm Beach County to be brought forward. She stated this information was sent to the Commission in an email but she would like to discuss more. Mrs. Gray stated she would like to see salary increases for the Commission during this budget period. Mayor Glickstein gave direction to the City Manager to schedule this for discussion at a Workshop meeting. Secondly, Mrs. Gray stated every Sunday she jogs on the beach and last Sunday there was a horrific odor for approximately 1 mile of the beach. Mrs. Gray stated she discovered that people are actually placing their dog poop in the trash cans. Lastly, Mrs. Gray stated the CRA District should be shrunk. 17 10/01/13 12.C.3. Mrs. Petrolia Mrs. Petrolia stated the sidewalks in front of BurgerFi do not have much space between the edge of A -1 -A and the place where the tables are for the restaurant. She stated the distance does not look like it is the five (5) foot and asked that staff look into this. 12.C.4. Mr. Jacquet Mr. Jacquet stated he has talked to the Police Department and a number of the taxi drivers about the taxi cab situation downtown. Mr. Jacquet stated there are too many taxi cabs and they are unregulated. He stated in West Palm Beach a taxi driver needs a permit to operate within West Palm Beach, Boca, etc. He stated if you drive a cab you can come from Broward to Delray and roam around the streets and go back home. Mr. Jacquet requested to allow City staff or Police to start enforcing what we do have in the books by stopping the cabs and asking them for their permit and if they do not have it cite them immediately. Mr. Jacquet stated this needs to begin immediately because it is a big problem. 12.C.5. Mayor Glickstein Mayor Glickstein asked the City Manager to update him this week on where the City stands with Code Enforcement meeting with the Police Department. Mayor Glickstein stated in particular at night is when the cabs are the most problem and there are no Code Enforcement personnel present. Secondly, Mayor Glickstein stated with regard to Mr. Quillian's comments, he does not like to hear that there was a lack of communication in particular when the neighborhood association meets regularly. Lastly, in part related to Goal Setting, Mayor Glickstein stated he would like to look at how the City can modify the CRA border and move it west of the Intracoastal and expand it to Congress Avenue. Mayor Glickstein asked the City Manager to get back to him this week on how to initiate this. There being no further business, Mayor Glickstein declared the meeting adjourned at 9:04 p.m. City Clerk 18 10/01/13 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on October 1, 2013, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 19 10/01/13 WORKSHOP MEETING OCTOBER 8, 2013 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., on Tuesday, October 8, 2013. Roll call showed: Present - Commissioner Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent - None Also present were - Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Kimberly Wynn, Acting City Clerk Mayor Glickstein called the Workshop meeting to order and announced that it had been called for the purpose of considering the following Items. WORKSHOP MEETING AGENDA 1. Beach Property Owners' Association Design Guidelines Mayor Glickstein stated that this item was requested by the Beach Property Owners' Association (BPOA) as a way to address technical gaps, inconsistencies and some substantive issues since the passage of the overlay regulations ten (10) years ago. He explained there was some dialogue between BPOA and a third party consultant. Mr. Paul Dorling, Director of Planning and Zoning, introduced this item. He indicated there were two categories: 1) technical items and 2) more subjective design related items. Mr. Dorling gave a brief overview of what would be discussed. Ms. Sandra Megrue, Planning Project Manager with Urban Design Kilday Studios (UDKS) explained that they have a number of items that have been identified over the years that have to be clarified. She gave the Commissioners a handout with a more comprehensive list of items that they had encountered while doing their technical review, and as questions came in from architects when they came in for applications. Mr. Ken Tuma, Principal with Urban Design Kilday Studios (UDKS) discussed some of the processes that they had done such as having meetings with the groups and sending out emails to recruit responses. Mayor Glickstein asked if there had been a "meeting of the minds" of technical things that had to be done by staff, property owners and the architects. Mr. Tuma stated there was a consensus of the architects and staff of the technical items that had to be addressed. He asked for direction from the Commission to hopefully engage more of the original working group. Mr. Tuma advised that it is technical and takes a long time to read the changes. He explained that from UDKS perspective, it makes sense, but that they want everyone who is involved to be a part of this including the architects because they would be the ones implementing this and they are counting numbers. He wanted to be sure that what he is creating would not create a new set of problems. Mr. Andy Katz, President of the Beach Property Owners Association (BPOA), explained that eight (8) years ago the guidelines went into effect but the process started closer to ten (10) years ago. He felt it was healthy for any organization to have a look back in the review process to see how well it had worked, where problems had been encountered and what was learned along the way. He stated that many attractive projects with considerable variety had been built; however, there had been a handful that caused concerns. The concerns were in two areas, style and scale (style was the lesser component because it was subjective and it changed with time). He explained that going by a more modern style is a natural process that happened house -by- house. Mr. Katz advised that scale was the more important issue for the BPOA. He briefly discussed his apprehensions regarding scales as it pertained to consolidated large lots as compared to small infill lots. He discussed the uniformity of their neighborhood with relation to the various styles, colors, houses built over a period of sixty (60) years. Mr. Katz advised that the BPOA is looking for creativity without having a jarring effect and having some harmony. He stated that the BPOA is looking for a 2 -3 month process to clarify some of the technical points raised by UDKS, and to produce new guidelines for scale mostly, if not exclusively, for very large lots. He discussed the need for a mechanism for review and approval mostly subjective but with some objective element — which is tough to do. He explained the current scoring criteria and which projects would have to go before a recommendation (advisory) board like Site Plan Review and Appearance Board (SPRAB). He noted that this would only apply to single - family homes in the beach area. All projects zoned in the Medium Density Residential (RM) area automatically go before SPRAB. Mayor Glickstein gave the history of this, which started eleven (11) years ago. He explained that it took three (3) years to get this to the Ordinance that is in place currently, which involved extensive community involvement. He stated that the past Commission gave the directive that if they could get community buy -in then they would support it. Mayor Glickstein advised there was a lot of construction in the beach area and a lot of it was out of character with the existing scale, style and many characteristics of the neighborhood. He stated this was the second attempt to bring in mansionization; the first attempt failed because it started out as a beach area and morphed into a city -wide direction, which was too broad. When it came back the second time, it was confined to the beach area. Over three (3) years and a lot of community involvement, the current plan was produced. Mayor Glickstein stated that the current plan was intended as not only a starting place but a template for other neighborhoods like Lake Ida to use when they went through their process. Mayor Glickstein continued to discuss the background of this project. He asked the BPOA what they're doing to get the community buy -in on whatever it is that UDKS wants to do. Mr. Katz advised that short of the charette process is their annual meeting on December 12`' Typically the turnout is 60 or 70 people out of a membership of 500. He stated it is just the nature of whether its elections or people coming to the Commission Meeting. He anticipated a wide array of opinions —which they will use to see if a charette is needed. 2 October 8, 2013 Mayor Glickstein discussed the process that was used by the board in the past to get a good turnout to the annual meeting including stuffing envelopes in mailboxes. He talked about the negative feedback initially received and how over a three (3) year period, they engendered a lot of support that consequently led the Commission to approve an ordinance. He explained why he requested that this be placed on the workshop agenda. Mr. Tuma advised that the "clean -up" items did not require a large elaborate process because they were things that were poorly worded or overlooked the first time around. He recommended that they identify 1 -3 substantial changes as compared to clean up items. The meeting on December 12ffi would be a great place to have this presented. Mayor Glickstein stated that a focused charette is the only way that realtors, architects, design professionals and homeowners can weigh in and understand the substantive changes. He suggested the fast -track of technical items be for staff. He explained this was no different from the ordinances in which Planning & Zoning had found inconsistencies and gaps. Mayor Glickstein said this can come before the Commission with staffs endorsement. He suggested that the BPOA come back with an action plan. It was the consensus of the Commission to have the Beach Property Owners' Association come back at a later date to discuss an action plan. Discussion ensued with the Commission. Mrs. Petrolia stated there was a tremendous amount of support for the project about ten (10) years ago. Mrs. Gray asked if the mansionization includes multi- family or just single family homes. Mayor Glickstein answered that it included just single - family homes in two (2) districts. He discussed the engineering review requirement for plans and how this is an extra level and expense when the project is still at a level of uncertainty. He asked if BPOA would be ready in December. He stated nothing would be done on the subjective part of this until they were ready. Mr. Katz explained that he would like to dry -run this as to how many members would show up on December 12t . Mayor Glickstein requested that Commission be invited to the meetings. Mr. Katz stated that Commission was invited; Commissioner Petrolia would be the speaker at the event. 2. Discussion regarding waivers to the Code of Ordinances for Special Events Mr. Brian Shutt, City Attorney presented this item. He stated that the City Commission adopted a Special Events Policy. He stated that sometimes waivers are requested in addition to special event permits that may require advertisement. Mr. Shutt requested a modification to the ordinance to allow the City Manager to approve certain special events and their waivers provided that they meet the requirements of the policy. He also added that based on comments from the Commission at the last meeting, fees for public schools' special events would be waived up to $1,500.00. 3 October 8, 2013 Ms. Terrill Pyburn, Assistant City Attorney, discussed a First Amendment case that involved use of Old School Square Park when they suggested that the Special Events Policy was not clear and that it did not tie in with our Code of Ordinances. She suggested that a provision be added to the Code of Ordinances that referenced the Special Event Policy in that if you reach the threshold of 25 or more people then you would be required to get a special event permit. She cited the case studies that influenced her recommendation. Mr. Jacquet expressed his concerns that the Commission would lose some power in the decision of who would get the Special Event Permits. He discussed recourse for the applicant if their permit was denied. It was the consensus of the Commission that staff moves forward with a proposed ordinance at the next Regular Meeting. 3. Discussion of Commission Votes Mr. Shutt discussed this item. He gave a brief history of the 2 -2 vote, and how and why it arose based on a circuit court decision that was handed down in 2004 pertaining to the McKinney request for a Certificate of Appropriateness. Mr. Frankel stated he wanted to have consistency with the rules. He questioned if there is a 2 -1 vote would the motion fail. Mr. Shutt confirmed that the motion would fail. Three (3) votes are required in order for any action to place. Mr. Frankel questioned if under Robert's Rules would a 2 -1 vote pass. Mr. Shutt explained that under Robert's Rules a 2 -1 vote would pass because it would be based on a majority. He explained Robert's Rules and discussed the Charter Review Committee's recommendation. Mr. Jacquet asked if the wording in the City Charter should be changed to concurring instead of in the affirmative so that a decision could be made in the affirmative or negative. If a motion is made in the negative or affirmative with three (3) votes — it passes. He clarified the circumstances when Robert's Rules would be used. Mr. Jacquet stated that he thought that a 2 -2 vote would fail. Mrs. Petrolia talked about the absence of a formal rule if there was a 2 -2 vote. She explained that it was automatically assumed to fail. She questioned the difficulty to add a rule in the absence of three (3) affirmative or concurring votes. Mrs. Petrolia requested a Charter revision to clarify the ambiguous language. Discussion ensued among Mr. Shutt and the Commissioners on what the Charter actually read versus what is interpreted. 4 October 8, 2013 Mrs. Gray asked if three (3) votes ruled what would happen if Commission decided that they did not want to vote or if they were absent which resulted in a 2 -2 vote, would the motion fail or would it come back. Mr. Jacquet advised that Commission had to vote on an item, they could not choose when they wanted to vote. Mr. Shutt advised there would be no action. Mayor Glickstein stated that the item would be re- introduced as if nothing happened and continue to do so until there were three votes. Mrs. Gray asked for clarification regarding the 2 -2 vote and when a motion would actually fail. She discussed Mr. Shutt's responsibility to interpret the Charter. Mr. Shutt advised that his interpretation is based on the Court's interpretation. Ms. Pybum cited several court cases that involved language on the 2 -2 vote. She stated that if the City wanted to make changes, it would require a change to the Charter. Ms. Pyburn advised language that referenced a tie vote should be changed in the Charter rather than rely on Robert's Rules. Mr. Jacquet asked how the Court interpreted the first sentence of the Charter, Section 3.12 (C), "Voting ", if the Charter is the Constitution of the City and Commission must abide by the Constitution unless it expressly delegated that authority to somewhere else or it does not address it. He asked if the Local Rules would govern over the Constitution when voting. Discussion ensued among the Commission regarding the ambiguity of the Charter in reference to voting procedure. Mrs. Petrolia stated that there are two (2) separate issues. The first issue is that the Charter governed; the second issue is with Board Appointments (which is clearly spelled out). Ms. Pyburn provided copies to the Commission of other cases with similar issues and discussed them. Mayor Glickstein stated that the larger issue is not with the board appointments but with items with "No Action ". He discussed how problematic the no action votes were and that there was an issue with clarity on something that was an everyday situation for the Commission. Mr. Glickstein expressed his concerns that the recent referendum to the Charter addressed the affirmative and non - affirmative votes. Mr. Shutt recommended that the language be removed from the Charter. 5 October 8, 2013 It was the consensus of the Commission that an ordinance be drafted to remove Section 3.12 (C) and that this is a referendum on the March 2014 ballot. 4. Discussion regarding Advisory Board Appointments Ms. Kimberly Wynn, Acting City Clerk presented this item. She stated that staff proposed a change to the process for advisory board appointments. Ms. Wynn proposed board appointments be placed on a Special /Workshop Meeting during the months of July and August, for the exception of the Code Enforcement Board which would be placed on the Special /Workshop Meeting agenda in January due to the terms on that board. She advised that a stricter deadline was being proposed to stop late application submittals. Mr. Jacquet asked why staff is suggesting board appointments twice a year. Ms. Wynn answered that this was in response to requests by the Commission to have their Regular Meeting agendas shortened and to limit the number of times staff would have to appear before the Commission. Mr. Jacquet responded that the appointment portion of the agenda was short and quick; he did not see the need for an extra meeting to do the appointments. He agreed with an enforced deadline to ensure that the City Clerk's Office has time to check whatever is necessary. Ms. Wynn responded that although the appointments were done quickly, over half of them are deferred to the next meeting. If all of the appointments are placed on a workshop, Commission would have time to review just board appointments. It would not be an extra meeting. It would be a regularly scheduled workshop meeting. Mrs. Petrolia discussed the need to keep the personal phone calls in addition to posting it on the website. She recommended a requirement that applicants attended a meeting for the board(s) they applied for to understand how that board operated. Mrs. Petrolia agreed with the 10 -day deadline. Mrs. Gray agreed that personal phone calls should not be eliminated. She talked about how she took the opportunity to diversify the boards when she was appointed. Mrs. Gray asked how should a Commissioner that was just appointed handle not being able to make an appointment to an advisory board until July and August. She inquired how vacancies would be filled. Ms. Wynn advised that regular member vacancies would be filled with the alternate members from the board. In the event that there were no alternate members on the board, which we had 10 -11 advisory boards like this, if there was a quorum, the appointment would wait until July or August. If there was no quorum, there would be a Special Meeting to make the appointment. Mrs. Gray expressed her concern with an alternate member automatically being moved to a regular member. She liked the current process; she did not agree with a 10 -day deadline with all of the new residents in the town, the applicant should be able to submit their application. 6 October 8, 2013 Ms. Wynn stated that it was encouraged to bring in new applicants but it was not encouraged to have applications submitted the day before or the day of the meeting. Ms. Wynn advised that in the past applicants had come in on the day of the meeting and staff would like to discourage that. Mr. Frankel stated that he had no problem with the 10 -day rule. He concurred with Commissioner Gray that an alternate should not automatically be moved to a regular member. He asked if there were two (2) alternate members how would a regular member be selected. Mr. Frankel advised that limiting appointments to two (2) meetings would be a mistake. Mayor Glickstein stated that he supported the ten (10) day rule. He is neutral regarding having all of the appointments on two (2) meetings or having them throughout the year. Mayor Glickstein advised that the criteria and credentials should be consistent on the website for the boards. Mr. Frankel recommended that board applications for appointments be given to the Commission at least twenty -one (21) days in advance minimum. Mr. Jacquet stated the new process would make it easier for staff not necessarily for the Commission. Ms. Wynn advised that was incorrect, it is the same amount of work. The phone calls had been made so it is just a matter of moving the item from one meeting to the next. However, it extended the agenda because you had new board appointments in addition to the deferred board appointments. Ms. Wynn stated it did not make less work either way; it was preferred to be handled on workshop agendas instead of regular meetings. Discussion ensued among the Commission regarding the deadlines and recruitment of new board members. Commission discussed consistency with the criteria. It was the consensus of the Commission that the advisory board appointments remained on the Regular Agenda, personal phone calls to potential applicants be continued and that the website be updated to be consistent with the qualifications needed for each board. Mayor Glickstein adjourned the Workshop Meeting at 7:43 p.m. City Clerk 7 October 8, 2013 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, October 8, 2013, which Minutes were formally approved and adopted by the City Commission on November 5, 2013. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. October 8, 2013 Attorney Shutt 1. Waste Management "Pass Through" 2012 legal definition /opinion now costing Taxpayers legal fees to correct and monthly loss due to not bidding contract (est. $125K month) 2. Months to produce a list of contracts with 30 day out clauses. (Official Request was made during Beach Services RFP by Commissioner Frankel April 9th, numerous requests were made in the interim, months later a list is produced) 3. CRA Board Appointment: Roberts Rules of Order controversy caused this commission to screech to a halt on Commissioner Frankel's CRA appointment adding to confusion and weeks to get an appointment made to that board. 4. Beach Services RFP: Took over 4 months to get a simple RFP out on the Beach Service Contract (Original Request: April 9,2013, Date Out: August 18, 2013) 5. Specific Language Requested yet omitted in the Beach RFP (Letter dated May 15, 2013) pertinent to an outside bidder. 6. Jim Boucher wrongfully denied the opportunity to speak at a public commission meeting on September 3,2013. 7. Instructions given personally not to attend a public hearing /screening on Sept. 23 w/o reference to rule orlaw prohibiting or barring commission attendance. Confusion surrounding Commission Rules and Procedure as it relates to the 01 -13 Charter change on votes. 1 Comments from Commissioner Petrolia from the October 8, 2013 Workshop Meeting MEMORANDUM TO: Mayor and City Commissioners FROM: Pat Lewandowski, SPIRIT Chairperson THROUGH: CITY MANAGER DATE: November 1, 2013 SUBJECT: AGENDA ITEM 5.A. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 QUARTERLY S.P.LRLT AWARD WINNERS ITEM BEFORE COMMISSION The item before the City Commission is the recognition of one (1) quarterly winner chosen by the SPIRIT Committee for their service, performance, integrity, responsibility, innovation, and teamwork. BACKGROUND The City of Delray Beach implemented the SPIRIT Quarterly Award Program in April 2006. The main objective of the SPIRIT Program is to award the efforts of employees who provide outstanding quality service to our City. Winner for the first quarter are: . Officer Steven Swanson, Police Department, Lieutenant Rachel Saunders will present the award. W pit Nominee Information: Nam: Orr-PcO2 STWC.SWM-�OdDepartmnt: h I i cA-,' Phone #, Nominator Information: ,617 Name: ET -- - 2-iy-hr-1 Spiun-46r&Dapartment: U-5 Phone # s& I qq I -,p 17 Signature, Date: 0�-01-!J The City of Deiray Beach SPIRIT Award Program awards and recognizes employees for their exemplary actions in following the City's Core Beliefs by providing exceptional Service through Pefformance by acting with Ihtegiity. being Responsible, taking Innovative action, and practicing Teamwork. Any City Employee may be nominated provided that he or she has demonstrated (a) an incident outside the normal scope of job responsibilities, (b) a history of exemplary City service through actions which display. SPIRIT or, (c) an act or event which positively impacts the city, comMunity, or general public, Please use the space provided below explaining the employee's examplaty service. Feel free to attach any supporting documentation i,e, photos, comment cards, eto. Nominations must be submitted to Human Resources no later than the I' Friday of the months of October, Tanuary, April, and Tulyn 0 L-,Q6-oij- A, nFricrag .4 Z)!2-F eAll. kc� leo-rrcl!q -1+6; Jhr- MQ-Lht1- 'ho-d I u's P -11:t LL a40 abuAive, Mo Nk-ai' Old w0fl ra as a.... ncw aaldmmen�- 86--f6ol,cl t50-` ue -fV 6rdsb;p +he mn+6cr- wa-s JAA,47ni or) ��-r n - K _j3�6, o-jkeck 4z 19ov �,ej- 6an k;-s . 01,�n 6c-d I I I had 0- s:Sa/e C a- f)c. 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Showing results for photo of Forida ietties Search instead for photo of flandajetties Images for florlda jetties - Report Images i i4,,. Venice Jetties (South) - Surf Report and HD Surf Cam t SURFLINE .._ www.sur line.com /surf- feport/venir-e- jetties- south- ftorida- gulf_5456/ Follow this spot and never miss a photo once followed, photo activity from — Add a Surfhne report for Venice Jetties (South) or West Florida to your website- Jetty East Condominiums Photos - TripAdvisor www.tripadvisor.com > ... ) Destin ) Destin Accommodations - Rating: 4.5 - 33 reviews Jetty East Condominiums pictures: Check out TripAdvisor members' 64 candid photos and videos of Jetty East Condominiums in Destin, Florida Panhandle. Jetty East Condominiums (Destin, FL) - Condominium Reviews ... www.tripadvisor.com > ... ) Apartments in Destin - Rating: 4.r - ws - P, -ice range: 5,a 500 GuIfshore Drive, Destin, FL 32541. Hotel amenities. Jetty East Condominiums. Management photos. 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North Jetty Beach Best Beaches Florida www.bestbeaches.org !best- beacheslcasey- key ... lnorth jetty - beach/ - North Jetty beach in Sarasota county north of Venice Florida. On Beautiful Casey Key "Discover the Charm of Old Florida"- North Jetty Beach Photo Gallery. https://www.google.com/ Page 1 of 2 Welcome to the new way to find your favorite Google products. Click the grid 'to have a loch. 10/24/2013 Page 1 of 1 •w W5 (I;, wl,TmTmt http: / /www.co.palm- beach .fl.us /webcams /slwi /Wes001t.jpg 10/24/2013 Page 1 of 1 s•w i _ mot, �`. flijej, mm t WOW- http: / /capeanngranite. files. wordpress .com /2013 /08 /jetty_coneyisland jpg 11/4/2013 Page 1 of 1 a. 1 1i ��•t3a"Y - w _ ���E,42 http :llcdn.c.photoshelter.coinlimg- get /I0000JmdBRDutSYllsl8 S018801Jetty- Rocks - Coney -... 11/4/2013 Page 1 of 1 http://www.jettypark.org/rocksbeach.jpg 10/8/2013 Page 1 of 1 http: / /i21.photobucket. corn / albums /1255 /alexisdeleon2 /jetty.jpg 101$12013 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: October 29, 2013 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 RATIFICATION OF SCRWTDB ACTIONS ITEM BEFORE COMMISSION This item is before the City Commission to ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board ( SCRTWD) at their Quarterly Meeting of October 17, 2013. BACKGROUND By a vote of 4 to 0, the SCRWTD Board approved the following action: Authorization to amend Section 12 of the Board Rules to delete "Supplement for Relief Operators ". RECOMMENDATION Recommend ratification of the action approved by the SCRWTD Board on October 17, 2013. I 1 r 1. V RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF OCTOBER 17, 2013 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on October 17, 2013, by a vote of 4- 0,gave AUTHORIZATION TO AMEND SECTION 12 OF THE BOARD RULES TO DELETE "SUPPLEMENT FOR RELIEF OPERATORS" AS FOLLOWS: SECTION 12. SUPPLEMENT FOR RELIEF OPERAT012§! .._ QpeFateF" by the ExepLttive ■ eqUal .1% base hGuF!y pay GIUFiRg the time they aFe desigRated as the "R .. AND REPLACE WITH. "SUPPLEMENT FOR DAY LEAD OPERATORS AND MECHANICS" as follows: SECTION 12. SUPPLEMENT FOR DAY LEAD OPERATORS AND MECHANICS: Operators and Mechanics who are assigned the responsibility of and designated as the "Day Shift Lead Operator" or "Day Lead Mechanic" by the Executive Director shall be entitled to a supplement equal to ten percent (10 %) of their base hourly pay during the time they are designated as the "Day Shift Lead Operator" or "Day Lead Mechanic ". In addition to the duties of a "Shift Lead Operator" the "Day Shift Lead Operator" shall assist and fill in for the "Chief of Operations" during their absence. In addition to their duties as a "Mechanic" the 'Da Lead Mechanic" shall assist and fill in for the "Chief of Maintenance" during their absence. Positions and salary increases previously approved in 2013 -2014 Operating Budget_ [RATIFICATION TO AMEND SECTION 12 OF THE BOARD RULES CONTINUED ON PAGE 21 Delray Beach Ratification 10 -17 -2013 South Central Regional Ratification to Amend Section 12 of Board Rules October 17, 2093 Page 2 of 2 WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , by a vote. CITY OF DELRAY BEACH By: Mayor /City Manager Attest: City Clerk Approved as to form: City Attorney Delray Beach Ratification 10 -17 -2013 MEMORANDUM TO: Mayor and City Commissioners FROM: Tracie M. Lutchmansingh, P.E., Assistant City Engineer Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: October 25, 2013 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 HOLD HARMLESS AGREEMENT /DELRAY PLACE, LLC./DELRAY PLACE ITEM BEFORE COMMISSION The item before Commission is to approve and authorize the Mayor to execute a Hold Harmless Agreement with Delray Place, LLC (Developer) for work performed within the State right -of -way (Federal Highway) for the development known as Delray Place. BACKGROUND Delray Place is a 9.95 acre redevelopment project which includes demolition of the existing buildings and construction of a new commercial shopping center. The project is located at 1801 and 1845 South Federal Highway, at the southeast corner of Linton Boulevard and Federal Highway. Utility improvements proposed for this project include water service connections to an exisitng water main along Federal Highway. Water service connections made along Federal Highway is within the Florida Department of Transportation (FDOT) Right -of -Way, as a result, a permit from FDOT is required. Since the City will be maintaining that part of the service within the FDOT right -of -way, FDOT requires that the City sign the permit application. The Hold Harmless Agreement provides the City with a one year warranty for all work completed within FDOT right -of -way by the Developer. RECOMMENDATION Staff recommends approval of the Hold Harmless Agreement with Delray Place, LLC. a Q Z O Q U O J a r; I ti u • r m 0 .S J .� V MH 1paap9. t 'r Will, L a m LM a� 3 z LM a, a� LAM s 0 CA Ln RCT 00 Tmq 06 0 00 Tmq HOLD HARMLESS AGREEMENT FOR WORK PERFORMED WITHIN THE STATE RIGHT -OF -WAY THIS HOLD HARMLESS AGREEMENT, is entered into this 15th_ day of October, 2013 by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY ") and Delray Place, LLC, (hereinafter referred to as "DEVELOPER ") WITNESSETH: WHEREAS, DEVELOPER wishes to install /construct utilities in the right -of -way of the State of Florida; and WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the installation/construction to take place in the State right -of -way; and WHEREAS, the CITY is required to indemnify and hold harmless the State for the work performed by DEVELOPER in the State right -of -way; and WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and defend the CITY and the State for the work performed in the State right -of -way by the DEVELOPER, its contractor or agent. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. DEVELOPER, in consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY and the State, their agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, including, but not limited to reasonable attorney's fees and costs at the trial and appellate levels, which may result from any activity conducted by DEVELOPER, its contractors or agents in. relation to the work performed in the State right -of -way and as more particularly show on the engineering plans submitted for the development known as Delray Place. 3. DEVELOPER warrants and guarantees to the CITY that all work on the utility improvement shall be constructed in accordance with the applicable codes of the City of Delray Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in effect for one year from the date of final acceptance. Unremedied defects identified for correction during the warranty /guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee and warranty. Defects in the installation or construction of the utility improvement, which are remedied as a result of obligations of the warranty /guarantee shall subject the remedied portion of the work to an extended warranty /guarantee period of one year after the defect has been remedied. DEVELOPER shall deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER in the DEVELOPER'S faithful observance of the guarantee. 4. DEVELOPER, shall supervise and direct the installation and construction of the utility improvement, applying such skills and expertise as may be necessary to perform the work in accordance with the approved engineering plans. DEVELOPER shall be solely responsible for the means, methods, techniques, sequences and procedures of the construction and installation of the utility improvement. 5. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 6, This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the constriction or installation of the utility. There are no representations or 2 understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 7. DEVELOPER or its contractor shall maintain worker's compensation insurance in an amount required by law and general liability insurance in the amount of one million dollars ($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY and the State as additional named insureds. DEVELOPER or its contractor shall provide this information to the CITY on a Certificate of Insurance, that is acceptable to the CITY, prior to commencing installation or construction. S. DEVELOPER shall be bound by all the terms and conditions found in the Utility Permit Agreement between the CITY and the State for this project and attached hereto as Exhibit ❑AR. Clerk, 9. This agreement shall not be valid unless signed by the City's Mayor and City IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By; City Clerk Approved as to Form: By: City Attorney 3 CITY OF DELRAY BEACH, FLORIDA IN Cary D. Glickstein, Mayor WITNESSES STATE OF FLORIDA COUNTY OF PALM BEACH DEVELOPER: Delray Place, LLC, by: Delray PlaceManager, Inc., its Manager, by: Louis Carosella, Vice President By:_ 91v4- Louis Carosella, Vice President (Print or Type Name) The foregoing instrument was acknowledged before me this 15th day of October, 2013 by Louis Carosella Vice President (name of officer or agent, title of officer or agent) of Delra Place Mana er, Inc the Manager of Delrqy Place LLC (name of corporation acknowledging), a Florida limited liabilit y company (state or place of incorporation) corporation, on behalf of the corporation. He is personally known to me wed (type of identification) as identification and did (did not) tape an oath. MUCESURNS M1'GDAdM[591AME1424i7 f -`Z ; R t ° : Si l e of Notary I'll lic- State of Florida 4 MicWle umns (Print or Type Name) Re ecca Yates r` (print or Type Name) STATE OF FLORIDA COUNTY OF PALM BEACH DEVELOPER: Delray Place, LLC, by: Delray PlaceManager, Inc., its Manager, by: Louis Carosella, Vice President By:_ 91v4- Louis Carosella, Vice President (Print or Type Name) The foregoing instrument was acknowledged before me this 15th day of October, 2013 by Louis Carosella Vice President (name of officer or agent, title of officer or agent) of Delra Place Mana er, Inc the Manager of Delrqy Place LLC (name of corporation acknowledging), a Florida limited liabilit y company (state or place of incorporation) corporation, on behalf of the corporation. He is personally known to me wed (type of identification) as identification and did (did not) tape an oath. MUCESURNS M1'GDAdM[591AME1424i7 f -`Z ; R t ° : Si l e of Notary I'll lic- State of Florida 4 RULE 1446 Exhibit "A" STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY PERMIT 710 - 010 -85 UT[LITIES OOC -08110 PERMIT NO.: SECTION NO.: 93010 STATE ROAD 5 1 COUNTY Palm Beach FDOT construction is proposed or underway. ❑ Yes No Financial Project ID: Is this work related to an approved Utility Work Schedule? ❑ Yes I No If yes, Document Number: PERMITTEE: City of Delray Beach Utility Services Department ADDRESS: 434 South Swinton Avenue TELEPHONE NUMBER: (561) 243 -7060 CITYISTATEIZIP: Delray Beach, 171 33444 The above PERMITTEE requests permission from the State of Florida Department of Transportation, hereinafter called the FDOT, to construct, operate and maintain the following: Water service connections to the existing 12" watermain on the east side of Federal Highway FROM: Linton Boulevard TO: Eve Street Submitted for the PERMITTEE by: Name and Company (Typed or Printed Legibly) Contact Information AddresslTelephonelE -Mail (if applicable) Signature 0 Date Dennis Shultz, P.E. Flynn Engineering 41 Commercial Blvd., Lauderdale -lay- The -Sea, FI 333 CB shultz fl nnen ineerin .com `(J 1. The Permittee declares that prior to filing this application, the location of all existing utilities that it owns or has an interest in, both aerial and underground, are accurately shown on the plans and a letter of notification was mailed on 10114113 to the following utilities known to be involved or potentially impacted in the area of the proposed installation: FPL, Comcast, Att, Gas 2. The local Maintenance or Resident Engineer, hereafter referred to as the FDOT Engineer, shall be notified a minimum of forty eight (48) hours in advance prior to starting work and again immediately upon completion of work. The FDOT's Engineer is located at , Telephone Number The Permittee's employee responsible for MOT is Telephone Number (This name may be provided at the time of the forty eight (48) hour advance - notice prior to starting work). 3. All work, materials, and equipment shall be subject to inspection and approval by the FDOT Engineer. 4. All plans and installations shall conform to the requirements of the FDOT's UAM in effect as of the date this permit is approved by FDOT, and shall be made a part of this permit. This provision shall not limit the authority of the FDOT under Paragraph 8 of this Permit. 5. This Permittee shall commence actual construction in good faith within days after issuance of permit, and shall be completed within days after the permitted work has begun. If the beginning date is more than sixty (60) days from the date of permit approval, the Permittee must review the permit with the FDOT Engineer to make sure no changes have occurred to the Transportation Facility that would affect the permitted construction. 6. The construction and maintenance of such utility shall not interfere with the property and rights of a prior Permittee. 7. It is expressly stipulated that this permit is a license for permissive use only and that the placing of utilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder, except as provided in executed subordination and Railroad Utility Agreements. 8. Pursuant to Section 337.403, Florida Statutes, any utility placed upon, under, over, or along any public road or publicly owned rail corridor that is found by FDOT to be unreasonably interfering in any way with the convenient, safe, or continuous use, or maintenance, improvement, extension, or expansion, of such public road or publicly owned rail corridor shall, upon thirty (30) days written notice to the utility or its agent by FDOT, be removed or relocated by such utility at its own expense except as provided in Section 337.403(1), Florida Statutes, and except for reimbursement rights set forth in previously executed subordination and Railroad Utility Agreements, and shall apply to all successors and assigns for the permitted facility. 9. It is agreed that in the event the relocation of said utilities are scheduled to be done simultaneously with the FDOT's construction work, the Permittee will coordinate with the FDOT before proceeding and shall cooperate with the FDOT's contractor to arrange the sequence of work so as not to delay the work of the FDOT's contractor, defend any legal claims of the FDOT's contractor due to delays caused by the Permittee's failure to comply with the approved schedule, and shall comply with all provisions of the law and the FDOT's current UAM. The Permittee shall not be responsible for delay beyond its control. 10. In the case of non - compliance with the FDOT's requirements in effect as of the date this permit is approved, this permit is void and the facility will have to be brought into compliance or removed from the RIVV at no cost to the FDOT, except for reimbursement rights set forth in previously executed subordination and Railroad Utility Agreements. This provision shall not limit the authority of the FDOT under Paragraph 8 of this Permit. 11. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right, title and interest in the land to be entered upon and used by the Permittee, and the Permittee will, at all times, and to the extent permitted by law, assume all risk of and indemnify, defend, and save harmless the State of Florida and the FDOT from and against any and all loss, damage, cost or expense arising in any manner on account of the exercise or attempted exercises by said Permittee of the aforesaid rights and privileges. 12. During construction, all safety regulations of the FDOT shall be observed and the Permittee must take measures, including placing and the display of safety devices that may be necessary in order to safely conduct the public through the project area in accordance with the Federal MUTCD, as amended by the UAM. 13. Should the Permittee be desirous of keeping its utilities in place and out of service, the Permittee, by execution of this permit acknowledges its present and continuing ownership of its utilities located between and within the FDOT's RM! as set forth above. Whenever the Permittee removes its facilities, it shall be at the Permittee's sole cost and expense. The Permittee, at its sole expense, shall promptly remove said out of service utilities whenever the FDOT determines said removal is in the public interest. 14. In the event contaminated soil is encountered by the Permittee or anyone within the permitted construction limits, the Permittee shall immediately cease work and notify the FDOT. The FDOT shall notify the Permitee of any suspension or revocation of the permit to allow contamination assessment and remediation. Said suspension or revocation shall remain in effect until otherwise notified by FDOT 15. For any excavation, construction, maintenance, or support activities performed by or on behalf of the FDOT, within its R1W, the Permittee may be required by the FDOT or its agents to perform the following activities with respect to a Permittee's facilities: physically expose or direct exposure of underground facilities, provide any necessary support to facilities and/or cover, de- energize or alter aerial facilities as deemed necessary for protection and safety. Page 1 of 2 RULE 14 -46 Exhibit "A" STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY PERMIT 710 - 010 -65 UTILITIES OGC - 08/10 16. Pursuant to Section 337.401(2), Florida Statutes, the permit shall require the permit holder to be responsible ford amage resulting from the issuance of the permit. The FDOT may initiate injunctive proceedings as provided in s.120.69 to enforce provisions of this subsection or any rule or order issued or entered into pursuant thereto. 17. Pursuant to Section 337.402, Florida Statutes, when any public road or publicly owned rail corridor is damaged or impaired in any way because of the installation, inspection, or repair of a utility located on such road or publicly owned rail corridor, the owner of the utility shall, at his or her own expense, restore the road or publicly owned rail corridor to its original condition before such damage. If the owner fails to make such restoration, the authority is authorized to do so and charge the cost thereof against the owner under the provisions of s.337.404. 18. The Permittee shall comply with all provisions of Chapter 556, Florida Statutes, Underground Facilities Damage Prevention and Safety Act. 19. Special FDOT instructions: It is understood and agreed that commencement by the Permittee is acknowledgment and acceptance of the binding nature of all the above listed permit conditions and special instructions. 20. By receipt of this permit, the Permittee acknowledges responsibility to comply with Section 119.07, Florida Statutes. 21. By the below signature, the Permittee hereby represents that no change to the FDOT's standard Utility Permit form, as incorporated by reference into Rule 14- 46.001, for this Utility Permit has been made which has not been previously called to the attention of the FDOT (and signified to by checking the appropriate box below) by a separate attached written document showing all changes and the written and dated approval of the FDOT Engineer. Are there attachments reflecting changels to the standard form? F1 NO ❑ YES If Yes, pages are attached. PERMITTEE �0- VaAttZ NNwy' GN�411 �' SIGNATURE x DATE: ec Name & Title of Authorized Permittee or Agent (Typed or Printed Legibly) APPROVED BY: ISSUE DATE: District Maintenance Engineer or Designee UTILITY PERMIT FINAL INSPECTION CERTIFICATION DATE: DATE WORK STARTED: DATE WORK COMPLETED: INSPECTED BY: (Permittee or Agent) CHANGE APPROVED BY: DATE: District Maintenance Engineer or Designee I the undersigned Permittee do hereby CERTIFY that the utility construction approved by the above numbered permit was inspected and installed in accordance with the approved plans made a part of this permit and in accordance with the FDOT's current UAM. All plan changes have been approved by the FDOT's Engineer and are attached to this permit. I also certify that the work area has been left in as good or better condition than when the work was begun. PERMITTEE: SIGNATURE: DATE: Name & Title of Authorized Permittee or Agent (Typed or Printed Legibly) CC: District Permit Office Permittee �= S D = .-Xo� S �e��r^e�n� Page 2 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Tracie M. Lutchmansingh, P.E., Assistant City Engineer Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: October 25, 2013 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 HOLD HARMLESS AGREEMENT /924 SOUTH OCEAN BOULEVARD ITEM BEFORE COMMISSION The item before Commission is to approve and authorize the Mayor to execute a Hold Harmless Agreement with Lidia Soltysik - Kaminska, Zygmunt Kaminski & Piotr Marcin Kaminski (Owners) for work performed within the State Right -of -Way, South Ocean Boulevard, for property located at 924 South Ocean Boulevard. BACKGROUND 924 S. Ocean Blvd. is located in the North Beach Overlay District, on the west side of State Road Route AlA (S. Ocean Blvd.), between Hibiscus Road and Bauhinia Road. Improvements proposed for this project includes construction of a new two -story single family residence with water and sanitary sewer service connections to the respective mains on South Ocean Boulevard. The water and sewer connections to be made on South Ocean Boulevard is within the Florida Department of Transportation (FDOT) Right -of -Way, as a result, a permit from FDOT is required. Since the City will be maintaining that part of the service within the FDOT right -of -way, FDOT requires that the City sign the permit application. The Hold Harmless Agreement provides the City with a one year warranty for all work completed within FDOT right -of -way by the Developer. RECOMMENDATION Staff recommends approval of the Hold Harmless Agreement with with Lidia Soltysik - Kaminska, Zygmunt Kaminski & Piotr Marcin Kaminski. LOCATION MAP 924 S. Ocean Blvd. HOLD HARMLESS AGREEMENT FOR WORK PERFORMED WITHIN THE STATE RIGHT -OF -WAY THIS HOLD HARMLESS AGREEMENT, is entered into this 2 q day of �v- 2013 by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY ") and 'lc, �40- r- ,,,Y2V y' <APl Af. yt/ , (hereinafter referred to as "DEVELOPER "). WITNESSETH: WHEREAS, DEVELOPER wishes to install /construct utilities in the right -of -way of the State of Florida; and WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the installation/construction to take place in the State right-of-way; and WHEREAS, the CITY is required to indemnify and hold harmless the State for the work performed by DEVELOPER in the State right -of -way; and WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and defend the CITY and the State for the work performed in the State right -of -way by the DEVELOPER, its contractor or agent. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. DEVELOPER, in consideration of the payment of Ten Dollars ($ 10.00), receipt of which is hereby acknowledged. agrees to defend, indemnify, and hold harmless the CITY and the State, their agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, including, but not limited to reasonable attorney's fees and costs at the trial and appellate levels, which may result from any activity conducted by DEVELOPER, its contractors or agents in relation to the work performed in the State right -of -way and as more particularly shown on the engineering plans submitted. for the development known as � ? r `r -7Q-- _ � C4'7 3. DEVELOPER warrants and guarantees to the CITY that all work on the utility improvement shall be constructed in accordance with the applicable codes of the City of Delray Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in effect for one year from the date of final acceptance. Unremedied defects identified for correction during the warranty /guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee and warranty. Defects in the installation or construction of the utility improvement, which are remedied as a result of obligations of the warranty /guarantee shall subject the remedied portion of the work to an extended warranty /guarantee period of one year after the defect has been remedied. DEVELOPER shall deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER in the DEVELOPER'S faithful observance of the guarantee. 4. DEVELOPER, shall supervise and direct the installation and construction of the utility improvement, applying such skills and expertise as may be necessary to perform the work in accordance with the approved engineering plans. DEVELOPER shall be solely responsible for the means, methods, techniques, sequences and procedures of the construction and installation of the utility improvement. 5. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 2 6. This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of the utility. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 7. DEVELOPER or its contractor shall maintain worker's compensation insurance in an amount required by law and general liability insurance in the amount of one million dollars {$1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY and the State as additional named insureds. DEVELOPER or its contractor shall provide this information to the CITY on a Certificate of Insurance, that is acceptable to the CITY, prior to commencing installation or construction. 8. DEVELOPER shall be bound by all the terms and conditions found in the Utility Permit Agreement between the CITY and the State for this project and attached hereto as Exhibit Clerk. 9. This agreement shall not be valid unless signed by the City's Mayor and City IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: City Clerk Approved as to Form: By: City Attorney 3 CITY OF DELRAY BEACH, FLORIDA Cary D. Glickstem, Mayor WITNESSES . " x /vim; :_ (Print or Type Name) te (Print or Type Name) STATE OF FLORIDA COUNTY OF PALM BEACH DEVELOPER: Z�°c R6, A, d By: (Print or Type Name) Address Phone:.( 561 jl The foregoing instrument was acknowledged before me this 9y'4-day of , - '' n 20 a by "fit . " " g ; {�.,� � e (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a �. ' (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced (type of identifw� n) as identification and did (did not) take an oath. n /Signatur of Notary Public- State of Florida 4 �� a % p11 ivotry Public 5t�to of Florida phylli R Garcia My Commission E�130674 Explrns tl�1961x016 4 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS that I, Zygmunt Kaminski representing Kamsoft S.A residing at 700 S Ocean Blvd., Delray Beach, FL 33483, being of sound mind and legal capacity, do hereby make and appoint Jan Kaminski of 8530 Cold Towne Way, Boca Raton, FL 33433 my true and lawful attorney-in-fact, to act in my name and place, and for my use and benefit to do on my behalf anything that I can lawfully do by an attorney. This Power of Attorney shall be effective on the date of June 12th, 2011. And shall not be affected by my disability or mental incompetency, except as may be provided otherwise by an applicable state statute governed by the laws of the state of the United States. I may revoke this Power of Attorney at any time by providing written notice to my Agent. d� J Date: Principal's Signature Agreed to and accepted by: Agent's Signature: --,5 mater WITNESSES: We 1 <now the principal personalty and we believe him/her to be at least 18 years of age and of sound mind. This docurnent was signed in our presence. The principal appears to be of sound mind, and to be making this designation voluntarily, without duress, fraud or undue influence. Witness 1: Name 1C3 X27 Address Signature o n . -z. e, "L t i . _ ate !� _ / Witness 2: Name P�✓�,� Signature Date _ � f > 1r -,rx Subscribed and sworn to before me on this _ /0 day of 20// Notary's Signature Notary Public State of plorida Robed E Mooney e r MV CommrsrOn DD947c02 �'n vto Expires i?.i=2013 RULE 14-46 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY PERMIT 710 - 010-85 UTILITIES OcC - W10 PERMIT NO.: SECTION NO.: STATE ROAD,/ - /-,4 COUNTY s� c,,1,%7 FDOT construction Is proposed or underway. ❑ Yes No Financial Project ID: Is this work related to an approved Utility Work Schedule? ❑ Yes No If yes, Document Number: PI= RMITTIrE: /�`' ` ADDRESS: �✓� � TELEPHONE NUMBER: ( -� CITY /STATEOP: The above PERMITTEE requests permission from the State of Florida Department of Transportation, hereinafter called the FDOT, to construct, operate and maintain the following: �GT� =� S�Rvtc -C � SatoT, SN;- Rvrte- Go,nNec.i� FROM: TO: Submitted for the PERMITTEE by: Name and Company (Typed or Printed Legibly) Contact Information AddresslTelephonelE -Mall (if applicable) Signafure Date �1 �// �. ✓r ���� r/ 229 lee r r > �r 1. The Permittee declares that prior to filing this application, the location of all existing utilities that it owns or has an interest in, both aerial and underground; are accurately shown on the plans and a letter of notification was mailed on 0 – % to the following utilities known to be involved or potentially impacted in thg area of the proposed installation,— 2. The local Maintenance or Resident Engineer, hereafter referred to as the FDOT Engineer, shall be notified a minimum of forty eight (48) hours in advance prior to starting work and again immediately upon completion of work. The FDOT's Engineer is located at , Telephone Number The Permittee's employee responsible for MOT is Telephone Number (This name may be provided at the time of the forty eight (48) hour advance - notice prior to starting work). 3. All work, materials, and equipment shall be subject to inspection and approval by the FOOT Engineer. 4. All plans and installations shall conform to the requirements of the FOOT's UAM in effect as of the date this permit is approved by FOOT, and shall be made a part of this permit. This provision shall not limit the authority of the FOOT under Paragraph 8 of this Permit. 5. This Permittee shall commence actual construction in good faith within days after issuance of permit, and shall be completed within days after the permitted work has begun. If the beginning date is more than sixty (60) days from the date of permit approval, the Permittee must review the permit with the FOOT Engineer to make sure no changes have occurred to the Transportation Facility that would affect the permitted construction. 6. The construction and maintenance of such utility shall not interfere with the property and rights of a prior Permittee. 7. It is expressly stipulated that this permit is a license for permissive use only and that the placing of utilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder, except as provided in executed subordination and Railroad Utility Agreements. 8. Pursuant to Section 337.403, Florida Statutes, any utility placed upon, under, over, or along any public road or publicly owned rail corridor that is found by FDOT to be unreasonably interfering in any way vvith the convenient, safe, or continuous use, or maintenance, improvement, extension, or expansion, of such public road or publicly owned rail corridor shall, upon thirty (30) days written notice to the utility or its agent by FOOT, be removed or relocated by such utility at its own expense except as provided in Section 337.403(1), Florida Statutes, and except for reimbursement rights set forth in previously executed subordination and Railroad Utility Agreements, and shall apply to all successors and assigns for the permitted facility. 9. It is agreed that in the event the relocation of said utilities are scheduled to be done simultaneously with the FOOT's construction work, the Permittee will coordinate with the FOOT before proceeding and shall cooperate with the FOOT's contractor to arrange the sequence of work so as not to delay the work of the FOOT's contractor, defend any legal claims of the FOOT's contractor due to delays caused by the Permittee's failure to comply with the approved schedule, and shall comply with all provisions of the law and the FOOT's current UAM. The Permittee shall not be responsible for delay beyond its control. 10. In the case of non - compliance with the FOOT's requirements in effect as of the date this permit is approved, this permit is void and the facility will have to be brought into compliance or removed from the R!W at no cost to the FOOT, except for reimbursement rights set forth in previously executed subordination and Railroad Utility Agreements. This provision shall not limit the authority of the FOOT under Paragraph 8 of this Permit. 11. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right, title and interest in the land to be entered upon and used by the Permittee, and the Permittee will, at all times, and to the extent permitted by law, assume all risk of and indemnify, defend, and save harmless the State of Florida and the FOOT from and against any and all loss, damage, cost or expense arising in any manner on account of the exercise or attempted exercises by said Permittee of the aforesaid rights and privileges. 12. During construction, all safety regulations of the FOOT shall be observed and the Permittee must take measures, including placing and the display of safety devices that may be necessary in order to safely conduct the public through the project area in accordance with the Federal MUTCD, as amended by the UAM. 13. Should the Permittee be desirous of keeping its utilities in place and out of service, the Permittee, by execution of this permit acknowledges its present and continuing ownership of its utilities located between and within the FDOT's RAN as set forth above. Whenever the Permittee removes its facilities, it shall be at the Permittee's sole cost and expense. The Permittee, at its sole expense, shall promptly remove said out of service utilities whenever the FOOT determines said removal is in the public interest. 14. In the event contaminated soil is encountered by the Permittee or anyone within the permitted construction limits, the Permittee shall immediately cease work and notify the FOOT. The FOOT shall notify the Permiee of any suspension or revocation of the permit to allow contamination assessment and remediation. Said suspension or revocation shall remain in effect until otherwise notified by FDOT 15. For any excavation, construction, maintenance, or support activities performed by or on behalf of the FOOT, within its R/W, the Permittee may be required by the FOOT or its agents to perform the following activities with respect to a Permittee's facilities: physically expose or direct exposure of underground facilities, provide any necessary support to facilities and/or cover, de- energize or alter aerial facilities as deemed necessary for protection and safety. Page 1 of 2 DA1. RULE 14-06 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 716 -0to-a5 UT-c&iS UTILITY PERMIT acc aa+10 16. Pursuant to Section 337.401(2), Florida Statutes, the permit shalt require the permit holder to be responsible for damage resulting from the issuance of the permit. The FDOT may initiate injunctive proceedings as provided in s.120.69 to enforce provisions of this subsection or any rule or order issued or entered into pursuant thereto. 17. Pursuant to Section 337.402, Florida Statutes, when any public road or publicly owned rail corridor is damaged or impaired in any way because of the installation, inspection, or repair of a utility located on such road or publicly owned rail corridor, the owner of the utility shall, at his or her own expense, restore the road or publicly owned rail corridor to its original condition before such damage. if the owner fails to make such restoration, the authority is authorized to do so and charge the cost thereof against the owner under the provisions of s.337.404. 18. The Permittee shall comply with all provisions of Chapter 556, Florida Statutes, Underground Facilities Damage Prevention and Safety Act. 19. Special FDOT instructions: It is understood and agreed that commencement by the Permittee is acknowledgment and acceptance of the binding nature of all the above listed permit conditions and special instructions. 20. By receipt of this permit, the Permittee acknowledges responsibility to comply with Section 119.07, Florida Statutes. 21. By the below signature, the Permittee hereby represents that no change to the FDOT's standard Wily Permit form, as incorporated by reference into Rule 14- 46.001, for this Utility Permit has been made which has not been previously called to the attention of the FDOT (and signified to by checking the appropriate box below) by a separate attached written document showing all changes and the written and dated approval of the FDOT Engineer. Are there attachments reflecting changels to the standard form? ❑NO ❑ YES If Yes, pages are attached. PERMITTEE (2 SIGNATURE INSPECTED BY: DATE: CHANGE APPROVED BY: Name & Title of Authorized Permittee or Agent (Typed or Printed Legibly) j /����y A01"' —& � d k6149,1- Ab `� fC APPROVED BY: ISSUE DATE: District Maintenance Engineer or Designee UTILITY PERMIT FINAL INSPECTION CERTIFICATION DATE: DATE WORK STARTED: DATE WORK COMPLETED: INSPECTED BY: ( Permittee or Agent) CHANGE APPROVED BY: DATE: District Maintenance Engineer or Designee the undersigned PermMee do hereby CERTIFY that the utility construction approved by the above numbered permit was inspected and installed in accordance with the approved plans made a part of this permit and in accordance with the FDOT's current UAM. All plan changes have been approved by the FDOT's Engineer and are attached to this permit. I also certify that the work area has been left in as good or getter condition than when the work was begun. PERMIT-TEE: SIGNATURE: DATE, Name & Title of Authorized Permittee or Agent T d or Printed Legibly) CC: District Permit Office Permittee Page 2 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Randal Krejcarek, P.E., City Engineer Victor Majtenyi, Interim Director of Environmental Services THROUGH: Louie Chapman, Jr., City Manager DATE: October 18, 2013 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 REQUEST FOR A SIDEWALK DEFERRAL /729 LAKE SHORE DRIVE ITEM BEFORE COMMISSION The item before Commission is the approval of a sidewalk deferral for the propery located at 729 Lake Shore Drive. BACKGROUND The subject property is 0.38 acres and contains a single family residence. It is located on the north side of Lake Shore Drive, between N.W. 8th Avenue and N.W. 6th Avenue. The property is zoned Single Family Residential (R- 1 -AA). The location map is attached for your review. The proposed project is a previously demolished lot, in which the Owner will construct a single family residence. Currently, there are no plans to install a sidewalk along the north side of Lake Shore Drive in the vicinity of the subject residence. At its meeting of October 17, 2013, the Development Services Management Group (DSMG) supported the sidewalk deferral. REVIEW BY OTHERS The agreement has been reviewed by the City Attorney and has been approved as to form. RECOMMENDATION Staff recommends approval of the Sidewalk Deferral agreement for the property located at 729 Lake Shore Drive. Location Map Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of 20___, between the City of Delray Beach (hereinafter the City) and _Michael Madnick (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along _729 Lake Shore Drive until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the _Lake Shore Drive_ right- of-way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. WITNESSETH : 1 . 0 J;. ..NAB Shared Data :1 Custom Homes: Madnick New House: MadnIck Permits: Main Permit.-side-walk deferral agmt.doc NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: 729 Lake Shore Drive S/D of 8 -46 -43 NLY 153.03ft of W 110ft of ELY 337.24ft of NW 1/4 or TR 3 LYG N of & Adj to Lakeshore Dr R/W 12- 43- 46- 08 -21- 003 -0020 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the Lakes Shore Drive_ right-of-way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of ATTEST: City Clerk Approved as to form and sufficiency: City Attorney WIWESSES: 'J� I 20 . CITY OF DELRAY BEACH, FLORIDA LOU Mayor OWNER: i By: -. NMB Shared Data: l Custom Homes:Madnick New House:Madn2ck Permits: Main Permit :sidewalk deferral agmt.doc 6 (Please typv, or print name)y YJ 1� �° sr (Please type or print name) STATE OF g.e �VCN� C } COUNTY OF Vr` ',.b,k .c ) BEFORE ME personally appeared )NKXC k� cliff -. who [is] [are] personally known tome or [has] [have] produced � ,'' e [and , respectively] as identification, and who exeJuted the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this My commission expires: ikl, agt / sidewalk deferral agreement -y, 1 L9 day of . ��'� >% , 20 '7 s — ature) No ublic ;'•� * "YP`a -'-- AMY BUNDY A,' ' SeM al *s _ COMMISSION #FF049228 r .rLp ''• ",�oF�o, ;• EXPIRES August 28, 2017 (407) 398 -0153 Florid allotaryservice.com NMB Shared Data: l Custom Homes: Madnick New House: MadtSek Permits: Main Permit.-sidewalk deferral agmt. doe 2012 Values (Current) Exterior Wall l [QSTU[[O 2012 Taxes Year Built improvement Value $204,159 4. Ad Valorem $3,841 FORCED AIR DUCT k 5. Land Value $209,612 6. Non Ad Valorem $238 5 7. Total Market Value $413,771 S. Total Tax $4,079 0 3. Assessed Value $209,325 Exemption Amount $50,000 No Details Found Taxable Value $159,325 Applicants No Details Found year Build! g Footprint (Building 1) Subarea and Square Footag (Building 1) BAS BASE AREA 1 2208 FOP FINISHED OPEN PORCH 2 ISO UOP UNFINISHED OPEN PORCH 3 96 UGR UNFINISHED GARAGE 4 340 UST UNFINISHED STORAGE 5 48 UOP UNFINISHED OPEN PORCH 6 56 xg UOP UNFINISHED OPEN PORCH 7 133 Total Square Footage: 3061 Total Area Under Air: 2208 Extra Features SCREEN ENCLOSURE 678 �esc���icw Unh PATIO 260 SPA I PATIO 682 Unit may represent the perimeter, square footaoe. Unearfootage. total number or other measurement. ��a ��8 itrmctw�i Details (Building 1) | MAP l. Exterior Wall l [QSTU[[O 2. Year Built 3. Air Condition Desc.117l������ 4. Heat Type FORCED AIR DUCT k 5. Heat Fuel ELECTRIC 6. Bed Kmonns 5 7. Full Baths 3 S. Half Baths 0 3. Exterior Wall 2 N//4 � � � � � w 4�- � � o o � � o � � MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Randal Krejcarek, P.E., City Engineer Victor Majtenyi, Interim Director of Environmental Services THROUGH: Louie Chapman, Jr., City Manager DATE: October 18, 2013 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 REQUEST FOR A SIDEWALK DEFERRAL/ 825 LAKE SHORE DRIVE ITEM BEFORE COMMISSION This item before Commission is the approval of a sidewalk deferral in front of 825 Lake Shore Drive. BACKGROUND The subject property is 0.55 acres and contains a single family residence. It is located on the north side of Lake Shore Drive between N.W. 9th Road and N.W. 8th Avenue. The property is zoned Single Family Residential (R -1 -AAA). The location map is attached for your review. The proposed project is a previously demolished lot, in which the Owner will construct a single family residence. Currently, there are no plans to install a sidewalk along the north side of Lake Shore Drive in the vicinity of the subject residence. At its meeting of October 17, 2013, the Development Services Management Group (DSMG) supported the sidewalk deferral. REVIEW BY OTHERS The agreement has been reviewed by the City Attorney and has been approved as to form. RECOMMENDATION Staff recommends approval of Sidewalk Deferral agreement for the propery located at 825 Lake Shore Drive. Location Map Prepared By: RETURN TO. R Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK 1fNlPROVENIENTS THIS AGREEMENT entered into this day of 10 2013, between the City of Delray Beach (hereinafter the City) and Jonathan Fedele and Ximena Fedele (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along 825 Lake Shore Drive until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the Lake Shore Drive right-of-way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy, and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. I WITNESSETH NOW, TUEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: 825 Lake Shore Drive Lake Ida Shores In, Lot 1 & E' /Z of Lot 2 Block 1 12- 4346- 08 -18 -001 -0010 I . The Owner agrees to construct a sidewalk, at its sole cost and expense, along the Lake Shore Drive right -of -way abutting the subject property, within a time period that is acceptable to the City, alter being requested to do so by the City, The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This .Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be bidding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of 2013. ATTEST: City Clerk Approved as to form and sufficiency: City Attorney K CITY OF DELRAY BEACH, FLORIDA LIM Mayor WrrNESSES. (Please type or print name) (Please type or print name) OWNER: By. 3onathan �Fedele or V'tmena Fedele STATE OF FLORIDA) COUNTY OF PALM BEACH) BEFORE ME personally appeared ® iq t,w � � who is personally known to me and who executed the foregoing instrument, and acknowledged bef ore me that they executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this r� day of k1 (Seal) MY COMMISSION # EE098178 4f,!k, EXPIRES May 26, 2Q15 (447) 398 -oIS3 FlorrdaNataryServEce,com MEMORANDUM TO: Mayor and City Commissioners FROM: PAUL DORLING, AICP, LEED GA, DIRECTOR OF PLANNING AND ZONING THROUGH: LOUIE CHAPMAN JR.,CTrY MANAGER DATE: October 30, 2013 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 PROPOSAL FOR CONSTRUCTION ADMINISTRATION /COASTAL PLANNING & ENGINEERING, INC. ITEM BEFORE COMMISSION This proposal is for Construction Administration scope of work tasks for the north end beach renourishment project (north end) which will include construction observation and assistance with permit compliance services associated with the US Army Corps of Engineers (USACE), Flood Control and Coastal Emergency (FCCE) renourishment of Delray Beach. The US Army Corps of Engineers will renourish the north end of Delray Beach with FCCE funds approved for repairing federally authorized projects damaged by Hurricane Sandy. The construction cost is estimated to be $4,040,000, entirely funded by the Federal Government, State of Florida and Palm Beach County. BACKGROUND Although the USACE is responsible for constructing the project, the Florida Department of Environmental Protection (FDEP) permit for the project was issued to the City of Delray Beach through a modification of the existing permit used for the 2013 renourishment project. As a result, the City is ultimately responsible for compliance with all the conditions and requirements of the FDEP permit, as it was for the 2013 Beach Renourishment Project. The USACE anticipates that the City will assume responsibility for certain requirements contained in the FDEP permit. Although the USACE is administering construction, it is also in the City's best interest to be involved and stay well - informed of project matters on a frequent basis to ensure that compliance is being met and to avoid any permit violations. Permit violations could result in noncompliance citations, enforcement actions and/or fines from the FDEP. The attached scope of work outlines the personnel that will be utilized for these tasks and estimated hours and related fee schedules. The tasks are explained in detail in the attached correspondence from Coastal Planning and Engineering, Inc. The proposed fee for this task is not to exceed $50,619.00. FUNDING SOURCE Funds are available from 332- 4164 -572 -31.30 (Beach Restoration Fund). This task is 100% reimbursable from Federal, State, and County funding sources. RECOMMENDATION By motion, approve authorization for Coastal Planning & Engineering, Inc. to proceed with the Construction phase scope of services. i October 16, 2013 Mr. Paul Dorling Director of Planning & Zoning City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Coastal Planning & Engineering, Inc., A CB &I Company 2489 NW Boca Raton Blvd. Boca Raton, FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.CB[.com Re: Flood Control and Coastal Emergency Beach Renourishment; Engineering Construction Phase Scope of Services for Construction Observation and Permit Compliance Dear Mr. Dorling: Please accept this proposal for construction observation and assistance with permit compliance services for the U.S. Army Corps of Engineers (USACE) Flood Control and Coastal Emergency (FCCE) renourishment of Delray Beach, The U.S. Army Corps of Engineers (USACE) will renourish the north end of Delray Beach with FCCE funds approved for repairing federally authorized projects damaged by Hurricane Sandy. The construction cost is estimated to be $4,040,000, entirely funded by the Federal government, State of Florida and Palm Beach County. No City funding will be required for the construction cost associated with this repair project. This segment was not included in the 2013 beach renourishment project because the area was not part of the project permits or the approved Limited Reevaluation Report (LRR) that authorized construction. Hurricane Sandy occurred after the beach renourishment permits were issued and the City was already in the process of arranging for a dredge contractor, However, in response to the effects of Hurricane Sandy, the City constructed a dune restoration project in the north end, repairing storm damage to the dunes. To address storm impacts to the rest of the beach, the USACE project will result in the restoration of about a mile -long portion of the beach seaward of the dunes at the north end of the City. Project construction could begin as early as November 20, 2013, and is anticipated to be complete by April 15, 2014. The borrow areas developed by the City and utilized for the recent 2013 renourishment will provide the sand source for the FCCE renourishment project. The plans and specifications have been completed and the USACE has awarded the project. Although the USACE is responsible for constructing the project, the Florida Department of Environmental Protection (FDEP) permit for the project was issued to the City of Delray Beach through a modification of the existing permit used for the 2013 renourishment project. As a result, the City is ultimately responsible for compliance with all the conditions and requirements of the FDEP permit, as it was for the 2013 beach renourishment project. The USACE anticipates that the City will assume responsibility for certain requirements contain in the FDEP permit. Although the USACE is administering construction, it is also in the City's best interest to be involved and stay well- informed of project matters on a frequent basis to ensure that compliance is being met and avoid any permit violation. Permit violations could result in noncompliance citations, enforcement actions and/or fines from the FDEP. MM- We propose to serve as the City's agent for this project. Our personnel are currently and have been the engineers of record for the projects dating back to 1978. We are intimately familiar with all aspects of the beach renourishment program for Delray Beach and will be a valuable resource for the USACE. We developed the borrow areas (sand source) to be used for the USACE project and can assist the USACE if any adjustments are required. We have worked closely with the USACE in the development of the project including modification of the FDEP permit originally used for the 2013 beach renourishment project and have provided key input regarding various aspects of the project. We will continue to coordinate closely with the USACE and will address questions concerning permit compliance, and other issues of coordination for the beach renourishment project throughout construction. The construction phase scope of services includes the follow services: 1. Administration: The project manager will be responsible for daily general construction observation administration with assistance from other senior staff as appropriate. As the City's agent for the project, we will provide close coordination between the City, the permit regulators and the USACE to protect the City's interests. We will assist the USACE with engineering, environmental, sediment source and all permit compliance aspects of the project as needed to promote a successful beach repair. We will prepare a draft letter to be provided to the City indicating that Coastal Planning & Engineering, Inc. will be the City's agent for the project. The letter will be provided to the USACE to formalize the arrangement between the parties. 2. Pre - Construction Conference: We will attend the pre - construction conference for the FCCE renourishment project. The pre- construction conference is required as a permit condition. Participants will include the City, the Contractor, the FDEP, the USACE, other environmental agencies and the marine turtle permit holder as well as our personnel. The permits will be reviewed and discussed as required by the permit. We will participate in the meeting and provide input as related to the project and scope of work, the construction methodology, technical specifications and schedule, construction access and work areas, and the specific conditions of the permits and approvals for the project. If time permits, the conference will be held at least 14 days prior to the commencement date of construction. 3. Engineering Construction Observation: Construction observations will be conducted to determine if construction of the beach renourishment project is substantially in compliance with the plans and specifications referenced in the permit, and with permit authorizations granted for the work. It is assumed the dredging portion of the construction phase will be about 14 days long. The project permits will require that the project is constructed in compliance with the plans, which are based on the permit drawings. During the beach renourishment construction, we will be on -site every day of active work to observe the compliance of the beach renourishment project with regulatory approvals. An engineering representative familiar with construction observation and construction administration will observe construction daily, with periodic evening visits, and be on call throughout project construction. We will also provide office engineering support during the construction phase. The FDEP permit requires compliance with a sediment QA/QC plan. Sand quality, as placed on the beach, will be assessed daily as required by the FDEP permit. We will collect sand samples and prepare and submit the permit - required sediment testing results report, which is a direct task delegated to the City by the USACE. £ M �. Beach survey data will be collected by the contractor, which we will review for quality assurance and provide confirmation of the computation of fill placement volumes provided by the contractor. We will also review the permit - required water quality monitoring reports provided by the dredge contractor's water quality monitoring entity and submit them to the FDEP. Following notification that construction activities are deemed to be complete and all payment sections have been approved, we will observe the construction and staging areas. If applicable, a punch list of remaining tasks or actions to be addressed by the Contractor will be prepared and provided to the USACE. We will conduct a final observation of the construction and staging areas following final clean up. 4. Post- Construction Physical Monitoring Report: In accordance with the Physical Monitoring Plan for the City of Delray Beach Renourishment Project, topographic and bathymetric surveys of the beach, offshore, and borrow site areas will be collected by the USACE. The post - construction monitoring event will consist of topographic and bathymetric surveys of the beach and borrow areas. However, the USACE will not be preparing the permit - required post - construction monitoring report. Therefore, the USACE will provide the survey data to the City in order to complete the engineering analysis and report. We will prepare and submit the engineering report and the monitoring data to the BBCS within 90 days following completion of the post - construction survey. The report will summarize and discuss the data, the performance of the beach fill project, and identify erosion and accretion patterns within the area constructed by the USACE. The report shall specifically document the beach volume, the project berm width, shoreline position, and indicate the volume remaining both above and below the mean high water line. In addition, the report will include a comparative review of project performance to performance expectations, if applicable, and identification of adverse impacts attributable to the project. Appendices will include plots of survey profiles and graphical representations of volumetric and shoreline position changes for the monitoring area. Results will be documented for determination of patterns, trends, or changes between annual surveys and cumulatively since project construction. Two paper copies and one electronic copy of the monitoring report, and one electronic copy of the survey data will be submitted to the Bureau of Beaches and Coastal Systems in Tallahassee. Assumptions and Summary The USACE will be responsible for project construction, but the City is the permittee and will be responsible for regulatory compliance and associated requirements. We will advise the City concerning permit compliance and general construction compliance and prepare the sediment testing results report and the post - construction engineering monitoring report. No surveying or modeling services are assumed to be required, and are not included in this scope of services. The cost to provide the described services is $50,619 on a lump sum basis. A detailed cost estimate spreadsheet for the services proposed is included with this proposal. The services proposed herein will be performed in accordance with this proposal and the agreement between the City of Delray Beach and Coastal Planning & Engineering, Inc., a CB &I Company. Thank you for your consideration of this proposal. If you should have any questions, please call me. ce el , o � Y Rich rd H. Spadoni Executive Director Coastal Planning & Engineering, Inc. Please Reply To: Rick Spadoni Phone: 561.361.3146 E -Mail Address: Richard.S adoni�@cbi.com Enclosure cc: Tom Pierro, P.E., CB &I Michelle Pfeiffer, P.E., CB &l Stacy Prekel, CB &I Sheri Dindial, CB &I CITY OF DELRAY BEACH, FL FEE PROPOSAL FOR FIFTH BEACH RENOURISHMENT PROJECT FLOOD CONTROL AND COASTAL EMERGENCY RENOURISHM ENT CONSTRUCTION OBSERVATION AND PERMIT COMPLIANCE Total Cost Per Taask ($) Principal Engineer (Hours) Prgect Manager (Hours} Senior Coastal Engineer Hours) Coastal Engineer (Hours) Professional Geologist (Hopis) LABOR COSTS Project Geologist (Hours) Geologist (Hours} Project giol°gist (Hours) Professional Surveyor& Mapper (Hours) Project Surveyor (Hours) gO90eeper (Hours) Clerical (Hours) 1. ADMINISTRATION $5,069 a. GENERAL ADMINISTRATION 1 4 2 2 3 4 h. MEETINGS 4 4 2 c. PROJECT STATUS REPORTS 2 4 4 2. PRE - CONSTRUCTION CONFERENCE $1,360 a. PRE - CONSTRUCTION CONFERENCE 4 4 3. CONSTRUCTION OBSERVATION AND PERMIT COMPLIANCE $32,365 a. CCNSTRIICTICN CBSERVATION (14 DAYS) 2 24 56 56 2 It. SEDIMENTQAIQC 2 4 18 1 2 30 c. WATER QUALITY MONITORING 2 2 8 d, VEETINGSICOORDINATION 8 8 8 4. POST - CONSTRUCTION MONITORING REPORT $11,825 _..,.� ..... a. SURVEY DATA COORDINAT{ON 1 2 2 2 d. ENGINEERING CALCULATIONS 1 2 40 e. REPORT 1 4 40 Total Hours = 3 52 91 180 1 2 30 2 2 2 3 4 Rate - S215 $185 $155 S120 $135 $125 $100 5120 $155 $910 $74 $fib C°s1= Sfi45 59,620 $14,105 $21,500 $135 $250 $3,000 S240 $310 $220 $222 $272 TOTALCOSTS- $50,b19 MEMORANDUM TO: Mayor and City Commissioners FROM: Rafael Ballestero, Deputy Director of Construction Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: October 14, 2013 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 CONTRACT CLOSEOUT (CO NO. 1/FINAL)/INTERCOUNTY ENGINEERING, INC./ CONGRESS AVENUE FORCE MAIN REPLACEMENT ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 1 /Final) in the net deduct amount of ($155,638.03) and a final payment amount of $23,949.63 to Intercounty Engineering, Inc., for completion of the Congress Avenue Force Main Replacement Project #12 -067. BACKGROUND In January 2012, the City experienced a failure on the sanitary sewer force main at the intersection of Congress Avenue and Lowson Blvd. The force main conveys sanitary sewer from southwestern communities along Germantown Road to Lift Station #50 (located at Lowson Blvd and the E -4 Canal) where it is then re- pumped to the wastewater treatment plant. The route of this pipeline is along the eastern side of the Congress Avenue right -of -way, from Lowson Blvd south to Germantown Road, where it then crosses Congress Avenue and continues along Germantown Road to the west. The project scope consisted of the installation of approximately 3,800 feet of force main pipe using directional drill method, removal of old pipe, and pavement/landscaping restoration. Change Order No. 1 includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A ". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #689109 to 442 - 5178 -536 -68.89 (Water /Sewer Renewal & Replacement Fund/Improvements Other /Congress Ave FM Rplcmnt). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 1 /Final) in the net deduct amount of ($155,638.03) and a final payment amount of $23,949.63 to Intercounty Engineering, Inc., for completion of the Congress Avenue Force Main Replacement Project. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO, II Final (Contract Closeout) PROJECT NO. 12 -067 DATE: PROJECT TITLE: Congress Ave FM Rplemnt TO CONTRACTOR: Intercounty Engineering, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Scbedule "A ". SUMMARY OF CONTRACT AMOUNT /CHANGES ORIGINAL CONTRACT AMOUNT $953,959.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $953,959.00 COST OF CONSTRUCTION CHANGES THIS ORDER ($155,638.03) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $798,320.97 PERCENT DECREASE THIS CHANGE ORDER - 16.31% TOTAL PERCENT DECREASE TO DATE - 16.31% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. Intercounty Engineering, Inc. (Contractor to sign. & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: N/A DEPARTMENT RECOMMEND: APPROVED: Environmental Services City Attorney FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA. Bv: Mayor ATTEST: By: City Clerk S. EneAdc n\Projeas \2012112- 0671OM- CLAI-\COI Fsnal lntercovntp Congress Ave FM GC I105li.[iacx SCHEDULE "A" TO CHANGE ORDER NO. 1 / FINAL (CONTRACT CLOSEOi "T) INTERCOUNTY ENGFNEERLNG, iNC. CONGRESS AVE. FM REPLACEMENT - PROJECT NUMBER 12 -0667 ITEM NO. DESCRIPTION UNIT CONTRACT AWARD CONTRACT TO DATE EST. QTY UNIT PRICE TOTAL ACTUAL QTY. UNIT PRICE EXTENDED TOTAL QUANT ADJ. +f 1 Site Mobilization/Demobilization LS 1 $ 16,700.00 $ 16.700.00 1 $ 16,700.00 $ 16,700.00 $ 2 Maintenance ofTratiic LS 1 $ 5,500,00 $ 5,500.00 1 $ 5,500.00 $ 5,500.D0 $ 3 As -Built RecordDmwirt s LS 1 $ 8,500.00 $ 8,500.00 1 $ 8,50D.00 $ 8,500.00 $ 4 NPDES PermiUErosion Protection Measures LS 1 $ 3,100.00 $ 3,100.00 1 $ 3,100.00 $ 3,100.00 $ E Professional Video & Construction Photograpbs LS 1 $ 2,200,00 $ 2,200.00 1 $ 2,200.00 $ 2,200.00 $ 6 Indemnification LS I $ 10,00 $ 10.00 1 $ 10.00 $ 16.00 $ 7 4" PVC C900 (DR 18) FM (Push -On)- PBC ROW LF 25 $ 117.00 $ 2,925.00 0 $ 117.00 $ - $ (2,925.00) 8 4" PVC C90C (DR) 8) FM !Restrained Joint) -City ROW LF 20 $ 119,00 $ 2,380.00 24 $ 119.00 $ 2,380.00 $ - 9 4" PVC C900 (DR] 9) FM (Restrained Joint) -PBC ROW LF 80 $ 45.00 $ 3,6D0 _DO 88.00 $ 45.00 $ 3,960.00 $ 360.OD 10 6" PVC C900 (DRIB) FM (Restrained Joint) -City ROW LF 40 $ 82.00 $ 3,260.00 30 $ 82.00 $ 2,460.00 $ (820.00) 11 10" PVC C90D (DR18) FM (Pusb -On) -City ROW LF 175 $ 47.00 $ 8,225.00 122 $ 47.00 $ 5,734.00 $ (2,491.00) 12 10" PVC C900 (DRIB ) FM (Push-On)-PBC ROW LF 180 $ 4100 $ 7,740,00 12D $ 43.D0 $ 5,160.00 $ (2,580.00) 13 l0" PVC C900 (DRi 9) FM (Restrained joint) -Ci y ROW T.F 315 $ 80.00 $ 25,200.00 348 $ 80.00 $ 27,840.00 $ 2,640,00 14 10" PVC C900 (DR18) FM (Restrained Joint) -PBC ROW LF 70 $ 185.00 $ 12,950.00 86 $ 185.D0 $ 15,910.00 $ 2,960.06 15 12" DIP (CL350 ) FM (Restrained Joint) ?BC ROW LF 100 $ 130.00 $ 13,000.00 60 $ 130.00 $ 7,800.00 $ (5,200.DD) 16 12" HDPE {DR i l) DIPS LF 3,850 $ 68.00 $ 261,800.00 3,839 $ 68. DO $ 261,052,00 $ 748.00 17 Directional Drill Pit -City ROW EA 1 $ 12,500.00 $ 12,500.00 1 $ 12,5DO.00 $ 12,500.00 $ 18 Directional Drill Pit -PBC ROW EA 6 $ 15,100.00 $ 90,600,00 6.00 $ 15,100.00 $ 90,600.00 $ 19 Cul &Plug Exist. 4 "FM EA 2 $ 1,150.00 $ 2,300.00 2 $ 1,150.00 $ 2,300,00 $ 20 Cut & Plug Exist. 6" FM EA 1 $ 1,190.00 $ 1,190.00 1 $ 1,190.00 $ 1,190.00 $ 21 Cut & Plug Exist_ l0 "FM FA 1.1 5 1,350.00 $ 14,850_00 8 $ 1,350.00 $ 10,800.00 $ (4,050.00 22 Abandon Exist, 4" FM (Crroul) LF 30 S 49.00 $ 1,470.00 25 $ 49.00 $ 1,225,00 $ 245.00) 23 Abandon Exist. 6" FM (Grout) LF 10 $ 148.00 $ 1,480.00 10 $ 148.00 $ 1,480.00 $ 24 Abandon Exist_ 10" FM (Grout ) LF 860 $ 19.00 $ 16,340.00 824 $ 19.00 $ 15,656.00 $ (664.00) 25 1RemoveExistin 4" FM LF 15 S 77.00 $ 1,155.00 14 $ 77.00 $ 1,078,00 $ (77.00 26 Remove Existing 6" FM LF 35 $ 41.00 $ 1,435.00 10 $ 41.00 $ 410.00 $ (1,025.00) 27 Remove Existing 10" FM F.F 610 $ 26.00 $ 15,860.00 595 $ 26.00 $ 15,470.00 $ (390.00) 28 4" Plug Valve & Boa LA 2 S 960.00 $ 1,920.00 2 $ 960.00 $ 1,920,00 $ 29 6" Plug Valve & Box EA 1 $ 1,420.00 $ 1,420.00 1 1 $ 1,420.00 $ 1,420.00 $ 30 10" Plug Valve &Box EA 2.00 $ 2,950 DO $ 5,900.00 2 $ 2,950.00 $ 5,900.00 $ 31 12" Plu Valve &Bax EA 4 $ 3,920.00 $ 15,680.00 4 $ 3,920.00 $ 15,580,00 $ 32 Connect to Existing 4" FM EA 2 $ 730.00 $ 1,460.00 2 $ 730.00 $ 1,460.00 $ 33 ConmecttoExistmg6 "FM EA 1 $ 1,350.00 $ 1,350.00 1 $ 1,350.00 $ 1,350.00 $ 34 Connect toFxisda 10 "F[A EA 5 $ 1,685.00 $ 8,425.00 5 $ 1,685,00 $ $,425.00 $ 35 DIP Compact Fittings FM (epoxy coated ) TON 3 $ 6,570.DO $ 19,710.00 1.874 $ 6,570.00 $ 12,31218 $ (7,397.82) 35 2" ARV wlManbole EA 5 $ 10,440.00 $ 52,200.00 5 $ 10,440.00 $ 52,200.00 $ 37 Odor Control Unit for 2" ARV Manhoie EA 5 $ 2,330.00 $ 11,650.00 5 $ 2,330.00 $ 11,650.00 $ - 38 "F" Curb Restoration -City ROW LF 35 $ 16.00 $ 560.00 30 $ 16.00 $ 480.00 $ (80.00 39 "F" Curb Restoration -PBC ROW LF 150 $ 16.00 $ 2,400.00 49 $ 16.00 $ 784.00 40 6' Wide Asphalt Sidewalk Restoration (City ROW ) LF 460 $ 24.00 5 11,640.00 766 $ 24.00 $ 16,944.04 $ 5,904.00 41 7' Wide Asphalt Sidewalk Restoration (PBC ROW) LF 90 $ 43.00 $ 3,870.00 29 $ 43.00 $ 1,247,00 $ (2,623.0{ 42 8' Wide Asphalt Sidewalk Restoration PI3CR0 LF 160 $ 48.00 $ 7,680.00 187 $ 48.00 $ 8,976.00 $ 1,296.00 43 Open Cut Pavement Trench Repair (City ROW) LF 85 $ 93.00 $ 7,905.00 31 $ 9100 $ 2,663.00 $ (5,422.00) 44 Open Cut Pavement Trench Repair (PBC ROVE LF 250 $ 68.00 $ 22,000.00 244 $ 88.00 $ 21,472.00 $ (528.00 45 Mill and Resurface - PBC ROW SY 6 -_340 $ 12.50 $ 78,750.00 4,652 $ 12.50 $ 58,152.88 $ (20,597.13) 46 Restore Pavement Marking LS 1 $ 5,100. D0 $ 5,100.00 1 $ 5,100.00 $ 5,100.00 $ 47 1 As halt Driveway Re air - City ROW SF 730 $ 5.00 $ 3,650.00 551 $ 5.00 $ 2,755,00 $ (895.00 48 Replace Traffic Loop EA 222 $ 1,262.00 $ 27,764.00 14 $ 1,262.00 $ 17,668.00 $ (10,096.00) 49 Flowable Fill CY 50 $ 202, DO $ 10,1 OD. 00 7 $ 202.00 $ 1,313.00 $ (8,787.00) 50 By -Pass him ping LS 1 $ 15,135.00 $ 15,135.00 0 $ 15,135.00 $ - $ 15,135.00 51 Flushing Existing ID "FM LS 1 $ 27,000.00 $ 27,000.00 1 $ 27,000.00 $ 19,980.00 $ (7,020.00) 52 Undefined Underground Allowance (Item Below ) LS 1 $ 75,000.00 $ 75,000.00 0.0965 $ 75,000.00 $ 7,233.92 $ (67,766.08 Cost to repair a ruptured section of existing force main, in the amount of $6,352.34, which includes the restoration of 20 LF of FM, curb and sidewalk restoration, installed at contract unit prices; also, the cosf of $881.58 for the excavation of existing pipe on Old Germantown Rd, instailation of a Bell Restraint, to help protect existing main from potential damage, due to fluctuating pressures, Total cost of $7,233.92. Approved by City Manager 07126113. - - - $ 7,233.92 - - TOTAL ORIGINAL CONTRACT AWARD $953,959.00 $798,320.97 $ (155,638.03) Page 1 of 2 SCHEDULE "A" TO CHANGE ORDER NO. 1 / FINAL (CONTRACT CLOSEOUT) INTERCOUN TV ENGINEERING, LN- C. CONGRESS AVE. FI I REPLACEWNT - PROJECT 1V URA 6ER I2 -067 Original Contract Award $953,959.00 Previously Approved Changes $ Total Award /Approved to Date $853,959.00 Final Contract to Date $798,320.97 CHANGE ORDER NO. 1 ! FINAL $ (155,638.03) Page 2of2 CONGRESS AVENUE FORCE R 1.. i P/N 2012-067 Project Location Map MEMORANDUM TO: Mayor and City Commissioners FROM: Rafael Ballestero, Deputy Director of Construction Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: October 16, 2013 SUBJECT: AGENDA ITEM 8.11. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 SERVICE AUTHORIZATION NO. 12 -08/ MATHEWS CONSULTING. INC. ITEM BEFORE COMMISSION This item is before the Commission to approve Service Authorization No. 12 -08, in the amount of $68,305.00, to Mathews Consulting, Inc., for professional engineering services for bidding, construction administration and specialty inspections, for the Reclaimed Water Area 12A, Phase II Project #14 -029. BACKGROUND The Area 12A Reclaimed Water System project consists of two phases; Phase 1 and Phase IL The Phase 1 project has been completed and the system was placed in operation in August, 2013. The Area 12A Phase II Reclaimed Water System project continues the construction of the reclaimed transmission and distribution system on the barrier island, from Atlantic Avenue south to Casuarina Road, west of Gleason Street. In addition, water and drainage improvements will be performed in conjunction with this project's construction. Service Authorization No. 12 -08 provides bidding, construction administration support and specialty inspection services for the construction of the new 2 -inch, 3 -inch, 4 -inch and 6 -inch reclaimed water main; and water main improvements. Due to the specialty nature of this work, Mathews Consulting has provided this same level of assistance throughout the expansion of the reclaimed water system. These items include, but not limited to, monitoring and inspecting directional drill piping installation, South Florida Water Management District and Palm Beach County Health Department certifications, as well as, assistance with any constructibility issues which may arise during the work. The South Florida Water Management District (SFWMD) has approved a grant in the amount of $100,000 for this project. FUNDING SOURCE Funding is available from 441- 5161 -536 -68.73 (Water /Sewer Fund /Improvements Other /Reclaimed Water /Area 12A). RECOMMENDATION Staff recommends approval of Service Authorization No. 12 -08, in the amount of $68,305.00, to Mathews Consulting, Inc., for professional engineering services for bidding, construction administration and specialty inspections, for the Reclaimed Water Area 12A, Phase 11 Project. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 12 -08 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT NO.-14-029 MATHEWS CONSULT. PROJECT NO. 1725 TITLE: Reclaimed Water Expansion - Area 12A – Phase 2 This Service Authorization., when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Agreement for General Consulting Engineering Services L PROJECT DESCRIPTION The City of Delray Beach has adopted a Reclaimed Water Master Plan (RW�4P), (prepared by Mathews Consulting, Inc., October, 2003) which identifies areas of service for the City's new reclaimed water system. The purpose of the RNVMP is to serve as a planning document from which a reclaimed water system can be developed in phases as capital improvements are budgeted and scheduled through a designated time frame. The fast project identified fox implementation in the R)r+'MP was "Area 1" and was placed in operation in 2005. The second project(s) identified for implementation in the RWMP were "Area 2" and "Area 3" and they were placed in operation in 2006. The third project identified for implementation in the RNVMP was "Area 4" and was placed in operation in 2008. The fourth project identified for implementation was "Area 11 ". The Area 1 I RWS was broken into Area I IA and Area 1 IB. The Area 11A R)VS was placed in operation in late 2009. The Area 11B MYS was placed in operation in August 2011. The fifth project identified for implementation is "Area 12 ". The Area 12 RWS is broken into Area 12A, Area 12B and Area 12C. Based on available funding Area 12A was further broken into Phase I and Phase II. The Area 12A – Phase I project was placed in operation in August 2013. This Service Authorization provides bidding, construction administration support services and specialty inspection services for the Area 12A -- Phase H project. The project area is bounded on the north by Atlantic Avenue, south by Casuarina Road, cast by Gleason Street and -,vest by McFarlane Drive. The work is located on the following roads: Venetian Drive, McFarlane Drive, Miramar Street, Ingraham Avenue, Nassau Street, Bay Street and Langer Way. RM %4area l2Acontract l 0110113 II. SCOPE OF SERVICES Phase I — Study and Report Phase Not Applicable. Phase H — Preliminary Design Phase Not Applicable. Phase III — Final Design Phase Not Applicable. Phase IV — Biddinoegotiation Phase Consultant shall provide bidding phase services in accordance with Article ELD of the Agreement for Engineering Services with the Cite, dated January 24, 2012. l . Bid Advertisement: Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. Consultant shall provide up to six (6) sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whore bidding documents have been issued. 2. Demand Star Bid Submittal: Consultant shall furnish the bidding information to the City in electronic format to be used in conjunction with "Demand Star ". 3. Pre -Bid Conference: Consultant shall attend pre-bid conference and provide a written summary of issues discussed. 4. Bid Clarification: Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. 5. Contract Award: Consultant shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. 6. Final Deliverable: After Contract Award, Consultant shall furnish the As -Bid design drawings, one (1) mylar set, one (1) set of AutoCAD (Version 2012) files and one (1) set of pdf files in electronic format on CD. Consultant shall also provide one hard copy only of the Contract Documents (i.e. front -ends and technical specifications). RwAIarea I2Acontracti 0110113 2 Phase N' - Construction Administration Phase Consultant shall provide construction phase services in accordance with Article TILE of the Agreement for Engineering Services with the City, dated January 24, 2412, Tusk 5.1 - ConLor »red Contract Documents Consultant shall prepare conformed Contract Documents (Drawings and Specifications) for use by the Contractor and City during construction. Consultant shall provide Cite Mth four (4) sets of conformed construction drawings and technical specifications and one (1) CD in pdf format. Consultant shall provide Contractor five (5) sets of conformed construction drawings and one (1) CD in AutoCad format. Task 5.2 - Preconstruction Conference Consultant shall attend a preconstruction conference with representatives of Cite, Contractors and major subcontractors for the construction contract. City shall prepare, in writing, minutes of conference. Task 5.3 - Shop Dra►vif ,,- Revietiv Consultant shall receive, log, and review Shop Drawings and Product submittals for general conformance with the design intent and provisions of the Contract Documents. Revicw of up to 50 submittals (total, which includes submittals, and re- submittals, if required) is included in the budget. Consultant will review and return submittals to City and Contractor within 7 to 14 calendar days of receipt. Task 5.4 - Bi Month h, Meetinks Consultant shall attend bi- monthly construction progress (12) meetings to be held at the City of Delray Beach Utility Services Department. The City shall provide a written summary of the issues discussed. Task 5.5 - Construction Clarif cations Respond in writing to Contractor's Request for Information (RFI) regarding the design documents. Consultant shall issue interpretations and clarifications of the Contract Documents, along with associated support materials, as requested by the Contractor. These interpretations will be rendered and a response prepared and submitted to the Contractor within 7 calendar days. Task 5.6 --- Coordination ivith City of Deli-ail Beach Consultant shall coordinate (Regulatory Issues, Contractor Issues, Field Changes, etc.) as required with the City of Delray Beach regarding construction of the project. Items include but not limited to: Explanation and/or clarification of .plans and specs, review alternate procedures for compliance; assistance in coordination with outside regulatory agencies (construction standards, meetings, inspections, etc.); assistance with physical RNX1Marea12Acontract1O /10/13 3 field conflicts (modifying proposed pipe location to avoid conflicts, maintaining required separations from other utilities, etc.), Task 5.7 — CoordinafionlConstruction Certifications iv /PBCHD & SFW'MD Consultant shall certify to Palm Beach County Health Department (PBCHD) based on the visible project features, City & Consultant inspections and As -Built drawings, that the water mains are constructed in accordance with the plans and specifications submitted in the permit application. Consultant shall also certify to the South Florida Water Management District (SFWMD) that the drainage improvements are constructed in accordance with the plans and specifications submitted in the permit application. Task 5.8 — SpecialtV Special kzs ections Consultant shall provide specialty inspections of the project during key construction intervals, for the following (we have budgeted 225 hours for this task): • Pressure test of Open -Cut Reclaimed Water Mains & 'tYater Mains. • All Directional Drill installation & pressure test of directional drill piping. • Connections to existing RNYM piping. • Roadway restoration (i.e. mill and asphalt overlay). • Repair of Geogrid under Venetian Drive and Ingraham Avenue, • Critical "Unlmown" Utitity Conflicts. • Drainage Facilities. • Dewatering Methods. • Removal of Unsuitable Material. • Reclaimed Water Meter Boxes & Water Meter Boxes. • Assist with coordination with Florida Public Utility Company (Gas) and AT &T (telephone). Task 5.9 - ,S`ubstantial and Final bispections Consultant shall conduct a substantial and final inspection with the City's construction management staff to determine if the project has been completed in accordance with the contract documents and if the construction contractor has fulfilled his obligations thereunder. A punch -list will be prepared for each inspection (substantial & final). Task 5.10 - Review As- builts Consultant shall review Contractor as- builts on a monthly basis and provide our comments back to the City and Contractor in red -line format. ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise RNRMareaMcontractl0 /10/13 4 City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. 1. The Contract Documents will be prepared as a single contract. No pre- purchase of materials and/or equipment is presumed. 2. A single bidding effort for the project is assumed. Re- bidding of the project is considered Additional Services. 3. The construction duration is 180 calendar days. 4. Deviations from the Final Design Drawings will be compiled by the Contractor and electronically incorporated onto the drawings files. Four (4) sets of final signed and sealed RECORD drawings by a Florida Registered Surveyor (and the drawings in Autocad.dwg and ,pdf formats) will then be submitted by the Contractor to the City. One set of RECORD drawings will be provided to Consultant for submittal to Palm Beach County Health Department and South Florida eater Management District. 5. Specialty inspections are based on a maximum of 210 hours. b. City personnel will provide daily inspections of the project. ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the provision of surveying, geoteehnical, sanitary, water, reclaimed water, and drainage improvements to the project area that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, and potential property or easement acquisitions. Services performed under this task -,will be on as- directed basis in accordance with a written Notice -to- Proceed from the City Manager. The Noticc-to- Proceed issued shall contain the following information and requirements: A detailed description of the work to be undertaken. A budget establishing the amount of the fee to be paid in accordance with the Agreement. A time established for completion of the work. III. TIME OF PER.FOR LANCE The completion dates for this work will be as follows (starting at written notice -to- proceed). Engineering Services Time per Phase Cumulative Time Phase Br — Bidding _ 60 days 60 days Phase V — Construction 180 days 240 days R'VV'Marea 12Acontract 10/ 10/ 13 VI. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article NFU, Method II, up to the following not to exceed cost for each phase. Refer to Attachment A for budget summary. Engineering Sen7ices Estimated Fees Phase IV -- Bidding Phase $ 8,488.00 Phase V - Construction $ 58,317.00 Out -of- Pocket Expenses $ 1,500.00 (r} Additional Services $ 15,000.00 TOTAL PROJECT COST S 68 ,305.00 (z) Notes: ( }Out -of= Pocket Expenses include the following: printing /reproduction and postage. (2) Total project cost does not include the $15, 000 for Additional Services (f authorized by the Citj). RWMarea 12Acontractl0/ 10/ 13 This Sen ice Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Scrvicc Authorization, the City may terminate the contract without incurring any further liability. The Consultant shall commence work upon City Commission approval and this Service Authorization to be included as part of the contract N�ithout any further notice to proceed. Approve by: CITY OF DELRAY BEACH: Date: Gary D. Glickstein., Mayor Attest: Approved as to Legal Sufficiency and Form VICTORIA PARSONS NOTARY PUBLIC STATE OF FLORIDA Comm# EE8U755 Expires 3/17/2017 RWhbreal2Acontractl 0/ 10/ 13 7 MATHE'WS CONSULTING, INC. Date: Q -- t 0- 13 David Mathews, P.E., V' President 'Witness STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 1 p day of Oc Fbtf, 2013 by David Muathe -Ts, Nice President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He /,ghe--is (personally known to me) �°edtcl idGatifivatiod), Florida Driver's License and (&4fdid not) re oath. of pcAson taking ATTACHMENT A City of Delray Beacli Reclainted Water .Expansion Area 72A (,Phase 1-i) - Bidding & Construction Services Budget _Summa ry Phase No, Task Description Labor Classification and H urly Rates Principal Engineer $161.55 Senior Engineer $140.64 Engineer II $115.36 Construction Manager $114.78 Senior Engineering Technician $111.78 Senior Cadd Designer $97.35 Clerical $68.52 Total Labor Sub - Consultant Services 1V Bidding Phase Task 1 Bid Advertisement 3 3 3 $1,026 Task 2 Demand Star Bid Submittal 2 3 9 $1,275 Task 3 Pre -Bid Conference 4 3 2 $1,129 Task 4 Bid Clarification 5 5 5 2 $2,081 Task 5 Contract Award 3 7 4 $1,566 Task 6 Final Deliverable 4 5 3 $1,411 Subtotal 21 0 15 0 16 0 23 $8,488 r V Construction Administration Phase 51 Conformed Contract Documents 5 8 8 $2,250 5.2 Preconstruction Conference 3 3 $829 5.3 Shop Drawing Review 8 27 35 $6,790 5.4 Bi- Monthly Meetings (total of 12 ) 22 6 $4,243 5.5 Construction Clarifications 10 18 4 4 2 $5,190 5.6 Coordination with City of Delray Seach 17 $2,746 5.7 Coord. /Certification wI PBCHOiSFWMDIFDOT 22 9 9 $5,177 5.8 Speciality Inspections 10 15 185 $24,959 5,9 Substantial and Final Inspections 2 16 4 $2,434 5.10 Review As- Builts 3 28 $3,698 Subtotal 102 33 0 269 21 0 58 $58,317 Labor Subtotal Hours 123 33 15 269 37 0 81 $66,804 Labor Subtotal Costs $19,871 $4,641 $1,731 $30,876 $4,136 $0 $5,550 Labor Total Costs $66,804 Subconsultant Costs Totai $0 Subconsultant Multiplier 1.1 Subconsultant Total $0 Reimbursable Expenses $1,500 Project Total $68,305 Mathews Consulting, Inc. I L ------- �J MH H I H A T L A N T I C A V E N U E L, ' cn oCD z J [� ffi Q L;! i MIR MAR RI l AM R DRIVE F— d w � g c � z6 O co � �J o� COCONUT ROW �i CL ING HAM A E INGRAHAM AVEMUE4 Z [V i•j W N OCEAN TERR. U OCEAN 7ERR. 0 U O c Q a O N A A U Ls T. I Li a U dd BAY STRUT BAY STREET 0 .'I r N ..0 I Q a 9 L NGER WAYz o o Q i c� v 0 N CASUARINA ROAD o � � % 0 c CITY of DELRAY BEACH AREA 12A RECLAIMED DATE10 /17/2013 ENVIRONMENTAL SERVICES DEPARTMENT WATER SYSTEM — PHASE 2 =I? 434 sou7ti 8WNTON AvSue, oeJv,Y BEACF{ FLOM A 33444 2014 -029 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: October 14, 2013 SUBJECT: AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 ACCEPT GRANT AWARD/ AWS/ SFWMD ITEM BEFORE COMMISSION The item before COmmission is to accept and execute an Alternative Water Supply (AWS) grant from the South Florida Water Management District ( SFWMD) in the amount of $100,000. The reimbursable grant will provide supplementary funding for the Reclaimed Water System Area 12A -Phase II project, P/N 2014 -029. BACKGROUND Since 2004, the City has maintained an annual program for expansion of its reclaimed water transmission system for the purpose of providing an alternative irrigation source to City utility customers. Under the AWS Program, SFWMD was able to provide supplemental funding for each of our expansion projects in previous years. On September 20, 2013, we were notified by the District that their AWS program was accepting applications for projects proposed for construction in fiscal year 2014. The grant submission deadline was September 27, 2013. Through our consultant, we submitted our application to request funding assistance for the Area 12A -Phase II Reclaimed Water system expansion. Area 12A -Phase II encompasses the barrier island neighborhood from Atlantic Avenue south to Casuarina Road, west of Gleason Street. City Commission approved the application in pursuit of this grant at the October 1, 2013 Commssion meeting. The SFWMD Board, at their October 10, 2013 meeting, approved their list of grant recipients which included the City of Delray Beach for the Area 12A -Phase II Reclaimed Water Project in the amount of $100,000. Staff requests Commission accept the grant award and authorize the Mayor to execute the agreement for the City. RECOMMENDATION Staff recommends City Commission accept the grant award and authorize the Mayor to execute the agreement for the City. SOUTH FLORIDA WATER MANAGEMENT DISTRICT October 10, 2013 Mr. Victor Majtenyi City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 Dear Mr. Majtenyi: Ground Delivery Fedex: 417656215082452 Subject: Contract # 4600002967 - FY2013 -2014 AWS - LEC -123 Reclaimed Water System Area 12A Phase II Enclosed please find two (2) copies of the above referenced document stamped "Original ". Please have both documents executed by an individual with signature authority on behalf of your organization and return both originals to my attention within two (2) working weeks. If applicable, and not previously submitted, a Certificate of Insurance reflecting the required coverage(s) as well as documentation to demonstrate official delegation of signature authority up to the contract monetary limits should also be provided with the executed documents. Any delays in the return of the documents may jeopardize the availability of funding. Upon execution by the South Florida Water Management District (District), a fully executed original will be returned to you for your files. Your cooperation and timely response will be greatly appreciated. Note that this document is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Should there be any questions, or if you require any additional information, please do not hesitate to contact me. Sincerely, Sharman Rose Sr. Contract Specialist Procurement Bureau shrose @sfwmd.gov (561) 682 -2167 FAX: (561) 682 -5624 ISR Enclosure 3301 Gana Club Road, West Palm Beach, Florida 33406 • (561) 686 -8840 • FL GNATS 1 -800- 432 -2445 Mailing Address: P.O. Box 24684, west Pahn Beach, FL 334164680 • tvct wsf vind.gov SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2013 - 2014 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM Recipient: City of Delray Beach Recipient's Project Manager: Mr. Victor Majtenyi Address: 434 South Swinton Avenue Delray Beach, FL 33444 Telephone No: (561) 243 -7336 Fax No: (561) 243 -7060 Email: Majtenyi@myde1raybeach.com SFWMD Project Manager: Stacey Adams Telephone No.: (561) 682 -2577 E-mail Address: sadatns c sfwrnd.gov Fax No.: (561) 682 -5873 Contract Specialist: Sharman Rose Telephone No.: (561) 682 -2167 Fax No.: (561) 682 -5624 Address: 3301 Gun CIub Road West Palm Beach, FL 33406 Insurance: Not Applicable Federal Employer Identification Number: 59- 6000308 Project Title: FY2013 -2014 AWS — Project # LEC -123 Description: Reclaimed Water System Area 12A Phase I1 Agreeinent No. 4600002967, Page I of 12 This Agreement is entered into between "the Parties," the South Florida Water Management District, the "District ", and the undersigned party, hereinafter referred to as the "Recipient." The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 — PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "A ", hereinafter referred to as the "Project ", and made a part of this Agreement. 1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 1.3 Attached to this Agreement are the following exhibits which are incorporated herein: Exhibit A Statement of Work Exhibit B Payment and Deliverable Schedule Exhibit C Status Report Exhibit D Final Project Summary Report ARTICLE 2 — TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall be the dates noted on the first page of this Agreement. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 — COMPENSATION 1 CONSIDERATION 3.1 As consideration for the Project required by this Agreement, the District shall pay the Recipient the funding amount as specified on page one of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least sixty percent (60 %) or more of the Project's construction cost, unless a different amount is authorized pursuant to s. 373.707(8)(e), Florida Statutes. The Recipient acknowledges that the District may authorize an amount less than forty percent (40 %); and, if current fiscal year construction costs decrease the approved funding may be decreased. The approved funding is a percentage, up to forty percent (40 %) based on the estimated current fiscal year project construction cost. For FY14, payment will be made by the District for work authorized and completed ' between October 1, 2013 and August 29, 2014. The District will not Agreement No. 4600002967, Page 2 of 12 reimburse the Recipient for FY14 work that commences prior to the start date of the Agreement or for work completed after August 29, 2014. 3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to Exhibit "A ". By providing funding hereunder, the District does not make any warranty, guaranty or any representation whatsoever regarding any of the work performed hereunder, including but not Iimited to, the adequacy or sufficiency of all or any part of work described in Exhibit "A ". 3.3 The Recipient hereby agrees not to use District funding for any work associated with the research, design and permitting aspects of the Project. District funds shall only be used for the construction activities described in Exhibit "A ". 3.4 The Recipient agrees to reimburse the District funds provided through this Agreement for facilities (i.e. test/production wells, etc.) that do not become an operational component of the overall alternative water supply facility within the timeframe established in the proposal. Notwithstanding anything in this Agreement to the contrary, this paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. ARTICLE 4 — FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the deliverable(s) as described in the "Summary Schedule of Tasks and Deliverables ", attached hereto as Exhibit "B ". The Recipient shall provide a completed Project Status Report attached hereto as Exhibit "C" within ten (10) business days of the following due dates December 31, 2013, March 31, 2014; and June 30, 2014. In addition, on or before August 29, 2014, the Recipient shall provide a completed Project Summary Final Report, attached hereto as Exhibit "D" and the Final Reimbursement Request Package. Concurrent with delivery of the final deliverable(s), the Recipient shall provide certification that all construction has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice(s) shall reference the District's Agreement Number and Purchase Order Number and shall be sent to the following address: South Florida Water Management District ATTN: Accounts Payable PO Box 24682 West Palm Beach, FL 33416 -4682 The Recipient shall not submit an invoice to any other address at the District. In order to expedite the invoice review and approval process, the Recipient shall also submit a copy of each reimbursement request package to the District's Project Manager. The Recipient's reimbursement request package shall contain the backup documentation required (e.g., the request shall include but is not limited to a copy of Recipient's invoice (include the District's Agreement Number and Purchase Order number), signed certification letter on Recipient's letterhead (signed by an authorized representative of the Agreement No. 4600002967, Page 3 of 12 Recipient), tasks completed per the Agreement (if all tasks finished, a statement indicating that the project is completed per the Agreement) and, vendor invoices /application for payment) for the District Project Manager(s) to ascertain that each deliverable in the invoice has been substantially complete. The Recipient shall submit the final reimbursement request and Exhibit "D" on or before August 29, 2014. Failure of the Recipient to follow the instructions set forth in the Agreement regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the District. 4.3. Upon completion of the Project, any data that was generated during the performance of the Project shall be submitted to the District upon request. New Well Construction Projects: For projects involving construction of new wells, the Recipient shall: 1. Submit design of well construction and testing programs to the District for review and comment prior to implementation. The Recipient shall integrate the District's comments into the final testing plan where feasible. 2. Submit all pertinent well information collected during well construction and testing (i.e., depths, cuttings descriptions, geophysical logs, aquifer test data, etc.), as available. Submissions shall be provided electronically as specified by the District. 3. If the final location of the well(s) varies from the original location specified in the Consumptive Use or other permit or permit applications, the Recipient shall provide the District Project Manager(s) with written proof that the appropriate permitting agency contact is aware of and agrees with the changes. The data shall be archived in the District's permanent database and available to the public. Please contact Emily Richardson (561) 682 -6824, Emi Iv.P6 chard son ii?sfwn1d.g� y, for instructions on submitting data. 4.4 The Recipient shall provide to the District regular project status reports (Exhibit "C ") quarterly by December 31, 2013; March 31, 2014; and June 30, 2014. Reports shall provide detail on the progress of the Project; amounts expended to date per task and outline any potential issues affecting Project completion or overall schedule. Exhibit "C" shall be submitted to the District's Project Manager via e -mail within ten (10) business days of the specified due date. In the event actual construction costs are less than the not -to- exceed amount for a particular task stated in Exhibit "B ", the Recipient will have the right to apply the unexpended balance toward another task, unless the total current fiscal year construction cost has decreased. The Recipient shall provide prior written notice of its decision to exercise this right. If the Recipient does not exercise this right, the Recipient agrees to amend the contract to revise the approved funding consistent with the original percentage to the lower construction cost. In no event, shall the District's total obligation exceed the amount specified in Exhibit `B" for this Cooperative Agreement; however, an actual construction cost less than an estimated construction cost may result in a reduced Agreement No. 4600002967, Page 4 of 12 final payment. The Recipient is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. ARTICLE 5 — CONTRACT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the District Project Manager(s) for attempted resolution or action. The District Project Manager(s) shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands or other communications regarding this Agreement, other than those set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both the District's Project Manager(s) and the Contract Specialist noted on the first page of this Agreement by certified mail, return receipt requested. 5.3 Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number and Purchase Order Number. ARTICLE 6 — TERMINATION 1 REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring the Recipient to materially perform in accordance with the terms and conditions of the Agreement. In accordance with Chapter 40E -7, Part II of the Florida Administrative Code, "Material Breach" is defined as any substantial, unexcused non - performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law and/or equity. i 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in pant, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery of a Agreement No. 4600002967, Page 5 of 12 Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Project Managers' cannot resolve between themselves, the Parties shall have the option to submit to non - binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. 6.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right to terminate this Agreement immediately without notice in the event any of the representations contained in the Recipient's project proposal are found to be false or if the Recipient fails to complete the construction and performance of all work items described in Exhibit A, Statement of Work. ARTICLE 7 — RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non - financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place, C. Extended Availability of Records for Legal Disputes. In the event the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to this Agreement until the final disposition of the legal dispute. All such records shall be made readily available to the District. D. Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. Agreement No. 4600002967, Page 6 of 12 7.2 Whenever the District's contribution includes state or federal appropriated funds, the Recipient shall, in addition to the inspection and audit rights set forth in Article 7.1 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. The Recipient shall maintain all financial/non- financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the District, as completed per fiscal year B. Examination of Records: The District or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the Recipient's financial and non- financial records to the extent necessary to monitor the Recipient's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. ARTICLE 8 — STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. Agreement No. 4600002967, Page 7 of 12 8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. 8.5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. A delay in obtaining permits shall not give rise to a claim by the Recipient for additional compensation. If the Recipient is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this Agreement, each party to bear its own costs, notwithstanding other provisions of this Agreement to the contrary. The Recipient agrees to comply with the terms and conditions of all permits. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. 8.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to provide any goods or services related to the construction of the Project contemplated herein. Recipient also assures that it is not on the District's Suspension of Contractors List. Recipient agrees to include a provision to this effect in all requests for proposals and subcontracts related to construction of this Project. 8.8 A Recipient who operates a public water supply utility shall, by June 1, 2014 adopt a rate structure that will promote the conservation of water and promote the use of water from alternative water supplies and shall provide the District with a copy of such adopted rate structure on or before August 29, 2014. 8.9 Recipient of funds for a reuse project shall provide a status report by August 29, 2014 addressing the following issues: (1) accounting of reclaimed water usage and method used (meters, etc.); (2) all rates and charges for reclaimed water; (3) the status of implementing public education programs to inform the public about water issues, water conservation and the importance and proper use of reclaimed water; and (4) providing the District with the location of each reuse facility owned by the Recipient. 8.10 This paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. After construction is completed on the Project, the Recipient shall continuously operate the Project as described in the Project proposal and consistent with the application water use permit(s). In the event the Project is not operated or completed in accordance with these requirements, the Recipient, if requested by the District, agrees to reimburse the amount of funding the District provided to this project. This amount may be prorated based on the number of years the completed project is operated using an assumed project life of 20 years. Furthermore, the District may cease funding for this Project and Agreement No. 4600002967, Page 8 of 12 any future Projects proposed by the Recipient. All other provisions of this contract shall terminate on September 30, 2014. 8.11 Recipient shall implement a public education program to inform the public about the environmental and other public benefits of the Alternative Water Supply project and shall provide the District with a copy of such public education program on or before August 29, 2014. ARTICLE 9 — INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall, subject to the limits permitted in Florida Statute 768.28, defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. Pursuant to section 768.28, Florida Statues, nothing herein shall require the Recipient to be liable for intentional or reckless acts or for actions committed in bad faith or malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. However, nothing contained here shall constitute a waiver by the Recipient of its sovereign immunity or the provisions of F.S. 768.28. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 10 — RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third party beneficiary or otherwise. Agreement No. 4600002967, Page 9 of 12 ARTICLE 11— GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God or for any other cause of the same character, which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in Articles 1 -11 (b) Exhibit "A" Statement of Work (c) Project Information Document (d) All other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement may be amended only with the written approval of the Parties. I 11.6 This Agreement states that all publicity /outreach media will be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award will require prior District approval. 11.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations,, statements, negotiations or Agreement No. 4600002967, Page 10 of 12 Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. Agreement No. 4600002967, Page 1 L of 12 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: Dorothy A. Bradshaw, Procurement Bureau Chief Date: SFWMD Procurement Approved: By: Date: Recipient's Legal Name: CITY OF DELRAY BEACH By Authorized Official: Printed Name: Date: Agreement No. 4600002967, Page 12 of 12 EY-MBIT "A" STATEMENT OF WORK LEC -123 - Reclaimed Water System Area 12A Phase II City of Delray Beach A. INTRODUCTION/BACKGROUND The City of Delray Beach (City or Recipient) has established alternative water resource goals in conjunction with renewal of the City's Water Treatment Plant South Florida Water Management District's Water Use Permit. One of the City's alternative water resource goals is the implementation of a reclaimed water system which will reduce water demands on both the surficial aquifer and on the City's potable water system. The City's Reclaimed Water Master Plan completed in November 2003 identifies "Area 12A - Phase I1" as the seventh phase of the City's total reclaimed water system, which will provided up to 0.082 mgd of additional reclaimed water use for this phase. The City plans to implement other phases of the Master Plan on a continual basis over the next five years, which will provide up to 5.712 mgd of reclaimed water available for the entire system. The Reclaimed Water Master Plan is consistent with the City's comprehensive plan, which specifically encourages more reuse of effluent from the wastewater treatment plant to reduce the demands on the potable water system. R f : ra COIN YA- *l The objective of the project is to implement the seventh phase of the reclaimed water system within the City and to add up to 0.082 mgd of reclaimed water use. C. SCOPE OF WORK This project entails the construction of a reclaimed water distribution system consisting of approximately 350 linear feet of 2 -inch, 50 linear feet of 3 -inch, 4,170 linear feet of 4 -inch, 1,315 linear feet of 6 -inch reclaimed water main and associated valves, piping appurtenances, roadway repair and general conditions to serve the Area 12A, Phase II reclaimed water service areas. This project will tie distribution mains into the existing 10 -inch reclaimed water transmission main along Gleason Street which was previously installed under the Area 12A Phase I project. Distribution mains will extend along Miramar Street, Ingraham Avenue, Nassau Street, Bay Street, Langer Way, MacFarlane Drive and Venetian Drive. A connection point will be provided for future phases, D. WORK BREAKDOWN STRUCTURE The work breakdown structure associated with this project is described below. Task 1: Recipient shall submit to the project manager an electronic submittal of final project bid amount and/or vendor estimates for tasks to be completed in FY14. Page 1 of 2, Exhibit A to Agreement No. 4600002967 Due Date: Upon Contract Execution Task 2: Exhibit "C" — Quarterly Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: December 31, 2013 Task 3: Exhibit "C" — Quarterly Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: March 31, 2014 Task 4: Exhibit "C" — Quarterly Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: June 30, 2014 Task 5: Recipient shall commence general Conditions including site mobilization and demobilization and maintenance of traffic/ Reimbursement Request Package. Due Date: Upon Task Completion Task 6: Recipient shall construct approximately 350 linear feet of 2 -inch, 2,800 linear feet of 4- inch and approximately 950 linear feet of 6 -inch PVC reclaimed water main / Reimbursement Request Package. Due Date: Upon Task Completion Task 7: Recipient shall construct approximately 50 linear feet of 3 -inch, 1,370 linear feet of 4- inch, and 365 linear feet of HDPE DR11 Directional Drill / Reimbursement Request Package. Due Date: Upon Task Completion Task 8: Recipient shall install reclaimed water metered service connections / Reimbursement Request Package. Due Date: Upon Task Completion Task 9: Recipient shall install valves, fittings and all piping appurtenances and restoration (not including roadway surface) / Reimbursement Request Package. Due Date: Upon Task Completion Task 10: Recipient shall commence roadway surface restoration including crack sealing, rut filling, double course micro - surfacing, mill and resurface FDOT roadway, adjust valve boxes, manhole tops, drainage inlets and pavement marking restoration / Reimbursement Request Package. Due Date: Upon Task Completion Task 11: Final Reimbursement Request and Project Summary Report Exhibit "D')- Recipient shall submit to the project manager the final reimbursement request package and Project Summary Report (Exhibit "D "). Due Date: August 29, 2014 Page 2 of 2, Exhibit A to Agreement No. 4600002967 EXHIBIT "B" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES LEC -123 — Reclaimed Water System Area 12A, Phase II City of Delray Beach • The schedule set forth below is October 1, 2013 to September 30, 2014. All deliverables submitted hereunder are subject to review and acceptance by the District Project Manager. Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. Payment shall be made following receipt and acceptance by the District of the Reimbursement Request Package(s) in accordance with the schedule set forth below. The Recipient shall submit a reimbursement request upon completion of each Task noted below. If applicable, the Recipient shall submit a final reimbursement request for payment and Exhibit "D" on or before August 29, 2014 for reimbursement. All reimbursement requests shall be accompanied by adequate documentation to demonstrate completion of each Task in accordance with Exhibit "A" the Statement of Work (SOW). Reimbursement Request Packages shall include, but not be limited to, a copy of the Recipient's invoice, signed certification letter for partial payment that the Task(s) is (are) complete per the SOW or that the project is complete per the SOW, copies of vendor invoices, and any other documentation supporting payment. Reimbursement Request Packages shall adequately demonstrate completion of each Task in accordance with Exhibit "A" the SOW. The District shall only be obligated to pay for documented actual FY2014 construction`s costs within the not -to- exceed amounts specified below. In the event actual construction costs by the Recipient are less than the not -to- exceed amount for a particular Task, the Recipient shall have the right to apply the unexpended balance toward another Task, unless the total current fiscal year construction cost has decreased. The Recipient shall provide prior written notice of its decision to exercise this right to the District Project Manager. If the Recipient does not exercise this right, the Recipient agrees to amend the contract to revise the approved funding consistent with the original percentage to the lower construction cost. In no event shall the District's total obligation exceed the amount specified below for the total Agreement; however, an actual construction cost less than the estimated construction cost may result in a reduced final payment. The Recipient is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. • Total payment by the District for all work completed herein shall not exceed the amount of $100,000.00. If the total consideration for this Agreement is subject to multi -year funding allocations, funding for each applicable fiscal year will be subject to Governing Board budgetary appropriation. In the event the District does not approve funding for any subsequent fiscal year, this Agreement shall terminate upon expenditure of the current funding, notwithstanding other provisions in this Agreement to the contrary. Page 1 of 3, Exhibit "B" to Agreement No. 4600002967 Page 2 of 3, Exhibit `B" to Agreement No. 4600002967 ��. _ �Dehverable {s} � F� Y voice Date Report Due Dated To Exceed � _-h , ,9 , a m`ent �'.r. . .a� . Y.. e �',- *✓ _ t; i.;.. Electronic submittal of final project bid Upon Contract 1 amount and/or vendor estimates for N/A NIA Execution tasks to be completed in FY14 2 Exhibit "C" — Quarterly Status Report3 N/A December 31, 2013 N/A 3 Exhibit "C" --- Quarterly Status Report3 N/A March 31, 2014 N/A 4 Exhibit "C" -- Quarterly Status Report N/A June 30, 2014 N/A General Conditions including site mobilization and demobilization and Upon Task 5 N/A $9,500 maintenance of traffic / Reimbursement Completion Request Package Construct approximately 350 linear feet of 2- inch, 2,800 linear feet of 4 -inch and 6 approximately 950 linear feet of 6 -inch Upon Task N/A $15,600 Completion PVC reclaimed water main / Reimbursement Request Package Construct approximately 50 linear feet of 3 -inch, 1,370 linear feet of 4 -inch, Upon Task 7 and 365 linear feet of HDPE DRl 1 N/A $15,200 Completion Directional Drill / Reimbursement Request Package4 Install reclaimed water metered service 8 comiections / Reimbursement Request Upon Task N/A $15,700 Package Completion Install valves, fittings and all piping appurtenances and restoration (not Upon Task NIA $25,200 9 including roadway surface) / Completion Reimbursement Request Package4 Roadway surface restoration including crack sealing, rut filling, double course micro - surfacing, mill and resurface Upon Task 10 FDOT roadway, adjust valve boxes, N/A $18,800 Completion manhole tops, drainage inlets and pavement marking restoration / Reimbursement Request Package4 a) Final Reimbursement Request Package (if applicable) 11 August 29, 2014 August 29, 2014 N/A b) Project Summary Repoit (Exhibit «Da >) Total District Funding $100,000 Current Fiscal Year Construction Cost $736,275 Page 2 of 3, Exhibit `B" to Agreement No. 4600002967 Exhibit "C" Alternative Water Supply Program Quarterly Status Report To comply with the AWS Status Report requirements specified in your contract, this form shall be completed and submitted via e-mail to your South Florida Water Management District project manager. Please attach backup documentation (e.g., pictures, drawings, etc.) that will provide an understanding of project construction to date. Status Report - Quarter ❑ 1 ❑ 2 ❑ 3 Date: Name of Person Completing Form Contract Number 4600002967 Proposal Number LEC -123 Entity Name: City of Delray Beach Project Title: Reclaimed Water System Area 12A, Phase li 1. Provide a brief description of project status. 2. What is the overall status of your project (check one)? ❑ On Schedule ❑ Behind Schedule? Explain why. Do you expect the project to be completed on time? 3. Actual Project Construction Cost Information Page 1 of 3 , Exhibit "C" to Agreement No. 4600002967 Date Amount Bid Document Final Contract (with Vendor) Total Expended to Date Change Order(s) Page 1 of 3 , Exhibit "C" to Agreement No. 4600002967 Exhibit "C" Alternative Water Supply Program Status Report 4. Construction Deliverables Status — provide the following information for each deliverable listed in Exhibit "B" of the contract: Task Is the Task Estimated No. Exhibit "B" Deliverables Complete? Finish Task Status and Comments YIN Date* Electronic submittal of final project bid Upon 1 amount and /or vendor estimates for contract tasks to be completed in FY14 execution 2 Exhibit "C" — Status Report 12/31/13 3 Exhibit "C" — Status Report 3/31/14 4 Exhibit "C" -- Status Report 6/30/14 General Conditions including site 5 mobilization and demobilization and Upon Task maintenance of traffic/ Reimbursement Completion Request Package Construct approximately 350 linear feet of 2 -inch, 2,800 linear feet of 4 -inch and 6 approximately 950 linear feet of 6-inch Upon Task PVC reclaimed water main / Completion Reimbursement Request Package Construct approximately 50 linear feet of 7 3 -inch, 1,370 linear feet of 4 -inch, and Upon Task 365 linear feet of HDPE DR11 Directional Completion Drill / Reimbursement Request Package Install reclaimed water metered service 8 connections/ Reimbursement Request Upon Task Package Completion Page 2 of 3, Exhibit "C" to Agreement No. 4600002967 Exhibit "C" Alternative Water Supply Program Status Report 9 Install valves, fittings and all piping appurtenances and restoration (not including roadway surface) / Reimbursement Request Package Upon Task Completion Roadway surface restoration including crack sealing, rut filling, double course micro - surfacing, mill and resurface FDOT Upon Task 10 roadway, adjust valve boxes, manhole Completion tops, drainage inlets and pavement marking restoration / Reimbursement Request Package a) Final Reimbursement Request Package 11 (if applicable) 8/29/14 b) Project Summary Report (Exhibit "D ") * Note that all tasks have to be completed and invoiced by August 29"' Page 3 of 3, Exhibit "C" to Agreement No. 4600002967 Exhibit "D" 4 FY2013 -2014 Alternative Water Supply • "' °` ;' Final Project Summary Report LEC -123 Reclaimed Water System Area 12A, Phase lI Project Title 4600002967/950000 SFWMD Contract/Purchase Order Number Describe Project constructed: Type of Alternative Water Reclaimed Entity Project Manager City of Delray Beach Entity Project Owner Quantity of Water Made Available [GD) Upon Completion of This Phase Proposed I Actual 0.082 [a] 1 5.712 [a] Construction Duration Start I Finish 2114 Proposed (this FY) Actual (this FY) Total Construction Cost — This Phase $736,275.00 $ 13$Qwd�[Ii District funding this phase $100,000.00 $ Local funds $636,275.00 $ Other funding source From: TOTAL I $736,275.00 Attach map and photo(s) of project on CD, if available. The District will make funding payments only to reimburse for work completed between October 1, 2013 and August 29, 2014. To the best of my knowledge, the above information is correct. Chief Financial Officer Project Manager Page I of 1, Exhibit "D" to Agreement No. 4600002967 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Environmental Services Director Randal L. Krejcarek, P.E., City Engineer THROUGH: Louie Chapman, Jr., City Manager DATE: October 25, 2013 SUBJECT: AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 EXTENSION OF ENGINEERING CONSULTING SERVICES AGREEMENTS ITEM BEFORE COMMISSION This item is before City Commission for approval/authorization for Mayor to execute Amendment No. 1 for General Consulting Services agreements with Calvin Giordano & Associates, Kimley -Horn & Associates, Mathews Consulting, Inc. and Wantman Group (Project #12 -057). BACKGROUND In January 2012, Calvin Giordano & Associates, Kimley -Horn & Associates, Mathews Consulting, Inc. and Wantman Group were awarded two year agreements for consultant services. An RFQ process was utilized in awarding these continuing agreements in compliance with Title 19, Chapter 287, Section 287.055 of the Florida Statutes, also known as (a/k/a) Consultants Competitive Negotiation Act (CCNA), for acquisition of professional architectural, engineering, landscape architectural or surveying and mapping services. The original agreement is for two years and the City reserved the right to renew each agreement for one additional year in each of the three years after the initial two years. The total agreement will not exceed five years, which is in concert with the Five Year Capital Improvement Program (CIP) that was included in the original Request for Qualifications (RFQ). Under CCNA, the City choose consultants based on qualifications and not hourly rates. Only after consultants were ranked based on qualifications and approved by City Commission did staff negotiate hourly rates. Per the agreement, consultants are allowed to request rate increases only during the renewal process and all increases are capped at 5 %. Per Section VII.2.a, Attachment B to each agreement is the revised wage rate schedule. A comparison between the 2012 and 2014 wage rates is included as a separate attachment. Since 1997, the City has issued new RFQ's about every five years. The intent is to enter into five year agreements that correspond with the Five Year CIP. RECOMMENDATION Staff recommends approval of the Amendment No. 1 to the General Consulting Services Agreements with Calvin Giordano & Associates, Kimley -Horn & Associates, Mathews Consulting, Inc. and Wantman Group (Project #12 -057). AMENDMENT NO. 1 TO AGREEMENT FOR GENERAL CONSULTING SERVICES THIS AMENDMENT NO. 1 to the Agreement dated February 22, 2012 is made this day of , 2013, by and between the CITY OF DELRAY BEACH, FLORIDA (the "City ") and CALVIN, GIORDANO AND ASSOCIATES, INC. (the "Consultant "). WITNESSETH: WHEREAS, the parties desire to exercise their right to renew the Agreement entered into February 22, 2012 for one year, pursuant to Section VI "Agreement Period," which will extend the contract until February 22, 2015. WHEREAS, the parties desire to amend the Agreement to comport with the recent changes in state law pertaining to public records and to reference the Palm Beach County Inspector General's authority to review contracts. NOW, THEREFORE, based on the promises and covenants herein contained, the parties agree as follows: 1 . The recitations referred to above are hereby incorporated herein. 2. The parties desire to repeal Exhibit "B" that was attached to the Agreement dated February 22, 2012 and replace it with the new "Exhibit B" as attached to this Amendment No. 1. 3. The parties desire to amend the agreement to add Paragraph X "Inspector General" and Paragraph Y "Public Records" to comport with recent changes to county and state law: X. Inspector General: Consultant 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 this contract, and may demand and obtain records and testimony from Consultant and its subcontractors and lower tier subcontractors. Consultant understands-and agrees that in addition to all other remedies and consequences provided-by law, the failure of Consultant or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination, Y. Public Records: Consultant shall comlly with all public records laws in accordance with Chapter 119, Fla, Stat. In accordance with state law. Consultant 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 Consultant 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 Consultant. e) If Consultant does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 4. All other terms and conditions of the Agreement of February 22, 2012 not in conflict with this Amendment No. 1 shall remain in full force and effect and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 the day and year first above written. ATTEST: M City Clerk Approved as to legal sufficiency and form: CITY OF DELRAY BEACH, FLORIDA CARY GLICKSTEIN, MAYOR By: City Attorney WITNESSES: CALVIN, GIORDANO AND ASSOCIATES, INC. By: Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2013, by He/She is personally known to me or has produced (type of identification) as identification. Notary Public — State of Florida 3 Calvin, Giordano & Associates, Inc. L x C L P T 1 0 N A L S 0 L U T 1 0 N 5 Sfin Vllagr arl�A., 4u-ne 340, W-1 1041m Reich, Florida 774[19 Pfi-n G61.fdWAIII7 • Far..',561 APA.61 111.0 DATE Certificate of Authorization No. 514 10/14/2013 CITY OF DELRAY BEACH RATE SHEET 3.05 Mult w /$175 max 3.00 Mult w /$175 max Employee Type 2013 ADJUSTMENT 7011 ORIGINAL ENGINEERING Associate, Engineering (VI) $ 175.00 $ 175.00 Director, Engineering (V) $ 175.00 $ 175.00 Project Manager (IV) $ 144.09 $ 137.23 Project Engineer (III) $ 125.35 $ 119.38 Engineer (II) $ 88.03 $ 83.84 Jr. Engineer (I) $ 81.13 $ 77.27 Engineering Technician $ 110.25 $ 105.00 Senior CADD Tech Manager $ 103.01 $ 98.10 CAD D Technician $ 78.25 $ 74.52 CONSTRUCTION Construction Management Director $ 148.61 $ 141.53 Assitant Construction Management Director $ 131.30 $ 125.05 Associate, Construction $ 130.36 $ 124.15 Senior Inspector $ 110.10 $ 104.86 Inspector $ 61.78 $ 59.84 SURVEY Survey Crew (3 party) $ 175.00 $ 167.41 Senior Registered Surveyor $ 156.71 $ 149.25 Registered Surveyor $ 99.98 $ 95.22 Survey Coordinator $ 82.51 $ 78.58 Clerical $ 72.94 $ 69.47 LANDSCAPE Associate, Landscape $ 168.24 $ 160.23 Sr. Landscape Architect $ 148.92 $ 141.83 Environmental Administrator $ 130.13 $ 12193 Landscape Architect $ 115.19 $ 109170 Environmental Specialist $ 76.72 $ 73.07 Landscape CADDTechnician $ 73.43 $ 69.93 PLANNING Associate, Planning $ 154.47 $ 147.11 Director of Planning $ 137.28 $ 130.74 Planner $ 86.95 $ 82.81 Jr. Planner $ 70.69 $ 67.32 AMENDMENT NO. 1 TO AGREEMENT FOR GENERAL CONSULTING SERVICES THIS AMENDMENT NO. 1 to the Agreement dated February 22, 2012 is made this day of November, 2013, by and between the CITY OF DELRAY BEACH, FLORIDA (the "City ") and KIMLEY -HORN AND ASSOCIATES, INC. (the "Consultant'). WITNESSETH: WHEREAS, the parties desire to exercise their right to renew the Agreement entered into February 22, 2012 for one year, pursuant to Section VI "Agreement Period," which will extend the contract until February 22, 2015. WHEREAS, the parties desire to further amend the Agreement in order to modify the salary and billing rates for the extension. WHEREAS, the parties desire to amend the Agreement to comport with the recent changes in state law pertaining to public records and to reference the Palm Beach County Inspector General's authority to review contracts. NOW, THEREFORE, based on the promises and covenants herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. The parties desire to repeal Exhibit "B" "Salary and Billing Rates for Kimley -Horn and Associates, Inc., Revised 1- 1- 2012" that was attached to the Agreement dated February 22, 2012 and replace it with the new "Exhibit B" as attached to this Amendment No. 1. 3. The parties desire to amend the agreement to add Paragraph X "Inspector General' and Paragraph Y "Public Records" to comport with recent changes to county and state law: X. Inspector General: Consultant 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 this contract, and may demand and obtain records and testimony from Consultant and its subcontractors and lower tier subcontractors. Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Consultant or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. Y. Public Records: Consultant shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Consultant 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 Consultant 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 Consultant. e) If Consultant does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 4. All other terms and conditions of the Agreement of February 22, 2012 not in conflict with this Amendment No. 1 shall remain in full force and effect and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 the day and year first above written. ATTEST: City Clerk Approved as to legal sufficiency and form: CITY OF DELRAY BEACH, FLORIDA M CARY GLICKSTEIN, MAYOR By: City Attorney WITNESSES: KIMLEY -HORN AND ASSOCIATES, INC. By: Print Name: Print Name: COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 2013, by He /She is personally known to me or has produced of identification) as identification_ KI day of (type Notary Public — State of Florida City of Delray Beach General Engineering Consulting Services Exhibit B Salary and Billing Rates for Kimley -Horn and Associates, Inc. Revised For Feb. 2014 Extension Employee Category Hourly Raw Salary Rates Hourly Raw Salary Rate Times 3.00 Multiplier Senior Principal $78.00 $234.00 Principal $64.82 $195.00 Senior Professional $57.65 $173.00 Professional $43.13 $130.00 Analyst $3224 $97.00 Technician/Sr. CAD $29.46 $89.00 Technician/Sr. Field Rep. $37.91 $114.00 Support Staff $22.88 $69.00 K.1BCD_RoadwaA_Marke11ngVe1r9y City CM2012 C51Contra0De1ray_lahDr rates increase_Exhihil B_ 20131014.xls AMENDMENT NO. 1 TO AGREEMENT FOR GENERAL CONSULTING SERVICES THIS AMENDMENT NO. 1 to the Agreement dated January 24, 2012 is made this day of , 2013, by and between the CITY OF DELRAY BEACH, FLORIDA (the "City ") and MATHEWS CONSULTING, INC. (the "Consultant"). WITNESSETH: WHEREAS, the parties desire to exercise their right to renew the Agreement entered into January 24, 2012 for one year, pursuant to Section VI "Agreement Period," which will extend the contract until January 24, 2015. WHEREAS, the parties desire to further amend the Agreement in order to modify the salary and billing rates for the extension. WHEREAS, the parties desire to amend the Agreement to comport with the recent changes in state law pertaining to public records and to reference the Palm Beach County Inspector General's authority to review contracts. NOW, THEREFORE, based on the promises and covenants herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. The parties desire to repeal Exhibit "B" that was attached to the Agreement dated January 24, 2012 and replace it with the new "Exhibit B" as attached to this Amendment No. 1 . The parties desire to amend the agreement to add Paragraph X "Inspector General" and Paragraph Y "Public Records" to comport with recent changes to county and state law: X. Inspector General: Consultant 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 this contract, and may demand and obtain records and testimony from Consultant and its subcontractors and lower tier subcontractors. Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Consultant or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. Y. Public Records: Consultant shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Consultant agrees to: a) Keep and maintain all records that ordinarily and necessarily would be reguired 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 Consultant at the termination of the contract and destroy anv 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 Consultant. e) If Consultant does not comply with this section. the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 4. All other terms and conditions of the Agreement of January 24, 2012 not in conflict with this Amendment No. 1 shall remain in full force and effect and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 the day and year first above written. ATTEST: City Clerk Approved as to legal sufficiency and form: CITY OF DELRAY BEACH, FLORIDA By: CARY GLICKSTEIN, MAYOR By: City Attorney WITNESSES: MATHEWS CONSULTING, INC. By: Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2013, by He /She is personally known to me or has produced (type of identification) as identification. Notary Public — State of Florida KI Employer Category R. 1: Hourly Raw Salary Rates City of Delray Beach General Engineering Consulting Services Hourly Raw Salary Rate Times 3.00 Multiplier Professionals — Engineers, Architects, Planners, Economists, Scientists, Hydrologists, Hydrogeologists, Geologists, etc. Principal Engineer .................................. $ 55. 47/ hr ...... ...................... $166.40/hr. Project Manager ...... ............................... $ 53. 72A u ............................ $161.17/hr. Senior Engineer ....... ............................... $ 48. 29/ hr ............................ $144.86/hr. Engineer II ............. ............................... $ 39. 61/ hr ............................ $118.84/hr. Engineer I ................ ............................... $ 32. 19i hr ............................ $96.56ft. Technicians — Drafters, Graphic Artists, Computer, Surveyors, Cartographics, Construction Inspectors, etc. Senior Engineering Tech ........................ $ 38. 37/ hr ............................ $115.13/lu. Senior CARD Designer ......................... $ 33. 42/ hr ............................ $100.27/lu. CADD Designer ..... ............................... $ 29. 36/ hr. ........................... $88.07/hr. Construction Manager ............................ $ 39. 41/ hr ............................ $118.22/hr. Senior Inspector ...... ............................... $ 36. 60/ hr ............................ $109.79/hr. Inspector... .............................................. $ 29. 72/ hr ............................ $89.15/hr. Office Support Clerical/ Admin ........ ............................... $23.53hr ....... .....................$70.58/1u. Page 26 of 30 AMENDMENT NO. 1 TO AGREEMENT FOR GENERAL CONSULTING SERVICES THIS AMENDMENT NO. 1 to the Agreement dated January 24, 2012 is made this day of November, 2013, by and between the CITY OF DELRAY BEACH, FLORIDA (the "City ") and WANTMAN GROUP, INC. (the "Consultant "). WITNESSETK. WHEREAS, the parties desire to exercise their right to renew the Agreement entered into January 24, 2012 for one year, pursuant to Section VI "Agreement Period," which will extend the contract until January 24, 2015. WHEREAS, the parties desire to further amend the Agreement in order to modify the salary and billing rates for the extension. WHEREAS, the parties desire to amend the Agreement to comport with the recent changes in state law pertaining to public records and to reference the Palm Beach County Inspector General's authority to review contracts. NOW, THEREFORE, based on the promises and covenants herein contained, the parties agree as follows- 1 . The recitations referred to above are hereby incorporated herein. 2. The parties desire to repeal Exhibit "B" that was attached to the Agreement dated January 24, 2012 and replace it with the new "Exhibit B" as attached to this Amendment No. 1, 3. The parties desire to amend the agreement to add Paragraph X "Inspector General" and Paragraph Y "Public Records" to comport with recent changes to county and state law: X. Inspector General: Consultant is aware that the Inspector General of Palm Beach County has the authorijy to investigate and audit matters relating to the negotiation and performance of this contract and may demand and obtain records and testimony from Consultant and its subcontractors and lower tier subcontractors. Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Consultant or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. Y. Public Records: Consultant shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Consultant 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 Consultant at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure re uirements. 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 Consultant. e) If Consultant does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 4. All other terms and conditions of the Agreement of January 24, 2012 not in conflict with this Amendment No. 1 shall remain in full force and effect and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk CARY GLICKSTEIN, MAYOR Approved as to legal sufficiency and form: By: City Attorney WITNESSES: Print Name: WANTMAN GROUP, INC. By: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 2013, by He1She is personally known to me or has produced of identification) as identification. Notary Public — State of Florida 3 day of (type Wantman Group, Inc. Exhibit B 2014 Rates Hourly Hourly Raw Raw Rates Rate X 3.0 Principal Engineer 68.27 204.81 Senior Project Manager 5753 172.60 Project Manager 48.33 144.99 Senior Project Engineer 42.62 127.86 Project Engineer .35.48 106.44 Engineer 31.03 93.09 Field Engineer 39.00 117.00 Environmental Scientist 41.65 124.96 Engineer Intern 23.85 71.55 Principal Surveyor 68.27 204.81 Senior Professional Surveyor 50.82 152.46 Professional Surveyor 40.23 120.69 Surveyor/Technician 32.20 96.60 CADD Technician 25.48 76.44 2 Man Survey Crew 40.00 120.00 3 Man Survey Crew 50.00 150.00 Hydrographic /Bathymetric Crew 108.33 325.00 Graphic Artist 23.33 70.00 Administrative 22.59 67.77 Calvin Giordano Rates 2012 2014 % Increase Associate, Engineering 175.00 175.00 0.0% Director, Engineering 175.00 175.00 0.0% Project Manager 137.23 144.09 5.0% Project Engineer 119.38 125.35 5.0% Engineer 83.84 88.03 5.0% Jr. Engineer 77.24 81.13 5.0% Construction Management Director 141.53 148.61 5.0% Assistant Construction Management Director 125.05 131.30 5.0% Associate, Construction 124.15 130.36 5.0% Sr. Registered Surveyor 149.25 156.71 5.0% Registered Surveyor 95.22 99.98 5.0% Associate, Landscape 160.23 168.24 5.0% Environmental Administrator 123.93 130.13 5.0% Sr. Landscape Architect 141.83 148.92 5.0% Landscape Architect 109.70 115.19 5.0% Associate. Planning 147.11 154.47 5.0% Director of Planning 130.74 137.28 5.0% Planner 82.81 86.95 5.0% Jr. Planner 67.32 70.69 5.0% CADD Technician Manager 98.10 103.01 5.0% CADD Technician 74.52 78.25 5.0% Survey Crew 167.41 175.00 4.5% Senior Inspector 104.86 110.10 5.0% Inspector 58.84 61.78 5.0% Survey Coordinator 78.58 82.51 5.0% Environmental Specialist 73.07 76.72 5.0% Landscape CADD Technician 69.93 73.43 5.0% Clerical 69.47 72.94 5.0% Kimley -Horn 2012 2014 Rates Rates % Increase Senior Engineer 225.00 234.00 4.0% Principal 187.00 195.00 4.3% Senior Professional 167.00 173.00 3.6% Professional 125.00 130.00 4.0% Analyst 93.00 97.00 4.3% Technician /Sr. CADD 85.00 89.00 4.7% Technician /Sr. Field Rep. 110.00 114.00 3.6% Support Staff 66.00 69.00 4.5% Average 4.1% Mathews 2012 2014 Rates Rates % Increase Principal Engineer 161.55 166.40 3.0% Project Manager 156.48 161.17 3.0% Senior Engineer 140.64 144.86 3.0% Engineer II 115.38 118.84 3.0% Engineer II 93.75 96.56 3.0% Senior Engineering Tech 111.78 115.13 3.0% Senior CADD Designer 97.35 100.27 3.0% CADD Designer 85.50 88.07 3.0% Construction Manager 114.78 118.22 3.0% Senior Inspector 106.59 109.79 3.0% Inspector 86.55 89.15 3.0% Support Staff 68.52 70.58 3.0% Average 3.0% Wantman 2012 2014 Rates Rates % Increase Principal Engineer 204.81 204.81 0.0% Senior Project Manager 164.43 172.60 5.0% Project Manager 141.33 144.99 2.6% Senior Project Engineer 125.10 127.86 2.2% Project Engineer 103.23 106.44 3.1% Engineer 89.85 93.09 3.6% Field Engineer 112.50 117.00 4.0% Environmental Scientist 119.01 124.96 5.0% Engineer Intern 68.16 71.55 5.0% Principal Surveyor 204.81 204.81 0.0% Senior Professional Surveyor 152.46 152.46 0.0% Professional Surveyor 115.44 120.69 4.5% Surveyor /Technician 93.75 96.60 3.0% CADD Technician 76.44 76.44 0.0% 2 Man Survey Crew 120.00 120.00 0.0% 3 Man Survey Crew 150.00 150.00 0.0% Hydrographic /Bathymetric Crew 325.00 325.00 0.0% Graphic Artist 66.74 70.00 4.9% Administrative 65.25 67.77 3.9% Average 2.5% MEMORANDUM TO: Mayor and City Commissioners FROM: Vincent Nolan, CEcD, Economic Development Director DATE: October 17, 2013 SUBJECT: AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 INTERLOCAL FUNDING AGREEMENT/ COMMUNITY REDEVELOPMENT AGENCY (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. The CRA will fund 50% of the cost (approximately $45,000) for the Economic Development Director position and 50% of the cost (approximately $35,000) for the Economic Development Manager. The total salary/benefits of each position is $90,000 (Economic Development Director) and $70,000 (Economic Development Manager), respectively. The City will pay 50% of each position as well. 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 17, 2013 SUBJECT: AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 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 17, 2013 SUBJECT: AGENDA ITEM &M. -REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 INTERLOCAL AGREEMENT/ CRA/ NEIGHBORHOOD PLANNER POSITION ITEM BEFORE COMMISSION The item before Commission is to approve 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 not to exceed thirty-eight thousand, two hundred eighty - four and 00 /100 Dollars ($38,284). The City will pay 50% as well. The total salary/benefits for the position is $76,568. 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 up to an amount not to exceed thirty-eight thousand, two hundred eighty -four and 00 /100 Dollars ($38,284) for the services provided by the Neighborhood Planner. The Neighborhood Planner plans, organizes and manages activities at the Neighborhood Resource Center, works with neighborhood associations throughout the CRA's district to build capacity and promote improved living conditions. The Neighborhood Planner also makes presentations and prepare reports, and acts as a liaison between the CRA and the neighborhood groups as- needed. Fifty percent (50 %) of the Neighborhood Planner salary and benefits is captured in the Community Improvement Department's Sanitation budget, since the litter prevention activities are now reassigned to this position. The term of these Agreements 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. 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 the Neighborhood Planner position, not to exceed thirty-eight thousand, two hundred eighty -four and 00 /100 Dollars ($38,284). 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 24, 2013 SUBJECT: AGENDA ITEM 8.N. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 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 17, 2013 SUBJECT: AGENDA ITEM 8.0. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 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 of the Housing Rehabilitation Inspector salary and benefits, not to exceed thirty -six thousand, nine hundred thirty -six dollars ($36,936). The City will pay 50% as well. The total salary/benefits for the position is $73,872. BACKGROUND The City and the CRA fund various housing rehabilitation programs to address the elimination of slum and blight conditions within the City's CDBG and Community Redevelopment areas. The CRA's contribution provides for the sharing of the Housing Rehabilitation Inspector with the Delray Beach Community Land Trust and CRA 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 Rehabilitation Inspector, within the City's Neighborhood Services Division, to implement various State and Federal housing rehabilitation - funded programs. 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 -six thousand, nine hundred thirty -six ($36,936) for the services provided by the Housing Rehabilitation Inspector. 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. 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 Rehabilitation Inspector position, not to exceed thirty-six thousand nine hundred thirty-six and 00 /00 dollars ($36,936). 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 30t', 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 315), 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: DEane Colonna, Executive Director STATE OF FLORIDA COUNTY OF PALM BEACH la Cary Glickstein, Mayor COMMUNITY REDEVELOPMENT AGENCY By: 4 Howard Lewis, Chair The foregoing instrument was acknowledged before me this W day of Z , 2013, by Howard Lewis, Chair of the Delray Beach Community Redevelopment Agency, on behalf of the Delray Beach Community Redevelopment Agency He/She is personallv known to me or has produced (type of identification) as identification. Kdstyn Cox z° .aCO MISSO #EE8597,93 •,,o;EVIRE&MAR.23,2017 Nota Public, State of Florida : rgpya� Vdwtd.ARIROiVNOTARY.COnIf DNT:dnt H:1_GOV CLIENTST13CRA 655/060018 DBCRAtiAGMT 2013XILA Housing Rehab Inspector FY13- 14.doo 5 MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: October 30, 2013 SUBJECT: AGENDA ITEM 8.P. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT /CRA: MICROENTERPRISE PROGRAM ITEM BEFORE COMMISSION This item before the Commission is to approve the First Amendment to the Interlocal Agreement dated August 7, 2013 between the City of Delray Beach and the Community Redevelopment Agency (CRA) for the Microenterprise Program to amend the term and the dates for the quarterly payments to be made by the CRA to the City. BACKGROUND The City and CRA entered into an Interlocal Agreement for the funding of the Microenterprise Program on August 7, 2013. The First Amendment will change the commencement date from July 1, 2013 to October 1, 2013 and amend the dates for the quarterly payments to be made by the CRA to City. The Agreement will expire on September 30, 2014. The same may be renewed by the City Commission and the CRA Board of Directors in writing annually, providing the funding for the program is allocated and approved as a part of the annual budgets. Section 3, "Term, " of the Original Agreement is hereby amended to read as follows: Term. This Agreement shall commence on October 1, 2013 and shall expire September 30, 2014 This Agreement may be renewed by the City Commission and CRA Board of Directors in writing annually, provided that funding for the program and for the Neighborhood Services Administrator position are set forth in both the City and CRA budgets and those budgets are approved. Either parry may cancel this Agreement upon providing written notice to the other party at least (30) days prior to cancellation. Section 4, "Compensation, " of the Original Agreement is hereby amended to read as follows: The CRA shall make the payments to the City in quarterly increments of Twelve Thousand Five Hundred and 00 /100 Dollars ($12,500.00), after receiving the appropriate invoice from the City as follows: On or before October 31, 2013, January 2, 2014, April 1, 2014 and July 1, 2014. RECOMMENDATION Staff recommends approval of the First Amendment to the Interlocal Agreement dated August 7, 2013 between the City of Delray Beach and the Community Redevelopment Agency (CRA) for the Microenterprise Program, amending the term and dates for the quarterly payments to be made by the CRA to the City. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND COMMUNITY REDEVELOPMENT AGENCY FOR MICROENTERPRISE PROGRAM THIS INTERLOCAL AGREEMENT is made this day of , 2013 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as "CITY "), and the COMMUNITY REDEVELOPMENT AGENCY, a community redevelopment agency created pursuant to Florida Statutes, Chapter 163, (hereinafter referred to as "CRA "). WITNESSETH: WHEREAS, the CITY and the CRA are committed to increasing economic development opportunities within the City of Delray Beach by creating micro - lending programs and providing small business technical assistance for the CITY of Delray Beach; and WHEREAS, the CITY has agreed to contribute One Hundred Twenty -Five Thousand Dollars ($125,000.00) of its Community Development Block Grant (CDBG) funds and Twenty -Five Thousand Dollars ($25,000.00) of its General City Funds as budgeted by the City Commission for the purpose of creating a micro- lending program and providing technical assistance services; and WHEREAS, the CRA has agreed to contribute One Hundred Thousand Dollars ($100,000.00) for program administration, micro- lending and technical assistance services. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitations. The recitations set forth above are incorporated as if fully set forth herein. 2. Duties. CITY and CRA duties are as follows: (a) CITY shall provide services which shall include, but are not limited to the following tasks: the following: 1. Program implementation as outlined in the program guidelines attached hereto as Exhibit "A "; 2. Small business loan underwriting — determining whether a business will receive a loan; 3. Loan terms — determining the amount of money that will be loaned to a business and the interest rate of the loan; 4. Loan servicing — collecting payments from the borrower business and tracking payments and balances due; 5. Staff support to the MicroEnterprise Oversight Committee; and 7. Tracking and reporting program performance to the CRA and to the MicroEnterprise Oversight Committee. (b) CRA shall provide services which shall include, but are not limited to 1. Marketing /Outreach of Micro Lending Program and 2. Individual client engagement. (c) The CITY and CRA also agree to jointly perform and accomplish the following tasks: I . Selection and development of the MicroEnterprise Oversight Committee and 2. Selection of Small Business Technical Assistance Provider /Consultant 3. Operation of the Micro Lending Program in a manner consistent with the Guidelines which are attached hereto as Exhibit "A ". 3. Term. This Agreement shall commence on July 1, 2013 and shall expire one (1) year from the date of execution of the agreement. This Agreement may be renewed by the City Commission and CRA Board of Directors in writing annually provided that funding for the program and for the Neighborhood Services Administrator position are set forth in both the CITY and CRA budgets, and those budgets are approved. Either party may cancel this Agreement upon providing written notice to the other party at least (30) days prior to cancellation. 4. Compensation. During the term of this Agreement, the CRA shall pay the CITY a total amount of Fifty Thousand Dollars ($50,000.00), as part of the CRA's funding commitment for the Micro Lending Program. Twenty -Five Thousand Dollars ($25,000.00) of the CRA's funding is for services provided by the City's Neighborhood Service Administrator, and Twenty -Five Thousand Dollars ($25,000.00) is for funding technical assistance services for the Micro Lending Program participants The CRA shall make the payments to the CITY in quarterly increments of Twelve Thousand Five Hundred and 001100 Dollars ($12,500.00), with July 1st as the commencement for the first quarter and subsequent payments to be made on October 1St, January 1St and April 1St. No later than May 30th of each year during the term of the Agreement, the CITY 0 shall provide notice to the CRA of the amount of funds that will be required of the CRA to pay the CITY for the following fiscal year in order to continue funding the Neighborhood Services Administrator position. Following receipt of the notice from the CITY, The CRA's Executive Director shall advise the CITY whether the CRA will fund the position for the following year. 5. The CITY and CRA shall comply with all applicable laws, rules and regulations, including, but not limited to all applicable worker's compensation, employer liability, Fair Labor Standards Act, and other federal, state, county, and municipal laws, ordinances, rules and regulations, as may be applicable. 6. The CITY shall provide the CRA with a quarterly report documenting the activity under the program. The report shall be provided to the CRA Executive Director no later than five (5) days prior to the end of each quarter (December 31St, March 31s1 , June 30th and September 301h). 7. No prior or present agreements or representation with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 8. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. -19 9. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 10. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement 11. Governing Law; Venue. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County, Florida. 12. Non - Discrimination. CITY and/or CRA shall not discriminate on the basis of age, religion, race, sex, marital status, handicap, or sexual orientation in the performance of this Agreement. 13. Non - Exclusive. The provision of the services provided for herein is non- exclusive. The CITY and the CRA may retain additional entities or persons to perform the same or similar work, if in its sole discretion the CITY and the CRA desires to do so. 14. Entire Agreement; Modifications. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions or previous writings between the partied. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and duly executed by both parties. 15. Upon full execution of this Agreement, this Agreement (less attachments) shall be recorded in the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the parties have heretofore set their hands and seals on the day and year first above written. 5 ATTEST: CITY OF LRAY BEACH, FLORIDA City Clerk C ry D. Glickstein, Mayor Approved as to Form: CITY Attorney Witnesses: COMMUNITY REDEV LOPMENT AGENCY By: Print Na rr e: �%t,J 6VI� Name-Howard Lewis, Chairman JC � - Title: Chairman Print Nam STATE OF FLORIDA COUNTY OF 7o The foregoing instrument was acknowledged before me this day of , 2013 by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a behalf of the corporation. STATE OF FLORIDA COUNTY OF 6—kN\ (state or place of incorporation) corporation, on He/She is personally known to me or has produced (type of identification) as identification. Notary Public - State of Florida he foregoing instrument was acknowledged before me this day of 2013 by "c-vayd 1&A/,�� s Cv" r (name of officer or agent, title of o icer or agent) of 1��eckc: C (name of corporation acknowledging), a I(state or place of incorporation) corporation, on behalf of the corporation. H�he is pejson_ ally known_ to_. me or has produced type of identification) as identific on. "Y'p•-• Kristyn Cox Nota Public State of Florida ?x° -' CAMMIS5f0N #EE859793 .5p'f EXPIRES: WAR. W+.AARONNo3 WW ARYxom •ann» 2 Exhibit A PROGRAM GUIDELINES Delray Beach CRA & City of Delray Beach Non -CDBG MicroEnterprise Loan Fund 100 NW 15t Street Delray Beach, Florida 516- 243 -7280 ProgramMission -------------------------- ------ --------- - - - - -- .--....................................... ..............................2 ProgramObjectives .................................................................................................... ..............................2 Scopeof Services ........................................................................................................ ..............................2 FundingSources ............................................................................ ..............................3 SmallBusiness Loan .................................................................................................. ..............................3 EligibleApplicants .......................................................................................................... ..... ..... ........... ......3 Ineligible Applicants ................................................... ............................... ...4 .............. ............................... EligibleActivities .......................................................................................................... ..............................3 IneligibleActivities ----- -- ---- -- .---.---..---...---.--------------.---........---.-----...---..................... ..............................4 Administrative Procedures ......................................................................................... ..............................5 OversightCommittee .................................................................................................. ..............................6 QualifyingFactors ................................................................ ........................ ... . . .. .......----------- .....-- -. - -.9 Securityand Collateral ................................................................................................ .............................10 Loan Closing Procedures ............................................................................................ .............................11 Filing and Loan Documentation ................................................................................... ....... ....... ........ . ...12 Payment and Collection Procedures ......................................................................... .............................12 ReportingRequirements ........................................................................................... .............................12 a PROGRAM MISSION The mission of the Delray Beach MicroEnterprise Program is to help businesses develop, so that they can create or retain jobs that will principally benefit low to moderate - income persons. The program provides technical and financial assistance to entrepreneurs that demonstrate the ability to create new jobs, or retain existing ones, as a result of their participation in the program. We offer loans and technical assistance services to entrepreneurs and small business owners. The program is intended to work with local banks and form strategic partnerships focused on building creditworthiness among small developing businesses. PROGRAM GOALS AND OBJECTIVES The objectives of the Delray Beach MicroEnterprise Program are to: A. Create new permanent jobs for local (primarily low- and moderate - income) persons by providing low interest loans to small- and minority -owned businesses B. Increase the per capita income and tax base of the City of Delray Beach C. Encourage private investment that will expand local business activity D. Redevelop and /or recycle slum, or blighted orvacant land and facilities throughout the City, including, but not limited to the Delray Beach Community Redevelopment Area E. Assist businesses owned and /or operated by women, minorities, or other persons economically disadvantaged F. Provide technical assistance to the MicroEnterprise Loan clients in the areas including, but not limited to, the following: • Analysis of Performance • Preparation of Budget Reports • Examination of Pricing Structures • Sales Analysis • Personnel /Staffing • Payment of Payroll and Other Taxes • Business Networking and Market Development • Bonding and Insurance; and • Self- esteem SCOPE OF SERVICES Through the MicroEnterprise Program financial assistance and technical assistance will be offered to small businesses located within the Community Redevelopment Area and other areas within the City of Delray Beach. A separate loan fund, with independent guidelines will address businesses located in the Community Development Block Grant target area. CRA funds may only be disbursed to individuals or businesses located within the Community Redevelopment Area. Funds allocated by the City of Delray Beach from the City General Fund may be used anywhere in the City of Delray Beach. Business owners and entrepreneurs will also agree to accept any additional required technical assistance courses based upon the recommendation of the Program Administrator, the Economic Development Director and /or CV bz the Oversight Committee. The Economic Development Director, the Program Administrator (Neighborhood Services Administrator) or other qualified professional group(s) or individual(s) may provide technical assistance as necessary. FUNDING SOURCE The MicroEnterprise Loan Fund is funded through the Delray Beach Community Redevelopment Agency (CRA) and the City of Delray Beach General Fund. Loans are subject to fund availability. LOAN TERMS • Maximum Loan Amount: $25,000 • Minimum Loan Amount: $2,500 • Repayment Terms cannot exceed 7 years • Interest Rate will vary between 2% and 5 %, as determined by the Oversight Committee; and • Loan must be fully secured. ELIGIBLE APPLICANTS Applicants may be an individual, corporation, partnership or other legal entity organized or operating as a for profit business. For loans funded by the CRA, the business must be located within the Delray Beach Community Redevelopment Area. For loans funded by the City of Delray Beach General Fund, the business may be located anywhere within the City limits. Additional eligibility criteria shall include, but not be limited to, the following: • Credit worthy, commercial and industrial property owners ortenants who are able to document the need for CRA or City Funds. Applicant must demonstrate a complete need for financing and /or financing gap and that receiving this assistance will create, expand, or improve the business. • Start -ups of small businesses with a minimum 10% cash equity injection Applicants can apply to receive more than one loan under the Delray Beach MicroEnterprise Program, as long as they are not funded by the same source and the business reflects adequate cash flow for repayment. INELIGIBLE APPLICANTS A loan will not be made to businesses or persons with unsatisfactory credit, delinquent taxes or other liens. Ineligible applicants also include: • CRA employees and their immediate family members; Neighborhood Services Division (NSD) employees and their immediate family members; and Oversight Committee members and their immediate family members. The loan application shall require that applicants must disclose if they are related to any party reviewing or approving the loan application. • City of Delray Beach employees not employed with NSD may apply for funding through this program. M aQ QUALIFYING FACTORS Loan packages must meet at least one of the following objectives: 1. Create or retain jobs for low and /or moderate- income persons; 2. Aid in the prevention or elimination of slums or blight; and 3. Alleviate urgent need Loan applicants and their business ventures must also meet the following criteria: ■ Must evidence a financing gap ■ Must evidence reasonably sufficient collateral and security ■ Must inject 10% percent owner's equity into the venture or loan related endeavor ■ Must demonstrate ability to repay as agreed ■ Must have good personal and / or business credit ■ Must not have Local, State, Federal tax liens or back taxes due ■ Must have a sound existing or proposed business enterprise, i.e., available cash flow must be evident to service the proposed debt and the outlook for continued ability must be evident • Agreement to complete courses, workshops, seminars if person has not evidenced formal education and training or experience in business • Must exhibit good character and integrity • Must have established commercial checking account for the business • Must have a valid business license and provide appropriate insurance verification ELIGIBLE ACTIVITIES These loans will assist entrepreneurs in obtaining financing for various operational necessities. Proceeds can be used for the following: ✓ Purchase machinery, equipment, supplies and inventory ✓ Purchase business or franchise located within the CRA district if funded by the CRA ✓ Real estate acquisition for real estate located within the CRA if funded by the CRA ✓ Make capital or leasehold (tenant) improvements ✓ Promotion /Advertising ✓ Legal /Accounting; and ✓ Other working capital needs related to business expansion INELIGIBLE ACTIVITIES The following activities /purchases are ineligible: • Finance existing debt such as payroll expenses, taxes, etc. • Finance accounts receivables • Legitimate business activity when more than 10 percent of the annual gross revenue is derived from legalized gambling activity ca • Any project that is in violation of either a Federal, State, or Local environmental protection law or regulation • The transfer of ownership, unless the loan will keep the business from closing or prevent the loss of employment opportunities • Purchase furnishings and personal property not an integral structural fixture of the business • Debt consolidation • Finance political activities • Restaurant start -up enterprises. Existing restaurants must be in operation for at least one (1) year prior to submitting an application for expansion, working capital or technical assistance. • Any other unspecified business activity or use of funds not in keeping with the program goals, as determined by the Economic Development Director and the Program Administrator. ADMINISTRATIVE PROCEDURES Initial Screening After making initial contact with the Economic Development Director, Program Administrator or other program staff member, the applicant will receive a loan package for review and completion. Once the applicant submits a completed loan package and business plan, the Neighborhood Services Administrator schedules an interview with the applicant to determine the viability and eligibility of project, financial condition of business and owner, management experience and expertise, and level of commitment of the business owner. Interview Process During the interview, the Program Administrator will review the business plan and financial data together. It will be explained that no loan commitment of any kind and no presumptions are to be made as to the receipt of funds until after the loan review process is completed. Additionally, the Program Administrator shall inform the applicants that fully completed packages must be submitted by the last business day of each month to be considered for the next Oversight Committee meeting date. The complete process can take thirty days (30) to sixty (60) days, from initial interview to final approval or disapproval of loan. In situations where applications are received after program funds have been depleted for the current fiscal year, the process time will be communicated to applicants accordingly. Business owners, particularly start -up business owners, deemed to be in need of technical support services shall be referred to the technical assistance consultant for appropriate services. Such referrals may also come from the Oversight Committee upon subsequent review of the loan package presented by the Program Administrator. The loan application shall require that applicants must disclose if they are related to any party reviewing or approving the loan application. Upon receipt of completed application, business plan and cash flow projections, an authorized credit report will be obtained. In some cases, the Program Administrator will obtain copies of the client's tax returns directly from the Internal Revenue Service. The Program Administrator will prepare a loan package for review by the Community Improvement Director, Economic Development Director and Oversight Committee. r`s� If additional information is needed to supplement the application, the client will receive a letter indicating the additional information needed. While the applicant is gathering the requested information, the Program Administrator will establish a working file. If no response is received from the applicant within two (2) weeks, a follow -up letter will be sent. Additional Procedures The Program Administrator will make an on -site visit to the business prior to recommending approval of funds in order to evaluate and verify the following: • Business's operation or future operation • Condition of fixed assets • Recordkeeping; and • Business location The Program Administrator will also verify the existence of a business commercial checking account in the name of the business with an established financial institution. The applicant must commit to ensuring a drug free workforce and a handicap accessible environment. If at any point, unfavorable information is discovered that would make the project ineligible or less viable, the loan or technical assistance process will cease, and a denial letter is sent to the applicant citing the reason(s) for the declination. OVERSIGHT COMMITTEE The Oversight Committee ( "Committee ") is appointed collaboratively by the Delray Beach City Commission and the Delray Beach CRA Board and will provide policy guidance as well as provide suggestions for program development for the Delray Beach MicroEnterprise program. The Committee will be comprised of volunteers with specific expertise from various professional areas within the local community, including bankers, lawyers and accountants. The Committee shall be comprised of five (5) members. Of the five (5) members, no less than two (2) members shall be banking professionals currently employed by a bank, one (1) member shall be a licensed accountant, and one (1) member shall be an attorney actively licensed by the Florida Bar with a background in business and corporate law. The fifth member may also represent one of the identified categories, or be a general representative of the community with a broad business background. Three Committee members shall be appointed by the City Commission. Two Committee members shall be appointed by the CRA Board. Each member's term will consist of a two -year period. Upon the term's expiration, board members will have the opportunity to relinquish their seat or request to serve an additional term. When a committee member's term expires and they choose not to serve another term the Community Improvement Director, Economic Development Director and Program Administrator will take recommendations for potential candidates. These names will be submitted to the City Commission and CRA Board for review. There is no maximum number of terms that a committee member can serve. Initial members will be assigned staggered terms commencing 7/1/13, with two members initially expiring on 6/30/14. The Committee's duties and responsibilities area as follows: • Review loan packages and make recommendations to the City Commission or the CRA Board as appropriate, for approval or disapproval a • Make recommendations on policies and procedures • Encourage business development with the City of Delray Beach • Make loan applicant referrals • Market and promote the Micro Enterprise Program and • Attend monthly committee meetings The Committee's additional duties are to evaluate business proposals and loan packages. The applicant's managerial capabilities will also be evaluated to determine the applicant's strength of operating the business. The committee will recommend changes, which could strengthen the loan request to the benefit of the City and applicant. Such recommendations may include referrals to technical assistance services provided by the MicroEnterprise Program's technical assistance consultant, if not previously required by the Program Administrator. The meetings of the Committee shall be subject to the Florida Sunshine Law, Section 286.011, Florida Statutes, and any information provided to the Committee shall be subject to Florida Public Records Law, Section 119.07, Florida Statutes. If a conflict in interest exists between applicants being reviewed and a board member, the board member must recuse him /herself from voting on the loan package. Loans will be evaluated in compliance with criteria listed under HUD's guidelines 24 CFR 570.209 as listed below: • Project cost reasonability • Sources of project financing committed • Project is financially feasible • To the extent practicable, the return on the owner's equity investment will not be unreasonably high. Regular committee meetings will be held on a monthly basis. When program funds have been depleted for the current fiscal year, meetings will be on an on -call basis at the discretion of the Committee Chair. Any committee member that is unable to attend a meeting will provide advance notice to the Community improvement Director, Economic Development Director or Program Administrator. Prior to any scheduled Committee meeting, the Economic Development Director or Program Administrator will make a recommendation to approve or disapprove the loan application. The agenda materials, including any recommendations made by the Economic Development Director or Program Administrator will be distributed to the Committee members on the second Monday of every month. In some case the Economic Development Director or Program Administrator will review loan proposals that will not meet the program's objectives and those packages will not be included in the agenda materials for the Committee meeting The Committee, however, will be presented with a summary of these proposals and reasons for disqualification. The Committee will have the opportunity to discuss the proposed loan packages at the Committee meeting. The Committee has the authority to approve a loan package upon a majority vote of the Committee members voting at a Committee meeting. The Economic Development Director and the Program Administrator shall ensure that;: a� • Loan proposals do not violate local, state or federal regulations; a • Loan proposals using CRA funds are consistent with the provisions of Chapter 163, Florida Statutes, and are consistent with the goals and objectives of the CRA Redevelopment Plan; • Loan proposals for City and CDBG fulfill the City's goals for economic development; and • Loan proposals do not exceed funding that is available in the program's allocated budget. The Committee and the Program Administrator shall review all information provided, and may ask questions and request additional information as part of their decision making process. The Committee's loan determination must include: • Loan amount and interest rate • Collateral • Terms • Payment deferrals (if applicable); and • Contingencies • Loan Application Checklist Three members of the Committee must be present in order to have a quorum for the Committee to conduct any business. In the event an entity's application for a loan is denied by the Economic Development Director or the Program Administrator, the Committee may reverse the decision under the following circumstances: a. The applicant provides additional information that may affect the ability of the applicant to repay the loan; and b. The applicant submits an appeal of the denial, in writing, no later than two (2) weeks from the date of denial letter. The appeal letter must be sent directly to the Economic Development Director and the applicant must include the additional information to supplement their denied proposal. After the information is received the Economic Development Director and /or Program Administrator will present it to the Committee at the next scheduled Committee meeting. SECURITY AND COLLATERAL The following policy will be used to determine the amount of collateral required for loans made through the City of Delray Beach MicroEnterprise Program and to establish the value of offered collateral. All loans must be fully secured. Types of Assets Acceptable as Collateral • Liquid assets (cash and marketable securities) • Real estate (commercial and /or residential) • Machinery and equipment • Furniture and fixtures; and • Both personal and business guarantees (other guarantees may be considered) Value of Collateral OQ a� �c cl. The City of Delray Beach will require an appraisal of the current value of collateral pledged, as determined by a qualified appraiser. Specifically, if real estate is offered as collateral, a real estate appraiser will be used; if machinery and equipment are offered, an appropriate industrial appraisal will be used. Where possible, the following methods will be used: • Appraisal /Fair Market Value (real estate) • IRS Valuation Tables (machinery, equipment and vehicles) The security interest (collateral position) of the Delray Beach MicroEnterprise Loan Fund may be made subordinate to the interest of other lenders such as banks and the U.S. Small Business Administration in order to secure total project financing. Each applicant receiving financial assistance through the Delray Beach MicroEnterprise Loan Fund must maintain appropriate amounts and type(s) of insurance necessary to cover the maximum principal loan amount outstanding. The insurance policy must designate the City of Delray Beach and /or the Delray Beach Community Redevelopment Agency as loan loss payee. I►ri[Q0INf•]dl►[e Each loan will be monitored regularly by the Program Administrator until the loan is paid in full. Monitoring will be conducted in the following areas: • General performance • Recordkeeping • Creation /Retention of jobs • Public benefit • Personal property management; and • Accountability /Financial (i.e. timely payment of debt services) When potential issues with respect to the applicants performance are identified, on -site visits will be conducted more frequently, as determined by the Program Administrator. Photographs will be taken and maintained in the loan recipient's file, and the status of the loan will be documented in the file. Based on the review of the Monitoring Report and other appropriate documents, a need for additional technical assistance may be determined, pursuant to the Loan Agreement executed between the borrower and lender. LOAN CLOSING PROCEDURES Loan closings will be facilitated by either the Delray Beach City Attorney's Office or the Delray Beach CRA's General Counsel. Borrowers are responsible for all closing costs. Before a loan closing is scheduled, the following should be in place: • Commitment letter signed by the Committee Chair to the borrower(s) specifying the terms and conditions of the loan • Verification of ownership of collateral must be conducted before disbursement of funds. In 01s cases were property is used as collateral a title opinion must be completed. There must be a a sworn statement of ownership if entity is a sole proprietorship or partnership. If it is a corporation there must be a corporate resolution and bylaws must be provided. • Executed agreement between the City of Delray Beach or the Delray Beach Community Redevelopment Agency specifying loan purpose and amount • Signed document from borrower(s) committing to create or retain jobs to benefit low- to moderate - income persons • In cases where a partnership is formed between the Neighborhood Services Division and a financial institution, a copy of the commitment letter must be provided. • Copies of invoices that include business name, address and fully delivered cost must be submitted prior to loan closing. Checks will not be made out to the applicant; and The following legal documents are necessary to close Delray Beach MicroEnterprise Loan Fund loans: a. Promissory Note — A written promise to pay a certain amount of money at a certain time in a certain number of installments. It also provides for payment of interest. b. Deed to Secure Debt (Security Deed) — Document, which conveys the land, secures payment of the specified indebtedness. It is recorded in the real properties records in the county in which the land is located. The purpose of recording the instrument is to put third parties on notice of conveyance. It should contain a due -on -sale clause. This provision one to control the person making payments on the debt by giving the option of calling the debt due if the borrower sells the property. (Only used if real property is pledged as collateral). (NOT SURE WHAT THIS IS) If they are pledging real estate, then we would prepare a mortgage. c. Loan Agreement — Document that specifies the term and conditions upon which the lender makes the loan to the borrower. d. Security Agreement — Document that creates or provides for a security interest in personal property; for example, equipment or inventory. (only used if personal property is pledged as collateral) e. Uniform Commercial Code (UCQ Financing Statement — Document that protects security interest which is created by the security agreement. Its filing puts third parties on notice of one's security interest. Any exhibits explaining or describing the tangible and intangible assets should be attracted to this document, f. Loan Closing Statement —A written analysis of the loan closing transaction which sets forth the loan amount, less any deductions for items such as recording cost and attorney fees. It should also include any credits to arrive at a net amount due to the borrower. g. Loan Commitment Letter - Written commitment by the lender to the borrower that it will lend a specific amount of money at a certain interest rate to be secured by certain collateral. The commitment is limited to a specific time period which is based on the estimated amount of the time it will take to close the loan. The commitment letter used by the Delray Beach MicroEnterprise Loan Fund should be signed by the borrower to show acknowledgement and agreement to the terms of the loan. a� an a� h. Personal Guarantee Letter -- A document signed by the borrower that commits them to repayment of the loan if the business dissolves. i. WE NEED TO DISCUSS WHETHER THE LOANS WILL BE APPROVED BY THE CITY COMMISSION OR THE CRA BOARD.Certified copy of minutes or resolution from either the Delray Beach City Commission or the Delray Beach Community Redevelopment Agency Board of Commissioners authorizing the loan. Filing of Loan Documents After the proper documents have been prepared, a loan closing is scheduled with the borrower(s), the Attorney and the Economic Development Director or Program Administrator. After all documents have been fully executed by the proper authorities they are disbursed and filed appropriately by the Program's closing Attorney. The borrower(s) shall receive copies of these legal documents. After all documents are executed a recorded copy is provided to the Program Administrator or other staff for filing. The recording process should be completed immediately after the loan closing. Copies of these documents are maintained in the Delray Beach MicroEnterprise Loan Fund files along with all supporting documentation. PAYMENTS AND COLLECTIONS PROCEDURES After loan closing a coupon booklet is ordered for the customer. The book reflects the following information: • Customer name • Loan balance before payments • Monthly payment and Late fee payment • Remaining payments • Breakdown of principal and interest • Payment date; and • Payment number Payments are to be paid by the schedule due date. All payments received more than 10 days after the due date will be assessed a 10% late fee. Payments that are not made on time will be handled in the following manner: • Fifteen (15) days are allowed after payment due date before the account is considered delinquent and fifteen additional are allotted to bring account current. • Clients with delinquent accounts will receive a letter requesting that their accounts be made current. The standard delinquency notice will be sent to the customer on (1) to two (2) days after the second payment has not been received. • The letter also contains a statement reflecting that if there are extenuating circumstances preventing the customer's payment from being on time, they should contact the Program Administrator regarding this matter. Under such extenuating circumstances, the Committee can approve extensions or changes in payment schedules. a ■ If no response to the delinquency notice is received within seven (7) days, the Program Administrator and the Economic Director shall seek counsel from the City's Attorney, and where applicable the CRA Attorney to recommend action to the respective governing bode regarding what legal actions to pursue, if any. REPORTING REQUIREMENTS The Program Administrator is responsible for preparing a monthly loan status report for distribution to the Delray Beach City Commission and CRA Board. Monthly status reports will consist of the following information: a. Program income b. Number of loans c. Approved /denied loans d. Job creation /retention e. Delinquent report f. Balance of all grant funds g. Technical assistance referrals The Program Administrator will also perform the following reporting and oversight activities: • Review applicant proposals and prepare loan packages for Oversight Committee • Prepare applicant intake activity report • Updating program guidelines and applications • Collection activity on past due accounts • Monitoring handicap accessibility for businesses; and • Preparing presentations for workshops and seminars for program a� nA a, FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND COMMUNITY REDEVELOPMENT AGENCY FOR MICROENTERPRISE PROGRAM THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR MICROENTERPRISE PROGRAM ( "First Amendment ") is made this day of , 2013 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as "CITY "), and the COMMUNITY REDEVELOPMENT AGENCY, a community redevelopment agency created pursuant to Florida Statutes, Chapter 163, (hereinafter referred to as "CRA "). WITNESSETH: WHEREAS, the CITY and the CRA entered into an Interlocal Agreement for the Funding for the Microenterprise Program on August 7, 2013 (the "Original Agreement "); and WHEREAS, the CITY and the CRA desire to enter into this First Amendment to the Original Agreement to amend the Term of the Original Agreement to commence October 1, 2013, nunc pro tunc; and WHEREAS, the CITY and the CRA desire to enter into this First Amendment to the Original Agreement in order to amend the dates for the quarterly payments to be made by the CRA to the CITY. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitations. The recitations set forth above are incorporated as if fully set forth herein. 2. Section 3, "Term," of the Original Agreement is hereby amended to read as follows: 3. Term. This Agreement shall commence on October 1, 2013, nunc pro tunc, and shall expire September 30, 2014 This Agreement may be renewed by the City Commission and CRA Board of Directors in writing annually provided that funding for the program and for the Neighborhood Services Administrator position are set forth in both the CITY and CRA budgets, and those budgets are approved. Either party may cancel this Agreement upon providing written notice to the other party at least (30) days prior to cancellation. 3. Section 4, "Compensation," of the Original Agreement is hereby amended to read as follows: 4. _Compensation. During the term of this Agreement, the CRA shall pay the CITY a total amount of Fifty Thousand Dollars ($50,000.00), as part of the CRA's funding commitment for the Micro Lending Program. Twenty -Five Thousand Dollars ($25,000.00) of the CRA's funding is for services provided by the City's Neighborhood Service Administrator, and Twenty -Five Thousand Dollars ($25,000.00) is for funding technical assistance services for the Micro Lending Program participants The CRA shall make the payments to the CITY in quarterly increments of Twelve Thousand Five Hundred and 001100 Dollars ($12,500.00), as follows: a. First Quarter - CITY shall provide an invoice to the CRA on or before October 31, 2013 for the services to be provided during the first quarter of the Agreement. b. Second Quarter - CITY shall provide an invoice to the CRA on or before January 2, 2014 for the services to be provided during the second quarter of the Agreement. C. Third Quarter - CITY shall provide an invoice to the CRA on or before April 1, 2014 for the services to be provided during the third quarter of the Agreement. r d. Fourth Quarter - CITY shall provide an invoice to the CRA on or before July 1, 2014 for the services to be provided during the fourth quarter of the Agreement. The CRA shall pay the CITY no later than fourteen (14) days following receipt of the CITY's invoice during each quarter. No later than May 30th of each year during the term of the Agreement, the CITY shall provide notice to the CRA of the amount of funds that will be required of the CRA to pay the CITY for the following fiscal year in order to continue funding the Neighborhood Services Administrator position. Following receipt of the notice from the CITY, The CRA's Executive Director shall advise the CITY whether the CRA will fund the position for the following year. 4. All other terms and conditions of the Original Agreement not in conflict with this First Amendment shall remain in full force and effect. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: City Clerk Approved as to Form: City Attorney CITY OF DELRAY BEACH, FLORIDA 41 Cary D. Glickstein, Mayor Witnesses: A�yJ�tr� { Print Name:( Print Name: STATE OF FLORIDA COUNTY OF T , " - COMMUNITY REDEVELOPMENT AGENCY By. , ",- � Az'z";7 — � Howard ewis, Chairman .The foregoing instrument was acknowledged before me this day of i , 2013 by Howard Lewis, Chairman of the Delray Beach Community Redevelopment Agency. He /She is personally known to me or has produced (type of identifcation), as ideptifipation. risty x t n _CwMISS1M§EER59793 9: EXPIRESMAR.23,2017 �8 a Pub ®sWWWA,RONNOFARYAM li State of larida ®erus9a HA GOV CLIENTSIDBCRA 655/060018 DKWAGMT 20131Amendment to 'l Between City and CRA for M €croEnterprise Program 10 24 13.docx 0 MEMORANDUM 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 10, 2013 SUBJECT: AGENDA ITEM 8.Q. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 REOUEST FOR A REFUND FOR IN -LIEU PARKING SPACES/ T.O. ENTERPRISE ITEM BEFORE COMMISSION The item before the City Commission is approval of a request from T.O. Enterprise for the refund of in- lieu of parking fees paid for a project that has been withdrawn. BACKGROUND At the October 16, 2007 City Commission meeting, approval was granted for T.O. Enterprise (a/k/a Onnen Disaster and Recovery Center), to purchase three (3) in -lieu of parking spaces, totaling $46,800. As owner of the property, the applicant availed himself of Section 4.6.9(E)(3) of the Land Development Regulations entering into an In -Lieu of Parking Fee Agreement, requiring 50% payment upon ratification of the agreement with two (2) subsequent payments of 25% on or before the 2nd and 3rd anniversaries of the agreement. Terms of the payment agreement have been satisfied with the final payment made on January 6, 2011. The applicant has recently notified the Planning & Zoning Department of the discontinuance of the project, requesting a refund of in -lieu fees paid. REVIEW BY OTHERS The Parking Management Advisory Board, at its meeting of October 22, 2013, unanimously recommended approval of the refund. RECOMMENDATION By motion, approve the request for the refund of $46,800 to T.O. Enterprises for in -lieu of parking fees paid for the Onnen Disaster and Recovery Center project, which has been withdrawn. Majtenyi, Victor From: Tom Stanley atom @macmillanstanley.com> Sent: Tuesday, September 03, 2013 10:34 AM To: Pape, Scott Cc: Aronson, Scott; McDonnell, Mark Subject: Re: FW: TO Enterprises Site Plan Extension Request Postponement - Applicant Response 9.3.13 Scott: Thanks for the update. I will correspond with Scott. Best, Tom On Tue, Sep 3, 2013 at 10:24 AM, Pape, Scott <Pape(ibrnydelraybeach.com> wrote: Thanks Tom- I believe you need to get together with Scott Aronson for the refund. Scott D. Pape, AICP, FCP Senior Planner Planning and Zoning Department 100 N.W. 1st Avenue City of Delray Beach, FL 33444 Tel_ (561) 243 -7321 Fax (561) 243 -7221 e -mail address: pape@mydelraybeach.com From: Tom Stanley [mailto :tom @macmillanstanley.com] Sent: Tuesday, September 03, 2013 10:09 AM To: Pape, Scott Cc: McDonnell, Mark Subject: TO Enterprises Site Plan Extension Request Postponement - Applicant Response 9.3.13 Scott: Mr. Onnen has decided to make application for refund of the in -lieu parking fee and closing the project file. Please let me know what is needed to start the process. I have attached the payment schedule to match to the City records. Best, 1I1e,I On Tue, Sep 3, 2013 at 10:00 AM, Pape, Scott <l?ape@mydelraybeaclh.com> wrote: Tom- When your client has decided, please let me know how you want to proceed. Scott D. Pape, AICP, FCP Senior Planner Planning and Zoning Department 100 N.W. 1st Avenue City of Delray Beach, FL 33444 TeL (561) 243 -7321 Fax (561) 243 -7221 e -mail address: pape(d- )myde €raybeach.com Thomas M. Stanley, Esq. MacMillan & Stanley, PLLC 29 NE 4th Avenue 2 Delray Beach, FL 33483 phone: (561) 276 -6363 fax: (561) 276 -8881 macmillanstanle,Y Com; Established in 1946; ;Linked In/Tom Stanley PRIVILEGED AND CONFIDENTIAL: The information contained in this electronically transmitted message and any file attachments is privileged and confidential and is intended only for the use of the addressee(s). If the reader of this message is not the addressee, or the person responsible for delivery to the addressee, you are hereby notified that any dissemination, distribution, or copying of this message and any file attachments is strictly prohibited. if you have received this message in error, please notify the sender by replying via electronic mail and delete the message and any file attachments from your computer. Thank you. IRS Circular 230 Disclosure: Under recently promulgated US Internal Revenue Service standards (Circular 230), we are required to inform you that only formal, written tax opinions meeting the requirements of Circular 239 may be relied upon by taxpayers for the purpose of avoiding tax- related penalties. Accordingly, this communication is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax- related penalties under the Internal Revenue Code. Any use, distribution, copying or disclosure by any other person is strictly prohibited, Thomas M. Stanley, Esq. MacMillan & Stanley, PLLC 29 NE 4th Avenue Delray Beach, FL 33483 phone: (561) 276 -6363 fax: (561) 276 -8881 macmill_anstanley,com, Established in 1946, H _.Linked In/Tom Stanley PRIVILEGED AND CONFIDENTIAL: The information contained in this electronically transmitted message and any file attachments is privileged and confidential and is intended only for the use of the addressee(s). If the reader of this message is not the addressee, or the person responsible for delivery to the addressee, you are hereby notified that any dissemination, distribution, or copying of this message and any file attachments is strictly prohibited. If you have received this message in error, please notify the sender by replying via electronic mail and delete the message and any file attachments from your computer. Thank you. IRS Circular 230 Disclosure: Under recently promulgated US Internal Revenue Service standards (Circular 230), we are required to inform you that only formal, written tax opinions meeting the requirements of Circular 230 may be relied upon by taxpayers for the purpose of avoiding tax - related penalties. Accordingly, this communication is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax - related penalties under the Internal Revenue Code. Any use, distribution, copying or disclosure by any other person is strictly prohibited. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 IN -LIEU OF PARKING FEE AGREEMENT THIS AGREEMENT (the "Agreement ") is made as of the 1 �J day of December, 2007, by and between THE CITY OF DELRAY BEACH, a Florida municipal corporation of the State of Florida ( "City "), and T.O. ENTERPRISES, LLC, a Florida limited liability company {"Owner "). WHEREAS, Owner is the owner of certain real property located at 234 NE Ott' Avenue (the "Property„); and WHEREAS, Owner has applied to the City for approval of a 4 -story mixed -use building; and WHEREAS, as a condition of approval for the development on the Property, Owner niust provide certain parking as required under the Land Development Regulations of the City. Section 4.6.9(E)(3) of the Land Development Regulations further provides that the City Commission may approve the payment of a fee to the City in -lieu of providing required parking; and WHEREAS, Owner has requested that the City Commission approve the payment of a fee to the City in lieu of providing three (3) of the required parking spaces for the development of the Property and the City Commission has approved this request; and WHEREAS, Section 4.6.9(E)(3) of the Land Development Regulations further provides that the in -lieu parking fee shall be allowed to be paid in installments; and WHEREAS, the parties desire to enter into this Agreement in order to confirm the terms on which the in -lieu parking fee shall be paid by Owner. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and conditions contained in this Agreement, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. The parties hereby represent and warrant that the foregoing recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Property to which this Agreement applies is legally described as follows: See Attached Exhibit "A ". 3. The City hereby confirms that, pursuant to Section 4.6.9(E)(3) of the Land Development Regulations, it has approved the payment of the fees described in this Agreement in -lieu of providing three (3) of the required number of parking spaces for the development of the Property. 4. Owner shall pay to the City a total in -lieu of parking fee of $46,800.00. The total fee shall be paid as follows: (a) One payment in the amount of $23,400.00 by check delivered to the City upon execution of this Agreement by the Owner. (b) One payment, in the amount of $11,700.00 is due on the second anniversary of the date of this Agreement. (c) One payment in the amount of $11,700.00 is due on the third anniversary of the date of this Agreement. (d) Each payment shall be made to: Finance Department City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 S. In the event Owner fails to make a payment by the date required, the City shall provide written notice by certified mail, return receipt requested to Owner at 234 NE 4t1' Avenue, or at such other address as may be designated by Owner by written notice to the City. The City's notice shall request that Owner make the past due payment no later than thirty (30) days from the date the notice is received. Failure of Owner to remit payment within this thirty (30) day period shall be deemed breach of this Agreement. The City shall thereby be entitled to 2 accelerate the remaining payments demand payment and file suit in a court of law seeking all payments due, interest, costs, and attorneys' fees. b. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefits of and be enforceable by, the parties to this Agreement and their respective successors, legal representatives, and assigns. 7. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of this Agreement. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone frilly and completely expresses their understanding. 8. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties to this Agreement. 9. This Agreement is not valid unless signed by the City's Mayor and City Clerk. 10. This Agreement shall be recorded in the Public Records for Palm Beach County, Florida. IN WITNESS WHEREOF, the parties to the Agreement have caused this Agreement to be duly executed on their behalf as of the dates set forth above. ATTEST: By: Clerk `Z . City Approved as to Form: By : ,City Attorney WITNESSES: �Prin�Name� �ICS� S�-an�Q.t,� ry f x int N �- ., CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor T.O. ENTERPRISES, C - OWNER By: Tim D. Onnen, Managing Member Jurat on next page K3 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this /311kday of December, 2007 by TIM D. ONNEN, Managing Member of T.O. ENTERPRISES., : ILC, a Florida limited liability company, on behalf of the company, He isr'ponally known to me or• has produced as identification. Signature of Notary Public - State of Florida NOTARY PUBLIC STATE OF FLORIDA " Lorene Snook :Commission #DD725652 '••,��.,' Expires: JAN. 14, 2412 gp �DED ilutu ATLANTIC Ho."INC CO., INC. 4 r Exhibit A Legal Description LOTS 7, 8 AND 9, BLOCK 90, L.R. BENJAMIN'S SUBDIVISION, ACCORDING TO THE MAP OR PLAT AS RECORDED IN PLAT BOOK 12, PAGE 18, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Parcel ID No.'s: 12 43 46 16 47 000 0070; 12 43 46 16 47 000 0080; acid 12 43 46 16 47 000 0090 5 TO: T O ENTERPRISES LLC C/O TIM D ONNEN 234 NE 4TH AVE DELRAY BEACH, FL 33483 -453 INVOICE City of Delray Beach, Florida 100 N.W. First Avenue Delray Beach, Florida, 33444 (561) 243.7000 1.00 I LIEU PARKING FEE /AREA2 EXECUTION OF AGREEMENT 32327 23,400.00 23,400.00 PER AGREEMENT DATED DECEMBER 13, 2007 BETWEEN THE CITY OF DELRAY BEACH AND T.O.ENTERPRISES LLC. THIS PAYMENT IS A FEE TO THE CITY IN LIEU OF PROVIDING (3) THREE OF THE REQUIRED PARKING SPACES FOR THE DEVELOPMENT OF THE PROPERTY. OWNER SHALL PAY TO THE CITY A TOTAL IN -LIEU PARKING FEE OF $ 46,800.00. THE TOTAL FEE SHALL BE PAID AS FOLLOWS: 1. ONE PAYMENT IN THE AMOUNT OF $ 23,400.00 UPON( EXECUTION OF THIS AGREEMENT Lj 2. SECOND PAYMENT IN THE AMOUNT OF $ 11,700.00 IS DUE ON THE SECOND ANNIVERSARY OF AGREEMENT ' WHICH IS 12/01/2009 �ECEiVEt 3. THIRD PAYMENT IN THE AMOUNT OF $ 11,700.00 DUE ON THE THIRD ANNIVERSARY OF AGREEMENT D C 19 2007 WHICH IS 12/10/2010 1 FO 0 PLEASE DETACH AND SEND THIS PORTION WITH REMITTANCE DATE: 12/19/07 DUE DATE:12 /19/07 REMIT AND MAKE CHECK PAYABLE TO: City of Delray Beach Attn: Finance Department 100 NW 1st Avenue Delray Beach FL 33444 (561) 243 -7126 T 0 ENTERPRISES LLC MS - Miscellaneous Billings CUSTOMER COPY V J J f/] N L CL wL W W s U m a) m m L O 'u W s O a-+ Ac W E m CL LL to C L a O A� W J _ Q Ln O rn r- O O R - :: H H C m r i V-1 to :3 r4 H O a a cu Q m X H r. O X N Y DO Co Q 4- O (W C 0 F Ln O rn r- 0 H H H H `-I Y U a a a cu U 11 Ll t3n tio w Y .Y -G L L L a a a 0 0 0 *' :3 a a a a E J J . J T C C C f4 CL Y Y 1G U U U a a a m m co a a L = L a a a 4 4- O O O U U O U F n o H O rt H O O O a (D N 0_D LO N H m X H r. O X N Y DO Co Q 4- O (W C 0 F 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 17, 2013 SUBJECT: AGENDA ITEM 8.R. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 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 Finance received a proposal from Public Financial Management (PFM) to provide financial advisory services with respect to refunding $8,595,000 in City of Delray Beach General Obligation Bonds, Series 2004. PFM has a history of providing professional service for the City of Delray Beach at competitive rates and has been the Nations' number one ranked financial advisor for 15 years. Services that they will provide include handling of a request for proposals (RFP) from banks, financial analysis, review of bond documents, as well as structuring both the bond issue and escrow account. Based on current rates, the City will realize approximately $800,000 in total net present value savings or $88,000 /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 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. The City's contract is for a one year period and shall remain in effect unless canceled in writing by either party upon thirty (30) days written notice to the other parry. REVIEW BY OTHERS City Attorney FUNDING SOURCE The cost of the financial advisory services will be bonded and amortized over the term of the 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_, 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 one year period. The contract shall remain in effect unless canceled in writing by either party upon thirty (30) days written notice to the other party. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to 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. Inspector General. 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 this contract, and may demand and obtain records and testimony from Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 11. This Agreement shall be considered null and void unless signed by both the VENDOR and the CITY. 12. 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. 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 OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to form: City Attorney WITNESS: VENDOR: BY: (Print or type name and title) (Print or type name and title) (SEAL) EXHIBIT B CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 —, by or agent, title of officer or agent), of place of incorporation) corporation, on behalf of the corporation. (name of officer (state or He/She is (personally known to me) (or has produced identification) and has used his/her identification. (type of identification) as Signature of Person Taking Acknowledgment Name of Acknowledger Typed Printed or Stamped STATE OF FLORIDA COUNTY OF EXHIBIT C CERTIFICATE (If Corporation) } SS HEREBY CERTIFY that a meeting of the Board of Directors of , a corporation under the laws of the State of held on resolution was duly passed and adopted: 20_, the following "RESOLVED ", that , as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation ". 1 further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, l have hereunto set my hand and affixed the official Seal of the corporation this day of (Secretary) 20 . 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 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 $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non -Owned Vehicles. d) Employer Non - Ownership. 4. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this bid and section and the above paragraphs in accordance with which such insurance is being furnished, and shall state that such insurance is required by such paragraphs of this contract. The successful bidder will include the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate ". Attachment L, 1 of 3 ACDRD,, CERTIFICATE OF LIABILITY INSURANCE e�sR FFMOOMR Good Insurance, Inc, P.O. Box A -1 Best City, USA 00000 "IS CERTIFICATE 15ISS4iE13 AS A MAILER UF INFORMATION ONLY AND CONFERS No RGig upuN THE CERTIFICATE HOLoER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BS_D A INSURERS AFFORDINGGOVERAGE. NAIC& PSGyRE6 Willing workers Assoc. .ABC Drive AnytoTan, USA 00001 ttESURERA: A 0NSURERB: GRiERAL LSA$iLISY cauawLC�eNERw LustLRY MURERe: 01101/10 INSiR ERO: xlsuR�R�: COVERAGES THE POUCISS OF NSURANC:E LISTED BELOW "AVE BEEN ISSUED TO THE IN8i1Rm NAMED ABOVE; FOR THE POLICY PERIOD INOICAT01 NOTMTHSTANDING ANY REQUIREMENT, TERM OR CONDMON�OF ANY CONTRACT OR OTHER DOCUMENT YI1TIi RESPECT TO WHICH THIS CE nFICATE MAY 139 ISSUE} OR MAY PERTAIN, THE INSURANCE AFFOPDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU.TFIE TEAS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.ACUREGATEUMITSSHUWN MAYHAVEEEE.N REDUCED SYPPJD CLAIMS. e�sR 100 .NW 1St AVENUE KGj=TO-Me C6Rnrl"TEUMDER KWW TO IRE RIOT. 9UrFA"RE TO D¢ SO SRALL PO1fCYNU6S6ER POLIGYE E7CP TIOut UNM A GRiERAL LSA$iLISY cauawLC�eNERw LustLRY GLP07 7 6 04 01101/10 01101/11 s 500,000 kEECS:kkP iAmian�ieeann S LK,AIht51AAPE �IX;C1fz PERSONALSAWK9IRY~ S ' GcNERALAGGRECVITE ; f f OFx '7,AGGRECA7ELi¢SApF*1,8ESPER: PNLk u=.COwIOPASG i I F1 pY Pte' LOC A AUTOma"LI m-M AWAIT- ALP077606 01/01/10 01/01/11 CDid81NEUfiINGt.E LMtIY tRiiO4� "`� $ .300;:000 XLbWNEDAUTOS GC{EM"OAUTOS BCO YYIMRY $ F1OOILY iN1lIRY EHl4.iCriC,N% S HREOAUTOS 0ON4fIYNT:¢At1T08 PRFVRYYY0AMAACE >T� S i GAKAZELIABILITY AOTOONLY- EAACCIOE -N'r .aINER1tlfA,N FJIACC AUSOONLY: RGB i ANYAaYO A� S FaLaE68inMaR6EJ,ALTABA7fY -11 � CLAWS MAPS ... EACIiq �- s AGGREGATE S ' S S OECULE GTIB = RETeW"M S S7AT� FR B SYORKk7il G01[PER80.7f¢H ARO R9PWYERVUAWLffY WIP077606 03/01/10 03101/11 E.LtACRACCDMr s 100 000 E.L. DISEASE -EA ERiPLOY6t; s 100,000 ANY pNOPRIEA7wPARTNER/IXG dif NE OFF1aF�EHdIERE]InLUOEO7 E.L,DEkSE -POLICY LIMIT Srj ©Q QUQ >Eyy�ess,,�°°�� 6PES�ALPRONBIOKStnlow ¢TISEIt . U6ECIttPIWiIOFpPERA7S4 M3i LK 1CAT1aN6faEIRIS.EgF£1fL7lI5tONS ACS RY F:NG¢r�&ENESiT16PEpALS'RON80nN4 T141S INSURANCE APPLICABLE TO (state project) *CITY OF DELRAY BEACH IS ADDITIONAL INSURED see attached endorsement. yCR i SCI VIk 1 G ff V WCR CITY OF DELRAY BEACH.: sRDULD Att1"nPTR9ADOYE oEgasiaeB PaLle�i DG CAi10EsLLED RE�oReYRE EICPIRATTON DATE TRERL-ar, M IMLM fr 093URM VflL6 ENDEAVM TO KML 30 FA.Y6. WRRTU 100 .NW 1St AVENUE KGj=TO-Me C6Rnrl"TEUMDER KWW TO IRE RIOT. 9UrFA"RE TO D¢ SO SRALL DELRAY BEACH, Fla 33444 1xn6E No ONIGATION OR MAKIL" DF ANY KIND UPON THE IN&DRM RS AGENTS OR 1tEPR=kiATtYES. AISTHORQEO RiFRFSGNTAYIYE ACpRR Z5(YOEIiiDSI a . ..... ..... ..............._..._._ 1 EXHIBIT F ORY6 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 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 EXHIBIT H I 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 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: Brian Shutt, City Attorney DATE: October 22, 2013 SUBJECT: AGENDA ITEM 8.S. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 CLASS ACTION SETTLEMENT/ NWABUEZE, ET AL. V. AT & T ITEM BEFORE COMMISSION The item before Commission is to authorize participation in a Class Action Settlement in the case of Nwabueze, et al. v. AT &T. BACKGROUND Our office is requesting permission to participate in a class action settlement as we may be eligible to collect money from AT &T for unauthorized Third Party charges on our landline bills from January 1, 2005 through January 14, 2013 as these charges have been identified through a company search of billing data by AT &T. The City's records show that we are eligible because we had AT &T phone service for our land lines from January 1, 2005 through January 14, 2013. It appears from our records that we may receive approximately $1,000 back as a result of these unauthorized charges. RECOMMENDATION The City Attorney's office recommends City Commission approval. MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman Jr., City Manager DATE: October 30, 2013 SUBJECT: AGENDA ITEM 8.T. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 RATIFICATIONS TO THE PARKING MANAGEMENT ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for ratifications to the Parking Management Advisory Board. BACKGROUND On October 21, 2013, the Planning & Zoning Board appointed Mr. Gerald Franciosa as their regular representative and Mr. Clifford Durden as their alternative representative on the Parking Management Advisory Board. The Parking Management Advisory Board was established by Resolution No. 88 -97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road AlA within the corporate limits of the City. A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and they are registered. RECOMMENDATION Recommend City Commission approve and ratify the appointed members for terms ending on July 31, 2014 and July 31, 2015. 10/13 PARKING MANAGEMENT ADVISORY BOARD TERM MEMBERS CATEGORY EXPIRES 07/31/15 Gerald Franciosa Unexp Appt 10/21/13 939 Eve Street P & Z Delray Beach, FL 33483 07/31/14 William Morse CHAMBERS Appt 07/21/10 210 NE 6`'' Avenue, Suite #101 Ratified 08/17/10 Reappt 07/25/12 Delray Beach, FL 33483 Ratified 08/21/12 07/31/15 William Branning CRA Appt 08/08/13 1461 SW 15`x' Street Ratified 09/17/13 Boca Raton, FL 33486 07/31/14 Margie Walden WARC Unexp Appt 10/19/10 6103 Caladium Road Ratified 11/02/10 Reappt 07/12/12 Delray Beach, FL 33484 Ratified 08/21/12 07/31/14 Diane Franco DDA Unexp 08/21/09 alt 2737 S. Clearbrook Circle Ratified 11/17/09 Reappt 07/12/10 alt Delray Beach, FL 33445 Ratified 08/17/10 Reappt 07/02/12 reg The representatives above are ratified by the City commission. The representatives below are appointed by the City Commission. 07/31/14 Mr. Bruce Gimmy, Chair Atlantic Avenue Corridor Unexp Appt 07/25/13 12 East Ocean Avenue Between Swinton Avenue Ocean Ridge, FL 33435 and the Intracoastal 07/31/14 Alan Kornblau Atlantic Avenue Corridor Unexp Appt 01/03/08 2472 Par Circle Between Swinton Avenue Reappt 01/05/10 Reappt 07/17/12 Delray Beach, FL 33445 and Interstate 95 07/31/14 John Gergen, Chair Atlantic Avenue and State Unexp Appt 05/06/08 34 South Ocean Blvd. Road AIA Corridors and Reappt 01/05/10 Reappt 07/17/12 Delray Beach, FL 33444 lying East of the Intracoastal Waterway 07/31/14 Old School Square Historic Arts District Vacant 07/31/15 Allen Huntington Citizen -at -Large Appt 07/25/13 1011 Langer Way Delray Beach, FL 33483 07/31/15 Brian Rosen Citizen -at -Large Unexp Appt 04 /05/11 106 NE 16d' Street Reappt 08/02/11 Reappt 07/25/13 Delray Beach, FL 33444 PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS MEMBERS I CATEGORY TELEPHONE 07/31/14 Clifford Durden, Vice Chair P &Z Unexp Appt 10/21/13 702 Chatelaine Blvd. East Delray Beach, FL 33445 07/31/14 CHAMBERS Unexp Appt Vacant 07/31/14 Reginald Cox CRA Unexp Appt 08/08/13 715 NW 2nd Street Ratified 09/17/13 Delray Beach, FL 33444 07/31/14 Peter Perri WARC Appt 07/12/12 65 H NE 41' Avenue Ratified 08/21/12 Delray Beach, FL 33483 07/31/14 Albert Richwagen DDA Appt 07/13/12 251 NE 17`x' Street Ratified 08/21/12 Delray Beach, FL 33444 S /City Clerk /BoardD /Parking Management Advisory Board Contact: Scott Aronson — Parking Management Specialist 243 -7196 ATTENDANCE RECORDS - 2013 PARKING MANAGEMENT ADVISORY BOARD NAME JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 22 26 19 23 28 25 Appt Vacant Exp 07/31/14 Historic Arts District John Gergen, Vice Chair Re Appt 07/17/12 Atlantic Avenue & Exp 07/31/14 P P P P AIA Corridors/Lying East of the ICW N O N O N Allen Huntington Appt 07/25/13 Citizen -at -Large Exp 07/31/15 O M E M E M Re Appt 07/07/12 Alan Kornblau, Exp 07/31/14 E P P E P E Atlantic Avenue Corridor T T T Between Swinton Avenue and I I i Interstate 95 N G N G N G S Vacant Appt P &Z Exp 07/31/15 Diane Franco Re Appt 07/02/12 DDA Exp 07/31/14 P P P William Morse, Re Appt 07/21/12 Chambers Exp 07/31/14 P P P P Bruce Gimmy, Chair Appt07 /25/13 Atlantic Corr. /Swinton & the P P P P ICW Exp 07/31/14 Brian Rosen, Re Appt 07/25/13 Citizen -at Large Exp 07 /31/15 N O M E E T I N G P P P N O M E E T I N G N O M E E T I N G S William Branning Appt 08/08/13 CRA Exp 07/31/15 Margie Walden Re Appt 10/12/2012 WARC Exp 07/31/14 P P P ALTERNATE MEMBERS Reginald COX Appt 08/08/13 CRA Exp 07/31/14 Albert Rlchwagen Appt 07 /02/12 )D)DA Exp 07/31/14 Vacant Appt P&Z Exp 07/31/14 Peter Perri Appt 07/10/12 WARC Exp 07/31/14 Vacant Appt Chambers Exp 07/31/14 S /City Clerk/Board Attendance 13 /Parking Management Advisory Board • The meeting on January 22nd, May 28m, July 23rd, and August 27th was cancelled due to a lack of agenda items. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: October 29, 2013 SUBJECT: AGENDA ITEM 8.U. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 REQUEST FOR SUBORDINATION/ 3740 LANCEWOOD PLACE ITEM BEFORE COMMISSION The item before Commission is authorization and approval to subordinate the City's Neighborhood Stabilization Program (NSP) second mortgage position to allow Lana Ritz, 3740 Lancewood Place, to modify her mortgage to reduce her interest rate and shorten the loan term with no consolidation of debt or cash -out. BACKGROUND Lana Ritz, 3740 Lancewood Place, participated in the City's Neighborhood Stabilization Program in 2011. She purchased the property for the amount of $200,000. Ms. Ritz financed $151,500 and was granted subsidy in the amount of $49,500. Ms. Ritz is requesting a subordination of lien for rate and term reduction. The subordination will allow Ms. Ritz to decrease her interest rate by .75% thereby saving herself an estimated $122,000 over the life of her mortgage. The monthly payment will increase by $145.26 per month but will decrease the term of her mortgage from 30 to 15 years. The new loan amount will be $146,000.00. In order for a homeowner assisted by NSP funds to refinance her first mortgage or obtain a second mortgage, the City of Delray Beach must agree to subordinate its second mortgage. The City's decision whether or not to subordinate is rendered on a case -by -case basis with the primary objective being "increasing the affordability of housing ". This request is to maintain the City's mortgage position in second position and to allow Lana Ritz to refinance her mortgage with no consolidation of debt or cash - out, pursuant to the adopted subordination policy dated August 1, 2000. A copy of the Subordination Policy is attached for reference. RECOMMENDATION Staff is recommending City Commission approval to subordinate its Neighborhood Stabilization Program (NSP) second mortgage position to allow Lana Ritz, 3740 Lancewood Place, to modify her mortgage to reduce her interest rate and shorten the loan term with no consolidation of debt or cash -out. VOL, ROUNDPOINT MORTGAGE COMPANY DATE: October 21, 2013 TO: Ferline Mesidort City of Delray PHONE: 561 - 243 -7236 FAX: 561 - 243 -7221 RE: Subordination Request Borrower: Lana Ritz Loan #: 7000008967 Address: 3740 Lancewood Place A mutual borrower of ours has applied for a loan with our company and we need your assistance in obtaining a Subordination agreement of his existing 2nd mortgage / HELOC with your company. Please utilize the following contact information if you need additional documentation. Company Name: Contact Person: Company Address Contact Email: Contact Phone Contact Fax: Round Point Mortgage Company Andie Justian 5032 Parkway Plaza Blvd. Charlotte, NC 28217 Andrea .Justian @roundpointmortgage.com 704 - 426 -8724 702- 940 -4608 NOTE: RoundPoint Mortgage requires a copy of the following items to be remitted • Original Note or HELOC contract agreement • Approved and endorsed Subordination Agreement Please email or fax Andie Justian a copy of the final approved subordination and Note prior to shipping the originals to the Closing Company contact listed below: Closing Company: Performance Title, LLC. Closing Address 137 Main Street Bay St. Louis, MS 39520 Our team has provided a complimentary prepaid FEDEX label addressed to the Closing Agent. Additional Instructions From: (704) 426 -8724 Andie Justian RoundPoint Financial 5032 Parkway Plaza Blvd Charlotte, NC 28217 Origin ID: PNVA SHIP TO: (888) 641 -3334 Lisa Comfort Performance Title, Inc. 137 Main Street BAY ST LOUIS, MS 39520 ecS® Express E J13201306280326 BILL SENDER Ship Date: 21 OCT 13 ActVllgt: 1.0 LB CAD: 1040888711INET3430 Delivery Address Bar Code I III III IIIIIII II II IIIIIII II I I I I II I III Ref # Invoice # PO # Dept # Originations - Proc. Support TRK# 7969 5873 9840 0201 XH BIXA 51AGI JAB I Ell A9E TUE - 22 OCT 4:30P PRIORITY OVERNIGHT 39520 MS -LIS BFM After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your Fed Ex account number. Use of this system constitutes your agreement to the service conditions in the current Fed Ex Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non - delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current Fed Ex Service Guide apply. Your right to recover from Fed Ex for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current Fed Ex Service Guide. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION Subordination Policy A homeowner assisted may not refinance his or her first mortgage or take out a second mortgage unless the city agrees to subordinate its second mortgage. The policy used by the City of Delray Beach regarding a subordination request is as follows: ❑ If the owner wants to refinance the first mortgage at a lower rate and/or for a shorter loan term, the City will subordinate if: ■ additional money isn't being borrowed (unless its for home repair or reasonable improvements) the resulting housing cost (PITT) does not exceed the housing cost (PITT) calculation of the original loan the new loan is for a fixed interest rate ❑ If the owner is taking out a second mortgage for necessary home repairs or reasonable improvements, the City will subordinate if: ■ the combined payments of the first and second mortgages do not exceed 35% of gross income ■ the loan is for a fixed interest rate ❑ The City will not subordinate its mortgage for owners attempting to obtain a line of credit or consolidate debt because this would enable them to increase their debt for purposes other than home improvement. The City maintains that: • Second mortgages are provided under the program to assist with homeownership • Forgivable loans are provided under the programs for the exclusive purpose of rehabilitating, enhancing and/or preserving real estate ❑ The City does not support the owner using equity for any items other than the house itself. If the purpose of the new loan is for home repair or reasonable improvements, the need must be substantiated by an inspection of the property by a City of Delray Beach housing rehabilitation inspector and/or estimates for the proposed repairs furnished by the homeowner. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION Subordination Procedures 1. The party requesting the subordination must provide the City of Delray Beach Neighborhood Services Division the following information and documentation: ■ legal description of the property ■ copy of an appraisal of the property ■ copy of the title report conducted by the lender requesting the subordination ■ amount of equity in the home ■ copy of HUD -1 or other document that will provide loan disbursement information ■ resulting housing cost (PITT) $1,079.94 = P &I monthly payment, no escrows • type of loan (fixed, variable, balloon, etc.) and interest rate Fixed, 4.000% ■ Subordination Agreement The Neighborhood Services Division shall review the above information and, if the request adheres to City policy, present the Subordination Agreement to the City Attorney's Office for review. The Neighborhood Services Division shall place the subordination request on the Consent Agenda for the City Commission Meeting and send the Subordination Agreement to the City Clerk's Office for the Mayor's signature. Once the subordination request is approved by the City Commission and the Subordination Agreement is signed by the Mayor, the Neighborhood Services Division shall follow through with the instructions provided by the lender as it relates to the mailing and/or faxing of the executed Subordination Agreement. The lender should provide the City with a recorded copy of the Subordination Agreement. Borrower LANA RITZ File No. 5101113A Property Address 3740 Lancewood PI city Delray Beach County PALM BEACH State FL Zip Code 33445 Lender /Client ROUNDPOI NT MORTGAGE COMPANY TABLE OF CONTENTS Form TOCP - "TOTAL" appraisal software by a la mode, inc. -1- 800 - ALAMODE FlIe NO. S101113A OCTOBER 11,2013 DELFINO & ASSOCIATES, INC. 7934 STIRLING BRIDGE BOULEVARDS DELRAY BEACH. FLORIDA 33446 ROUNDPOINT MORTGAGE COMPANY 5032 PARKWAY PLAZA BLVD CHARLOTTE,NC 28217 DEAR LENDER PURSUANT TO YOUR REQUEST, WE HAVE PREPARED AN APPRAISAL REPORT OF THE PROPERTY CAPTIONED IN THE "SUMMARY OF SALIENT FEATURES" WHICH FOLLOWS. THE ACCOMPANYING REPORT IS BASED ON A SITE INSPECTION OF IMPROVEMENTS, INVESTIGATION THE SUBJECT NEIGHBORHOOD AREA OF INFLUENCE, AND REVIEW OF SALES, COST, AND INCOME DATA. THIS APPRAISAL HAS BEEN MADE WITH PARTICULAR ATTENTION PAID TO APPLICABLE VALUE - INFLUENCING ECONOMIC CONDITIONS AND HAS BEEN PROCESSED IN ACCORDANCE WITH NATIONALLY RECOGNIZED APPRAISAL GUIDELINES. THE VALUE CONCLUSIONS STATED HEREIN ARE AS OF THE EFFECTIVE DATE AS STATED IN THE BOD OF THE APPRAISAL, AND CONTINGENT UPON THE CERTIFICATION AND LIMITING CONDITIONS ATTACHED. PLEASE DO NOT HESITATE TO CONTACT ME IF I CAN BE OF ADDITIONAL SERVICE TO YOU. ROBERT A. DELFINO JR. Form DCVR - "TOTAL" appraisal software by a la mode, inc. - 1- 800 - ALAMODE Borrower LANA RITZ File No. S101113A Property Address 3740 Lancewood PI City Delray Beach County PALM BEACH State FL Zip Code 33445 Lender /Client ROUNDPOINT MORTGAGE COMPANY APPRAISAL AND REPORT IDENTIFICATION This Appraisal Report is one of the following types: ❑ Self Contained (A written report prepared under Standards Rule 2 -2(a) pursuant to the Scope of Work, as disclosed elsewhere in this report.) ® Summary (A written report prepared under Standards Rule 2 -2(b) pursuant to the Scope of Work, as disclosed elsewhere in this report.) ElRestricted Use (A written report prepared under Standards Rule 2 -2(c) pursuant to the Scope of Work, as disclosed elsewhere in this report, restricted to the stated intended use by the specified client or intended user.) Comments on Standards Rule 2 -3 1 certify that, to the best of my knowledge and belief: - The statements of fact contained in this report are true and correct. - The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. - I have no (or the specified) present or prospective interest in the property that is the subject of this report and no (or the specified) personal interest with respect to the parties involved. I have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. - My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice that were in effect at the time this report was prepared. Unless otherwise indicated, I have made a personal inspection of the property that is the subject of this report. Unless otherwise indicated, no one provided significant real property appraisal assistance to the person(s) signing this certification (if there are exceptions, the name of each individual providing significant real property appraisal assistance is stated elsewhere in this report). Unless otherwise indicated, I have performed no services regarding the subject property within the prior three years, as an appraiser or in any other capacity. Comments on Appraisal and Report Identification Note any USPAP related issues requiring disclosure and any State mandated requirements: THIS APPRAISAL REPORT HAS BEEN DONE IN COMPLIANCE WITH THE HVCC GUIDELINES.THE APPRAISER OF THIS REPORT COMPLETED THE APPRAISAL REPORT IN COMPLIANCE WITH ALL APPLICABLE APPRAISER INDEPENDENCE REGULATION. THE APPRAISER HAS NOT INSPECTED THIS PROPERTY WITHIN THE PAST THREE YEARS .THE TYPICAL EXPOSURE TIME FOR THE SUBJECT PROPERTY SELLING IS APPROXIMATELY 30 -180 DAYS. APPRAISER: SUPERVISORY APPRAISER (only if required): Signature: Signature: Name: ROBERT A DELFINO JR. Name: Designation: Designation: Date Signed: 10/11/2013 Date Signed: State Certification #: CERT RES RD 2049 State Certification #: or State License #: or State License #: State: FL State: Epiration Date of Certification or License: 11/30/2014 Epiration Date of Certification or License: Supervisory Appraiser inspection of Subject Property: Effective Date of Appraisal: 10/11/2013 [:] Did Not ❑ EMerior -only from street Interior and EMerior Form ID10 - "TOTAL" appraisal software by a la mode, inc. -1- 800 - ALAMODE SUMMARY OF SALIENT FEATURES Subject Address 3740 Lancewood PI Legal Description BASAL LAKES PH I LOT 2 BLK 4 City Delray Beach County PALM BEACH State FL Zip Code 33445 Census Tract 0066.05 Map Reference 46 -42 -12 Sale Price $ Date of Sale Borrower LANA RITZ Lender /Client ROUNDPOI NT MORTGAGE COMPANY Size (Square Feet) 1,522 Price per Square Foot $ Location N;Res; Age 22 Condition C3 Total Rooms 6 Bedrooms 3 Baths 2 Appraiser ROBERT DELFINO JR. Date of Appraised Value 10/11/2013 Final Estimate of Value $ 235,000 Form SSD - "TOTAL" appraisal software by a la mode, inc. -1- 800 - ALAMODE Delfino & Associates, INC. Uniform Residential Appraisal Report File# 510111 5101113A The purpose of this summary appraisal report is to provide the lender /client with an accurate, and adequately supported, opinion of the market value of the subject property. Property Address 3740 Lancewood PI City Delray Beach State FL Zip Code 33445 Borrower LANA RITZ Owner of Public Record LANA RITZ County PALM BEACH Legal Description BASAL LAKES PH I LOT 2 BLK 4 Assessor's Parcel # 12- 42- 46- 12 -15- 004 -0020 Tax Year 2012 R.E. Taxes $ 3,049 Neighborhood Name SABAL LAKES Map Reference 46 -42 -12 Census Tract 0066.05 Occupant ® Owner ❑ Tenant ❑ Vacant Special Assessments$ 0 ® PUD HOA$ 95 ❑ peryear ® per month " Property Rights Appraised ® Fee Simple ❑ Leasehold ❑ Other (describe) Assignment Type ❑ Purchase Transaction ® Refinance Transaction ❑ Other (describe) Lender /Client ROUNDPOINT MORTGAGE COMPANY Address 5032 PARKWAY PLAZA BLVD ,CHARLOTTE,NC 28217 Is the subject property currently offered for sale or has it been offered for sale in the twelve months priorto the effective date of this appraisal? ❑ Yes ® No Report data source(s) used, offering price (s), and date(s). PALM BEACH COUNTY PROPERTY APPRAISERS WEBSITE/ REALQUEST AND OWNER.THE SUBJECT PROPERTY HAS NOT BEEN LISTED FOR SALE WITHIN THE PAST TWELVE MONTHS. I ❑ did ❑ did not analyze the contract for sale for the subject purchase transaction. E )plain the results of the analysis of the contract for sale or why the analysis was not performed. Contract Price $ Date of Contract Is the property sellerthe owner of public record? ❑ Yes ❑ No Data Sources) S Is there any financial assistance (loan charges, sale concessions, gift or downpayment assistance, etc.) to be paid by any party on behalf of the borrower? ❑ Yes ❑ No If Yes, report the total dollar amount and describe the items to be paid. Note: Race and the racial composition of the neighborhood are not appraisal factors. Neighborhood Characteristics One -Unit Housing Trends One -Unit Housing Present Land Use% Location ❑ Urban ® Suburban ❑ Rural Property Values ❑ Increasing ® Stable ❑ Declining PRICE AGE One -Unit 80 % Built -Up ® Over 75% ❑ 25 -75% ❑ Under 25% Demand/Supply ❑ Shortage ® In Balance ❑ Over Supply $ (000) (prs) 2 -4 Unit % - Growth ❑ Rapid ® Stable ❑ Slow Marketing Time ❑ Under 3 mths ® 3 -6 mths ❑ Over 6 mths 155 Low 1 Mufti- Family 10 % Neighborhood Boundaries THE SUBJECT PROPERTY IS LOCATED NORTH OF LAKE IDA ROAD,EAST OF BARWICK 450 High 35 Commercial 10 % ROAD,SOUTH OF VVOOLBRIGHT ROAD AND WEST OF CONGRESS AVENUE IN DELRAY BEACH,FLORIDA. 237 Pred. 15 Other % Neighborhood Description THE SUBJECT IS LOCATED IN A NONGATED RESIDENTIAL NEIGHBORHOOD WITHIN THE CITY OF DELRAY BEACH, FLORIDA.IT IS IN CLOSE PROXIMITY TO PUBLIC TRANSPORTATION, SCHOOLS, PARKS, SHOPPING AND EMPLOYMENT CENTERS. POLICE & FIRE PROTECTION ARE ADEQUATE. NEIGHBORHOOD APPEAL IS POSITIVE. Market Conditions (including support for the above conclusions) MARKET VALUES IN THE SUBJECTS NEIGHBORHOOD ARE STABLE. MARKETING TIMES ARE TYPICALLY BETWEEN 3-6 MONTHS,IF LISTED FOR SALE WITHIN A REASONABLE PRICE RANGE. Dimensions 75 X 100 Area 7500 sf Shape RECTANGULAR View N;Res; Specific Zoning Classification PRD-L Zoning Description PLANNED RESIDENTIAL DEVELOPMENT Zoning Compliance ® Legal ❑ Legal Nonconforming (Grandfathered Use) ❑ No Zoning ❑ Illegal (describe) Is the highest and best use of subject property as improved (or as proposed per plans and specifications) the present use? ® Yes ❑ No If No, describe *SITE SIZE AND SITE DIMENSIONS WERE TAKEN FROM REALQUEST,PALM BEACH COUNTY PROPERTY APPRAISERS WEBSITE AND OWNERS SURVEY. Utilities Public Other(describe) Public Other (describe) Off -site Improvements - Type Public Private Electricity ® 1:1 Water ® ❑ Street ASPHALT ® ❑ Gas ❑ ❑ NONE Sanitary Sewer ® ❑ Alley NONE ❑ ❑ FEMA Special Flood Hazard Area ❑ Yes ® No FEMA Flood Zone X500 FEMA Map # 1251020001D FEMA Map Date 01/05/1989 Are the utilities and off -site improvements typical forthe market area? ® Yes ❑ No If No, describe Are there any adverse site conditions or external factors (easements, encroachments, environmental conditions, land uses, etc.)? ❑ Yes ® No If Yes, describe NO APPARENT ADVERSE EASEMENTS OR ENCROACHMENTS WERE NOTED. THE SITE IS ADEQUATELY LANDSCAPED AND MAINTAINED. General Description Foundation Exterior Description materials /condition Interior materials /condition Units ® One ❑ One with Accessory Unit ® Concrete Slab ❑ Crawl Space Foundation Walls CONCRETE /GOOD Floors CPTANOODlrILE/GOOD #of Stories 1 ❑ Full Basement ❑ PartialBasement Exterior Walls CBS /GOOD Walls DRYWALL /GOOD Type ® Did. ❑ Att. ❑ S -Det ✓End Unit Basement Area 0 sq.ft. Roof Surface FLATTILE/GOOD Trim/Finish WOOD /GOOD ® Existing ❑ Proposed ❑ Under Const. Basement Finish 0 % Gutters &Downspouts ALUMINUM /GOOD Bath Floor TILE/GOOD Design (Style) 1STORY ❑ Outside Entry/Exit ❑ Sump Pump Window Type ALUM.S.H /GOOD Bath Wainscot TILE/GOOD Year Built 1991 Evidence of ❑ Infestation N/A Storm Saslylnsulated NO /NO Car Storage ❑ None Effective Age (Yrs) 5 ❑ Dampness ❑ Settlement Screens YES /GOOD ® Driveway # of Cars 2 Attic ❑ None Heating ® FWA ❑ HWBB ❑ Radiant Amenities ❑ Woodstove(s)# 0 Driveway Surface CONCRETE ❑ Drop Stair ❑ Stairs ❑ Other Fuel ELECTRIC ❑ Rreplace(s)# 0 ❑ Fence NONE ® Garage #of Cars 2 ❑ Floor ® Scuttle Cooling ® Central Air Conditioning ❑ Patio/Deck NONE ® Porch SCREEN ❑ Carport #of Cars 0 ❑ Finished ❑ Heated ❑ Individual ❑ Other NONE ❑ Pool NONE ® Other ENTRY ❑ Att. ❑ Did. ® Built-in Appliances ® Refrigerator ® Range /Oven ® Dishwasher ® Disposal ❑ Microwave ® Washer /Dryer ❑ Other (describe) Finished area above grade contains: 6 Rooms 3 Bedrooms 2.0 Bath(s) 1,522 Square Feet of Gross Living Area Above Grade Additional features (special energy efficient items, etc.). SEE ATTACHED ADDENDA Describe the condition of the property (including needed repairs, deterioration, renovations, remodeling, etc.). C3; Kitchen-updated-one to five yeam ago, Bathrooms- u dated -one to five yeam a o;THE SUBJECT PROPERTY WAS BUILT IN 1991. ACCORDING TO THE OWNER, THE KITCHEN CABINETS AND BATHROOMS WERE UPDATED APPROXIMATELY 2 -3 YEARS AGO.SEE ADDENDA FOR ADDITIONAL INFORMATION REGARDING UPGRADES /UPDATES. Are there any physical deficiencies or adverse conditions that affect the livability, soundness, or structural integrity of the property? Yes ® No If Yes, describe SEE ATTACHED ADDENDA Does the property generally conform to the neighborhood (functional utility, style, condition, use, construction, etc.)? ® Yes ❑ No If No, describe Freddie Mac Form 70 March 2005 UAD Version 9/2011 Page 1 of 6 Fannie Mae Form 1004 March 2005 Form 1004UAD - "TOTAL" appraisal software by a la mode, Inc. -1- 800 - ALAMODE Uniform Residential Appraisal Report File# 510111 5101113A There are 6 comparable properties currently offered for sale in the subject neighborhood ranging in price from $ 205,000 to $ 282,000 There are 12 comparable sales in the subject neighborhood within the past twelve months ranging in sale price from $ 221,000 to $ 307,000 FEATURE SUBJECT COMPARABLE SALE # 1 COMPARABLE SALE # 2 COMPARABLE SALE # 3 Address 3740 Lancewood PI Delray Beach, FL 33445 4075 Sea Grape Cir Delray Beach, FL 33445 4075 Sabal Lakes Rd Delray Beach, FL 33445 3720 Riverside Way Delray Beach, FL 33445 Proximity to Subject 0.33 miles SW 0.26 miles SW 0.20 miles S Sale Price $ $ 235,000 $ 235,000 $ 237,000 Sale Price /Gross Liv. Area $ sq.ft. $ 162.52 sq.. $ 127.72 sq.ff. $ 184.58 sq.ff. Data Sources) SEFLMLS #R3368329; DOM 67 SEFLMLS#F1238716; DOM 11 SEFLMLS #R9963326; DOM 14 Verification Sources) ASSESSORS /MLSNIS.INSPECT ASSESSORS /MLSNIS.INSPECT ASSESSORS /MLSNIS.INSPECT VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +( -) $ Adjustment DESCRIPTION +( -) $ Adjustment DESCRIPTION +( -) $ Adjustment Sales or Financing Concessions REO FHA ;O Arml-th Cash;O Arml-th Cash;O Date of Sale/Time sO9/13;c07/13 0 sO6/13;c05/13 0 sO9/13;c08/13 0 Location N;Res; N;Res; N;Res, N;Res, Leasehold/Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Site 7500 sf 7500 sf 6534 sf +1,000 6098 sf +1,400 View N;Res; N;Res;Lake -5,000 N; Res;CtyStr +2,500 N;Res, Design (Style) 1 STORY 1 STORY 1 STORY 1 STORY Quality of Construction Q3 Q3 Q3 Q3 Actual Age 22 18 0 18 0 19 0 Condition C3 C3 C3 C3 Above Grade Tohl Btlans. Baths Tohl Btlrms. Baths Total Btlans. Baths Tohl Btlrms. Baths Room Count 6 3 2.0 6 3 2.0 7 3 2.0 0 Gross Living Area 1,522 sq.ft. 1,446 sq.ft. 0 1,840 sq.R -7,900 1,284 sq.tt. +5,900 Basement & Finished Rooms Below Grade Osf Osf Osf Osf Functional Utility AVERAGE AVERAGE AVERAGE AVERAGE Heating/Cooling CENTRALA/C CENTRALA/C CENTRAL NC CENTRAL A/C Energy Efficient Items STAND.FEAT. STAND FEAT STAND. FEAT. STAND FEAT • Garage /Carport 2 CAR GARAG. 2 CAR GARAG. 2 CAR GARAG. 2 CAR GARAG. Porch/Patio /Deck ENTRY,SCRPORCH SIMILAR 0 SIMILAR 0 SIMILAR 0 . PATIO /POOL /SPA NONE NONE NONE NONE UPGRD.FEATURES UPGRD.FEAT. INFER. FEAT. +5,000 SIMILAR. FEAT. 0 SIMILAR. FEAT. 0 SALE TO LIST PRICE RATIO • Net Adjustment( Total) ❑ + ❑ - $ 0 ❑ + ® $ -4,400 ® + ❑ - $ 7,300 Adjusted Sale Price of Comparables Net Adj. 0,0% Gross Adj. 4.3 % $ 235,0001 Net Adj. 19% Gross Adj. 4.9 % $ 230,6001 Net Adj. 3.1 Gross Adj. 3.1 % $ 244,300 1 ® did ❑ did not research the sale or transfer history ofthe subject property and comparable sales. If not, explain N/A My research ® did ❑ did not reveal any prior sales or transfers ofthe subject property for the three years prior to the effective date of this appraisal. Data Sources) PALM BEACH COUNTY PROPERTY APPRAISERS WEBSITE /REALQUEST /MLS AND OWNER My research ® did ❑ did not reveal any prior sales or transfers ofthe comparable sales forthe year prior to the date of sale ofthe comparable sale. Data Sources) PALM BEACH COUNTY PROPERTY APPRAISERS WEBSITE/REALQUEST AND MLS Reportthe results ofthe research and analysis ofthe prior sale or transfer history ofthe subject property and comparable sales (report additional prior sales on page 3). ITEM SUBJECT COMPARABLE SALE #1 COMPARABLE SALE #2 COMPARABLE SALE #3 Date of Prior Sale/Transfer 02/15/2011 12/01/2012 Price of Prior Sale/Transfer $200,000 $0 Data Sources) PBCPA/REALQST /MLS /OWNER PBCPNREALQST /MLS /OWNER PBCPNREALQST /MLS /OWNER PBCPA/REALQST /MLS /OWNER Effective Date of Data Source(s) 10/11/2013 10/11/2013 10/11/2013 10/11/2013 Analysis of prior sale or transfer history ofthe subject property and comparable sales ACCORDING TO PALM BEACH COUNTY PROPERTY APPRAISERS WEBSITE /REALQUEST AND THE CURRENT OWNER,THE SUBJECT PROPERTY WAS PURCHASED IN FEBRUARY,2011 FOR $200,000. NO OTHER INFORMATION WAS VERIFIED.ACCORDING TO PALM BEACH COUNTY PROPERTY APPRAISERS WEBSITE, ACERTIFICATE OF TITLE TRANSFER WAS RECORDED FOR SALE #1 FROM OWNER TO FNMA IN DECEMBER,2012. NO OTHER INFORMATION WAS VERIFIED. Summary of Sales Comparison Approach SEE ATTACHED ADDENDA Indicated Value by Sales Comparison Approach $ 235,000 Indicated Valueby : Sales Comparison Approach $ 235,000 Cost Approach(ifdeveloped)$ 238,145 Income Approach(ifdeveloped)$ FINAL RELIANCE WAS GIVEN TO THE SALES COMPARISON APPROACH DUE TO THE RELIABILITY OF MARKET DATA. THE COST APPROACH IS GIVEN SECONDARY EMPHASIS. THE INCOME APPROACH WAS • NOT UTILIZED DUE TO THE LACK OF AVAILABLE MARKET DATA. This appraisal is made ® 'as is', ❑ subject to completion per plans and specifications on the basis of a hypothetical condition that the improvements have been completed, ❑ subject to the following repairs or alterations on the basis of a hypothetical condition that the repairs or alterations have been completed, or ❑ subjectto the following required inspection based on the extraordinary assumption that the condition or deficiency does not require alteration or repair: SEE ATTACHED LIMITED CONDITIONS. ' THIS REPORT IS INTENDED TO BEA SUMMARY APPRAISAL REPORT. Based on a complete visual inspection of the interior and exterior areas of the subject property, defined scope of work, statement of assumptions and limiting conditions, and appraiser's certification, my (our) opinion of the market value, as defined, of the real property that is the subject of this report is $ 235,000 ,as of 10/112013 , which is the date of inspection and the effective date of this appraisal. Freddie Mac Form 70 March 2005 LAD Version 9/2011 Page 2 of 6 Fannie Mae Form 1004 March 2005 Form 1004UAD - "TOTAL" appraisal software by a la mode, inc. -1- 800 - ALAMODE Uniform Residential Appraisal Report File# 510111 5101113A SEE ATTACHED ADDENDA THIS APPRAISAL REPORT HAS BEEN DONE IN COMPLIANCE WITH THE HVCC GUIDELINES. COST APPROACH TO VALUE (not required by Fannie Mae) Provide adequate information for the lender /client to replicate the below cost figures and calculations. Support for the opinion of site value (summary of comparable land sales or other methods for estimating site value) DUE TO THE LACK OF INDIVIDUAL SITE SALES, THE ESTIMATED SITE VALUE OF THE SUBJECT PROPERTY, AS REFLECTED IN THE COST APPROACH, WAS OBTAINED THROUGH MARKET ABSTRACTIONS. ESTIMATED ❑ REPRODUCTION OR ® REPLACEMENT COST NEW OPINION OF SITE VALUE _$ 55,000 Source of cost data MARSHALL & SWIFT /BUILDERS COST ESTIMATES DWELLING 1,522 Sq.R. @ $ 110.00 _$ 167,420 Quality rating from cost service GOOD Effective date of cost data 2013 0 Sq.R. @ $ ------ _$ Comments on Cost Approach (gross living area calculations, depreciation, etc.) APPLIANCES, ENTRY,SCR EEN PORCH =$ 12,000 • SEE ATTACHED SKETCH FOR AREA CALCULATIONS. CV= CONTRIBUTORY VALUE Garage /Carport 420 Sq.R. @ $ 42.00 ------ _$ 17,640 NO FUNCTIONAL OR EXTERNAL OBSOLESCENCE WAS NOTED. LAND TO VALUE RATIO Total Estimate of Cost -New _ _ _ _ _ _ _$ 197,060 IS 23 % WHICH IS TYPICAL FOR THE AREA. SEE ADDENDA FOR ADDITIONAL Less Physical Functional EMernal INFORMATION. Depreciation 16,415 =$( 16,415) REMAINING ECONOMIC LIFE = 55 YEARS Depreciated Cost of Improvements _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _$ 180,645 'As -is' Value of Site Improvements ----------------------- =$ 2,500 Estimated Remaining Economic Life (HUD and VA only) 55 Years INDICATED VALUE BY COST APPROACH H TO VALUE (not required by Fannie Mae) Estimated Monthly Market Rent $ X Gross Rent Multiplier = $ • =$ 238,145 Indicated Value by Income Approach Summary of Income Approach (including support for market rent and GRM) PROJECT INFORMATION FOR PUDs (if applicable) Is the developer /builder in control ofthe Homeowners' Association(HOA)? ❑ Yes ® No Untttype(s) ® Detached ❑ Attached Provide the following information for PUDs ONLY if the developer /builder is in control of the HOA and the subject property is an attached dwelling unit. Legal Name of Project SABAL LAKES Total number of phases 1 Total number of units 800,/- Total number of units sold 800,/- . Total number of units rented N/A Total number of units for sale 19,/- Data source(s) ASSESSOR FILES /MLS Was the project created by the conversion of existing building(s) into a PUD? ❑ Yes ® No If Yes, date of conversion. : Does the project contain any mufti- dwelling units? ❑ Yes ® No Data Source Are the units, common elements, and recreation facilities complete? ® Yes ❑ No If No, describe the status of completion. Are the common elements leased to or by the Homeowners' Association? ❑ Yes ® No If Yes, describe the rental terms and options. Describe common elements and recreational facilities. POOL,COMMON AREA Freddie Mac Form 70 March 2005 LAD Version 9/2011 Page 3 of 6 Fannie Mae Form 1004 March 2005 Form 1004UAD - "TOTAL" appraisal software by a la mode, inc. -1- 800 - ALAMODE Uniform Residential Appraisal Report File# 510111 5101113A This report form is designed to report an appraisal of a one -unit property or a one -unit property with an accessory unit; including a unit in a planned unit development (PUD). This report form is not designed to report an appraisal of a manufactured home or a unit in a condominium or cooperative project. This appraisal report is subject to the following scope of work, intended use, intended user, definition of market value, statement of assumptions and limiting conditions, and certifications. Modifications, additions, or deletions to the intended use, intended user, definition of market value, or assumptions and limiting conditions are not permitted. The appraiser may expand the scope of work to include any additional research or analysis necessary based on the complexity of this appraisal assignment. Modifications or deletions to the certifications are also not permitted. However, additional certifications that do not constitute material alterations to this appraisal report, such as those required by law or those related to the appraiser's continuing education or membership in an appraisal organization, are permitted. SCOPE OF WORK: The scope of work for this appraisal is defined by the complexity of this appraisal assignment and the reporting requirements of this appraisal report form, including the following definition of market value, statement of assumptions and limiting conditions, and certifications. The appraiser must, at a minimum: (1) perform a complete visual inspection of the interior and exterior areas of the subject property, (2) inspect the neighborhood, (3) inspect each of the comparable sales from at least the street, (4) research, verify, and analyze data from reliable public and /or private sources, and (5) report his or her analysis, opinions, and conclusions in this appraisal report. INTENDED USE: The intended use of this appraisal report is for the lender /client to evaluate the property that is the subject of this appraisal for a mortgage finance transaction. INTENDED USER: The intended user of this appraisal report is the lender /client. DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he or she considers his or her own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS: The appraiser's certification in this report is subject to the following assumptions and limiting conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it, except for information that he or she became aware of during the research involved in performing this appraisal. The appraiser assumes that the title is good and marketable and will not render any opinions about the title. 2. The appraiser has provided a sketch in this appraisal report to show the approximate dimensions of the improvements. The sketch is included only to assist the reader in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in this appraisal report whether any portion of the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand, or as otherwise required by law. 5. The appraiser has noted in this appraisal report any adverse conditions (such as needed repairs, deterioration, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the research involved in performing the appraisal. Unless otherwise stated in this appraisal report, the appraiser has no knowledge of any hidden or unapparent physical deficiencies or adverse conditions of the property (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) that would make the property less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, this appraisal report must not be considered as an environmental assessment of the property. 6. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that the completion, repairs, or alterations of the subject property will be performed in a professional manner. Freddie Mac Form 70 March 2005 UAD Version 9/2011 Page 4 of 6 Fannie Mae Form 1004 March 2005 Form 1004UAD - "TOTAL" appraisal software by a la mode, inc. -1- 800 - ALAMODE Uniform Residential Appraisal Report File# 510111 5101113A APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that 1. I have, at a minimum, developed and reported this appraisal in accordance with the scope of work requirements stated in this appraisal report. 2. 1 performed a complete visual inspection of the interior and exterior areas of the subject property. I reported the condition of the improvements in factual, specific terms. I identified and reported the physical deficiencies that could affect the livability, soundness, or structural integrity of the property. 3. 1 performed this appraisal in accordance with the requirements of the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 4. 1 developed my opinion of the market value of the real property that is the subject of this report based on the sales comparison approach to value. I have adequate comparable market data to develop a reliable sales comparison approach for this appraisal assignment. I further certify that I considered the cost and income approaches to value but did not develop them, unless otherwise indicated in this report. 5. 1 researched, verified, analyzed, and reported on any current agreement for sale for the subject property, any offering for sale of the subject property in the twelve months prior to the effective date of this appraisal, and the prior sales of the subject property for a minimum of three years prior to the effective date of this appraisal, unless otherwise indicated in this report. 6. 1 researched, verified, analyzed, and reported on the prior sales of the comparable sales for a minimum of one year prior to the date of sale of the comparable sale, unless otherwise indicated in this report. 7. 1 selected and used comparable sales that are Iocationally, physically, and functionally the most similar to the subject property. 8. 1 have not used comparable sales that were the result of combining a land sale with the contract purchase price of a home that has been built or will be built on the land. 9. 1 have reported adjustments to the comparable sales that reflect the market's reaction to the differences between the subject property and the comparable sales. 10. 1 verified, from a disinterested source, all information in this report that was provided by parties who have a financial interest in the sale or financing of the subject property. 11. 1 have knowledge and experience in appraising this type of property in this market area. 12. 1 am aware of, and have access to, the necessary and appropriate public and private data sources, such as multiple listing services, tax assessment records, public land records and other such data sources for the area in which the property is located. 13. 1 obtained the information, estimates, and opinions furnished by other parties and expressed in this appraisal report from reliable sources that I believe to be true and correct. 14. 1 have taken into consideration the factors that have an impact on value with respect to the subject neighborhood, subject property, and the proximity of the subject property to adverse influences in the development of my opinion of market value. I have noted in this appraisal report any adverse conditions (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) observed during the inspection of the subject property or that I became aware of during the research involved in performing this appraisal. I have considered these adverse conditions in my analysis of the property value, and have reported on the effect of the conditions on the value and marketability of the subject property. 15. 1 have not knowingly withheld any significant information from this appraisal report and, to the best of my knowledge, all statements and information in this appraisal report are true and correct. 16. 1 stated in this appraisal report my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the assumptions and limiting conditions in this appraisal report. 17. 1 have no present or prospective interest in the property that is the subject of this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and /or opinion of market value in this appraisal report on the race, color, religion, sex, age, marital status, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property or on any other basis prohibited by law. 18. My employment and /or compensation for performing this appraisal or any future or anticipated appraisals was not conditioned on any agreement or understanding, written or otherwise, that I would report (or present analysis supporting) a predetermined specific value, a predetermined minimum value, a range or direction in value, a value that favors the cause of any party, or the attainment of a specific result or occurrence of a specific subsequent event (such as approval of a pending mortgage loan application). 19. 1 personally prepared all conclusions and opinions about the real estate that were set forth in this appraisal report. If I relied on significant real property appraisal assistance from any individual or individuals in the performance of this appraisal or the preparation of this appraisal report, I have named such individual(s) and disclosed the specific tasks performed in this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in this appraisal report; therefore, any change made to this appraisal is unauthorized and I will take no responsibility for it. 20. 1 identified the lender /client in this appraisal report who is the individual, organization, or agent for the organization that ordered and will receive this appraisal report. Freddie Mac Form 70 March 2005 UAD Version 9/2011 Page 5 of 6 Fannie Mae Form 1004 March 2005 Form 1004UAD - "TOTAL" appraisal software by a la mode, inc. -1- 800 - ALAMODE Uniform Residential Appraisal Report File# 510111 5101113A 21. The lender /client may disclose or distribute this appraisal report to: the borrower; another lender at the request of the borrower; the mortgagee or its successors and assigns; mortgage insurers; government sponsored enterprises; other secondary market participants; data collection or reporting services; professional appraisal organizations; any department, agency, or instrumentality of the United States; and any state, the District of Columbia, or other jurisdictions; without having to obtain the appraiser's or supervisory appraiser's (if applicable) consent. Such consent must be obtained before this appraisal report may be disclosed or distributed to any other party (including, but not limited to, the public through advertising, public relations, news, sales, or other media). Date of Inspection LENDER /CLIENT Name VAL UTR UST SOLUTIONS 22. 1 am aware that any disclosure or distribution of this appraisal report by me or the lender /client may be subject to certain laws and regulations. Further, I am also subject to the provisions of the Uniform Standards of Professional Appraisal Practice that pertain to disclosure or distribution by me. 23. The borrower, another lender at the request of the borrower, the mortgagee or its successors and assigns, mortgage insurers, government sponsored enterprises, and other secondary market participants may rely on this appraisal report as part of any mortgage finance transaction that involves any one or more of these parties. 24. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and /or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. 25. Any intentional or negligent misrepresentation(s) contained in this appraisal report may result in civil liability and /or criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States Code, Section 1001, et seq., or similar state laws. SUPERVISORY APPRAISER'S CERTIFICATION: The Supervisory Appraiser certifies and agrees that: 1. I directly supervised the appraiser for this appraisal assignment, have read the appraisal report, and agree with the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 2. 1 accept full responsibility for the contents of this appraisal report including, but not limited to, the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 3. The appraiser identified in this appraisal report is either a sub - contractor or an employee of the supervisory appraiser (or the appraisal firm), is qualified to perform this appraisal, and is acceptable to perform this appraisal under the applicable state law. 4. This appraisal report complies with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 5. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and /or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. APPRAISER SUPERVISORY APPRAISER (ONLY IF REQUIRED) Signature I Signature Name ROBERTA DELFINO JR. Name Company Name DELFINO &ASSOCIATES, INC. Company Name Company Address 7934 STIRLING BRIDGE BLVD Company Address DELRAY BEACH, FL 33446 Telephone Number (561)637 -6940 Telephone Number Email Address DELFINOASSOCIATES @COMCAST.NET Email Address Date of Signature and Report 10/11/2013 Date of Signature Effective Date of Appraisal 10/11/2013 State Certification # State Certification # CERT RES RD 2049 or State License # or State License # State or Other (describe) State # Expiration Date of Certification or License State FL Expiration Date of Certification or License 11/30/2014 SUBJECTPROPERTY Did not inspect subject property ADDRESS OF PROPERTY APPRAISED 3740 Lancewood PI Did inspect exterior of subject property from street Date of Inspection Delray Beach, FL 33445 Did inspect interior and exterior of subject property APPRAISED VALUE OF SUBJECT PROPERTY $ 235000 , Date of Inspection LENDER /CLIENT Name VAL UTR UST SOLUTIONS COMPARABLESALES Company Name ROUNDPOINT MORTGAGE COMPANY Company Address 5032 PARKWAY PLAZA BLVD,CHARLOTTE,NC 28217 Did not inspect exterior of comparable sales from street Did inspect exterior of comparable sales from street Email Address Date of Inspection Freddie Mac Form 70 March 2005 UAD Version 9/2011 Page 6 of 6 Fannie Mae Form 1004 March 2005 Form 1004UAD - "TOTAL" appraisal software by a la mode, inc. -1- 800 - ALAMODE Uniform Residential Appraisal Report File# 510111 5101113A FEATURE SUBJECT COMPARABLE SALE # 4 COMPARABLE SALE # 5 COMPARABLE SALE # 6 Address 3740 Lancewood PI Delray Beach, FL 33445 3955 Laurelwood Ln Delray Beach, FL 33445 3732 S Lancewood PI Delray Beach, FL 33445 3773 S Lancewood PI Delray Beach, FL 33445 Proximity to Subject 0.18 miles SW 0.26 miles S 0.24 miles S Sale Price $ $ 240,000 $ 225,000 $ 225,000 Sale Price /Gross Liv. Area $ sq.ft. $ 157.27 q.ft. $ 162.57 sq.ft. $ 175.23 sq.ft. Data Sources) SEFLMLS #R3339648;DOM 100 SEFLMLS#R9982914;DOM 7 SEFLMLS #R9957434; DOM6 Verification Sources) ASSESSORS /MLSNIS.INSPECT ASSESSORS /MLSNIS.INSPECT ASSESSORS /MLSNIS.INSPECT VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +( -) $ Adjustment DESCRIPTION +( -) $ Adjustment DESCRIPTION +( -) $ Adjustment Sales or Financing Concessions Arml-th Cash;O Listing Cash;O Listing Cash;O Date of Sale/Time sO5/13;:04/13 0 Active 0 :07/13 0 Location N;Res; N;Res; N;Res, N;Res, Leasehold/Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Site 7500 sf 6969 sf +500 6098 sf +1,400 6098 sf +1,400 View N;Res; N;Res;Lake -5,000 N;Res, N;Res, Design (Style) 1 STORY 1 STORY 1 STORY 1 STORY Quality of Construction Q3 Q3 Q3 Q3 • Actual Age 22 16 0 19 0 19 0 • Condition C3 C3 C3 C3 Above Grade Tohl Btlrms. Baths Tohl Btlrms. Baths Total Btlrms. Baths Tohl Btlrms. Baths Room Count Gross Living Area 1,522 q.ft. 1,526 q.ft. 0 1,384 sq.R +3,500 1,284 sq.tt. +5,900 Basement & Finished Rooms Below Grade Osf Osf Osf Osf Functional Utility AVERAGE AVERAGE AVERAGE AVERAGE Heating/Cooling CENTRALA/C CENTRALA/C CENTRAL NC CENTRAL A/C Energy Efficient Items STAND.FEAT. STAND FEAT STAND. FEAT. STAND FEAT Garage /Carport 2 CAR GARAG. 2 CAR GARAG. 2 CAR GARAG. 2 CAR GARAG. Porch/Patio /Deck ENTRY,SCRPORCH SIMILAR 0 SIMILAR 0 SIMILAR 0 PATIO /POOL /SPA NONE NONE NONE NONE UPGRD.FEATURES UPGRD.FEAT. INFER. FEAT. +5,000 INFER. FEAT. +5,000 INFER. FEAT. +5,000 SALE TO LIST PRICE RATIO Net Adjustment( Total) ® + ❑ - $ 500 ® + ❑ - $ 9,900 ® + ❑ - $ 12,300 Adjusted Sale Price of Comparables Net Adj. 0.2 % Gross Adj. 4.4 % $ 240,5001 Net Adj. 4,4 % Gross Adj. 4,4 % $ 234,9001 Net Adj. 5.5 Gross Adj. 5.5 % $ 237,300 Reportthe results of the research and analysis of the prior sale or transfer history of the subject property and comparable sales (report additional prior sales on page 3). ITEM SUBJECT COMPARABLE SALE # 4 COMPARABLE SALE # 5 COMPARABLE SALE # 6 Date of Prior Sale/Transfer 02/15/2011 Price of Prior Sale/Transfer $200,000 Data Sources) PBCPA/REALQST /MLS /OWNER PBCPNREALQST /MLS /OWNER PBCPNREALQST /MLS /OWNER PBCPA/REALQST /MLS /OWNER Effective Date of Data Source(s) 10/11/2013 10/11/2013 10/11/2013 10/11/2013 Analysis of prior sale or transfer history of the subject property and comparable sales SEE ADDENDA Analysis /Comments SEEADDENDA Freddie Mac Form 70 March 2005 LAD Version 9/2011 Fannie Mae Form 1004 March 2005 Form 10041JADJAC) - "TOTAL" appraisal software by a la mode, inc. -1- 800 - ALAMODE General Text Addendum 911 NI. S101113A Borrower LANA RITZ Properly Address 3740 Lan —ood PI City Delray Beach County PALM BEACH State FL Zlp Code 33445 Lender /Client ROUNDPOINT MORTGAGE COMPANY INTENDED USERS THE INTENDED USERS ARE THE LENDER (ROUNDPOINT MORTGAGE COMPANY) AND CLIENT. THIS APPRAISAL ASSIGNMENT WAS COMPLETED IN COMPLIANCE WITH THE DODD -FRANK ACT. LEGAL DESCRIPTION OF SUBJECT PROPERTY THE LEGAL DESCRIPTION ON PAGE ONE OF THE URAR WAS TAKEN FROM PALM BEACH COUNTY PROPERTY APPRAISERS WEBSITE/REALQUEST. THE EXTENDED LEGAL IS NOT AVAILABLE THROUGH THE NORMAL COURSE OF BUSINESS. THE SUBJECT PROPERTY WAS INSPECTED, INTERIOR AND EXTERIOR ON 10/11/2013. URAR:SUBJECT FEATURES ACCORDING TO THE OWNER,PREVIOUS MLS LISTING AND FROM AN INSPECTION,THE SUBJECT PROPERTY WAS SOLD IN APRIL,2010 FOR $149,000 IN "AS IS "CONDITION TO THE CITY OF DELRAY BEACH, FLORIDA.THE PROPERTY NEEDED REPAIRS /RENOVATIONS IN APRIL,2010. AFTER THE DEED TRANSFER TOOK PLACE IN APRIL,2010,THE CITY OF DELRAY BEACH (OWNER), UPDATED /UPGRADED THE SUBJECT PROPERTY WITH NEW FLAT TILE ROOF,NEW WOOD LAMINATE AND TILE FLOORS,NEW CARPET,NEW KITCHEN CABINETS AND APPLIANCES,NEW LANDSCAPING,NEW GARAGE DOOR,NEW WASHER /DRYER AND FRESH INTERIOR /EXTERIOR PAINT. CURRENT PUD LITIGATION THE APPRAISER IS NOT AWARE OF ANY CURRENT LITIGATION INVOLVING THE SUBJECTS NEIGHBORHOOD AT THE TIME OF INSPECTION. THE SUBJECT PROPERTY IS LOCATED IN SABAL LAKES WHICH HAS A COMMON POOL AND COMMON AREAS.ALL SIX COMPARABLES ARE ALSO LOCATED IN SABAL LAKES WITH SIMILAR AMENITIES /FEES AS THE SUBJECT. THE STREETS ARE MAINTAINED BY PALM BEACH COUNTY / DELRAY BEACH IN THE SUBJECTS NEIGHBORHOOD WHICH IS TYPICAL FOR THE AREA AND THE RECREATIONAL FACILITIES /COMMON AREAS ARE MAINTAINED BY THE HOMEOWERS ASSOCIATION WHICH IS ALSO TYPICAL FOR THE AREA.THERE IS ACCESS TO PUBLIC SERVICES FROM THE SUBJECTS COMMUNITY. URAR : FLOOD ZONE THE SUBJECT PROPERTY IS LOCATED IN FLOOD ZONE "X500" WHICH IS NOT IN A FLOOD ZONE. ALL SIX COMPARABLES UTILIZED IN THIS APPRAISAL REPORT ARE ALSO IN THE SAME FLOOD HAZARD AREA. THIS DOES NO ADVERSELY AFFECT THE MARKETABILITY OR VALUE OF THE SUBJECT PROPERTY.SEE FLOOD MAP. URAR: DEPRECIATION THE SUBJECT PROPERTY HAS A FUNCTIONAL ADEQUATE FLOOR PLAN.NO PHYSICAL INADEQUACIES WERE NOTED AT THE TIME OF INSPECTION. NO LOCATIONAL OBSOLESENSE WAS NOTED AT THE TIME OF INSPECTION. THE SUBJECT PROPERTY IS CONSIDERED TO BE IN GOOD CONDITION AT THE TIME OF INSPECTION.THERE WERE NO CONDITIONS NOTED AT THE TIME OF INSPECTION THAT POSE A THREAT TO THE SAFETY OF ANY OCCUPANTS FOR THE SUBJECT PROPERTY. THE SUBJECT PROPERTY WAS BUILT IN 1991.A 5 YEAR EFFECTIVE AGE WAS UTILIZED FOR THE SUBJECT PROPERTY DUE TO THE ACTUAL AGE OF THE HOME,UPDATES /UPGRADES MADE TO THE HOME AND THE CONDITION OF THE HOME. URAR: COST APPROACH DUE TO THE LACK OF INDIVIDUAL SITE SALES, THE ESTIMATED SITE VALUE, AS REFLECTED IN THE COST APPROACH, WAS OBTAINED THROUGH MARKET ABSTRACTIONS. URAR: STABLE MARKET REO AND SHORT SALES ARE NOTED IN THE RESALE MARKET IN THE SUBJECTS NEIGHBORHOOD. THE MARKET IS CONSIDERED STABLE AT THIS TIME. THERE ARE DIFFERENCES IN THE LOW /HIGH AND PREDOMINANT VALUES ON PAGE ONE OF THE URAR, LISTING AND SOLD COMPARABLES FOR THE SUBJECT PROPERTY AND MEDIAN SALES PRICE ON THE 1004MC FORM. THERE ARE HOMES IN THIS AREA WITH MUCH SMALLER AND MUCH LARGER SITE SIZES AND GROSS LIVING AREA.THERE ARE HOMES IN THE SUBJECTS NEIGHBORHOOD LOCATED ON THE CANALS,LAKES, GOLF COURSES,PRESERVES AND HOMES WHICH HAVE ONLY RESIDENTIAL VIEWS. THE APPRAISER WILL OCCASIONALLY UTILIZE GOOGLE EARTH OR MLS PICTURES TO BETTER ILLUSTRATE THE DESIGN OR CONDITION OF A COMPARABLE IF CONSIDERED TO BE MORE EFFECTIVE IN COMMUNICATING INFORMATION ABOUT THAT COMPARABLE. THIS CAN ALSO TAKE PLACE IN THE EVENT OF A CAMERA MALFUNCTION, GLARE FROM SUNLIGHT DISTORTING THE PICTURE TAKEN WHILE INSPECTING THE COMPARABLES AND FOR PROPERTIES IN GATED COMMUNITIES WHEN ACCESS IS NOT GRANTED. ALL COMPARABLE SALES WERE INSPECTED BY APPRAISER FROM THE STREET, OTHER VERIFICATION SOURCES INCLUDE, MLS, PUBLIC RECORDS AND REAL ESTATE AGENTS INVOLVED IN SALES OF COMPARABLES. ALL COMPARABLES WERE ADJUSTED FOR SIGNIFICANT DIFFERENCES. ALL SALES WERE GIVEN CONSIDERATION Form TADD - "TOTAL" appraisal software by a la mode, inc. - 1- 800 - ALAMODE General Text Addendum 911 NI. S101113A Borrower LANA RITZ Property Address 3740 Lan —ood PI City Delray Beach County PALM BEACH State FL Zlp Code 33445 Lender /Client ROUNDPOINT MORTGAGE COMPANY WITH THE FINAL VALUE ESTIMATE ARRIVING AT THE MID RANGE OF THE ADJUSTED VALUES. WITH WEIGHT PLACED ONLISTINGSAFTERAPPROPRIATEADJUSTMENTS ,, INCLUD INGLISTING /NEGOTIATIONADJUSTMENT,IF ANY. Estimated Exposure Time and Marketing Period Exposure time is defined as the estimated length of time the subject property would have been offered on the market prior to the hypothetical sale at Market Value on the date of appraisal. Marketing Period is defined as the most likely amount of time necessary to expose and actively market the subject property to achieve a sale at the estimated Market Value subsequent to the date of appraisal. The difference between Exposure Time and Marketing Period is that Exposure Time is a retrospective estimate based upon an analysis of past events while Marketing Period considers current and future market conditions. Based on the characteristics of the subject and our analysis of the market, including discussions with area Realtors, brokers and other informed market participants, it is our opinion that both the reasonable exposure time and marketing period for the subject is 3 -6 months. Most homes in the neighborhood and adjacent neighborhoods do tena to sell between 3 -6 months. URAR:MARKET APPROACH ALL SIX COMPARABLES WERE IN CLOSE PROXIMITY TO THE SUBJECT PROPERTY. THE APPRAISER FEELS THAT THE SIX COMPARABLES UTILIZED IN THIS APPRAISAL REPORT ARE THE BEST AVAILABLE ONES DUE TO THEM BEING SIMILAR IN STYLE, LOCATION, QUALITY OF CONSTRUCTION AND GROSS LIVING AREA. COMPARABLE #5 AND COMPARABLE #6 ARE ACTIVE LISTINGS /PENDING SALES IN THE SUBJECTS NEIGHBORHOOD AND ARE ONLY PROVIDED FOR THE READER.LISTINGS /PENDING SALES VARY IN THE SUBJECTS NEIGHBORHOOD DEPENDING ON THE SELLERS MOTIVATION. THE APPRAISER NOTES THAT THERE ARE SHORT SALES /BANK OWNED PROPERTIES FOR SALE IN THE SUBJECTS NEIGHBORHOOD. THE SUPPLY OF SHORT SALES /FORECLOSURE LISTINGS IN THE IMMEDIATE SUBJECTS NEIGHBORHOOD HAS SOMEWHAT INFLUENCED THE REDUCTION IN MARKET VALUE OF SOME PROPERTIES IN THIS AREA. THE MARKET IS STABLE AND WARRANTED BY SPEAKING TO REALTORS WHO SPECIALIZE IN THE AREA, SALES It THE SUBJECTS NEIGHBORHOOD,ACTIVE /PENDING SALES IN THE AREA AND BY THE 1004 MC FORMAT IS TYPICAL IN THE SUBJECTS MARKET AREA TO MAKE THE DATA SALE ADJUSTMENTS BASED ON THE CONTRACT DATES.CONTRACT AND SETTLEMENT DATES WERE TAKEN FROM MLS SALES HISTORY AND IS TYPICAL FOR THE NEIGHBORHOOD. ACCORDING TO MLS,SALE #1 IS A REO PROPERTY.ACCORDING TO MLS /LISTING AGENT OF SALE #1,THIS PROPERTY WAS IN GOOD CONDITION WITH NO DAMAGE /REPAIRS NEEDED.THIS IS TYPICAL FOR THE NEIGHBORHOOD. MOST ECONOMIC REO /SHORT SALE PROPERTIES TEND TO SELL SIMILAR TO ARMS LENGTH TRANSACTIONS,HOWEVER,THERE ARE SOME THAT SELL LOWER THAN ARMS LENGTH TRANSACATIONS. THE SUBJECT PROPERTY HAS BEEN UPGRADED /UPDATED WITH FEATURES MENTIONED ABOVE. SALE #2 AND SALE #2 SOLD WITH SIMILAR UPGRADES /UPDATES SUCH AS KITCHEN,APPLIANCES,BATHS AND /OR NEWER A /C,THUS NO ADJUSTMENTS WERE MADE. SALE #1,SALE #4,COMPARABLE #5 AND COMPARABLE #6 HAVE INFERIOR UPGRADES /UPDATES SUCH AS TILE FLOORS,NEW A/C AND /OR APPLIANCES,THUS A POSITIVE $5000 ADJUSTMENT WAS MADE TO EACH COMPARABLE AND WARRANTED BY PAIRED SALES ANALYSIS AND BY SPEAKING TO REALTORS WHO SPECIALIZE IN THE AREA. THE MEDIAN SALE PRICE AS % OF LIST PRICE RATIO FOR THE PAST THREE MONTHS IS APPROXIMATELY 100 %, THUS THE APPRAISER DOES NOT ADJUST TO COMPARABLE #5 AND COMPARABLE #6 IN THE MARKET APPROACH FOR SALES TO LIST PRICE RATIO. THE APPRAISER RESEARCHED SIMILAR PROPERTIES WITHIN ONE MILE OF THE SUBJECT PROPERTY. THE APPRAISER RESEARCHED SIMILAR PROPERTIES WITHIN THE PAST TWELVE MONTHS FROM THE DATE OF INSPECTION. THESE SIMILAR PROPERTIES WERE COMPARABLE IN TERMS OF BEDROOM COUNT (3 BEDROOMS), BATHROOM COUNT (2), LIVING AREA (1200 SQUARE FEET TO 2000 SQUARE FEET) AND BY BEING DETACHED ONE OR TWO STORY HOMES IN SABAL LAKES (FEE SIMPLE). SITE ADJUSTMENTS WERE MADE TO SALE #2,SALE #3,SALE #4,COMPARABLE #5 AND COMPARABLE #6 BY SQUARE FOOT BASIS ($1 PER SQUARE FEET) AND IS WARRANTED BY PAIRED SALES ANALYSIS AND BY SPEAKING TO REALTORS WHO SPECIALIZE IN THE AREA. NO AGE ADJUSTMENTS WERE MADE TO ALL SIX COMPARABLES DUE TO THEM BEING LESS THAN 7 YEARS DIFFERENCE IN AGE COMPARED TO THE SUBJECTS AGE. THIS IS WARRANTED BY PAIRED SALES ANALYSIS AND BY SPEAKING TO REALTORS WHO SPECIALIZE IN THE AREA.THE SUBJECT PROPERTY AND ALL SIX COMPARABLES HAVE A SIMILAR EFFECTIVE AGE OF 5 YEARS. SALE #2 AND SALE #3 ARE OLDER SALES,HOWEVER,THESE SALES ARE GOOD MARKET VALUE INDICATORS. THE APPRAISER FEELS THAT UTILIZING THESE OLDER SALES IS BETTER THAN UTILIZING RECENT LESS COMPARABLE SALES INSIDE OR OUTSIDE THE NEIGHBORHOOD. Form TADD - "TOTAL" appraisal software by a la mode, inc. - 1- 800 - ALAMODE General Text Addendum 911 NI. S101113A Borrower LANA RITZ Properly Address 3740 Lan —ood PI City Delray Beach County PALM BEACH State FL Zlp Code 33445 Lender /Client ROUNDPOINT MORTGAGE COMPANY IN CONCLUSION: THE SALES COMPARABLES HAVE AN ADJUSTED VALUE RANGE OF $230,600 TO $244,300. DUE TO THE CONDITION, UPGRADES /UPDATES, INVENTORY, RECENT SALES AND THE SUPPORT OF THE COMPARABLE SALES AND ACTIVE /PENDING PROPERTIES, WE ARE UTILIZING THE MIDDLE END OF THE VALUE RANGE OR $235,000. CONDITION OF THE APPRAISAL NO PERSONAL PROPERTY /FURNITURE WAS INCLUDED IN THE ESTIMATE MARKET VALUE. NO EVIDENCE OF STRUCTURAL DAMAGE. THE ATTIC APPEARED PROPERLY INSULATED. THE KITCHEN IS FUNCTIONAL INCLUDING THE SINK,STOVE AND CABINETRY. THE WATER AND ELECTRIC WERE TURNED ON AND BOTH WERE WORKING PROPERLY. DIGITAL SIGNATURES DELFINO & ASSOCIATES, INC. EMPLOYS THE USE OF DIGITAL SIGNATURES. THESE SIGNATURES ARE PASSWORD CODED FOR AUTHENTICITY AND ONCE APPLIED THE APPRAISAL REPORT CAN NOT BE ALTERED. Form TADD - "TOTAL" appraisal software by a la mode, inc. - 1- 800 - ALAMODE Market Conditions Addendum to the Appraisal Report File No. 510111 3A The purpose of this addendum is to provide the lender /client with a clear and accurate understanding of the market trends and conditions prevalent in the subject neighborhood. This is a required addendum for all appraisal reports with an effective date on or after April 1, 2009. Property Address 3740 Lancewood PI City Delray Beach State FL ZIP Code 33445 Borrower LANA RITZ Instructions: The appraiser must use the information required on this form as the basis for his /her conclusions, and must provide support for those conclusions, regarding housing trends and overall market conditions as reported in the Neighborhood section of the appraisal report form. The appraiser must fill in all the information to the extent it is available and reliable and must provide analysis as indicated below. If any required data is unavailable or is considered unreliable, the appraiser must provide an explanation. It is recognized that not all data sources will be able to provide data for the shaded areas below; if it is available, however, the appraiser must include the data in the analysis. If data sources provide the required information as an average instead of the median, the appraiser should report the available figure and identify it as an average. Sales and listings must be properties that compete with the subject property, determined by applying the criteria that would be used by a prospective buyer of the subject property. The appraiser must explain any anomalies in the data, such as seasonal markets, new construction, foreclosures, etc. Inventory Analysis Prior 7 -12 Months Prior 4-6 Months Current -3 Months Overall Trend Total # of Comparable Sales (Settled) 4 5 3 ❑ Increasing ❑ Stable ® Declining Absorption Rate (Total Sales/Months) .67 1.67 1.00 ❑ Increasing ® Stable ❑ Declining Total# of Comparable Active Listings NOTAVAILABLE NOTAVAILABLE 6 Declining Stable Increasing Months of Housing Supply (Total Listings /Ab.Rate) NOTAVAILABLE NOTAVAILABLE 6.0 Declining Stable Increasing Median Sale &List Price, DOM,Sale /List% Prior 7 -12 Months Prior 4-6 Months Current -3 Months Overall Trend Median Comparable Sale Price 232,000 260,000 237,000 ❑ Increasing ® Stable ❑ Declining Median Comparable Sales Days on Market 50 17 28 ❑ Declining ® Stable ❑ Increasing Median Comparable List Price NOTAVAILABLE NOTAVAILABLE 237,000 Increasing Stable Declining Median Comparable Listings Days on Market NOTAVAILABLE NOTAVAILABLE 32 Declining Stable Increasing Median Sale Price as % of List Price 95% 100% 100% ❑ Increasing ® Stable ❑ Declining Seller- (developer, builder, etc.)paid financial assistance prevalent? ❑ Yes ® No ❑ Declining ® Stable ❑ Increasing Explain in detail the seller concessions trends for the past 12 months (e.g., seller contributions increased from 3% to 5 %, increasing use of buydowns, closing costs, condo fees, options, etc.). SELLER CONCESSIONS ARE NOT COMMON IN THE SUBJECT'S MARKET AREA. COMMON SELLER CONCESSIONS ON FHA LOANS ARE TYPICALLY 3% WHEN THEY OCCUR. NOT AVAILABLE WAS UTILIZED IN SOME AREAS OF THE 1004MC FORM DUE TO THE LACK OF INFORMATION PROVIDED BY THE APPRAISERS VERIFICATION SOURCES SUCH AS MLS. Are foreclosure sales (RED sales) a factor lathe market? ❑ Yes ® No If yes, explain (including the trends in listings and sales of foreclosed properties). THE MARKET APPEARS TO BE STABLE AND BEGINNING TO SHOW SIGNS OF IMPROVING. RED AND SHORT SALES HAVE DECREASED AS WELL AS INVENTORY. Cite data sources for above information. INFORMATION OBTAINED THROUGH LOCAL MLS. Summarize the above information as support for your conclusions lathe Neighborhood section ofthe appraisal report form. If you used any additional information, such as an analysis of pending sales and/or expired and withdrawn listings, to formulate your conclusions, provide both an explanation and support for your conclusions. THE MARKET IN THE SUBJECT'S NEIGHBORHOOD DOES APPEAR TO HAVE STABILIZED. MARKET DATA SHOWS LOWER INVENTORY, SHORTER DAYS ON MARKET, STABLE PRICES AND STABLE SALES TO LISTING RATIOS. ACTIVE LISTING FURTHER SUPPORT A STABILIZED MARKET. THE MARKET APPEARS TO BE STABLE AND BEGINNING TO SHOW SIGNS OF IMPROVING. RED AND SHORT SALES HAVE DECREASED AS WELL AS INVENTORY. THE REQUESTED ACTIVE LISTING INFORMATION IS NOT READILY AVAILABLE WITHIN THE NORMAL COURSE OF BUSINESS, DUE TO THE LACK OF RELIABLE SEARCH FUNCTION WITHIN THE LOCAL MLS PROGRAM. THE LOCAL MLS PROGRAMS DO NOT HAVE A FUNCTION THAT ALLOWS FOR A SEARCH FOR ACTIVE LISTINGS FOR A DATE OTHER THAN THE CURRENT DATE. Ifthe subject is aunit in acondominium or cooperative project, complete the following: N/A Project Name: N/A Subject Project Data Prior 7 -12 Months Prior 4 -6 Months Current— 3 Months Overall Trend Total# of Comparable Sales (Settled) NOTAVAILABLE NOTAVAILABLE NOTAVAILABLE ❑ Increasing ❑ Stable ❑ Declining Absorption Rate (Total Sales/Months) NOTAVAILABLE NOTAVAILABLE NOTAVAILABLE ❑ Increasing ❑ Stable ❑ Declining Total# of Active Comparable Listings NOTAVAILABLE NOTAVAILABLE NOTAVAILABLE ❑ Declining ❑ Stable ❑ Increasing Months of Unit Supply (Total Listings /Ab.Rate) NOTAVAILABLE NOTAVAILABLE NOTAVAILABLE ❑ Declining ❑ Stable ❑ Increasing Are foreclosure sales (REO sales) a factor in the project? Yes No If yes, indicate the number of RED listings and explain the trends in listings and sales of foreclosed properties. NOTAVAILABLE • Summarize the above trends and address the impact on the subject unit and project. NOTAVAILABLE Signature Signature Appraiser Name ROBERT A DELFINO JR. Supervisory Appraiser Name Company Name DELFINO& ASSOCIATES) NC. Company Name Company Address 7934 STIRLING BRIDGE BLVD S, DELRAY BEACH, FL 33446 Company Address State License /Certification # CERT RES RD 2049 State FL State License /Certification # State Email Address DELF I NOASSOCIATES @COMCAST. NET Email Address Freddie Mac Form 71 March 2009 Page 1 of 1 Fannie Mae Form 1004MC March 2009 Form 1004MC2 -"TOTAL" appraisal software by a la mode, inc. -1- 800 - ALAMODE Building Sketch Borrower LANA RITZ Property Address 3740 Lancewood PI Cdy Delray Beach County PALM BEACH State FL Zip Code 33445 Lender /Client ROUNDPOI NT MORTGAGE COMPANY 20 Covered 10 Screen Porch 50' Bedroom Bedroom Dining Living Bath I W Bath Laundry Kitchen Foyer 20' 5.5' Bedroom u' Breakfast overe ai v � Entry 2 Car Garage N 12' 12.5' 20' Torre Sk c,h by a is mode, ii Area Calculations Summary Living Area 1st Floor 1521.5 Sq ft Total Living Area (Rounded): 1522 Scl ft Non -Irving Area 2 Car Garage 420 Sq ft Form SKT.BLDSKI - "TOTAL" appraisal software by a la mode, inc. -1- 800 - ALAMODE Subject Photo Page Borrower LANA RITZ Property Address 3740 Lancewood PI Cky Delray Beach County PALM BEACH State FL Zip Code 33445 Lender /Client ROUNDPOI NT MORTGAGE COMPANY Subject Front 3740 Lancewood PI Sales Price Gross Living Area 1,522 Total Rooms s Total Bedrooms 3 Total Bathrooms 2.0 Location N;Res; View N;Res; Site 7500 sf Quality Q3 Age zz Form PICPIX.SR - "TOTAL" appraisal software by a la mode, inc. -1- 800 - ALAMODE Subject Rear Subject Street PHOTOGRAPH ADDENDUM Borrower LANA RITZ Property Address 3740 Lancewood PI city Delray Beach County PALM BEACH State FL Zip Code 33445 Lender /Client ROUNDPOI NT MORTGAGE COMPANY FRONT /SIDE VIEW OF SUBJECT FRONT /SIDE VIEW OF SUBJECT dmREAR /SIDE VIEW OF SUBJECT Form GPICPIX - "TOTAL" appraisal software by a la mode, inc. -1- 800 - ALAMODE PHOTOGRAPH ADDENDUM Borrower LANA RITZ Property Address 3740 Lancewood PI city Delray Beach County PALM BEACH State FL Zip Code 33445 Lender /Client ROUNDPOI NT MORTGAGE COMPANY REAR /SIDE VIEW OF SUBJECT PROPERTY ANOTHER REAR VIEW OF SUBJECT PROPERTY ANOTHER STREET VIEW Form GPICPIX - "TOTAL" appraisal software by a la mode, inc. -1- 800 - ALAMODE Photograph Addendum Borrower LANA RITZ Property Address 3740 Lancewood PI Cky Delray Beach County PALM BEACH State FL Zip Code 33445 Lender /Client ROUNDPOI NT MORTGAGE COMPANY SCREEN PORCH Form GPICPIX - "TOTAL" appraisal software by a la mode, inc. -1- 800 - ALAMODE Interior Photos Borrower LANA RITZ Property Address 3740 Lancewood PI Cky Delray Beach County PALM BEACH State FL Zip Code 33445 Lender /Client ROUNDPOI NT MORTGAGE COMPANY or I L11.T3' BATHROOM BATHROOM J BEDROOM BEDROOM BEDROOM 1 BREAKFAST DINING LAUNDRY J 4 KITCHEN VIEW LIVING ROOM ANOTHER KITCHEN VIEW Form PICINT15 - "TOTAL" appraisal software by a la mode, Inc. -1- 800 - ALAMODE Comparable Photo Page Borrower LANA RITZ Property Address 3740 Lancewood PI city Delray Beach County PALM BEACH state FL Zip Code 33445 Lender /Client ROUNDPOI NT MORTGAGE COMPANY Comparable 1 4075 Sea Grape Cir Prox. to Subject 0.33 miles SW Sale Price 235,000 Gross Living Area 1,446 Total Rooms 6 Total Bedrooms 3 Total Bathrooms 2.0 Location N;Res; View N;Res;Lake Site 7500 sf Quality Q3 Age 18 Comparable 2 4075 Sabal Lakes Rd Prox. to Subject 0.26 miles SW Sale Price 235,000 Gross Living Area 1,840 Total Rooms 7 Total Bedrooms 3 Total Bathrooms 2.0 Location N;Res; View N;Res;CtyStr Site 6534 sf Quality Q3 Age 18 Comparable 3 3720 Riverside Way Prox. to Subject 0.20 miles S Sale Price 237,000 Gross Living Area 1,284 Total Rooms 6 Total Bedrooms 3 Total Bathrooms 2.0 Location N;Res; View N;Res; Site 6098 sf Quality Q3 Age 19 Form PICPIX.CR - "TOTAL" appraisal software by a la mode, inc. -1- 800 - ALAMODE Comparable Photo Page Borrower LANA RITZ Property Address 3740 Lancewood PI city Delray Beach County PALM BEACH state FL Zip Code 33445 Lender /Client ROUNDPOI NT MORTGAGE COMPANY Comparable 4 3955 Laurelwood Ln Prox. to Subject 0.18 miles SW Sale Price 240,000 Gross Living Area 1,526 Total Rooms 6 Total Bedrooms 3 Total Bathrooms 2.0 Location N;Res; View N;Res;Lake Site 6969 sf Quality Q3 Age 16 Comparable 5 3732 S Lancewood PI Prox. to Subject 0.26 miles S Sale Price 225,000 Gross Living Area 1,384 Total Rooms 6 Total Bedrooms 3 Total Bathrooms 2.0 Location N;Res; View N;Res; Site 6098 sf Quality Q3 Age 19 Comparable 6 3773 S Lancewood PI Prox. to Subject 0.24 miles S Sale Price 225,000 Gross Living Area 1,284 Total Rooms 6 Total Bedrooms 3 Total Bathrooms 2.0 Location N;Res; View N;Res; Site 6098 sf Quality Q3 Age 19 Form PICPIX.CR - "TOTAL" appraisal software by a la mode, inc. -1- 800 - ALAMODE Flood Map Borrower LANA RITZ Property Address 3740 Lancewood PI City Delray Beach County PALM BEACH State FL Zip Code 33445 Lender /Client ROUNDPOI NT MORTGAGE COMPANY Flood Map Report a Corel_ogic For Property Located At RealQuest Professional 3740 LANCEWOOD PL, DELRAY BEACH, FL 33445 -1248 Special Mood Hazard Area Within 250 it. of multipie flood Community ame {SFHAy zones? Ty Out No DELRAY BEACH Flood Zone Description: Zone {500- yeary -An area Inundated by S :L, y va i i i uod,nu. z: i i j -- i:,,undated by ]00 -year flooding with average depths of less than 1 coat or with drainage areas less than 1 square mile: or an area protected by levees from 100 -year flooding. �I rsleae =vnr. ■ �.c. Boa -r.., n.ee..n ■ f cork •boe..r � unevora�. � lao-.e.rnooaobi� r.a..cxc uveeam uee ■ Ch�sr ��.pnn ibeC�n � 1'J6.,.v ll�eiYn � G:kiwwn o- Jed lu lrwosq ■ ak el SC+CPAr Acv6 �4md Nm tttp;Ilpro.real quest. cpmljsplre} 1orE. jsp" ��lient—& actinn= tonfirm�ly�= cetr�purtKrecord.., f[�lifi�?f113 Form MARFLOOD - "TOTAL" appraisal software by a la mode, inc. -1- 800 - ALAMODE Plat Map Borrower LANA RITZ Property Address 3740 Lancewood PI City Delray Beach County PALM BEACH State FL Zip Code 33445 Lender /Client ROUNDPOINT MORTGAGE COMPANY Copy tb Clipboard ii�iflJlS�•_r _. _ Yeti Form MAP LT.PLAT - "TOTAL" appraisal software by a la mode, inc. -1- 800 - ALAMODE AERIAL MAP OF SUBJECT PROPERTY Borrower LANA RITZ Property Address 3740 Lancewood PI Cky Delray Beach County PALM BEACH State FL Zip Code 33445 Lender /Client ROUNDPOI NT MORTGAGE COMPANY Form MAP.LOC - "TOTAL" appraisal software by a la mode, inc. -1- 800 - ALAMODE Location Map Borrower LANA RITZ Property Address 3740 Lancewood PI City Delray Beach County PALM BEACH State FL Zip Code 33445 Lender /Client ROUNDPOI NT MORTGAGE COMPANY NT NORTH I I n a la made, inc: CV�;Irl OF 9 Tne xeen n'ce'eux °ecenn�b�y SiONEHAVEN FORE a Hiy ASHLEY LAKE PARK q 1 ROYAL LAKES a FEI Pine Tree Gulf T SIN LAKES c o, 5 EQUESTRIAN CorlriP Y y VVOOLBRIGHT PLACE CEDAR POINT SOUTH BRIGHTON LAKES � LAKES OF TARA W WQGI Fight Rd QUAIL ({EDGE WV400lbright Rd BOYNTON it Rd. S44 151h Avg ROSEDALE.AT OFFICE PARK INDIAN Qu&il Ridge Country Club i y SPRING rV DI n N r !£r SPRING �l QUAIL RUN =-- SW 23rd Ave Golf Rd f. IQGE 7rd ' Golf:Rd. Golf Rd _ - : rEST. ng ^�I' - -II PAR CLUB �iuLF 1•'ILLAGE SASS GOLFVIEW l�1 - 7, F. •REST HILL I CIRCLE Cavnlorida of HARBOUR {_ f lub ` Florida ESTATES 1(j� ■ LESTER Lay FTunesGolf and Country Club �ury7 RABORN -... ESTATES AT v Il� DELRAY DUNES VILLAGE OF GOLF `f ISSI Club P `�? a Camas ry b TUSCANY BAY HUNTERS RUN ;� R @4101' .DNY C Par LAKE IlJ'Ifff {L'� 1 -A'VEN Z Hunters Run {Golf Course 'n La, K'{ EDEN PRESTWICK Z4 ISLES AT COLONV 1001 kurrTERS RUN PRESERVE WG [e1 LAKE �atd1 rd a COCOA PINE bra Fla4or Pict Rd ESTATES '€Ln SIJ B7 E CT %TEREY BAY LAKE SHORE 3740 Lancewoed PI ESTATES iNBERRS HIGH ACRES ESTATES BOr Delray TOTTERDALE Villa Delray Gardens SAeAL LAKES DERRY PARK.OF PINERID Goli[ Club COMMERGEt Delray BEECHWOOD ESTATES HESGHT yla S 'd COUNTRY MANORS Bmwick SUNFLOWER i ark 'I .. _ ........... _. -. P..a!tc_ .._ ._.. ..._._ Lake Ida Rd r-1 LES OF _ _- 1IDELRAY LAKE IDA :• MILITARY RIDGE Delray fr • SHORES II WINDWARD PALMS Shores + � .- _. _ � 4 Lake Ida PARADISE -- -_ _ JEFFERSON MANOR HEIGHTS .�Q. tiu I £gdj• ' :52 , i LA SEDONA CORAL TRACE,8'7' II I PINEeRi =sr ASPEN RIDGE Franwood Pines Frances Dr i OLD Sz { + f l tla t Ave DELRAY - �� +4I+ BELAIR HERITAGE PARK SQUARE HANOVER r +/J HEIGHTS < SQUARE CONGRESS AT _ _ - - _- _ = ATLANTIC 4 PINEWODO.COVE _ - REGINA PARK ?4 ALLAMANDA E HOMEWboD LAKES :52. IO LAKE' Y BREEZY ACRES Sherwood *� ARBOREDGE j9 Ir GARDENS Delray `L GRAMERC!' Golf Golf Club Ii GRIFFI TLC SQUARE i'oU rse PINE WE GOLFVIE44 RED ESTATES VILLAGE DELRAY T ASHLAND LAXR90ODE DELRAY Seagate Country I SKES TROWBRI DGE ENCLAVE AT THE GOLF PARK. . SUNNY HEIGHTS CfJb .'� HAMLET EVERGREENE DELRAY 11 DELRAY BEACH PALM STATE j Fox HOLLOW HEIGHTS.. -- HEIGHTS -' -5 - -..— ................... KINGS POINT- ABBEY ..XIVORMANDY ` Sherwood Bfvd t.51 PARK TEN KINGS POINT IJI y�L SOUTHRIUGE Ni Rings Paint u, I111I� T Galt Course BURGUNDY Lakeview Golf Club LAKEVIEW Raini7rnv FiOmp.¢, DINT ERS Linton Blvd _ MIDTOWN LAKFSLDE - ..:.., Lirlttlrl $W� 78Z -- LINTON -_ Lin [on blvd . .. DELRAY ... _.i —� - FliTER ii ' K SIERRA PALMS Deh-ay fill, Medical FOXE CHASE CROSSWINDS { ;`• 03wes �L Center ARBORS AT 1riQ CENTRE.. Form MARLOC - "TOTAL" appraisal software by a la mode, inc. -1- 800 - ALAMODE Location Map Borrower LANA RITZ Property Address 3740 Lancewood PI City Delray Beach County PALM BEACH State FL Zip Code 33445 Lender /Client ROUNDPOI NT MORTGAGE COMPANY a la mode, in CountyCh,ba{Florda � Tir. 0 COMPARABLE Na. fi� WATERS BEND ro NUd Stn st Ccrwz Ln 3773 5 LANCEWOOb PL II 0.24 miles 5 �- JL. Dorson Way if Country Rd 5 4 � � RRBQRN TURTLE GRDVEI q t 'ARK NW 3rd St,� Un V ��- ESTATE' , AT Dr DELRAY DUNES Ln - VILLAGECFGDLF - Palmland Dr 849 Wafer Hazard yt CULVERHO:ISE {t -- z l Pine Grare pr . =tWIN SYCREEK� L .Y Sdd 4IJARE y o o f f _- 5 o�o shire �.. L4 Summit OF tk c 4 SQUALRE ._ I Y OAGRE55 AT A7LANTlC 700jId5 V�- DT - _ir• 7i7 �.a' _3:J 9 1•i9 � I ESW Or 7 4e` W Delray Dunes Golf and Country Club Hunters Run GolI Course ` ISLES AT it PRESTWFCK HUNTERS ii Ui � v COLOhY y s B e cy 'Df PRESERVE {� 4 4_Q' Cru- I r dry1p�, COCOA FINE 'ra Water N'iG ESTATES w Hazard COMPARABLE No. 4 rim SUBJECT R;dg 3955 LAURELWOOD LANE I 3740 Lancewood PI ClassiraI Btvd 0. _8 ml P.5 SW Satire Leaf Ct `a H�gngare C'r Lone Pine Rd m Saba! RAINSERFM � cI COMPARABLE a � Riviera Or ESTATES N 4075 $ARAL LANW 15th 5t 0.2b miles ° a NW 14th 5t COMPARABLE No. 3 Delray $ Gardens SAEAL LAKES # 3720 RIVERSIDE WAY OUTlt 0.20 miles 5 NW 13th St D r Y= ESTATE COMPARABLE No. 1 S 4075 SEA GRAPE CIRCLE COMPARABLE Na. 5 0.33 miles SW _ - �aW 1 h sr ti 3732S LANCEWOOD PIL )otIj St s —( r 1 COUNTRY ` —t� ry „ 0.26 miles S � G X MANORS - '� SUNFLCJ ER R Pi t R'arWlC - n�S _ a Rd .. - =E: Lake Ida Rd m ` ; '- L Lake Ida Rd Lake.Ida.Rd' . .. _.. _ .__ 1 II ps RJW 6th Ct .. Angler Orpr� E. PINE TRAIL rpolphin Pr II— COMPARABLE Na. fi� WATERS BEND ro NUd Stn st Ccrwz Ln 3773 5 LANCEWOOb PL II 0.24 miles 5 �- JL. Dorson Way if I' ;NW AShSt. 7, C D r Wild F w village Ai NW led C[C' 9 Nvr2h�Dr -. o�IF I q t 'ARK NW 3rd St,� Un V I� O South l7r:� A SEDCN a CORAL TRACE a �CSrady Rdud� 143rd pl.:_ Barrett 5t �I { .. Evans Rd 41 High Point Di a ba FrEll.d O Pines�r Frances E]r Ellvroad Or L $ w kfauriceor {t Franwvod Or �� IF -- z l Pine Grare pr . =tWIN SYCREEK� L .Y Sdd 4IJARE y o C f f _- HAN DYER —J �� c 4 SQUALRE ._ I Y OAGRE55 AT A7LANTlC 700jId5 V�- rA,fx �1Jli 37.1,a 7_ �iEGINA PARK - _ir• 7i7 �.a' _3:J 9 1•i9 � I Form MARLOC - "TOTAL" appraisal software by a la mode, inc. -1- 800 - ALAMODE iber y_ Real Estate Appraisers Professional 10Q ts Liability Date Issued Policy Number Previous Policy Number 06/12/2013 LS1004485 -0112 LSI004485 -011 LIBERTY SURPLUS INSURANCE CORPORATION (A Stock lasutatice Company, hereinafter the "Company "} 175 Berkeley Street Boston, MA 02117 THIS IS A CLAIMS MADE AND REPORTED POLICY. PLEASE READ TT CAREFULLY. Item DECLARATIONS T. Customer ID: 137192 This insurance is issued pursuant to the Florida Named Insured: Surplus Lines law. Persons insured by surplus DELFINO & ASSOCIATES, INC. lines carriers do not have the protection of the Florida Insurance Guaranty Act to the extent of Robert A. Del f no, Jr. any rigbt of recovery for the obligation of an 7934 Stirling Bridge Blvd. S insolvent unlicensed insurer. Delray Beach, FL 33446 2. Policy Period- From: 07/07/2013 To: 07/07/2014 12:01 A.M. Standard Time at the address stated in Item 1. 3. Deductible; $1,000 Each Claim. 4. Retroactive Date: 07/07/1997 5. inception Date: 07/07/2002 b. Limits of Liability: The Limit of Liability for Each Claim and in A. 5300,000 Each Claim the Aggregate is reduced by Damages and B. $300,000 Aggregate Claims Expenses as defined in the Policy. 7. Mail all notices, including notice of claim, to Agent: LIA Administrators & Iustrrance Services 1600 Anacapa Street Santa Barbara, California 93101 (800) 334 -0652; Fax: (805) 962 -0652 8. Annual premium: $561.00 -1- $28 . 05 Surplus Lines Tax + $7. 2 9 EHCk Assessment 9. Number of Appraisers: I 10. Forms attached at issue: LIA002S (10 /11) GPO 4916 03 10 LIA009 (08 /11) LIA012 (08 111) LIA015 (03/10) SC -9 (10/08) This Declarations Page together with the completed and signed Policy Application including all attachments and exhibits thereto, and the Real Estate Appraisers Professlonaf Liabili ty Insurance Policy shall constitute the contract between the lypmed Insured and the Comoan, LIAOOIS (04/10) By zed Signature Form SC1 - "TOTAL" appraisal software by a la mode, inc. -1- 800 - ALAMODE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BD 1940 N. MONROE ST. �D TALLAHASSEE FL 32399 -0783 DELFINO, ROBERT A JR 7934 STIRLING BRIDGE BLVD S DELRAY BEACH FL 33446 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation_ Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! DETACH HERE: 850 - 487 -1395 AC #6 2 S 9 J 1 5 STATE OF FLORIDA DEPARTMENT: OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BD SEQ #L12082104343- Form SM - "TOTAL" appraisal software by a la mode, inc. -1- 800 - ALAMODE KEN LAWSON SECRETARY VALUTRUST Client: Subject Property Address Effective Date: Reference Number: Certificate of Compliance for Appraiser Independence RoundPoint Mortgage Company 3740 Lancewood Place, DELRAY BEACH, FL 33445 10/11/2013 259753 As an independent third party lender services company, Valutrust Solutions certifies that the above referenced appraisal report was completed with all current appraisal independence requirements as defined by the Dodd -Frank Wall Street Reform and Consumer Protection Act, Fannie Mae, Freddie Mac and the Federal Housing Administration. The Lender /Client named on the appraisal report has submitted the appraisal order to Valutrust through our secure proprietary platform, or through our direct integration with the Lender /Client Loan Origination System. Our business processes include the following procedures: • Appraiser selection will be performed independently by Valutrust through our proprietary VISTA system based on appraiser proximity, availability and rating as an approved vendor to Valutrust. • The appraiser will be provided with property information only. No value estimate, loan amount, loan to value ratio or any other "target" value that could compromise their position as an independent vendor to the transaction will be provided to the appraiser. For purchase transactions, the purchase agreement will be provided. • Valutrust's appraisal process maintains a secure environment whereby the mortgage origination firm/Lender production staff is unaware of the identity of the appraiser until the time of the final delivery of the appraisal report. • All appraiser's license /certification status are verified though ASC.gov before delivering the original unaltered appraisal reports through the Valutrust Portal. Valutrust maintains a copy of this certificate within the appraisal transaction of the VISTA appraisal management system. The certificate can be made available to any authorized institutions successors and /or assignees by the originating Lender /Client. Valutrust Solutions (877) 550 -8258 0 Fidelity National Title Insurance Company Title Officer: Escrow Officer: Escrow No.: Loan No.: 7000008967 1 2. 3 Effective date: October 8, 2013 Performance Title, LLC 137 Main Street, Bay St. Louis, MS 39520 Phone: 888-641-3334 SCHEDULE A Title No.: RP -FL -66773 This Title Insurance Commitment is good for 90 days from the date of issue. Do not rely upon this after 12/20/2013 AT 11:59PM, a title update must be ordered. If you close a transaction based on this Title Insurance Commitment after 12/20/2013 AT 11:59PM without a title update Fidelity National Title Insurance Company -will not issue a Title Insurance Policy. Policy (or Policies) to be issued: (a) Owner's Policy Policy Amount Proposed Insured: Lana Ritz Policy Premium: (Additional discounts may apply) (b) Loan Policy 7000008967 Proposed Insured: Policy Amount $146,000.00 Roundpoint Mortgage Company, it's successors and /or assigns, as their interest may appear, 5032 Parkway Plaza Blvd., Suite 100, Charlotte, NC 28217 Policy Premium: $25.00 (Additional discounts may apply) (c) Proposed Insured Policy Amount $0.00 The estate or interest in the land described or referred to in this Commitment is: FEE SIMPLE The estate is subject to, and the Company does not insure title to, and excepts from the description of the land, coal, lignite, oil, gas and other minerals in, under and that may be produced from the land, together with all rights, privileges, and immunities relating thereto 4. Title to the Fee Simple estate or interest in the land is at the Effective Date vested in: Lana Ritz, a married woman 0 Fidelity National Title Insurance Company Performance Title, LLC 137 Main Street, Bay St. Louis, MS 39520 Phone: 888-641-3334 VESTING: Special Warranty Deed Grantors: City of Delray Beach, a municipal corporation of the State of Florida Grantees:Lana Ritz, a married woman Dated:February 15, 2011 Recorded Date:March 7, 2011 Consideration: $10.00 DBV:24395/0447 The land referred to in this Commitment is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Commonly known as 3740 Lancewood Place, Delray Beach, FL 33445 -1248 However, by showing this address no additional coverage is provided 0 Fidelity National Title Insurance Company Performance Title, LLC 137 Main Street, Bay St. Louis, MS 39520 Phone: 888-641-3334 LEGAL DESCRIPTION EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Palm Beach, STATE OF Florida, AND IS DESCRIBED AS FOLLOWS: Lot 2, Block 4, Sabal Lakes Phase One, according to the map or plat thereof as recorded in Plat Book 60, Page 188, Public Records of Palm Beach County, Florida. Parcel I.D.# 12- 42- 46- 12 -15- 004 -0020 Commonly known as 3740 Lancewood Place, Delray Beach, FL 33445 -1248 However, by showing this address no additional coverage is provided 0 Fidelity National Title Insurance Company Performance Title, LLC 137 Main Street, Bay St. Louis, MS 39520 Phone: 888-641-3334 SCHEDULE B — SECTION I REQUIREMENTS The following requirements must be met: 1) Pay the agreed amounts for the interest in the land and /or the mortgage to be insured. 2) Pay us the premiums, fees and charges for the policy. 3) If the insured premises include a mobile or manufactured home that has not been permanently affixed to the premises, Company will not issue a final policy of title insurance and any and all obligations created under this commitment will be void. 4) Instrument(s) creating the estate or interest (Title) to be insured, executed, delivered and recorded in the Public Records of the appropriate county a) Company requires a new Mortgage, deed of trust, security instrument in the amount of $146,000.00 from Lana Ritz to Roundpoint Mortgage Company be executed and delivered in recordable form. Additionally, company requires spousal joinder to the security instrument or waiver of homestead, community property, dower and /or courtesy should the state allow this waiver to be made by separate instrument. b) A judgment search has been performed in the county land records for Lana Ritz . Results of this search for the name of Lana Ritz, will be named in this commitment, if any. (All results herein are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purposes.) 5) Obtain and File Satisfactory resolution of the following matters. 6) Clearance of all parties to transaction of the Specially Designated Nationals & Blocked Persons database (Patriot Act) Searched for Lana Ritz; NO MATCH FOUND (All results herein are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purposes. 7) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. 8) Pay all taxes, charges, and assessments affecting the land that are due and payable. 9) Duly executed Title /Owner's Affidavit 10) Duly executed Survey Affidavit, if required. 11) Documents for recordation pertinent to this transaction are required to be presented for recording in the format required by the appropriate county recording jurisdiction 0 Fidelity National Title Insurance Company Performance Title, LLC 137 Main Street, Bay St. Louis, MS 39520 Phone: 888-641-3334 12) Subject to the taxes for the current year and subsequent years not yet due and payable, Complete detailed tax Information to follow as Exhibit B to this Commitment and is included herein as if set forth herein. 13) Obtain and File Satisfactory resolution of the following matters: a) \- Florida Taxes -- 2012 TAXES PAID IN THE AMOUNT OF $2,927.30 ON 11/30/2012; GROSS $3,049.26 b) ** *Mortgage Information * ** Mortgagee: Mortgage Electronic Registration Systems, Inc. for WCS Lending, LLC, a Florida Limited Liability Company Mortgagor: Lana Ritz married woman Amount: $151,500.00 Dated: 02/15/2011 Recorded: 03 /07/2011 Open Ended: No Book: 24395 Page: 451 Clerk's File Year: 2011 No: 20110077929 c) ** *Mortgage Information * ** Mortgagee: City of Delray Beach, a Florida municipal corporation, as Trustee Mortgagor: Lana Ritz, a married woman Amount: $49,500.00 Dated: 02/15/2011 Recorded: 03 /07/2011 Open Ended: No Book: 24395 Page: 463 Clerk's File Year: 2011 No: 20110077930 d) ENDORSEMENT 5 (PLANNED UNIT DEVELOPMENT) e) The following ALTA endorsements will be added to the final policy: ALTA 8.1, 0 Fidelity National Title Insurance Company Performance Title, LLC 137 Main Street, Bay St. Louis, MS 39520 Phone: 888-641-3334 Title No RP -FL -66773 SCHEDULE B — SECTION II EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1) Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2) Any lien, or right to alien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 3) Any encroachment, conflicts in boundary lines, discrepancies, easements, measurement, encumbrance, violation, variation, adverse circumstance or other state of facts affecting the title that would be disclosed by an accurate and complete survey of the land. The term "encroachment" includes encroachments of existing improvements located on the land onto adjoining land, and encroachments onto the land of existing improvements located on adjoining land. 4) The exact acreage or square footage of the premises will not be insured. 5) Rights, facts, interests or claims of present tenants, lessees or parties in possession which are not shown by the Public Records, but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 6) Streams, riparian rights, littoral rights and the title to any filled -in- lands. 7) Taxes or special assessments which are not shown as existing liens by the public records. 0 Fidelity National Title Insurance Company Performance Title, LLC 137 Main Street, Bay St. Louis, MS 39520 Phone: 888-641-3334 8) Covenants, conditions and restrictions and other instruments recorded in the public records and purporting to impose a transfer fee or conveyance fee payable upon the conveyance of a interest in real property or payable for the right to make or accept such a transfer, and any and all fees, liens or charges, whether recorded or unrecorded, if any, currently due payable or that will become due or payable, and any other rights deriving therefrom, that are assessed pursuant thereto. 9) Any rights of way, ingress, egress, regress, easements or servitudes appearing in the public records. 10) Any lease, grant, exception or reservation of minerals or mineral rights appearing in the public records. 11) Homeowner's or other association dues, assessments or fees for which no notice of delinquency, lien, claim of lien or assessment has been filed of record in the real property records. 12) Any matters listed as requirements on Schedule B -I that are not resolved to the satisfaction of Company will be shown as an exception on final policy. �*PSNENT(�y OMB Approval No. 2502 -0265 p`9I A.Settlement Statement (HUD -1) Q7h ptyE� B. Type Loan of 1. ❑ FHA 2. ❑ RHS 3. ❑ Conv.Unins. 6. File Number: 7. Loan Number: 7000008967 8. Mortgage Insurance Case Number: 4. ❑ VA 5. ❑ Conv. Ins. 103. Settlement charges to borrower (line 1400) 937.50 104. C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing, they are shown here for informational purposes and are not included in the totals. D. Name & Address of Borrower: E. Name & Address of Seller: F. Name & Address of Lender: Lana Ritz RoundPoint Mortgage Company 108. Assessments 1/ to 5032 Parkway Plaza Blvd, Suite 1 3740 Lancewood Place Charlotte, INC 28217 Delray Beach, FL 33445 111. G. Property Location: H. Settlement Agent: I. Settlement Date: 3740 Lancewood Place 200. Amounts Paid by or in Behalf of Borrower 201. Deposit or earnest money Delray Beach, FL 33445.1248 202. Principal amount of new loan(s) 146,000.00 Place of Settlement: 204. The Public Reporting Burden for this collection of information is estimated at 35 minutes per response for collecting, reviewing, and reporting the data. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. No confidentiality is assured; this disclosure is mandatory. This is designed to provide the parties to a RESPA covered transaction with information during the settlement process. Previous editions are obsolete Page 1 of 3 HUD -1 HUD -1 p1 (eff. Jan 2010) - 08/2011 - Encompass360® J. Summary of Borrower's Transaction 100. Gross Amount Due from Borrower 101. Contract sales price 102. Personal property 103. Settlement charges to borrower (line 1400) 937.50 104. 105. Adjustment for items paid by seller in advance 106. City /town taxes 1/ to 11 107. County taxes 1/ to 108. Assessments 1/ to 109. 110. 111. 112. 120. Gross Amount Due from Borrower 937.50 200. Amounts Paid by or in Behalf of Borrower 201. Deposit or earnest money 202. Principal amount of new loan(s) 146,000.00 203. Existing loan(s) taken subject to 204. 205. 206. 207. 208. 209. Adjustments for items unpaid by seller 210. City /town taxes y to 211. County taxes // to 212. Assessments // to 213. 214. 215. 216. 217. 218. 219. 220. Total Paid by/for Borrower 146 000.00 300. Cash at Settlement from /to Borrower 301. Gross amount due from borrower (line 120) 937.50 302. Less amounts paid by /for borrower (line 220) ( 146,000.00) 303. Cash ❑ From X❑ To Borrower 145,062.50 The Public Reporting Burden for this collection of information is estimated at 35 minutes per response for collecting, reviewing, and reporting the data. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. No confidentiality is assured; this disclosure is mandatory. This is designed to provide the parties to a RESPA covered transaction with information during the settlement process. Previous editions are obsolete Page 1 of 3 HUD -1 HUD -1 p1 (eff. Jan 2010) - 08/2011 - Encompass360® K. Summary of Seller's Transaction 400. Gross Amount Due to Seller 401. Contract sales price 402. Personal property 403. 404. 405. Adjustments for items paid by seller in advance 406. City /town taxes // to 407. County taxes // to 408. Assessments 11 to 409. 410. 411. 412. 420. Gross Amount Due to Seller 500. Reductions In Amount Due to Seller 501. Excess deposit (see instructions) 502. Settlement charges to seller (line 1400) 503. Existing loan(s) taken subject to 504. Payoff of first mortgage loan 505. Payoff of second mortgage loan 506. 507. 508. 509. Adjustments for items unpaid by seller 510. City /town taxes 11 to 1/ 511. County taxes 1/ to 1/ 512. Assessments 11 to 1/ 513. 514. 515. 516. 517. 518. 519. 520. Total Reduction Amount Due Seller 600. Cash at Settlement toffrom Seller 601.G ss amount due to seller (line 420) 602. Less reductions in amount due seller (line 520) ( ) 603. Cash X❑ To ❑ From Seller The Public Reporting Burden for this collection of information is estimated at 35 minutes per response for collecting, reviewing, and reporting the data. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. No confidentiality is assured; this disclosure is mandatory. This is designed to provide the parties to a RESPA covered transaction with information during the settlement process. Previous editions are obsolete Page 1 of 3 HUD -1 HUD -1 p1 (eff. Jan 2010) - 08/2011 - Encompass360® L. Settlement Charges 700. Total Real Estate Broker Fees Based on Price $ @ % = Paid From Paid From Division of commission (line 700) as follows: Borrower's Seller's 701. $ to Funds at Funds at 702. $ to Settlement Settlement 703. Commission paid at settlement 704. 800. Items Payable in Connection with Loan 801. Our origination charge Includes Origination Points 0.682 ° or 995.00 $ 995.00 (from GFE #1) 802. Your credit or charge (points) for the specific interest rate chosen $ -3,185.00 (from GFE #2) 803. Your adjusted origination charges (from GFE A) -2,190.00 804. Appraisal fee to Valutrust Solutions (from GFE #3) 395.00 805. Credit report to (from GFE #3) 806. Tax service to (from GFE #3) 807. Flood certification (from GFE #3) 808. (from GFE #3) 809. (from GFE #3) 810. (from GFE #3) 811. (from GFE #3) 812. (from GFE #3) 813. (from GFE #3) 814. (from GFE #3) 815. (from GFE #3) 816. (from GFE #3) 817. (from GFE #3) 818. (from GFE #3) 819. (from GFE #3) 900. Items Required by Lender to Be Paid in Advance 901. Daily interest charges from 11/06/2013 to 12/01/2013 @$16.0000 /day (from GFE #10) 902. Mortgage insurance premium for months to (from GFE #3) 903. Homeowners insurance toJ M Murphy (from GFE #11) 904. (from GFE #11) 905. VA funding fee (from GFE #3) 906. Flood insurance (from GFE #11) 907. (from GFE #11) 908. (from GFE #11) 909. (from GFE #11) 910. 1000. Reserves Deposited with Lender 1001. Initial deposit for your escrow account (from GFE #9) 1002. Homeowner's insurance months @ $ 116.67 per month $ 1003. Mortgage insurance months @ $ per month $ 1004. Property taxes months @ $ 243.94 per month $ 1005. City property tax months @ $ per month $ 1006. Flood insurance reserve months @ $ per month $ 1007. months @ $ per month $ 1008. months @ $ per month $ 1009. months @ $ per month $ 1010. USDA Annual Fee months @ $ per month $ 1011. Aggregate Adjustment -$ 1100. Title Charges 1101. Title services and lender's title insurance to Performance Title LLC (from GFE #4) 1,288.00 1102. Settlement or closing fee to Performance Title, LLC $ 400.00 1103. Owner's title insurance (from GFE #5) 1104. Lender's title insurance $ 830.00 1105. Lender's title policy limit $ 1106. Owner's title policy limit $ 1107. Agent's portion of the total title insurance premium to 1108. Underwriter's portion of the total title insurance premium to Performance Title LLC 1109. Attorney Fee 1110. AbstracNTitle Search 1111. Title Endorsement $ 58.00 1112. Courier 1113. Nota 1114. Doc Pre 1200. Government Recording and Transfer Charges 1201. Government recording charges (from GFE #7) 214.00 1202. Deed $ Mortgage $ Releases $ $ 214.00 1203. Transfer taxes $ 302.00(from GFE #8) 830.50 1204. City /County tax /stamps Deed $ Mortgage $ 1205. State tax /stamps Deed $ Mortgage $ $ 528.50 1206. 1207. 1208. 1300. Additional Settlement Charges 1301. Required services that you can shop for (from GFE #6) 1302. (from GFE #6) 1303. (from GFE #6) 1304. (from GFE #6) 1305. (from GFE #6) 1306. (from GFE #6) 1307. (from GFE #6) 1308. (from GFE #6) 1309. (from GFE #6) 1400. Total Settlement Charges (enter on lines 103, Section J and 502, Section K) 937.50 P - Paid Outside Closing (POC) by Borrower S - POC by Seller B - POC by Broker L - POC by Lender O - POC by Other Previous editions are obsolete Page 2 of 3 HUD -1 HUD -1 p2 (eff. Jan 2010) - 08/2011 - Encompass3606 Comparison of Good Faith Estimate (GFE) and HUD -1 Charges Good Faith Estimate HUD -1 Charges That Cannot Increase HUD -1 Line Number Your initial interest rate is 4.000 % Our origination charge # 801 995.00 995.00 Your credit or charge (points) for the specific interest rate chosen # 802 - 3,185.00 - 3,185.00 Your adjusted origination charges # 803 - 2,190.00 830.50 - 2,190.00 Transfer taxes # 1203 830.50 Charges That in Total Cannot Increase More Than 10% Good Faith Estimate HUD -1 Government recording charges # 1201 Appraisal Fee to Valutrust Solutions # 804 Title Services and Lender's Title Insurance # 1101 214.00 395.00 1,288.00 214.00 395.00 1,288.00 owed can rise to $ . The maximum it can ever rise to is $ Does your loan have a prepayment penalty? ❑ No. ❑ Yes, your maximum prepayment penalty is $ Does your loan have a balloon payment? ® No. ❑ Yes, you have a balloon prepayment of $ due in years on Total monthly amount owed including escrow account payments ❑X You do not have a monthly escrow payment for items, such as property taxes and homeowner's insurance. You must pay these items directly yourself. ❑ You have an additional monthly escrow payment of $ that results in a total initial monthly amount owed of $ . This includes principal, interest, any mortgage insurance and any items checked below. ❑ Property taxes ❑ Homeowners insurance ❑ Flood insurance ❑ ❑ ❑ ❑ USDA Annual Fee # Increase between GFE and HUD-1 Charges 1,897.001 1,897.00 $ or % Charges That Can Change Good Faith Estimate HUD -1 Initial deposit for your escrow account # 1001 Daily interest charges # 901 $ 16.0000 /day Homeowner's insurance # 903 400.00 400.00 Loan Terms Your initial loan amount is $146,000.00 Your loan term is 15 years Your initial interest rate is 4.000 % Your initial monthly amount owed for principal, interest, and any $ 1,079.94 includes mortgage insurance is [X] Principal ® Interest ❑ Mortgage Insurance Can your interest rate rise? [91 No. ❑ Yes, it can rise to a maximum of %. The first change will be on and can change again every after Every change date, your interest rate can increase or decrease by %. Over the life of the loan, your interest rate is guaranteed to never be lower than % or higher than %. Even if you make payments on time, can your loan balance rise? [j] No. ❑ Yes, it can rise to a maximum of $ Even if you make payments on time, can your monthly amount owed ® No. ❑ Yes, the first increase can be on and the monthly amount for principal, interest, and mortgage insurance rise? owed can rise to $ . The maximum it can ever rise to is $ Does your loan have a prepayment penalty? ❑ No. ❑ Yes, your maximum prepayment penalty is $ Does your loan have a balloon payment? ® No. ❑ Yes, you have a balloon prepayment of $ due in years on Total monthly amount owed including escrow account payments ❑X You do not have a monthly escrow payment for items, such as property taxes and homeowner's insurance. You must pay these items directly yourself. ❑ You have an additional monthly escrow payment of $ that results in a total initial monthly amount owed of $ . This includes principal, interest, any mortgage insurance and any items checked below. ❑ Property taxes ❑ Homeowners insurance ❑ Flood insurance ❑ ❑ ❑ ❑ USDA Annual Fee Note: If you have any questions about the Settlement Charges and Loan Terms listed on this form, please contact your lender. Previous editions are obsolete Page 3 of 3 HUD -1 HUD -1 p3 (eff. Jan 2010) — 08/2011 — Encompass3606 AREAABOVE RESERVED FOR RECORDING INFORMATION SUBORDINATION AGREEMENT Prepared By and Return To: Performance Title, Inc. 137 Main Street Bay St. Louis, MS 39520 File No. RP -FL -66773 STATE OF FLORIDA COUNTY OF PALM BEACH FOR AND IN CONSIDERATION of the sum of Zero Dollars ($0.00) cash in hand paid and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, CITY OF DELRAY BEACH, Beneficiary, (hereinafter `Beneficiary"), in that certain Mortgage executed by LANA RITZ, dated 02/15/2011, filed 03/07/2011 in the amount of $49,500.00 and recorded in Book 24395 at Page 463 and Instrument # 20110077930 in official property records of PALM BEACH County , FLORIDA, and more particularly described on Exhibit A attached hereto and made a part hereof for all purposes, Beneficiary does hereby subordinate to that certain Mortgage which is being made by LANA RITZ, favor of ROUNDPOINT MORTGAGE COMPANY, in the official property records in PALM BEACH County, FLORIDA, securing an approximate principal indebtedness not to exceed $146,000.00. In all other respects, this Mortgage in favor of CITY OF DELRAY BEACH remains in full force and effect. The Office of the Clerk of Court of PALM BEACH County in the State of FLORIDA, is authorized and requested to make the appropriate marginal notation of this Subordination Agreement on the face of the lien instrument. Witness my signature, this the day of 12013. CITY OF DELRAY BEACH By: Its: STATE OF COUNTY OF Printed Name and Title Personally appeared before me, the undersigned authority in and for the said county and state, on this day of 2013, within my jurisdiction, the within named , who acknowledged that s/he is (title) of , a corporation, and that for and on behalf of the said corporation, and as its act and deed s/he executed the above and foregoing instrument, after first having been duly authorized by said corporation so to do. Notary Public My Commission Expires: TYPE OF PURCHASE NAME PROPERTY ADDRESS LEGAL DESCRIPTION DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN Existing Property CENSUS TRACT Lana Ritz 3740 Lancewood Place 12- 42- 46- 12 -15- 004 -0020 Lot 2, Block 4, Sabal Lakes Phase One, according to the Plat thereof as recorded in Plat Book 60, Page 188, of the Public Records of Palm Beach County, Florida. % OF AREA MEDIAN HOUSEHOLD INCOME Low Annual Income 35,000.16 NO. IN HOUSEHOLD 3 Monthly 2,916.68 FIRST MORTGAGE $ 151,500.00 PITI (HOA) 1,295.29 RATE 4.75% Ratio 44% LTVJ 75.75% 2 % Contribution 4,148.03 BREAKDOWN COST OF UNIT Estimated Closing Costs HOA Fees HOA Fees Actual $200,000.00 30 year 7,261.34 44.43 95.70 TOTAL TRANSACTION: $207,401.47 FIRST MORTGAGE 151,500.00 Esc 500.00 PMI, MIP, Funding Fee financed 148.08 Seller Credit 275.00 Estimated Cash From Borrower 5,478.39 REQUESTED FUNDS 157,901.47 $49,500.00 The interest rate decreased by .75% thereby saving herself $128,368.80 and decreasing term from 30 to 15 year loan. The payments have increased by $145.26 /month. TYPE OF PURCHASE NAME PROPERTY ADDRESS LEGAL DESCRIPTION Existing Property CENSUS TRACT Lana Ritz 3740 Lancewood Place 12- 42- 46- 12 -15- 004 -0020 Lot 2, Block 4, Sabal Lakes Phase One, according to the Plat thereof as recorded in Plat Book 60, Page 188, of the Public Records of Palm Beach County, Florida. % OF AREA MEDIAN HOUSEHOLD INCOME Low Annual Income 35,000.16 NO. IN HOUSEHOLD 3 Monthly 2,916.68 FIRST MORTGAGE $ 146,000.00 PITI (HOA) 1,440.55 RATE 4.0% Ratio 49% LTVJ 1oo.00% 12% Contribution 1 2,938.75 BREAKDOWN COST OF UNIT Estimated Closing Costs HOA Fees HOA Fees Refinance $146,000.00 15 year 937.50 TOTAL TRANSACTION: $146,937.50 FIRST MORTGAGE 146,000.00 Esc mwp PMI, MIP, Funding Fee financed Seller Credit Estimated Cash From Borrower 937.50 146, 937.50 REQUESTED FUNDS $0.00 1079/PI MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: October 30, 2013 SUBJECT: AGENDA ITEM 8.V. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 RESOLUTION NO. 51-13 ITEM BEFORE COMMISSION This is a resolution assessing costs for abatement action required to remove nuisances on 8 properties throughout the City. BACKGROUND The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties if the assessments remain unpaid. RECOMMENDATION Recommend approval of Resolution No. 51 -13. RESOLUTION NO. 51 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within seven (7) days from the date of said notice (forty -two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within five (5) days from the date of delivery of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and /or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach at the November 5, 2013 meeting has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said 2 Res. No. 51 -13 property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8 %, and collection costs including a reasonable attorney's fee. ATTEST: PASSED AND ADOPTED in regular session on this 5`h day of November, 2013. City Clerk MAYOR This instrument was prepared by: Brian Shutt, City Attorney 200 N.W. 1" Avenue Delray Beach, Florida 33444 Res. No. 51 -13 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT 809 NW 2ND STREET TOURIST NOOK DELRAY W 1/2 OF LTS 17 &18 BLK B PCN 12 43 46 17 25 002 0172 CASE NO. RN 13 -43496 ZMAX Investors, LLC. 43 Jefferies Avenue Rockville Centre, NY 11570 $ 95.00 Invoice No. 38840 $ 55.00 Admin Fee $ 150.00 1218 SW 22ND AVENUE DELRAY BEACH HIGHLANDS SEC 1 LT 1 BILK 8 PCN 12 43 46 19 02 008 0010 CASE NO. NA 13 -42512 SRP SUB, LLC. 2700 W Cypress Creek Rd Ste D118 Fort Lauderdale, FL 33309 $ 130.00 Invoice No. 38850 $ 55.00 Admin Fee $ 185.00 PING WAI CHENG 5060 NW 5TH STREET PINE TRAIL SEC 4 LT 12 (LESS ELY 40 FT) BILK 4 CASE NO. NA 13 -42978 Ping Wai Cheng 5060 N.W. 5th Street Delray Beach, FL 33445 $ 80.00 Invoice No. 38852 $ 55.00 Admin Fee $ 135.00 590 NW 46TH AVENUE PINE TRAIL SEC 1 N 1/2 OF LT 4 BILK 3 PCN 12 42 46 12 07 003 0041 CASE NO. NA 13- 42376T Nationwide Investment Firm Corp 301 Yamato Road, Ste 1240 Boca Raton, FL 33431 $ 80.00 Invoice No. 38842 $ 55.00 Admin Fee $ 135.00 4799 NW 6TH CT PINE TRAIL SEC II W 1/2 OF LT 5 BILK 2 PCN 12 42 46 12 08 002 0051 CASE NO. RN 13 -43002 Group Investment & Mgmt GIM, LLC 4799 SW 6th Ct Delray Beach, FL 33445 $ 75.00 Invoice No. 38851 $ 55.00 Admin Fee $ 130.00 2533 ANGLER DRIVE DELRAY SHORES LOT 8 BLOCK 11 PCN 12 43 46 07 01 011 0080 CASE NO. RN 13 -43252 SRP Sub LLC 2533 Angler Drive Delray Beach, FL 33445 252 NE 15th Street Delray Beach, Florida 33444 $ 75.00 Invoice No. 38827 VIOLATION IS: SECTION 100.01— LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE $ 55.00 Admin Fee $ 130.00 RES NO. 51- 13.xls COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES RES NO. 51- 13.xls PROPERTY DESCRIPTION OWNER ASSESSMENT 107 NW 10TH AVENUE WEST SIDE HEIGHTS DELRAYLOT 11 BLOCK A PCN 12 43 46 17 26 001 0110 CASE NO. RN 13 -42991 Jani E. Wagner 252 NE 15th Street Delray Beach, FL 33444 $ 95.00 Invoice No. 38838 $ 55.00 Admin Fee $ 150.00 NW 13TH AVENUE ATLANTIC PARK GARDENS, DELRAY LOT 15 BILK 1 PCN 12 43 46 17 18 001 0150 CASE NO. RN 13 -43369 Ruthey Carrington 337 SW 11th Avenue Delray Beach, FL 33444 $ 95.00 Invoice No. 38828 $ 55.00 Admin Fee $ 150.00 VIOLATION IS: SECTION 100.01— LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE RES NO. 51- 13.xls WHEREAS, the City of Delray Beach has joined a national call to action for the Campaign for Grade Level Reading to help students be proficient readers by 3rd grade; and WHEREAS, learning to read is the most essential and fundamental skill for academic achievement and future success of a child; and WHEREAS, the third -grade reading milestone is important as after third grade, students pivot from learning to read to reading to learn; and WHEREAS, community leaders, educators, policy makers, businesses, parents, and volunteers are encouraged to work together to raise awareness of the importance of literacy and join our Campaign for Grade Level Reading, and WHEREAS, the City of Delray Beach is proud to promote the importance of literacy by designating November 131h as Delray Reads Day. NOW, THEREFORE, I CARY GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the Citizens of Delray Beach, do hereby proclaim November 13, 2013 as: 'D¢Irag R�ad,5 'Dag! 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 STH day November 2013. Cary Glickstein Mayor WHEREAS, in November 2008, Family Promise of South Palm Beach County began operations dedicated to helping the most vulnerable among us, children and families who are temporarily homeless; and WHEREAS, during the last five years Family Promise has graduated over 200 people with a 100% success rate, and WHEREAS, Family Promise supports numerous congregations of our area's faith community, which provide the facilities to house and feed guest families in need; and WHEREAS, believing that every child deserves a home, Family Promise of South Palm Beach County and its more than 1,000 volunteers empower families in making their transition from homelessness to sustainable independence. NOW THEREFORE, I, CARY GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the Commission do hereby proclaim November 10-16,2013 as: FAMILY PROMISE WEEK in the City of Delray Beach, and in so doing, urge all citizens to recognize and raise awareness of the issue of temporary homeless children and families in our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida, to be affixed at Delray Beach, Florida, the 51h day of November, 2013. CARY GLICKSTEIN MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, LEED GA, Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: October 31, 2013 SUBJECT: AGENDA ITEM 8.X. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of October 14, 2013 through November 1, 2013. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission 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 1. Approved (7 to 0), an extension request to the conditional use modification approval to allow the interior conversion of two automotive service bays to accommodate an expansion of the existing convenience store for Gasland convenience store, located at the southwest corner of NE 5th Avenue and NE 4th Street (398 NE 5th Avenue). No other appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: Recommended approval (7 to 0), of a corrective City- initiated rezoning from RM (Medium Density Residential) in part and GC (General Commercial) in part to RM (Medium Density Residential) for Pelican Pointe Condominium, located east of South Federal Highway, between Tropic Isle Drive and Bosun Way. Site Plan Review and Appearance Board Meeting of October 23, 2013 1. Approved with conditions (7 to 0), an extension request expiring October 12, 2015, for the Class III site plan modification to allow the interior conversion of two automotive service bays to accommodate an expansion of the existing convenience store for Gasland, located at the southwest corner of NE 4th Street and NE 5th Avenue (398 NE 5th Avenue). 2. Approved (7 to 0), a request for a color change for Alberta Beale, Inc. an existing residential co- op located at the northwest corner of SE 5th Avenue and SE 1 st Street (90 SE 5th Avenue). 3. Approved (7 to 0), a request for a color change for Beachway, an existing commercial building, located at the northeast corner of North Federal Highway and Bond Way (1201 North Federal Highway). 4. Approved (7 to 0), a Class I site plan modification associated with the painting of a mural "Children of Haiti Mural" on the west elevation of a commercial building, located on the northwest corner of West Atlantic Avenue and NW 6th Avenue ( 601 West Atlantic Avenue). 5. Approved with conditions (6 to 1, Rustem Kupi dissenting), a Class I site plan modification associated with architectural elevation changes for Mussle Beach Restaurant, located at the northeast corner of East Atlantic Avenue and NE 5th Avenue (501 East Atlantic Avenue). RECOMMENDATION By motion, receive and file this report. Attachment: Location Map • CITY COMMISSION MEETING - _ _ _ CITYLIMITS . _ _ _ N APPEALABLE ITEMS ONE MILE LOCATION MAP PLANNING AND ZONING GRAPHIC SCALE DEPARTMENT NOVEMBER 5, 2013 P &Z: 1. GASLAND SPRAB: 2. ALBERTA BEALE, INC. 3. BEACHWAY -- DIGITAL BASE MAP SYSTEM -- 4. CHILDREN OF HAITI MURAL 5. MUSSEL BEACH RESTAURANT -- DLS -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \CC— D0C \11 -5 -13 MEMORANDUM 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 23, 2013 SUBJECT: AGENDA ITEM 8.Y.1 - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 CONTRACT AWARD /PROLIME CORPORATION (PC) ITEM BEFORE COMMISSION The item before Commission is to approve an annual renewal to an award to Prolime Corporation (PC) in the annual amount not to exceed $240,000.00 for hauling and disposal of liquid lime slurry from the Water Treatment Plant (WTP) for Fiscal Year 2014. BACKGROUND The WTP generates a large amount of sludge due to enhanced coagulation with ferric chloride. During Spring 2009, staff initiated disposal of liquid lime slurry on a 30 day trial run basis to evaluate the effectiveness and viability of this process. The process involved taking the slurry directly from one of the two thickener units prior to processing into lime sludge. The trial run proved very favorable as less sludge is produced. The process reduces lime sludge stockpiling to the lagoon and provided treatment relief by alleviating over saturation condition at the east thickener unit. This process has also aided in improving water color quality. Utilizing a competitive bid process, staff bid services for hauling wet lime sludge from the city's Water Treatment Plant in the fall 2012; prior to this, services were provided by a vendor having a contract with Palm Beach County. The City released the advertisement for bid on October 22, 2012, which netted four potential bidders attending the mandatory pre -bid conference. The bid was structured as a request for a unit price per liquid ton, hauled to an approved facility. Loads are based on 26 liquid tons. On November 7, 2012, the City received only two bids under this advertisement. Prolime Corporation submitted $17.69/ liquid ton and Dedicated Transport, LLC submitted $23.75 /liquid ton, plus applicable fuel surcharges and an alternative pricing structure for hauling to alternative sites. The basis of the bid was made per each vendor's base unit price per liquid ton. Thus, on December 4, 2012, Commission approved award to Prolime Corporations at the unit price of $17.69 /liquid ton. Last year was our first year with Prolime Corporation for this specialized service. Their service has been satisfactory and without incident at the plant. The renewal for lime slurry hauling services is on an annual basis, pending approval of the division's operating budget. If approved, the renewal will be the second year of services, leaving three more renewal options available through Fiscal Year 2017. This request is for a purchase order for Fiscal Year 2013/2014. The total amount requested for this annual period is $240,000; it is based on two loads per day, five days a week, hauled to Pembroke Park, Florida: 26 liquid tons (average tanker load) at $17.69 /liquid ton = $459.94 per load x 10 loads /week x 52 weeks = $239,168.80. Staff requests annual renewal of the award with Prolime Corporation for the disposal of lime slurry from the WTP for the Fiscal Year 2013/2014 in the not to exceed amount of $240,000. REVIEW BY OTHERS City Attorney Finance FUNDING SOURCE Funding is available from 441 - 5122 - 536 -34 -90 (Water and Sewer Fund/ Other Contractual Services). RECOMMENDATION Staff requests annual renewal of the award with Prolime Corporation for the disposal of lime slurry from the WTP for the fiscal year 2013/2014 in the not to exceed amount of $240,000. CITY OF OELRRY BEREH DELRAY BEACH All- AmericaCity I October 08, 2013 Robert V. Rogers, President Peohme Corporation 58610 Van Drive Washington, MI 48094 REF: Bid #2013 -15 — Wet Lime Sludge Hauling 1st- One Year Renewal Option Annual contract Dear Mr. Rogers; The annual contract for the above referenced Bid expires on December 19, 2013. Per page #4, Section 20 "Renewal' of the General Conditions of this bid package, "The City may renew the contract, at the same terms, conditions, and prices for four (4) consecutive terms of 12 month periods, not to exceed a total duration of 60 months, subject to vendor(s) acceptance, satisfactory performance and determination that renewal will be in the best interest of the City ". Please advise if this one (1) extension of your executed contract at prices dated December 19, 2012 would be acceptable. Please respond by signing below and returning one original copy to my attention, Patsy Nadal, Purchasing Division, City of Delray Beach, 100 N.W. First Avenue, Delray Beach, Florida, 33444 or by email: nadak m Beira beach.com_ Sincerely, -�- j Palsy Nadal, Purchasing Manager V1 hereby ag a one (1) year extension of the subject Bid ❑ 1 to vide a one (1) year extension of the subject Bid Signature Date Name (print) cc: David Boyd, Finance Director Victor Majtenyi, Interim Director of Environmental Services John Bullard, Water treatment Plant Manager Gloria Montgomery, Staff Assistant 11 CITY OF DELRAY BEACH 100 NW 1't AVENUE, DELRAY BEACH, FL 33444 BID No. 2013 -18 WET LIME SLUDGE HAULING MAYOR VICE MAYOR DEPUTY VICE MAYOR COMMISSIONER COMMISSIONER CITY MANAGER - NELSON S. McDUFFIE - THOMAS CARNEY -ADAM FRANKEL -AN GELETA GRAY -AL iACQUET -DAVID HARDEN Purchasing Division* Finance Department *(561) 243 -7161 ♦ Fax (561) 243 -7166 INVITATION TO BID CITY OF DELRAY BEACH PURCHASING OFFICE 100 NW FIRST AVENUE DELRAY BEACH, FLORIDA 33444 (561) 243 -7163 BID No. 2013 -18 DATE: October 21. 2012 Water Treatment Plant Wet Lime Sludge Hauling 434 South Swinton Avenue Delray Beach, Florida 33444 Sealed Proposals will be received by the office of the Purchasing Officer, City Hall, 100 NW 1"Avenue Delray Beach, Florida 33444 until Wednesday November 7 2012 at 11:OOAM, at which time they will be publicly opened and read aloud. INVITATION TO BID This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and /or any pertinent document form a part of this bid and by reference are made a part thereof, PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and /or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. MANDATORY PRE -BID: A mandatory pre -bid conference has been scheduled for Tuesday, October 30h. 2012 at 10:30 AM, at the Water Treatment Plant Administration Building (Environmental Services Department Complex) , located at 200 SW 2nd Street, Delray Beach, Florida, 33444. All interested bidders are required to attend and be prepared to ask questions SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 Northwest First Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: BID NUMBER, TITLE, AND DATE OF BID OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above, RETURN ONE COPY OF ALL BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of sixty (60) days from the last date for receiving of bids for acceptance of its bid by the City Manager and /or City Commission. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part with or without cause and /or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions. Bid No. 2013 -18 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS SUBMISSION AND RECEIPT OF BIDS: a) Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. b) Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation To Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C) Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. d) All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES: a) Bidder warrants by virtue of bidding that prices, terms, and conditions bid in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. b) Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit prices bid will govern. C) Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. d) The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. e) Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DELIVERY: a) All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. b) Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified on bid form. BRAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. Bid No. 2013 -18 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. 8. ACCEPTANCE: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the seller's expense. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 10. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 11. COMPLIANCE WITH SAFETY STANDARDS: a) All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. b) Whenever a bid is sought and services secured for any type of on -site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 12. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all statements made in the proposal. 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 14. LIABILITY, INSURANCE, LICENSES AND PERMITS: a) PERMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work. Bid No. 2013 -18 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) b) LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain an Occupational License before a Notice To Proceed will be issued. C) LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rating no less than A -, VII or better. If you have any questions regarding the City's Insurance and /or Bond requirements, please contact the City's Risk Management Office at (561) 243 -7150. See page (s) 17 thru 20 for Insurance Requirements. A "sample" certificate has been attached. 15. SPECIFICATIONS: a) For purposes of evaluation, bidder must indicate any variances from our specifications and /or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. b) Any omissions of detail specifications stated herein that would render the material /service from use as specified will not relieve the bidder from responsibility. 16. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and /or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. The City reserves the right to reject any one or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and /or Federal Government. Exemption certificates certified on request. State Sales Tax Exemption Certificate No. 85- 8012621559C -4 appears on each purchase order. 18. NIA 19. EXCEPTIONS TO CONDITIONS, 1 THRU 18 (Boiler Plate) Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 20. RENEWAL: The City renew the contract, at the same terms, conditions, and prices, for 4 consecutive term(s) of 12 month periods, not to exceed a total duration of 60 months, subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 21. ANTI - COLLUSION: a) Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. b) No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list (s). Bid No. 2013 -18 4 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) 22. CONFLICT OF INTEREST: a) Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or b) The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of it's branches. 23. NON - DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. Bid No. 2013 -18 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) CITY OF DELRAY BEACH WTP WET LIME SLUDGE HAULING CITY OF DELRAY BEACH BID #2013 -18 GENERAL NOTES and SPECIAL PROVISIONS GENERAL NOTES A. PURPOSE: The purpose and intent of this "Invitation to Bid" is to seek a firm price for the furnishing of equipment, materials, and labor for loading of wet lime sludge (slurry) from the lime sludge reactor unit to tanker trucks and hauling of such material to approved disposal site(s). All work shall comply with current State, Local and Florida Building Codes at the most economical price. Service and Workmanship are of primary concern. Bidders with low standards for either service or workmanship will be judged to be non - responsible and their bids non - responsive. No bid will be accepted if it offers lower standards of service and/or workmanship than is described herein. B. NOTICE OF AWARD: It is and shall be understood and agreed that a contract shall be deemed to be awarded and validly entered into between the successful bidder and the City when written notice has been given the award by the City through its authorized office, and a purchase order shall be issued to the bidder covering the same. C. COMPETENCY OF BIDDERS: Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in the Bid Invitation and who can produce evidence that they have established satisfactory record of performance for a reasonable period of time; have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The term "equipment" and "organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City of Delray Beach, Florida. D. VENDOR SERVICE REPRESENTATIVE: The Bidder shall submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for information and for the coordination of service. A contact for both regular work -hours and after - hours, weekends, and holidays must be identified. E. TIME FOR COMPLETION: It is hereby understood and mutually agreed by and between parties hereto the time of completion is an essential condition of this Contract. The goods and /services for the project must be initiated and in progress within Thirty 30 days after issuance of a Purchase Order. The Contractor agrees to being with an adequate force to have the work completed in the time period indicated. F. SAFETY AND CARE OF WORK: The Contractor shall exercise safe work practices and maintain a safe work area at all times, and shall be responsible for all damages to persons or property resulting from unsafe acts, negligence, poor workmanship, or failure to maintain a clean work -site in connection with his work under this Contract. The Contractor shall be responsible for the care and protection of all work performed until completion and acceptance. G. PERMITS: The Contractor shall be required to secure all applicable permits required to complete this contractual service. There shall be no charge to the Contractor for permits. H. CITY OCCUPATION LICENSE: If the successful Bidder is not licensed to perform work in the City of Delray Beach, the successful Bidder shall obtain an Occupational License before a Notice To Proceed will be issued. Upon notification of Tentative Award, the successful Bidder has fifteen (15) days within which to submit all documentation (insurance, Occupational License, etc.). I. INSPECTIONS: An authorized representative of the City of Delray Beach shall have the right to inspect work while in progress and at the completion thereof. After inspection, Contractor will correct any unacceptable work at no expense to the City, Bid No. 2093 -18 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) J. PAYMENT: Payments will be made on a monthly basis. Vendor to submit trip /load tickets: providing information on pick up times, dates, load weights in 1 out and net, the disposal facility, load number, driver name, and tractor /trailer number. K. INFORMATION: Any questions in regards to the Detailed Specifications of this bid shall be addressed in writing to the Public Utilities Division, c/o Victor Majtenyi, Environmental Services Complex, 434 South Swinton Avenue, Delray Beach, Florida, 33444. Any questions in regards to the submission of your bid should be addressed to Patsy Nadal, Purchasing Manager, at (561) 243 -7163. L. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from date of being placed on the convicted vendor list. SPECIAL PROVISIONS A: SPECIFICATIONS: See pages 22 thru 24. Bid No. 2013 -18 7 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this , I day of �' �� � �= 20 _�g by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Prolime Corporation (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT (S) PAGE NUMBERS Invitation to Bid 1 -6 General Notes and Special Provisions 6 -7 Bid No. 2013 -18 8 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) CONTRACT DOCUMENTS (cont'd) Standard Form of Agreement Corporate Acknowledgment Certificate Indemnity /Hold Harmless Agreement Cone of Silence Insurance Requirements Sample Insurance Form Drug Free Work Place Certification Special Provisions Bid Form (Proposal) Signed by Bidder Statement of No Bid (if applicable) PAGE NUMBERS 8 -12 13 14 15 16 17 18 -20 21 22 -24 25 -27 28 Addenda numbers 0 to 0, inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. CONTRACT term shall be for a 12 month period, with option of four (4) twelve (12) month renewal periods, not to exceed total contract duration of sixty (60) months. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: Prolime Corporation 58610 Van Dyke__ Washington, MI 48094 586-781-7070,(586-781-7078 fax) Bid No. 2013 -18 9 Water Treatment Plant Wet Lime Sludge Hauling (FY 1213) 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by -laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that Bid No. 2013-18 10 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. Bid No. 2013 -18 1 j Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: �'-% CIT' � By: City Clerk Approved as to form: City Attorney WITNESS: ri 001111 TOM f THE I 6ARO L A .14URa K 806/ E6s MGR. (Print or type name and title) CONTRA BY: Roeoer V. Rcu E� GAO /PR96JOENT (Print or type name and title) (SEAL) Bid No. 2013 -18 12 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) CORPORATE ACKNOWLEDGMENT STATE OF M 1Q41bAl�l COUNTY OF N 460ME The foregoing instrument was acknowledged before me this 24 JT4 day of N DV6 M gal, , 2012-, by 9UeC1lZT V. Ro&ORS , A2r=S (name of officer or agent, title of officer or agent), of fi�DLIMOR wRPbP- AT IU,.1 M2 (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me (or has produced identification) and has used his/her (type of identification) as identification. Signature of Person Taking Acknowledgment EILEEN C. GOSS Notary Public, State of Michigan County of Macomb My Commission Expires 11 -25 -2014 Name o cknow e g r , Printed or Stamped Bid No. 2013 -18 13 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) CERTIFICATE (if Corporation) STATE OF FLORIDA ) } SS COUNTY OF } HEREBY CERTIFY that a meeting of the Board of Directors of PROLI M ti--- CDRPnRATi nt l , a corporation under the laws of the State of �o M IGf}I 6Atil held on `iANUAR.%(' Co , ICt2.0_, the following resolution was duly passed and adopted: "RESOLVED ", thatDT V.65 as -I��Y a� D President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20 , between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation ". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this 2gr�day of �4W M OIZ. (Secretary) V. R0C IZS (Seal) Bid No. 2013-18 14 Water Treatment Plant Wet Lime sludge Hauling (FY 12 -13) INOEMNITYIHOLD HARMLESS AGREEMENT Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there -from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. Contractor's NameatuME 49R. nDtt Signature _R06EP,T v. Res Bid No. 2013 -18 15 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) CONE OF SILENCE Bidders are advised that a bidder or anyone representing the bidder cannot communicate with any City Commissioner, or any City employee, other than the City employees located in the Purchasing Department, regarding this bid, i.e., a "Cone of Silence ". The "Cone of Silence" is in effect from the date /time that the bid is placed on "Demandstar" by the City. The "Cone of Silence" will terminate upon the bid opening. However, bidders may communicate with City employees who are present at the mandatory pre -bid meeting during the actual pre -bid meeting. Once the pre -bid meeting is over, bidders may only communicate with employees of the Purchasing Division. Contractor's NameflZOD W— CORPMAT- of 1 Signature' GE'O�f�Z�Si DENT Bid No. 2013 -18 16 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) INSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of $100,000 each accident. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operations. c) Independent Contractors. d) Products and /or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. Business Auto Polic - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non -Owned Vehicles. d) Employer Non - Ownership. 4. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this bid and section and the above Paragraphs in accordance with which such insurance is being furnished and shall state that such insurance is required by such paragraphs of this contract. The successful bidder will include the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate ". Bid No. 2013 -18 7 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) Attachment I, 1 of 3 ACORD, CERTIFICATE OF LIA131LIT'Y INSURANCE -- 0RvMDff" pRQQUC9R Goad insurance, Inc. P.O. Box A -1 Best City, USA 00000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_ INSURERS AFFORDING COVERAGE NAICf- {IA.'IjNFR Willing 4,IDricers Assoc. ABC Drive Anytown, USA 60001 wsUNEN AI - POrJaI'rrNECT(yE RrsuftV8; Id>trYG wsDNERC; NstRENO: klSUFdRE- (,rWr- AA %G.4` THEF OUCIESDFINSifUWCE LISTED BELOW HAVE BEENF5 UEDTOTHPJ NSURFONAJME0ABCv LFQRT19EPOLICYFFM0 0 INDICATED. NOTWIT #STANVKG ANY RE,�UFREMBNT, TERM OR COND€TION OF ANY rONTFncr t1R OTHER OOCLwLNT WITH RES WT TO n711cH MIS CERT €FICAT'E MAY gC ISSUFn CSR MAY PERTAIN, THE IN Sl RANCE AFFORnF0 BY THE NLIC1ES DESCRFBED HEREIN IS SUAJECF TO ALLTI1E TERMS, F.XmVs1ONs AND wr rN 70N9 of SHOH FliXJUIM nGGREGATE OIATS SHOWN MAY HAVE BEEN RED€ICEn BYPNF?CLAIMS. GC6R k DELRAY BEACH, FL 33444 >r Di3a'l NUFiEER POrJaI'rrNECT(yE R— MEYLUMA -5 R Id>trYG AITTBGRI2E0 REPRESENTATPM GrAERAt WfflWrY Ewer+ocalRA�NCr: s 5 , 000 • C% JVI+LRCIUut;NewN .mRnY _ ULPC17 7 604 01/01/10 01 / 01 / 11 RJUr.i3xtAbG r7OCC.R S PERFiSNALA ALV3Nd[IRY S GETIERALAGGRECATE~ $1 , 0 GEr LA(3Cy7Er.ATF, ULUT APPUEB PE N: P14nalicys- C01A"AiaG 3 F'OIJCY M PFL0. LOC AVTaiiaRILEUAAL" 'tO.ia DSffK --Z I1WT s • A.NYANTU ALP077606 01/01/10 01/01/11 ,306;t30D HOHkY1N1JRY � ; ALL0IYNFAAHTgS SCIV"LEOAHTO, rpniapn) (7FiriILY1NJ['RY 3 NSx1- 5JYr7JCCABTPS (I'ara:citlanr] PriOFCHYYOAlAACE 3 � (F'ernmdMj OARiR6E LIABRITY -. AvT0Q1LY- P.�ACCiDENT 3 .6T1ERnM EAA= s ANYAUTO i AUfOONU', AGO EXC6RSIJVRLELLlA�UANKrnY °' ' EAL�?pC0.RFnENCE S DR QL'"s MADC OCG L....] A6pHFpATC S S UMMITLE S AFT£urrjy 3 WORK= CORFENsAnow AND yyyyO STATU- OIH- 3QflYL -� i rWPL0Y'FASUA8KM WLP077606 03/01/10 03/01/11 E.LFACNAawyar T 100 000 iwY METORMATr: ECVUVC DPrI'.EYVLtE1�/6¢R EJ(CLUHER? E,L.616LASE. EA EMi'I.OYfP= 1 100,000 R�C�IAL PoTOVIBiCl�tw�Irp' E.L.OLrF7.5E- FOJIGYt3Mrr 3 0 DINER r> EKCfiPiIONaPGPERATIOHSILaGA 'i1CN67M�H€CLEBf CXCLLSION$ AOAEO BY CilogN6[:YEHTFOPGC7AI.YRGN910Hd THIS INSURANCE APPLICABLE TO (state project) YLCITY• OF DELRAY BEACH TS AD,01TIONAL INSURED see attached endorsement. CERTIFICATE MOI MFR 1 s'"n" AGOR€J 25120U1105) Q ACORD CORPORA -noN iiS0 Bid No. 2043 -18 18 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) s DOLG MYOVTNEARQYYEDESCRIDCD Pduem uC CANCEitib KrOR;111LEMPIRAr[m CITY DELRAY A CITY O DELRAY BEACH, OATS TNES E4F, THE i a*o wskMER Yom FJTDGA'•r4R Ta i JL 30 DAYS WRIrTER 100 ,NW 1st AVENUE NOT1WT0TNE CER.TINCAT6 HOLDER K"ED TO tRS LEFT- grrTFOMURE TO Jm SO CT,.. i. DELRAY BEACH, FL 33444 ILWLIEE NO OBRMATION OR LIAIIlLffT nrAxy wNu wow iNr, Rml cit. rro AOENTs afj RE€'RE3�kTATivFS. AITTBGRI2E0 REPRESENTATPM AGOR€J 25120U1105) Q ACORD CORPORA -noN iiS0 Bid No. 2043 -18 18 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) IMPORTANT If the mtkoate adder fs as ADf3fi ONAf_ INS VRED, the policy(ies! must be endorsed. A statement on M ce finite does riot confer rishfs to the ceff ate holder in Fieu of =such endorsemon4s). If SUBROGATION IS WAIVED. subject to ftfe terms and aoriMans of the policy, certain polWes may regralre an endomerment A staternent on this Certificate dads nct confer rights to the cerfificata Molder in ilea of $L;Gh andomernent( &). UISGII..AtMER Tito Oertiftate of irtstuance on the revame side of IhN farm does not constiMe a contract betwaen the Issuing Insurer(s), authorized repr+esentattve or producer, and the cerdfcate hatdwr nor does it gtfirmmlively or napVvely amend, eAuxf or alter tfte cavwago aft -ded by the policies f€sted thereon. Bid No. 2013 -18 19 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) POLICY NUMBER: COMMERCIAL GENERAL LIA131LITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: .COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Section 11 -- Who Is An insured is amended to In- clude as an additional insured the person(s) or organi- zadon(s) shown in the Schedule, but only with respect to liability for "bodily injuryr', "property damage" or "personal and advertising Injury" caused, in whole or In part, by your acts or omisslons or the acis or ornls- slons of those acting on your behalf A. In the performance of your ongoirig operations; or 13. In conheatlon with your premises owned by or renal to you. Bid No. 2013 -18 20 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) DRUG FREE WORKPLACE CERTIFICATION WATER TREATMENT PLANT WET LIME SLUDGE HAULING Bid Noe 2013 -15 If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287,087, Florida Statutes. The drug -free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug - free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying; employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations_ 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. S) This firm will continue to make a good faith effort to maintain a drug -free workplace through implementation of this section. ` Contractor's Name PROLAI\4k 6DP_POMIL)+) Signature ZJJ _ Bid No. 2013 -18 21 water Treatment Plant Wet Lime Sludge Hauling SPECIAL PROVISIONS WATER TREATMENT PLANT WET LIME SLUDGE HAULING CITY OF DELRAY BEACH BID #2013 -18 MINIMUM TECHNICAL SPECIFICATIONS 0.01 SCOPE OF WORK Quotes are solicited by the City of Delray Beach for the purpose of establishing a qualified vendor to provide transportation of liquid lime slurry on a daily basis; estimated at one 26 ton tanker load per day. Transportation shall be from the City of Delray Beach Water Treatment Plant, located at 200 SW 7th Street, to an approved disposal site provided by the vendor in accordance with all applicable regulations or statutes. The vendor shall employ appropriate commercial licensed drivers and possess all equipment required for performance of this contract which shall include a sufficient number of large capacity leak proof tanker trailers to transport the liquid lime slurry. The tanker trailers shall include a decant - connection with a 4" male valve cam -lock fitting (for dewatering process). Hauling is presently being performed every day, six days a week. The lime slurry shall be pumped into the vendor's trailer by City's personnel, available on a 24- hour basis, 5 days a week. The vendor shall be capable of providing tractor and trailer units with drivers to haul loaded trailers from the Water Treatment Plant on a scheduled daily basis. 0.02 WORKING HOURS All work related to pumping trailers with lime slurry shall be performed during regular working hours, 7:30 a.m. to 3:30 p.m., Monday through Friday. Vendor shall provide a 24 hour contact number for the City to be able to communicate with the vendor 24 hours per day, 7 days per week. 0.03 SITE INSPECTION Bidders shall examine the loading site and fully acquaint themselves with all existing conditions for the work to be done. The vendor shall determine, by site investigation, any necessary work not specifically called for, but necessary to satisfactorily perform the services. Signature on Quotation Form will attest that the above investigation has been completed. 0.04 ESTIMATEO QUANTITY The City is estimating that 7,000 tons (annually) of wet lime slurry is currently being removed from the reactor basin at the Water Treatment Plant. This quantity is an estimate, no warranty is given or implied that this is the exact quantity that will be removed. Vendor shall be paid for actual amount removed. 0.05 EQUIPMENT All equipment used for this contract shall be in good working order and free of any fluid leaks. The vendor shall own or be sole lessee of the equipment. Vendor is required to provide trucks and for tractor - trailers with a minimum capacity of 26 liquid tons; a listing of all sludge hauling trucks, tankers, with make /model, tanker capacity, tag numbers, tanker empty weight (an official weights and measures document verifying the capacity of the vehicles) to be used by the vendor for this contract. Bid No. 2013 -18 22 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) 0.06 VENDOR'S RESPONSIBILITY Services shall be performed at dates and times designated by the City and in such a manner as not to disrupt ongoing operations. Vendor shall be held responsible for any interruption of normal plant operations due to the sole negligent or wrongful intentional acts of the vendor. 2. Hauling receipts shall be left with the City personnel on the day the sludge is removed. Receipts are to include date, time, tractor number, and disposal site, volume per tonnage, vendor's signature, and City personnel signature. The City shall inspect all incoming and out -going trailers. 3. Incoming trailers shall be clean and free of residual materials from previous hauling. If a trailer contains materials such that the effective capacity will be reduced, the vendor shall remove and clean the trailer at his own expense prior to returning the trailer to the City's site for filling. 4. The vendor shall select the authorized dumping site(s) and be responsible for payment of any and all dumping charges and shall maintain enough disposal sites as to not affect the sludge - hauling schedule. The vendor shall provide the City with proof of proper dumping by submittal of dated dumping certificates. 5. The vendor shall be responsible for the cleanup and removal of any spilled material during the removal and disposal operation. Any spillage, accidental or otherwise, which occurs at or off the facility site, shall be the responsibility of the vendor to completely remove and sanitize, and report to the proper agencies and the City in a timely manner. 6. In the event of any emergency (unscheduled services), the City will inform the vendor of the circumstances necessitating immediate corrective action and afford the vendor every reasonable opportunity to assemble the necessary forces and equipment to resolve the emergency. However, should circumstances prevent the immediate prosecution or the emergency work, the City may use other vendors. 7. Vendor will be required to perform under this contract. No assignment or subcontracting of the contract will be allowed without written approval from the City of Delray Beach, 8. Vendor must comply with Code of Federal Regulations (CFR) Title 49, Part 171 for hazardous material transportation. Vendor must have a plan in place to address the protection of the customer's property and the motor carrier's vehicles used in the transportation of hazardous materials, addressing the measures to be used to minimize /mitigate risks of theft and/or tampering of loads in their custody and control, to include but not be limited to protocols and procedures relating to the safe handling of material, loading, load tracking system, communication between drivers /dispatchers, and load delivery. In addition, vendor must provide documentation that they use drivers that possess the appropriate DOT CDL Class (or higher), are screened, and fully qualified under the requirements of CFR 49, Part 391 for the transport of hazardous material. 0.07 PERMITS, LICENSES, AND REGULATIONS All permits and licenses necessary for the performance of the services shall be secured and paid for by the vendor. The vendor shall possess appropriate credentials for the services proposed herein. Bid No_ 2013 -18 23 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) Icy &Yo];FAT EIRT91 BASIS OF AWARD Award will be made to the most responsive, responsible bidder having the lowest total offer for the specified transportation services. Whenever two or more quotes which are equal with respect to price, quality and service, are received, a quote received from a local business shall be given preference in award. Local business is defined as a business legally authorized to engage in the sale of the goods and/or services to be procured, and which certifies within its bid that for at least six (6) months prior to the announcement of the solicitation of bids it has maintained a physical place of business in Palm Beach, Broward, Dade, or Martin County's with at least one full -time employee at that location. VENDOR'S QUALIFICATIONS Reliability of the vendor's past service will be evaluated to determine acceptance of the lowest priced responsible bidder. Vendor shall have sufficient financial support, equipment, ability, and organization to ensure that they can satisfactorily execute the services under the terms and conditions stated herein. To substantiate experience, vendor shall have operated a full -time verifiable work for liquid slurry hauling services as specified herein within the past three years. Three commercial references for which you are and have performed similar services are to be provided. Vendor must have sufficient, maintained equipment to perform the work specified. Bidder shall attach a listing of all major equipment will be available for this contract. Listing shall include manufacturer, year, model, type, tanker capacity, tag numbers, tanker empty weight (an official weights and measures document verifying the capacity of the vehicles). The City of Delray Beach will determine whether the evidence is determined to indicate the ability of the vendor to perform. ALTERNATE PROPOSALS The City of Delray Beach reserves the right to consider any alternate proposal submitted that may include hauling and disposal of the lime slurry. The City further reserves the right to accept any proposal that it deems to be in the City's best interest. Bid No, 2013 -18 24 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) BID FORM WATER TREATMENT PLANT WET LIME SLUDGE HAULING CITY OF DELRAY BEACH BID #2013 -18 DATE DUE: November 7, 2012 n 71:00 AM To' City of Delray Beach Purchasing Department 100 NVV 15r Avenue Delray Beach, Florida 33444 Attention: Patsy Nadal, Purchasing Manager We, the undersigned, hereby declare that we have carefully reviewed the bid documents, and with full knowledge and understanding of the aforementioned herewith submit this quote, meeting each and every specification, term, and condition contained in the Request for Quotes. We understand that the quote specifications, terms, and conditions in their entirety shall be made a part of any agreement or contract between the City of Delray Beach and the successful bidder. [=allure to comply shall result in contract default, whereupon, the defaulting vendor shall be required to pay for any and all re- procurement costs, damages, and attorney fees as incurred by the City_ The VENDOR proposes to provide ali labor, transportation, equipment, and any other requirements for the proper transportation of lime slurry from the Water Treatment Plant as specified herein at the following cost: /y%, / liquid tort Alternate Proposal attached? iJO The City of Delray Beach reserves the right to accept or reject any and 9 or all quotes, to waive irregularities and technicalities, and to request resubmission. Also, the City reserves the right to accept all or any part of the Quote. Number of calendar days required for delivery of product after notification of award, verbal or written, shall not exceed 77 days. COMP l►ai1llll 0 (Print h DATE: COMPANY ADDRESS Acknowledge Addendum No. SWO VAQ Bid No_ 2013 -1$ water Treatment Plant Wet Lime Sludge Haufing Dated: 101311 Zal2 25 BID FORM- CONTINUED QUESTIONNAIRE - REQUIRED WATER TREATMENT PLANT WET LIFE SLUDGE HAULING CITY OF DELRAY BEACH BID #2013 -18 This questionnaire must be fully completed and returned. Failure to do so may result in disqualification of your bid. Evaluation of this questionnaire will be a prime factor in the award process. 1. Company name under which you do business:, r l2DL,. PAE Oi?(Z, QPAT-1 Ola Physical address: 53tpl D VU ID'�K6- W S41661Dt` M I 46aq4 24 -hour contact name: S Phone #: 10-5'(&O- 90"7 L't<c_,j �, G• °`i ll-7D70 EC 2. Business license # - UP��8' ; Expiration: 7A S1-ATG: aV`Fi..0P_Ut ,A T�1000 5 -774 3. 1s your company licensed by the Florida Department of Environmental Protection ?.AIA If yes, license 4 List any license, permits you hold for performing this type work: _fs�ZFK ,� 4. Is the disposal site permitted? ja If yes, permit t��-RLJIL-IVI Weather Site? Disposal site Owner's name: C NTVJV;r 9G Phone #: qGA-- *1-72Dp Address / location of disposal site: D�- X3023 5. Bidding as an individual:_; a partnership: —;a corporation: f ; a joint venture: 6. How long have you been in business offering lime slurry hauling services? 22-4 years i. Number of employees presently on your payroll? � Subcontracted employees? Al& 8. Name of person supervising this contract ano their experience? QopE:e T V. , c- e5 9. Listing number and types of equipment to be used for this contract: TR�G P_c-, AN- TANKTPAILDeL AW Atm Aug. Svppog-, 10. List' and number and type of equipment you propose to rent/lease for this contract: �ni_IMC-_ 6\kf�3 <-, Alm_ 1�-=:00LPM 11. Have you ever failed to complete Work? ND If yes, provide location and explanation: _ Bid Tao. 2013 -18 Water Treatment Plant Wet Lime Sludge HauSing 26 DID FORM- CONTINUED REFERENCES - REQUIRED WATER TREATMENT PLANT WET LIFE SLUDGE HAULING CITY OF DELRAY BEACH BID #2013 -18 List three commercial references for similar services your firm has performed within the past three years: 1. Company Name: IOA PbW L.16RT W aT COUt�1T'r Y C. Address. 20505 _—_,`tATl� Contact Name/ Title: T_ ViD AV'V'E I Phone #: L T' c_._ r �Ij 61 MT 2 � Project Identification /Description: aLgg ce,E2nADN/4t_ p N�F�cc�►, �EC�S�, r Dates Performed; M AV 2-009 - G 2- Q 0 2. Company Name, G rTY or �JAPL-✓6 address: -735 8 -r44 r REE T t 1 N Contact Name/ Title: Phone #: C2 0213 iF 2- W T�-12. F2oca +xi � i S� 2 Project Identification /Description: +�AuL_ N G /t7iS L- WAIjE-=e i_t NA C_�- SL LX, Dates Performed: DN, Gdl n1C- 3. Company Name: G ITY MAQ60 ISLAM.) Address: E�IAL-P 17 iVa MARCO 15LAfJa n_ a4145 Contact Name / Title:JAGX Phone #: (21�t) �2,� QL; Project Identification /Description: QE61 Du.h t_.... t-A M E Qgi~✓ QqA L A N C� RE O.;e t^'RowN ul'' ( Dates Performed: OK -C,0i NCB VENDOR. .P90LL M6 60WDa rfD . Bid No. 2013 -18 27 Water Treatment Plant Wet Lime sludge Hauling CITY OF DELRAY STATEMENT OF NO BID Bid # 2013 -18 WATER TREATMENT PLANT WET LIME SLUDGE HAULING If you are not bidding on this service /commodity, please complete and return this form to: City of Delray Beach Purchasing Department, 100 NW 1 st Avenue, Delray Beach, Florida 33444. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Delray Beach. If you are not bidding on this service /commodity, please complete and return this form to: City of Delray Beach Purchasing Department, 100 NW 1st Avenue, Delray Beach, Florida 33444. * *Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Delray Beach. VENDOR NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: Minority Owned Business: ❑ Black ❑ Hispanic ❑ Woman ❑ Other We, the undersigned have declined to bid on Bid No. 2013 -18 due to the following reason(s): Please Check below: ❑ Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) ❑ Insufficient time to respond to the Invitation to Bid ❑ We do not offer this product or an equivalent ❑ Our product schedule would not permit us to perform ❑ Unable to meet specifications ❑ Unable to meet bond requirements ❑ Specifications unclear (explain below) ❑ Other (specify below) Remarks /Other: SIGNATURE: Bid No. 2013 -18 Water Treatment Plant Wet Lime Sludge Hauling (FY 12 -13) DATE: 28 '4� �h® CERTIFICATE OF LIABILITY INSURANCE ii; ;2o° 2 "' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policylies) must be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Griffin, Smalley and Wilkerson, Inc. 37000 Grand River Avenue PO $OX 2999 Farmington Hills MI 48333 -2999 CONTACT Angela cZ e5 NAME: y PHONE (248) 471 -0970 P4fC Nn: (248)471 -0541 E-1i ADDRESS: y es @ ama gswins - cam INSURER S) AFFORDING COVERAGE NAIC9 INSURER A: Travelers LIMITS INSURED ProLime Services LLC 58610 Van Dyke Washington MI 48094 INSURER H : INSURER C: INSURER P: INSURER E: $ 1,000,000 INSURER F : X COMMERCIAL GENERAL LIA51LITY COVERAGES CERTIFICATE NUMBER:2012 -2013 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE Ti EXCLUSIONS AND CCNDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ]NSR LTR TYPE OF INSURANCE POLICY NUMBER MI0r41DLIDY EFF MI�P EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIA51LITY DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 A CLAIMS -MADE I—XI OCCUR DTC0401BM941 /21/2012 /2112013 MED EKP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - CCMPIOP AGG $ 2,000,000 POLICY X PRO- LOC $ AUTOMOBILE LIABILITY CDMMNED SINGLE UMrr Eaaccidern 1,000,000 BODILY INJURY (Per person) $ A ANY AUTO ALL OVbNED SCHEDULED AUTOS AUTOS DT810338GIB72 /21/2012 /21/2013 BODILY INJURY (Per accidents $ PROPERTY DAMAGE Per accident $ NON - OWNED HIRED AUTOS AUTOS Uninsured rmtorist combined $ 1 000 000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 /y EXCESS LIAB CLAIMS -MADE DIED I X RETENTIONS 10,00 $ UP40IM4941 /21/2012 /21/2013 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORlPARTNEFUFXEGUTIVE X WC STATU- CTH- T I G ER EL EACH ACCIDENT S 500 000 OFFICEWMEMBER EXCLUDED? ❑ (Mandatory in NH) N I A TAUB4018M94 /21/2012 /21/2013 E L DISEASE - EA EMPLOY $ soi 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 3_000,000 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (Attach ACORD 1 ❑1, Additional Remarks Schedule, if more space is required) RE: ITH No.: 2013 -18 Water Treatment Plant "Wet Lime Sludge Hauling" City of Delray Beach is Additional Insured on the General Liability policy with respect to liability arising out of the ongoing operations performed by the Named Insured on the named Project, as required by written contract. CERTIFICATE HOLDER CANCELLATION City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATNE Provo /AMAY ACORD 25 (2070105) 01988 -2010 ACORD CORPORATION. All rights reserved. INS026 (201005),01 The ACORD name and logo are registered marks of ACORD Additional Named Insureds Other Named Insureds Pine view Mining & Development LLC #38- 3538911 Limited liability company ProLime Corporation #38- 2909859 Corporation I OFAPPINF (0212007) COPYRIGHT 2007, AMS SERVICES INC Policy Number: DTC04018M941 coMMERCtALGE dERAL LIAM1.1W THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ rr CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This andoraament modifies klcttrence pratrided under Ilse follt>*nd COMMERCIAL GENERAL LIABILFY COVERAGE PART t. Z. WHO is AN INSURED - {Sadim IQ is amended to Include Any parson or organization that you ogrea In a 'written coalracl tbgWrirlg Insurance' to Include as an additionw instood on thld Cover- age Parl, but �j O.* wli)s'respect to kZNafy br'h-x2Y klrw. "properly dxnage or'perumal Injury , and bI If, and only to Ow eadent that, the ttjury or damage Is caused by acts yr t rr issions of you Or Y43ur&7cortrartr5r In the prxfarmw= of "your wodr' to which the "written contract raquidM Insurance" applies. The person or arganit6cn dose not gnaldv ae as adaifianal Insured %4th iA5pad to the Independent acts ar omlwi= or sudr person or organbtafta, The insumnag pmvided to the aftrtional IttsurW by this endorsement Is limited as toltows: s) In the event Mal the LBrtits or Insrrartc:r} of this Coverage Part thOv n In the Declsretiona exceed the limits of gaN Ry required by the "wrtttan contract requiring insurance, the hr surarj a prorlded to the addRlonal Intatrud shall he limrfad to the amps or linU fty re. silted by tirrd'Wtien carrtlrrrd rogLddrtg ln- mance". This endorsetnent altos not in- cgVasa Ilse limos ff( Irmumam described in soma III - Limits Of k&nnoe. b) The irauratrce provided 0 the additional in. sired does not apply to "bodily GtJury`, "prop• nrty damage' or "personul injury' arising out of the rendering of, err fallura to render, any prniassianei ardtitectural, englrme8rtg or sur, vayiag sstvlces" Including; L The preparing, approving, or faohtg to w=re or approve, maps, shop draw - Ings, 4pinlons, reports, suryuim. field nM1 dens or cbange orders, or the prrparing, approving, or felling Io prepu,a or ap- prove, drawings act, aped5cetiansc arld fl. gupeMsory, iruperlien, architariural cr angirtsettng Acllveti es, C) The insurance provided Lo the addld mC in. aunad does not apply to 'hadtly Injury' or 'property damage" oausnd by 'yotwr wade" AM deluded in the 'prodWAS-coenptefed op- $ra om hazard' unless the %vfhsn =itma rwp tg insurance'. spadflcalhr requires you to provide SUCK aovaraga for I W addNooal insured, recd their tha inwirance provided to ttm additional Insured applies only to such "bait injur or "property damage" %M oc- curs before [Eta and a the period of time For wttlrh the %witten contract requiring Incur - anca' roqulres you to provids such wvamge or the std or the policy period, whirtrever is earlec L The Insurance provided to the adldiGa W Irmovd by this endorsement Is entcesa aver ant valid and eopectible 'other insurance ", wheftr primary, excess, contingent err on any other bests, that is avallebty to the additional Insured for a loss we [over under this end —r-nt- However, V the % ttton contract raquldng Insurance` sp'acitlaally lequhes that this Insurance apply on a primary basis or a prinnary and nnrHxw*tbntory basis, lhria ktarremm la primary to `i lhcr Insurance" avallaWs, to the additional insured which covers ttt=t parson or arganizat)on as a named marred for Vich loss, soil we will not share Yd1h that 'other Insurance', But the htsurance provided to M add UMI- insured by this andammant atilt is excess over MY Valid rind collect able 'ether in- surance', whatharTrtmary, excess, coWngent or am art;+ rdltar t^Sla; 1h9t Is s .RIA0e -_:the addr.. tioral insured whn t=ot person or organization Is an addoonal insured under strut 'Sothet insur- anrP'. 4. As a cnrdium of roveEw provided io the additional: Insured by this endorsertnerk ■I Tire addffilanal kmxmd must give us wdttGn WNW as soon act praoifasbie or an 'accar. tente err an iitt@DW Which may result In a dalm. To the extent possitte, such notice shouldlndudm CC DI 44i 111109 0 2005 The tit, Paul Travelers Companies, Ina PACO 1 of 2 Policy Number: ©TC04918M941 COMMERCIAL GENERAL LIA ITY L How, when and where the 'o=mnnoe' or of arkse took place: 1 The maws arW adds ws of any irOad persons and witnesses; and IN. The nature and location of any injury or dantage arising out of the "=A mice" or offense. h) If a claim is made or "sue" is brought against the additional iMVrod. the addtganai IASUMI must: L lmmediataly record the spoc38rs of the claim cr Isuii" and the date received; and rL Naft us as soap es prenticable, The additional lasurad must see to It that we raceivr yvribi n nature -of the elnim or',stllr' On sonrl a;�'pradieabie, G) The Additional Inswed twist Immediately raw us Copies of all legal papers received is cormection With the dWm or "Sant', wooesate wish as in the inveftation or settlement of the claim or dafanse against ttta "suit°. and otherwim comply with aI policy conditions. d4 The additional Irrcured must tender the de- fense and Indemn4 of"d■tm or'auiC to airy provider of "other insurance' which would cover the additional Irwiffid for a bas we cover Under this endorsement. However. this oondilion does not effect whatnar rho lasur- ance provided to the, adirWonef iusumd by this endorsement Ig primary to `other insur- ance avallabla to the additional Inuffed whkb covers that person or onpanizakbn as a named irmured as described in paragraph 3, above. S. The following deft Won is added to SECTION V. — DEFINITIONS: 1f+httian contract requiring Insurance" smarts Mat part of Wry written Contract or sgraarnern under which you are required to income a parson or organlzaliran as an addfitosal in- sured an tuts coverage Part. provided that the lbodly ]natty" and "property damapa" ac, cuts and the "peraanal injury" is causiA by all Offense cOn ni ltod: a. After tho slpnkiii end Execution of the cantma or agneemefit by you; k Whila 81at part of the cantrad or a grewmant to in etfud; and C. Refam the end of the Pokey period, Page 2 of 2 0 ZOQS The SL Paul Travalem Cornpanlar, Irtc, Cr. 02 dd OR 05 Sara MEMORANDUM TO: Mayor and City Commissioners FROM: John Bullard, Water Treatment Plant Manager Victor Majtenyi, Interim Environmental Service Director THROUGH: Louie Chapman, Jr., City Manager DATE: October 23, 2013 SUBJECT: AGENDA ITEM 8.Y.2 - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 PURCHASE AWARD/ TANNER INDUSTRIES ITEM BEFORE COMMISSION The item before Commission is to approve a purchase award with Tanner Industries for the purchase and delivery of Anhydrous Ammonia for use at the Water Treatment Plant through an active contract with the City of Stuart, Florida. The estimated annual cost for Fiscal Year 2014 is $59,000. BACKGROUND Anhydrous "without water" Ammonia is used in the City's water treatment to control disinfectant by- products. The contract is on an annual basis to coincide with funding availability from the division's operating budget. On September 24, 2012, the City of Stuart, Florida awarded a contract to Tanner Industries for the purchase and delivery of ammonia (FL bid number 2012 -278) at a unit price of $0.77 per pound. The City of Stuart has extended the contract period with Tanner Industries through Fiscal Year 2014. Tanner Industries has agreed to extend the City of Stuart, Florida contract terms to the City of Delray Beach. Pricing includes two (2) hours of unloading time and is valid through September 30, 2014. Staff estimates the annual cost of ammonia at $59,000 (76,623 pounds). Tanner Industries has consistently provided the City of Delray Beach with quality service, product, and safety throughout the years that the City has been feeding ammonia. FUNDING SOURCE Funding is available from441- 5122.536.52.21 (Operating Supplies/ Chemicals). RECOMMENDATION Staff recommends award to Tanner Industries for the purchase and delivery of ammonia for use at the Water Treatment Plant utilizing an active City of Stuart, Florida contract. cn c� �c�RTAI OE � Lenora Darden. CPPB Procurement Bltver Idarden@ci.stuart.fl.tis July 23, 2013 Tanner Industries, Inc. Aftn. Frank Madden, Sales Supervisor 735 Davisville Road Southampton, PA 18966 City of Stuart 300 Stir` St: Lucie A-enue @ Stuart • i:larida 34994 Delmrtnient offinamiul Seri ices Purchasing Division Via Email Transmission: sales: —ttannerind.com Subject: Renewal for ITB #2012 -278, Chemicals at Water Treatment/Wastewater Treatment Plants Dear Mr. Madden, Telephone (772) 288 -5308 Fax_ (772) 600 -1202 WL'n'V.CII](Lf5tUart us This is official notification to your firm that the City of Stuart is satisfied with your firm's performance and wishes to extend your current contract for Ammonia, for the period beginning September 24, 2013 and ending on September 23, 2014, which represents the first of two (one year) renewal options. This extension is granted under the same terms, conditions, and pricing as the original contract. In addition, we need a current copy of Certification of Liability, Property Damage, and Automobile Liability, and Worker's Compensation as outlined in the ITB. Please complete the bottom portion of this letter if your firm will agree to the requested renewal. Your response must be received no later than 4:00 p.m., August 26, 2013. You may fax your response to (772) 600 -0134 or send by email to Jdarden@,ci.stuart.fl.us. Thank you for your cooperation and immediate attention to this matter. Please contact me at (772) 288 -5308, if you should have any questions. Best Regards, mzv_�� Lenora Darden, CPPB Procurement Buyer cc: Dave Peters, Asst Public Works Director Jim Parks, WTP -Team Leader tI Donald Long, WWTP -Team Leader III 2012 -278 File iA I hereby agree to the contract renewal as specified of the subject Agreement ❑ I am unable to agree to the contract renewal as specified of the subject Agreement {Signature) Printed Name S� is Date Title 0 BEFORE THE CITY COMMISSION CITY OF STUART, FLORIDA RESOLUTION NUMBER 94 -2013 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA RENEWING THE AWARD OF ITB No. 2012- 278, CHEMICALS: WATER TREATMENT/WASTE WATER TREATMENT PLANS FOR THE FIRST OF TWO POSSIBLE RENEWAL PERIODS TO FORT BEND SERVICES, INC.; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA that: SECTION 1: The City Commission of the City of Stuart, Florida approves the renewal of the award of ITB No. 2012 -278 to Fort Bend Services, Inc to provide chemicals on an as- needed basis to operate the water and wastewater treatment plants. The chemicals and bidders involved are as stated below: ITEM NO. DESCRIPTION NAME OF BIDDER AMOUNT 1 Sodium Hypochlorite Odyssey Manufacturing Co. $72,000.00 2 Ammonia Tanner Industries Inc. $14,052.50 3 Fluoride Harcros Chemicals, Inc. $9,090.00 4 Pebble Lime Cheney Lime & Cement Co. 125,944.00 5 Hy droe loric Acid The Dumont Company $3,278.00 6 Sodium Hexameta hos hate American Water Chemicals, Inc. $20,140.00 7 Polymer, anionic- granular Polydyne Inc. $4,030.00 8 lPolymer, cationic-liquid IFort Bend Services, Inc. $15,730.00 Res.94 -2013 I" Renewal of Award ITB No. 2012 -278 for Chemicals: Water and Wastewater Treatment Plans This is for the first of two possible renewal periods allowed for under the contract. SECTION 2: The City Commission authorizes the Mayor and City Clerk and any other necessary City Official to execute the required documents, after approval by the City Attorney. SECTION 3: This resolution shall take effect upon adoption. Commissioner offered the foregoing r olution and moved its adoption. The motion was seconded by Commissioner Ct-, and upon being put to a roll call vote, the vote was as follows: EULA R. CLARKS, MAYOR TROY A. McDOANLD., VICE MAYOR JAMES A. CHRISTIE, Jr., COMMISSIONER JEFFREY A. KRAUSKOPF, COMMISSIONER KELLI GLASS LEIGHTON, COMMISSIONER ADOPTED this 26th day of August, 2013. ATTEST: C WHITE CITY ERK YES NO ABSENT ti v 1/ APPROVED AS TO FORM YO AND CORRECTNESS: ROBERT L. KILBRIDE INTERIM CITY ATTORNEYl4�. Lenora Darden. CPPB Procurement Buyer Ida rden @ci.stuart.R us July 23, 2013 Tanner Industries, Inc. Attn: Frank Madden, Sales Supervisor 735 Davisville Road Southampton, PA 18966 City of Stuaft 300 Spa' St. Lucie A%enue • Stuart • Florida 34994 Department of Financial Services Purchasing Division Via Email Transmission: salesLaunnerind.com Subject: Renewal for ITB #2012 -278, Chemicals at Water Treatment /Wastewater Treatment Plants Dear Mr. Madden, Telephone (772) 288 -5308 Fax: (772)600 -1202 www.cityafstuart_us This is official notification to your firm that the City of Stuart is satisfied with your firm's performance and wishes to extend your current contract for Ammonia, for the period beginning September 24, 2013 and ending on September 23, 2014, which represents the first of two (one year) renewal options. This extension is granted under the same terms, conditions, and pricing as the original contract. In addition, we need a current copy of Certification of Liability, Property Damage, and Automobile Liability, and Worker's Compensation as outlined in the ITB. Please complete the bottom portion of this letter if your firm will agree to the requested renewal. Your response must be received no later than 4:00 p.m., August 26, 2013. You may fax your response to (772) 600 -0134 or send by email to idarden cc- .ci.stuart.fl.us. Thank you for your cooperation and immediate attention to this matter. Please contact me at (772) 288 -5308, if you should have any questions. Best Regards, mAt'-�� Lenora Darden, CPPB Procurement Buyer cc: Dave Peters, Asst Public Works Director Jim Parks, WTP -Team Leader II Donald Long, WWTP -Team Leader III 2012 -278 file NA I hereby agree to the contract renewal as specified of the subject Agreement ❑ I am unable to agree to the contract renewal as specified of the subject Agreement u.1k Jan (Signature) Printed Name is /,:3 Date Title TANNIND -01 COSH CERTIFICATE OF LIABILITY INSURANCE DAT6 /3 /2 1YYYY) 6/3/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER (215) 567 -6300 CONTACT NAME: John D. Kurtz The Graham Company The Graham Building 1 Penn Square West PHONE FAX IM EXt :215- 701 -5237 A/C, No): 215- 525 -0241 E-MAIL ADDRESS: Kurtz—UNIT@grahamco.com INSURER(S) AFFORDING COVERAGE NAIC # Philadelphia, PA 19102 INSURER A: Steadfast Insurance Company INSURED Tanner Industries, Inc. INSURER B:Zurich- American Insurance Company 16535 INSURERC:Aspen Specialty Insurance Company 10717 735 Davisville Road, Third Floor Southampton, PA 18966- INSURER D: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM /DD /YYYY POLICY EXP MM /DD /YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY GLO595510700 6/1/2013 6/1/2014 DAMAGE (RENTED PREMISES Ea occurrence ) $ 300,000 X CLAIMS -MADE D OCCUR MED EXP (Any one person) $ 10,00 PERSONAL &ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ 2,000,00 1-1 POLICY PRO X LOC JECT $ AUTOMOBILE LIABILITY (CEO, SINGLE LIMIT Ea ident 1,000,000 $ X BODILY INJURY (Per person) $ B ANY AUTO BAP595510100 6/1/2013 6/1/2014 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HI RED AUTOS AUTOS PROPERTY DAMAGE PERACCIDENT $ Comp & Collision $ 1,00 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 10,000,000 X AGGREGATE $ 10,000,00 C EXCESS LIAB CLAIMS -MADE EXACJ4J13 6/1/2013 6/1/2014 DED I I RETENTION $ $ See below B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N OFFICER/MEM BER EXCLUDED? --1 (Mandatory in NH) N/A WC595510800 6/1/2013 6/1/2014 X WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYE $ 1,000,00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Umbrella Policy - Limits shown may be lower than the total limits provided City of Stuart is added as an Additional Insured on the above General Liability Policy if required by written contract with respects to the following project: ITB # 2012 -278; Chemicals for Water & Waste Water Treatments Plants. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Stuart 121 SW Flagler Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Stuart, FL 34994 - AUTHORIZED REPRESENTATIVE © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD BEFORE THE CITY COMMISSION CITY OF STUART, FLORIDA RESOLUTION NUMBER 89 -2012 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA APPROVING THE AWARD OF ITB No. 2012- 278, CHEMICALS: WATER TREATMENT/WASTE WATER TREATMENT PLANS TO THE LOWEST, MOST RESPONSIVE BIDDERS, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA that: SECTION 1: The City Commission of the City of Stuart, Florida approves the award of ITB No. 2012 -278 to the lowest most responsive and responsible bidders for the purchase of chemicals on an as- needed basis to operate the water and wastewater treatment plants. The chemicals and bidders involved are as stated below: ITEM NO. DESCRIPTION NAME OF BIDDER MOUNT l Sodium Hypochlorite Odyssey Manufacturing Co. 72,000.00 ? Ammonia Tanner Industries Inc. 14,052.50 3 Fluoride Harcros Chemicals, Inc. 9,090.00 1"2-.0,140.00 Pebble Lime Cheney Lime & Cement Co. 25,944.00 Hydrochloric Acid a Dumont Company ,278.00 f Sodium Hexameta has hate American Water Chemicals, Inc. 7 Polymer, anionic- granular Polydyne Inc. 4,030.00 I's tPolymer, cationic-liquid Fort Bend Services, Inc. 15,730.00 Res.89 -2012 Award ITI3 No. 2012 -278 for Chemicals: Water and Wastewater Treatment Plans This contract will be awarded for an initial one year period with the option to renw for two additional one year periods. SECTION 2: The City Commission authorizes the Mayor and City Cleric and any other necessary City Official to execute the required documents, after approval by the City Attorney. SECTION 3: This resolution shall take effect upon adoption. Commissioner 6-flAA offered the foregoing resolution d moved its adoption. The motion was sec ded by Commissioner �C , and upon being put to a roll call vote, the vote was as follows: JAMES A. CHRISTE, JR., MAYOR EULA R. CLARKE., VICE MAYOR TROY A. McDONALD, COMMISSIONER JEFFREY A. KRAUSKOPF, COMMISSIONER KELLI GLASS LEIGHTON, COMMISSIONER ADOPTED this 24th day of September, 2012. YES NO ABSENT l.. 0,4ww W"A4kgt"� ;ffMES A. CHRISTIE, Jr. MAYOR .O v F sy �Q "I TA L Q� � Terr4 1 � erson Procurement %Ismager September 25, 2012 Tanner Industries, Inc. Attn: Frank Madden, Sales Supervisor 735 Davisville Road Southampton, PA 18966 City of Stuart 300 SW St. Lucie Avenue * Stuart'' Florida 34994 Phone: (772) 28&5320 Via: Email transmission, sales(etltannerind.com Depart ment of Financial Services Subject: Notice of Award ITB No. 2012 -278, Chemicals @ Water Treatment/Wastewater Treatment Plants Dear Mr. Madden: Fax (772} 6001.102 tiverson(a &%tt art.n.us It is my pleasure to notify you that on Monday, September 24, 2012, the Stuart City Commission approved the partial award of ITB #2012 -278, to your firm Tanner Industries, Inc., for Ammonia, in the amount not to exceed $14,052.50. Obtain and submit a "Certificate of Insurance" which reflects all types and levels of coverage as noted in the Invitation to Bid. The insurance certificate must also have tinted in the "Remarks" box, words to the effect: "The City of Stuart it an additional insured'. The City requests that the insurance certificate lists the rp oiect number and the nroiect name, ITB #2012 -278, Chemicals for Water & Waste Water Treatments Plants. Please send the required "Certificate of Insurance" to the attention of Lenora Darden, Stuart Procurement Office, 121 SW Flagler Avenue, Stuart, Florida 34994, at your earliest convenience. Orders from the City of Stuart will be placed throughout the contract period through the issuance of a Blanket Purchase Order, which will serve as your notice to proceed, upon receipt of required documents. All services shall be coordinated with the City Project Manager or designee. The initial contract period will be for one year, effective September 24, 2012 through September 23, 2013, with two one -year renewal options. The City reserves the right to exercise the option to renew annually, if mutually agreed upon in writing by both parties subject to the same terms and conditions of the original agreement. Annual renewals shall be subject to the appropriation of funds, vendor's satisfactory performance and determination that the contract renewal is in the best interest of the City. The City of Stuart looks forward to a mutually beneficial business relationship. If you have any questions, please feel free to contact me by email at ldardenCnbci.stuart.fl.us or call me at (772) 288 -5308. Sincerely yours, Lenora Darden Procurement Buyer 2012 -278 ITB File Dave Peters, Assistant Public Works Director Al INSTRUCTIONS TO BIDDER A 1. l Each bidder shall furnish the information required on the bid schedule and each accompanying sheet thereof on which he makes an entry. Offers submitted on any other format are subject to disqualification. A1.2 All bids trust be submitted in a sealed envelope, plainly marked on the outside with the invitation to bid number, date and time of opening. A1.3 All Bids Must Be Submitted in Triplicate. This includes specifically the bid cover page, the bid signature section (A2), any section on which annotations are required or exceptions are taken, the bid schedule (F), and any supporting documentation or literature being submitted with your bid. A 1.4 It is the bidder's responsibility to assure that Bids are received in the City of Stuart Procurement and Contracting Services Office, 300 SW St Lucie Avenue, Stuart, Florida 34994, not later than 2:30 p.m., on the day and date shown above. Any received after this date and time will not be accepted or considered, and will be returned unopened to the bidder. No telegraphic or facsimile offers will be considered. A 1.5 Bids will be publicly opened and read aloud in the City Hall Annex Conference Room on the above appointed date at 2 :30 p.m. or as soon as possible thereafter. A I.6 Bids may not be withdrawn for a period of 30 days after the public opening date. A 1.7 Bidder's attention is specifically called to the terms and conditions of this solicitation. A 1.8 Please check your prices before submitting your bid, as no change in prices will be allowed after the opening. All prices and notations must be in ink or typewritten. Be sure your bid is signed. A1.9 All items quoted must be in compliance with the specifications. Alternate bids will not be considered unless they are specifically called for in this solicitation. A 1.10 Any actual or prospective bidder who protests the reasonableness, necessity or competitiveness of the terms and/or conditions of the invitation to bid, selection or award recommendation shall file such protest in writing to the Stuart City Manager with a copy to the City Procurement & Contracting Services Manager (PCS Manager). AI A I Questions relative to interpretation of specifications or the solicitation process shall be addressed to the Purchasing Agent, in writing, in ample time before the period set for the receipt of bids. Any interpretations, clarifications or changes made will be in the form of written addenda issued by the Purchasing Office. Oral answers will not be authoritative. A l . l 2 It will be the responsibility of the bidder to contact the Purchasing Office prior to submitting a bid to ascertain if any addenda have been issued, to obtain all such addenda, and to return executed addenda with their bid. The Procurement & Contracting Services Office is located at 300 SW St. Lucie Avenue, Stuart, Florida 34994, telephone # (772) 288 -5320, Fax (772) 600 -1202. ITB No. 20 t 2 -278 Page 2 A2 BID SIGNATURE SECTION A2.1 This sheet must be signed by a person authorized to sign for your firm and returned with your bid. Failure to comply will result in disqualification of submittal. A2.2 Delivery shall be a factor in award. Failure to perform within delivery deadline(s) set forth in the specifications or any other contract document shall constitute default. A2.3 The City of Stuart reserves the right to make award to one vendor, to split the award between vendors or to not award some or all items, depending on the best interest of the City. A2.4 The City reserves the right to reject any or all bids, without recourse, to waive technicalities or to accept the bid which in its sole judgment best serves the interest of the City. Cost of submittal of this bid is considered an operational cost of the bidder and shall not be passed on to or be borne by the City. A2.5 Goods, services, supplies or equipment covered in the specifications shall be delivered F.O.B. Destination. A2.6 The City may accept any item or group of items on any bid unless the offeror qualifies his bid by specific limitations. A2.7 Bidders are requested not to contact the City Commission, requesting/evaluating Departments or Divisions after bids are opened. Any questions from bidders or evaluating Departments or Divisions will be answered through the Purchasing Division. A2.8 If not bidding any or all items, please so state. A2.9 Unit prices will govern in the event both unit and total prices are requested in the solicitation and the unit price carried forward does not mathematically result in the total price for that item, A2.10 Failure to comply with these instructions may result in disqualification of your bid. TaVl nerh��s- F� -,�s, Firm Name 'eS Z- Authorized Signature (Manual) X130/ r2• Date 215 - 3.22 - IZ39 Telephone Number Ff'cnk /t'Teoldeh ScrP.er„ts�� 2IT- 322- 771 i Name /Title (Please Prin) Facsimile Number Any questions regarding this Invitation to Bid should be addressed to the Procurement & Contracting Services Office, City of Stuart, Florida (772) 288 -5320. Contact Person: Terry Iverson, Procurement & Contracting Services Manager, Email- tiverson @ci.stuart.fl.us. I VB No. 21112 -278 Page 3 'F City of Stuart 300 SW St. Lucie Avenue Stuart, FL 34994 Terry Iverson Department of Financial Services 772.600.1202 FAX Procurement Manager 772.28$.5320 tiverson(a?c3 stuart.fl us INVITATION TO BID FOR: CHEMICALS: WATER TREATMENT/WASTEWATER TREATMENT PLANTS DATE: August 16, 2012 DEPT: Public Works BID NUMBER: # 2012 -278 THIS IS NOT AN ORDER Bids will be opened and publicly read aloud in the City Hall Annex, 300 S.W. St. Lucie Ave., Stuart, FL at 2 :30 pm on Wednesday, the 51 day of September. 2012. Bids must be SUBMITTED ON THE FORM FURNISHED BY THE CITY and in accordance with specifications and list of quantities desired. Please attach this completed form as the top sheet for all bids submitted. Bid bonds if required may be in the form of a Surety Bond, Cashier's Check or Certified Check (checks payable to The City of Stuart). Bidder's Name'r��► k ItiL+c e +'► Company Name �c�n►'►cr.,dc.+s �'��� Y'nG Street Address City, State, Zip Total Amount of Bid $ Hi D S Z . ,Sv It is the intent and purpose of the City of Stuart that this Invitation to Bid promotes competitive bidding. It shall be the bidder's responsibility to advise the Purchasing Division if any language, requirements, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this Invitation to Bid to a single source. Such notification must be submitted in writing and must be received by the Purchasing Division not later than ten (10) days prior to the bid opening date. Mail /Express Bids to: Stuart City Hall Procurement Office 121 S.W. Flagler Avenue Stuart, Florida 34994 Hand Deliver Bids to: Stuart City Hall Annex Procurement Office 300 S.W. St. Lucie Avenue Stuart, Florida 34994 ITB No. 2012 -278 Page l B. GENERAL PROVISIONS B1. Payment/Invoicing: No payment will be made for materials ordered without proper purchase order authorization. Payment cannot be made until materials, goods or services have been received and accepted by the City in the quality and quantity ordered. Payment will be accomplished by submission of invoice, in duplicate, with Purchase Order Number referenced thereon and mailed to: Financial Services Department, 121 S.W. Flagler Avenue, Stuart, FL 34994. Payment in advance of receipt of goods or services by the City of Stuart cannot be made. 132. Purchasing Card Program: A. Preferred method of payment is by means of the City of Stuart Purchasing Card (VISA). The selected Bidder(s) can take advantage of this program and in consideration receive payment within several days, instead of the City's policy of Net 30 Days After Invoice Approval (AIA). B. Bidders are requested to acknowledge acceptance of purchasing VISA card on the Bid Schedule. In the event of failure on the part of the Bidder to make this statement, the City shall assume the purchase or Contract price shall be governed by the Net 30 AIA. C. The City of Stuart offers bidders who commit to accepting the Purchasing Card as payment a one percent (1 %) reduction in their bid price for evaluation purposes only. When evaluating prices submitted by bidders in response to this solicitation, the total offered price of a bidder committed to accepting the Purchasing Card will be reduced by one percent, the resulting number is then compared to the other bidders' offered price. If the committed bidder is awarded the contract, the award will be at the originally bid price. B3. Fund Availability: Any contract resulting from this solicitation is deemed effective only to the extent of appropriations available. B4. Permits/Licenses/Fees: Any permits, licenses or fees required will be the responsibility of the successful bidder, no separate payment will be made. Adherence to all applicable code regulations (Federal, State, County, City), are the responsibility of the successful bidder. Confined space permit may be required from the City of Stuart. Please see Section B23. Safety Standards. B5. Taxes: The City of Stuart does not pay Federal excise or State sales taxes. Our tax exemption number is 53- 07- 014452 -54C. B6. Warranty: The bidder shall state the warranty offered against defective workmanship and material as specified in Section C- Special Provisions. I I B No. 2012 -278 Page 4 B7. Independent Pricing: By submission of this bid, the bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, that in connection with this procurement: A. The prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other offeror or with any competitor for the purpose of restricting competition, or in any other way influencing the competitive arena. B. Unless otherwise required by law, the prices, which have been quoted in this bid, have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly to any offeror or to any competitor. C. No attempt has been made or will be made by the bidder to induce any other person or firm to submit or to not submit a bid for the purpose of restricting competition, or in any other way influencing the competitive arena. B$. Inspection /Acceptance Title: Inspection and acceptance will be at the City of Stuart's ordering departmentldivision unless otherwise stipulated. Title and risk of loss or damage to all items shall be the responsibility of the vendor until accepted by the using department of the City, unless loss or damage results from negligence by the City or it's using Department. B9. Changes: the City of Stuart reserves the right to order, in writing, changes in the work within the scope of the contract such as change in quantity or delivery schedule. The contractor has the right to request an equitable price adjustment in cases where modifications to the contract under the authority of this clause result in increased costs to the contractor. see ICC BIO. Liability: The vendor shall act as an independent contractor and not as an employee of the City of Stuart. The successful bidder is required to indemnify, defend, and hold and save harmless the City, its officers, agents, and employees, from damages arising from the vendor's performance of, or failure to perform, any task or duty required to be performed by the vendor. BI 1. Conflict of Interest: All offerors must disclose with their offer the name of any officer, director, or agent who is also an officer or employee of the City of Stuart. Further, all bidders must disclose the name of any City officer or employee who owns, directly or indirectly an interest of ten percent (10 %) or more of the bidder's firm or any of its branches. I VF3 No. 2012 -278 Page 5 B12. Termination for Convenience: The City of Stuart reserves the right to terminate the Agreement in whole or part by giving the vendor written notice at least thirty (30) days prior to the effective date of the termination. Upon receipt of termination notice from the City, the vendor shall only provide those services specifically approved or directed by the City. All other rights and duties of the parties under the Agreement shall continue during such notice period, and the City of Stuart shall continue to be responsible to the vendor for the payment of any obligations to the extent such responsibility has not been excused by breach or default of the vendor. Upon termination, vendor shall bill the City of Stuart for all amounts not previously billed and due the vendor at that time. The vendor shall not be entitled to a professional fee nor to expenses for any work commenced or expenses incurred after the vendor received the notice of termination, unless specifically approved or requested by the City. The vendor shall however, be entitled to payment for services commenced and approved by the City prior to the receipt of notice, or with the express written consent of the City, prior to the effective date of termination. B13. Termination for Default: The performance of the Agreement maybe terminated by the City of Stuart in accordance with this clause, in whole or in part, in writing, whenever the City shall determine that the contractor has failed to meet performance requirement(s) of the Agreement. B14. Venue: Any contractual arrangement between the City of Stuart and the vendor shall be consistent with, and be governed by, the ordinances of Martin County, the City of Stuart, the whole law of the State of Florida, both procedural and substantive, and applicable federal statutes, rules and regulations. Any and all litigation arising under any contractual arrangement shall be brought in the appropriate court in Martin County, Florida. 1315. Modifications: In addition to changes made under the changes clause, any contract resulting from this solicitation may be modified within the scope of the contract upon the written and mutual consent of both parties, and approval by appropriate legal bodies in the City of Stuart. 1316. The Contract: Notice of award by the City of Stuart will constitute acceptance of the Bid. This bid package, including all terms, conditions and specifications, signed by the successful bidder along with the documentation included in the bidders submittal as required by this Invitation to Bid and other additional materials submitted by the bidder and accepted by the city shall constitute the contract. After notice of award, a valid certificate of insurance shall be issued to the City within 10 days. A purchase order will serve as the contract. ITB No. 2012 -278 Page 6 B17 Force Majeure: Neither party to this agreement shall be liable to the other for any cost or damages if the failure to perform the agreement arises out of causes beyond the control and without the fault or negligence of the parties. Such causes may include, but are not restricted to, acts of God, fires, quarantine restriction, strikes, and freight embargoes. In all cases, the failure to perform must be totally beyond the control and without the fault or negligence of the party. The delivery schedule, if applicable, shall be extended by a period of time equal to the time lost due to such delay. B18. Proposal as Public Domain: All documents and other materials made or received in conjunction with this project will be subject to public disclosure requirements of chapter 119, Florida Statutes. The bid will become part of the public domain upon opening. Vendors shall not submit pages marked "proprietary" or otherwise restricted ". B19. Equal Opportunity: The City of Stuart recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women owned business enterprises. The City requests minority and women owned business enterprises submit evidence of certification with submittals. B20. Assignment & Subcontracting: The successful bidder will not be permitted to assign its contract with the City, or to subcontract any of the work requirements to be performed without obtaining prior written approval of the City of Stuart. B21. Insurance: The contractor shall, during the entire period of performance of any contract resulting from this solicitation, procure and maintain at least the minimum types of insurance as stipulated in the insurance attachment to this solicitation. Proof of such insurance must be provided to the City prior to beginning any contract performance. B22. Additional Terms and Conditions: No additional terns and conditions included with the bid response shall be evaluated or considered; any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid. If submitted either purposely through intent or design or inadvertently appearing separately in transmitting letters, specifications, literature, price lists, or warranties it is understood and agreed the general and special conditions in this solicitation are the only conditions applicable to this bid and the bidders authorized signature affixed to the bid signature section attests to this. B23. Safety Standards: All contractors and sub - contractors shall adhere to all Federal, State, County and City safety regulations and requirements. The City of Stuart safety manual is available for use by any vendor contracted to provide services, supplies and /or equipment to the City of Stuart. ITB No. 2012 -278 Page 7 B24. Public Entity Crimes: Pursuant to the requirements of Section 287, Florida Statutes, all vendors are subject to those provisions pertaining to Public Entity Crimes and the Convicted Vendor List. C. SPECIAL PROVISIONS Cl. Intent: The City of Stuart is seeking qualified and experienced vendors to furnish and deliver the specified chemicals on an "as needed" basis, in full accordance with the specifications, terms, and conditions contained in this Invitation to Bid (ITB). C2. Qualification of Bidders: This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the work specified. Bids will be considered from firms who have adequate personnel and equipment and who are so situated as to perform prompt service. Bids will be considered only from firms which are regularly engaged in the business as described in this bid package; with a record of performance of not less than five (5) years, which have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the service if awarded an Agreement under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well - established company in line with the best business practice in the industry and as solely determined by the City. C3. Minimum Requirements: The bidder should submit the following information with their bid package to be considered responsive in order for the City to fully evaluate the firm's qualifications. Failure to fully submit the requested information may result in the bid being considered non - responsive. A. Bidders are to provide a minimum of three (3) satisfactory references of similar accounts and size within the past five (5) years and, include accounts that have expedited delivery on the City provided form. Bidder is responsible for verifying correct phone numbers and contact information. Failure to provide accurate data may result in the reference not being obtained or considered. B. Bidder must be an authorized agent, dealer, seller, or distributor for the sale and distribution of product. C. Bidder shall submit the Vendor Representative's name, address, and phone number of the person(s) to be contacted for the placement of order and coordination of service(s) on a Monday through Friday basis from (7:00 a.m. through 3 :00 p.m.). D. Completion and submission of Questionnaire attached herein. ITB No. 2012-278 Page 8 C4. Contract Terms: At all times during the term of the contract, the successful Contractor shall act as an independent Contractor and at no time shall be considered an agent or partner of the City. A. Contract Period: This contract shall be awarded for an initial term of one (l) year subsequent to approval by the City Commission. The contract may be renewed for two (2) additional one year periods provided both the successful bidder and the City agree and all terms and conditions remain the same. Any contract or amendment resulting from this solicitation shall be subject to fund availability and mutual written agreement between the City and the successful bidder. Extension of the contract for additional thirty (30) day periods for the convenience of either party shall be permissible at the mutual consent of both parties. B. Option to Extend: The performance period of any contract resulting from this solicitation may be extended upon mutual agreement between the contractor and the City of Stuart with no change in terms or conditions. Any extension of performance period under this provision shall be in one - year increments. The contract may be renewed for two (2) additional one - year periods, provided both parties are in agreement. Total contract length, including individual one -year extensions, shall not exceed three (3) years. Consideration of price increases at each renewal period will be given provided such escalations are reasonable and acceptable to the City. Any price increases must be justified, documented and approved by the City of Stuart. It is also expected that de- escalation of prices will be extended to the City if the market so reflects. C. Contract Amendment: The City may require additional items of a similar nature, but not specifically identified in the contract. The Contractor agrees to provide such items /services, and shall provide the City prices on such additional items or services based upon a formula or method which is the same or similar to that used in establishing the prices in this bid. If the price(s) offered are not acceptable to the City, and the situation cannot be resolved to the satisfaction of the City, the City reserves the right to procure those items /services from other vendors or to cancel the contract. Furthermore, the City reserves the right to delete or revise items and services under this bid at any time during the contract period when and where deemed necessary. Deletions may be made at the sole discretion of the City at any time during the contract period. Items revised must be mutually agreed upon in writing by the Contractor. D. Non Exclusive Contract: Contractor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services at its sole option. ITB No. 2012 -278 Page 9 C5. Performance: The City heavily monitors the quality and performance of work performed and/or supplies furnished by the awarded vendor for future consideration and/or reference purposes. The City may return, for full credit, any itern(s) received which fail to meet the City's performance standards. C6. Method of Ordering: A blanket purchase order shall be issued for the term of the award. The department(s) will order requirement(s) on an "as needed" basis. All terms, conditions and prices of the bid are applicable. Only awarded bid items may be purchased on the blanket purchase order. Vendor is to take all necessary steps to insure this requirement. Invoices must reference purchase order number. C7. Quantities: The quantities specified are based on annual estimates. The City of Stuart makes no guarantee regarding the quantity to be purchased and reserves the right to increase or decrease the total quantities, as necessary, to meet actual requirements. C8. References: As part of the evaluation process, the City may conduct an investigation of references including a record check of consumer affairs complaints. Bidder's submission of bid constitutes acknowledgment of the process and consent to investigate. City is the sole judge in determining Bidder's qualifications. C9. Quality: The City will make the sole determination as to the suitability of materials when quality is a question or concern. CIO. Minimum Payment Terms: Minimum payment terms shall be Net 30 days. C 11. Prompt Payment Discounts: Prompt payment discounts of 30 days or longer will be considered in evaluation of bids. Discounts will be computed from the date of satisfactory delivery at the place of acceptance, or from approval of correct invoice at the City office specified, whichever is later. C12. F.O.B. Point: F.O.B. point is destination for all deliveries (See Section E5). C13. Firm Prices: The prices offered shall remain firm for the period of any agreement reached as a result of this invitation to bid. C 14. Other Entity Use: The successful bidder(s) may be requested to convey their bid prices, contract terms and conditions, to municipalities or other governmental agencies within the State of Florida. C15. Silence of Specifications: The apparent silence of these specifications and any addenda hereto, as to any details; or the omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that the service provided shall be complete and without additional requirement to the utilizing public entity. All interpretations of these specifications shall be made upon the basis of this statement. ITB No. 2012 -278 Page 10 C 16. Modifications: This bid shall be awarded only to a responsive and responsible bidder. Bidder hereby certifies that the terms and conditions, including but not limited to, the scope of work have not been altered or modified in any manner. Any modification to this solicitation by the bidder will result in Bidder's response being found non - responsive and thereby disqualified. C17. Attachments: There are five (5) attachments to this Invitation to Bid. The successful bidder must comply with attachments as follows: Attachment A Insurance Requirements Proof of ability to obtain insurance to be submitted with bid document. Attachment B Qualifications/Experience of Bidder Attachment C References Attachment D Bidder's Checklist Attachment E Statement of No Bid NOTE: Attachments B, C, D, and E are available in form fillable format. D. AWARD OR REJECTION OF BIDS Dl. Award of Contract: The City of Stuart intends to award the contract to the responsible bidder most responsive to the solicitation with the lowest bid. The purchase order will serve as the notice to proceed. D2. Method of Award: A. The City intends to award this bid on an item by item basis to a Primary bidder. Award of the primary will be determined in order of responsiveness, delivery, acceptance of purchasing card program, materials and service proposed, along with bidder's qualifications, adequate organization, and personnel to ensure prompt and efficient performance of work to the City. After the bid has been awarded, the Primary bidder will be used in every instance of ordering products as long as their firm is capable of delivering the product/material in question within the time specified in this bid. If the Primary bidder is not able to deliver the product in question within the specified time, the City reserves the right to contact the secondary bidder with the subsequent lowest responsive responsible bid accordingly. B. Bidder should not reference the words "No charge, NIA, included, etc." on any of the line items. Vendor must identify a monetary amount for each line item. If vendor is not providing a bid price for an item, zero (o) must be designated on that line item. Failure to identify a monetary amount for each item may cause bidder's bid response to be considered non- responsive and rejected. ITB No. 2012 -278 Page 1 I D3. Best Prices: Award will be made without further negotiation based upon competitive bids; therefore your best price should be submitted in response to this invitation to bid. D4. Rejection of Bids: The City of Stuart reserves the right to reject any or all bids with or without cause when such rejection is in the best interests of the City, at the City's sole determination. The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or whom investigation shows is not in a position to perform the contract. D5. Determining Responsibility: In determining responsibility, the following qualifications will be considered by the Procurement & Contracting Services Manager: A. The bidder's ability, capacity and skill to perform the contract or provide the service within the time specified. B. The reputation, judgment and experience of the bidder. C. The quality of performance of previous contracts or services including previous performance with the City. D. Previous and existing compliance by the bidder with laws and ordinances relating to the contract or service. E. Financial resources of the bidder to perform the contract or provide the service. F. Ability to provide future maintenance and service for the use of the subject of the contract. G. Whether the bidder is in arrears to the City on a debt or contract or is a defaulter on surety to the City, or whether the bidder's taxes or assessments are delinquent. E. SCOPE OF SERVICE E1. General Information: A. It is the intent of the City of Stuart to purchase the specified chemicals on an "as needed" basis delivered to specific City of Stuart locations. Chemicals will be ordered on an "as needed" basis for the term of the agreement. Quantities listed are approximate and are to be used in pricing 1 1 13 No. 2012 -278 PaP2 12 each chemical for comparison purposes only. Determination of equivalence is at the sole discretion of City of Stuart personnel. Should an alternate product be offered, complete specifications must be included with the bid. Failure to comply will result in disqualification of the bid as non - responsive. B. Contract shall allow for all labor, materials, supplies, transportation, services and related services to supply chemicals to the City's Water and Wastewater Facilities on an "as needed" basis. C. The City does not have a reverse osmosis system or nanofiltration system. The City treats water from the surficial aquifer within its own plant, but the system is interconnected with Martin County Utilities which has reverse osmosis treatment. So, to a certain extent, the systems and the water may be blended. E2. Material Safety Data Sheet and Certificate of Analysis: In compliance with Florida's Occupational Safety and Health Statute (Chapter 442) any commodity delivery as a result of this bid must be accompanied by a current MSDS and Certificate of Analysis (COA) with bid package submittal and with each receipt of order. It is incumbent upon all bidders to include information sufficient in detail to allow for an informed decision process. E3. Codes & Regulations: Goods must be in accordance with the following: National Science Foundation (NSF) American Water Works Association(AWWA) Conformance with any other applicable local codes and standards E4. Contractor Responsibility: ject Se, A. The bidder shall be responsible for the protection of property in the areas appointed for delivery against spills. Contractor is responsible for clean- up of any spills. B. It is hereby made a part of this agreement that before, during and after a public emergency, disaster, hurricane, flood or Act of God that the municipal government, through the City of Stuart, shall require a "first priority" basis for goods and services. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety. ITB No. 2012 -278 Page 13 E5. Delivery Information: A. All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims). The successful bidder shall be fully responsible for any and all travel expenses and/or delivery/transport charges to and from destination. Exact delivery points will be indicated on the purchase order. All bid prices shall be delivered price. The City will not be responsible for separate delivery fees. B. Delivery is requested within 72 hours after receipt of purchase order. Delivery coordination shall be made in advance with the City's Project Manager. No deliveries will be accepted before 7:00am or after 3:00pm. Back - orders shall be made known to the City at time of order placement. Failure to supply deliveries within requested time period may result in contract cancellation. Delivery locations are as specified below. C. The product shall be delivered on site to two (2) locations: • Water Treatment Plant, 1002 Palm Beach Road, Stuart, Florida 34994Water Treatment Plant: 1009 Banyan Street, West Palm Beach, FL • Wastewater Treatment Plant: 301 Stypmann Boulevard, Stuart, Florida 34994 E6. Quality Assurance & Returned Goods: All material shall conform to Florida Department of Transportation Standard Specifications latest edition. The successful bidder upon receipt of a purchase order shall assure the product conveyed is of the correct quantity and meets all specifications of the bid, purchase order and order release. Material, which does not meet bid and purchase order specifications and requirements, including quality standards, shall be subject to return to the vendor, at the expense of the vendor. E7. Technical Specifications: The technical specifications indicate specific products. The materials specified cannot be substituted with any other materials. City of Stuart personnel shall make all determinations of equipment equivalence and compliance with specifications. Those determinations shall be final. These specifications are based on a particular level of performance required to be responsive to this Invitation to Bid. Determination of whether an alternate product is equivalent to the specified product rests solely with City of Stuart personnel, their determination will be final. Should an alternate product be offered, a detailed description of specifications must be submitted and included with your bid. Failure to comply will result in disqualification of the bid as non- responsive. I VB No. 2012 -278 Page 14 The intent of this solicitation is to receive bids for the product specified or an equivalent. Vendors will describe how they meet the specifications when asked to specify their compliance. Technical Specifications Item Chemical Physical Data Individual Compliance Used at No. Description Shipment WTP Quantities WWTP I Liquid Sodium Density 1.10 — 1.30, SpG (l0%) 1.163, (12 %) 5,000 gallon Yes ❑ No ❑ WTP Hypochloride 1.202 combined WW" Color: liquid= green- yellow deliveries, Tanker Minimum strength of 120 grams per liter (12 Truck trade percent by volume) Contaminant concentration limits: N0 Iron < 0.3 mg/L Copper < 0.3 mg/L Nickel: < 0.3 mg/L Chlorate: < 2,500 mg/L Bromate < 20 mg/L Perchlorate < 20 mg/L Suspended Solids Test Time < 3 minutes The suspended solids in the sodium hypochlorite delivered under this contract shall be minimized and the shipments delivered shall achieve a filtration time of less than 3 minutes for 1,000 ml when applying the "Suspended Solids Quality Test for Bleach Using the Vacuum Filtration" Method co- developed by Dr. Bernard Bubnis of NovaC he m. 2 Anhydrous SpG 0.62 @ 60 F, pH+ 11.6 (1 N sol. In City owns a 1,000 Yes No El WTP Ammonia water) %volatile by volume: 100 gal tank, Solubility in water: 33%@ 68F The average �C pite'- e ste Vapor density: P Y= 0.6 @ 32 F delivery size is a t4 h C3 +c.nk Metallurgical Grade Anhydrous Ammonia 600 gals /3,000 lbs x , 1 - 3 HydroFluosiiicic 23 —25% AWWA Standard B703 -06 300 gallon Yes ❑ No ❑ WTP Acid No more than 0.020% heavy Metals deliveries, Tanker (Mercury, Lead, Bismuth, and Copper Truck Ni) a ,� expressed as Lead 4 Quicklime Not less than 92% available Cao 25 ton deliveries, Yes ❑ No ❑ WTP (Pebble Lime) SpG = 3.3, pH 11.7 — 12.5 Tanker Truck *Florida Lime is Slaking rate: 100g in 400g of water shall with pneumatic Not Acceptable increase temperature from 25C to 72C in unloading 1" three minutes capability Size: 1/8" x 3/8" (maximum of 10% passing a 1/8" screen & nothing retained on' /i' screen) 5 Hydrochloric 20 Baume, 31.45% active ingredients 55 gallon drums, Yes ❑ No ❑ WTP Acid 38% (muriatic acid) 68.55% inert Flat -bed Truck ��]] ' (20 drums) A) 0 iL3 ITB No. 2012 -278 Page 15 Item Chemical Physical Data Individual Compliance Used at No. Description Shipment WTP Quantities WWTP 6 Sodium Contain not less than 60% phosphorus 50 pound multi- Yes ❑ No ❑ WTP Hexametphosphate pentoxide, 26.2 phosphorus, or 80.4% walled, moisture phosphate on an as -is basis, pH of 1% proof bags, solution 5.7 — 7.3 Enclosed Truck No r d The typical order size will be one (1) pallet of with lift -gate 50 bas 50 Ibs each). 7 Anionic Dry Preastol TR2515, 50 pound multi- Yes ❑ No ❑ WTP Polymer walled, moisture proof bags, Enclosed Truck /Jo i3 ; d- with lift -gate 500 Ibs per order 8 Cationic Liquid EK 48 H, 55 gallon drums, Yes ❑ No ❑ W WTP Polymer The cationic liquid polymer is used for sludge Flat -bed Truck dewatering with a belt press. price per pound with lift -gate No 6 sold in 450# net drums 11 11 No, 012 -278 Page 16 PIrC4 se- se,'e ',K below �r "cilia F. Bid Schedule In accordance with the terms, conditions and specifications, the undersigned bidder hereby submits the following prices for supplying The City of Stuart with the goods and/or services called for in Bid #2012 -278. Item Description Estimated Unit of Unit Annual No. Quantity Measure Price Price 1 12% Sodium Hypochlorite, 120,000 GAL $A/Q $ /JO liquid or a minimum �J r -LJ 0 i 2 Ammonia (NH3) 18,250 $. $J" LB Lu 1� ,OSL. 3 Fluoride 3,000 GAL N 0 $3; A10 $i3 d. 4 Pebble Lime (CaO) (Quick 560 TON $ AlJO $ AV a Lime) T3 ;d 8;d 3 Hydrochloric Acid 38% 1.100 GA 1, $ A-10 $ A-)o 3,'d 3, 6 Sodium Hexametaphosphate 19,000 LB $ %10 $ �D r3; d Old 7 Polymer, anionic - granular 2,600 LB $ Alo $ Alo 73Ed r3 ;d 8 Polymer, cationic liquid 1,430 GAL $ /L1° $ rU D T3r-d. i3 ; d. Item(s) #: 2 -- - Overall Total for all items that apply $ 141 Q Is Bidder offering the above product as specified? Yes No ❑ If No, bidder is to indicate their equivalent below and attach product literature. Item #: Product Item #: Product Item #: Product Item #: Product F.O.B. Destination: # Fri Hours for Delivery after receipt of order (ARO) ,o ..50 Company Name: no4e *lka -f Y c It. 77 per pour+d dekvered P, %l r1 Q ve" F Duan ci be.1 5 / .5. IT13 No. 2012 -278 Paae 17 Preferred method of payment is by the City Purchasing Carl (VISA). DO VOU ACCEPT THE PURCHASING CARD (VISA)? Yes ❑ No If you are not the successful bidder awarded as primary provider, would you accept serving as.!hp secondary (backup) provider, with the same terms as conditions as your bid? Yes LA No ❑ All Prices will remain firm for a period of forty-five (45) days from the date of Bid opening. The City of Stuart offers bidders who commit to accepting the Purchasing Card, noted above in the Bid Schedule as payment method, a one percent (I %) reduction in their bid price for evaluation purposes only will be applied. When evaluating prices submitted by bidders in response to this solicitation, the total offered price of a bidder committed to accepting the Purchasing Card will be reduced by one percent, the resulting number is then compared to the other bidders' offered price. If the committed bidder is awarded the contract, the award will be at the originally bid price. The undersigned bidder hereby certifies that the invitation to bid has not been altered in any manner; and that bidder has received all the Addenda listed below and has incorporated them into his Bid listed herein. Failure to acknowledge the above requirements will render the bid non - responsive and no further evaluation of the bid will occur. ACKNOWLEDGEMENT IS HEREBY MADE OF RECEIPT OF ADDENDA ISSUED DURING THE SOLICITATION PERIOD: ADDENDUM # 1 r 1 p THROUGH ADDENDUM # Company Name: o ,r Vn a u ST ; e S e- . Date: —4 30 / ;2-. Name of individual submitting Bid: rr Gn k M aJde YA Email address: �A IBS {�n�rinc+ co+�Ph: 215- 322- Iz3 S ' AUTHORIZED SIGNATURE:ru.•..E - -- FFB No. 2(1]2-278 Page 19 ATTACHMENT A INSURANCE REQUIREMENTS The successful bidder shall not commence any work in connection with this agreement until it has obtained all of the following types of insurance and the City has approved such insurance. Nor shall the successful bidder allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Proof of the following insurance will be furnished by the successful bidder by Certificate of Insurance, which names the bidder, its officers, board members, employees and agents as additional insured on General Liability and Automobile Liability insurance policies. Such certificate must contain a provision for notification of the City 30 days in advance of any material change or cancellation. The City by and through its Risk Manger, 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 term of this contract. All insurance carriers must have an A.M. Best Rating of at least AXII or better. When a self insured retention or deductible exceeds $5,000, the City reserves the right, but not the obligation, to review and request a copy of bidder's most recent annual report or audited financial statement. All contractors including any independent contractors and subcontractors utilized must comply with the following insurance requirements: Commercial General Liabilitv including Bodily Injury /Property Damage, Personal & Advertising Injury and Products /Completed Operations coverage for at least $5,000,000 Limit per claim. Products Liability shall extend coverage for pollution conditions that arise from chemicals manufactured, sold or distributed. The City shall be included as Additional Insured and policy shall contain a waiver of subrogation rights endorsement and coverage should respond as primary. If the policy is written on a claims made basis, the retroactive date shall be prior to or equal to the effective date of this contract. In the event the policy is canceled, non - renewed, switched to an occurrence form or there is a change in the retroactive date, the distributor shall purchase an extended reporting period rider during the life of the agreement of not less than 3 years. 2. Pollution. Liabilitv and Remediation Legal Liability coverage for at least $5,000,000 Limit per claim. This shall provide coverage for loss, remediation expense and legal defense expense for sudden and gradual pollution conditions. The City shall be included as Additional Insured, policy shall contain a waiver of subrogation rights endorsement and coverage should respond as primary. If the policy is written on a claims made basis, the retroactive date shall be prior to or F B No 2012 -278 Page 14 equal to the effective date of this contract. In the event the policy is canceled, non - renewed, switched to an occurrence form or there is a change in the retroactive date, the distributor shall purchase an extended reporting period rider during the life of the agreement of not less than 3 years. 3. Commercial Auto Liability with limit of at least $1,000,000 per occurrence which provides coverage for any auto (owned, hired and non - owned) and shall not contain any exclusion for pollution legal liability as respects the transportation, loading and unloading of chemicals. The City shall be included as Additional Insured and the policy should contain a waiver of subrogation rights endorsement. 4. Worker's Compensation Insurance: The Contractor /Lessee /Service Provider shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance with limits equal to Florida Statutory requirements. Employers liability must include limits of at least $1,000,000 each accident, $1,000,000 each disease /employee, $1,000,000 each disease /maximum. A waiver of subrogation must be provided. Coverage should apply on a primary basis. Should scope of work performed by contractor qualify its employee for benefits under Federal Workers Compensation Statute, proof of appropriate Federal Act Coverage must be provided. Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Contractor and/or subcontractor providing such insurance. b. Certificates of Insurance: The Contractor upon notice of award will furnish Certificate of Insurance Form within ten (10) days. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Manager. This certificate shall be dated and show: A. The name of the insured contractor, the specified job by name and job number, the name of insurer, the number of the policy, its effective date, and its termination date. B. Statement that the Insurer will mail notice to the City at least thirty (30) days prior to any material changes in provisions or cancellation of the policy. C. City shall be listed as Additional Insured on Commercial General Liability Insurance, Automobile Liability Insurance. NOTE: The City can decrease or increase these limits, depending on the project, at its sole discretion. Any insurance provided which does not meet the above requirements will not be deemed acceptable under the terms of this contract unless accepted in writing by the City's Risk Manager. VFB No. ?O12-27 9 Page 20 8. Certificates of Insurance: The Contractor upon notice of award will furnish Certificate of Insurance Form within ten days. These shall be completed by the authorized Resident Agent and returned to the Purchasing Office. This certificate shall be dated and show: A. The name of the insured contractor, the specified job by name and job number, the name of insurer, the number of the policy, its effective date, its termination date. B. Statement that the Insurer will furnish to the CITY Certificates of Insurance specifically endorsed to grant the City the same notification rights that it provides to the first named insured as respects cancellation and nonrenewal. C. City shall be named or additional named insured on Public Liability Insurance and Automobile Liability Insurance. * For construction projects include ...owners &t contractors protective for construction projects ** For construction projects include ...per job, per policy year * ** For construction projects include ... Further, contractor agrees to maintain like coverage for a minimum of five (5) years following completion of the project NOTE: The City can decrease or increase these limits, depending on the project, at its sole discretion. ITB No. 2012-278 Page 21 ATTACHMENT B UALIFICATION OF BIDDERS INFORMATION/ UESTIONNAIRE THIS IS A FILLABLE FORM Part A - Oualifications Questionnaire Information provided shall fully explain the firm's qualifications and experience of their Organization to provide various chemicals for the City as stated below: (Bidders may attach additional sheets, if necessary). Provide supporting documentation that Bidder is an authorized agent, dealer, seller, or distributor for the sale nd distribution of product. Is supporting documentation included? Yes V No ❑ Part B - Other Information 1. Contractor to provide details of uniform and identification worn by employees. Stc ejaA4- 'PP C: --% Gine,w:cgQ Se$S I {s, %•c- -c sk'-e. ld, 4 P lc 5 �, 0-10ro,% , ru bb•cr 3iaoe 5, 2. Provide office hours and contact information of staff responsible for coordination of services. ?-L4 hours— 1- 4800-~ bq3- (0226 j~ollow tC,.,L Proi, -pis. 3. Please provide 24 -hour Emergency Contact Information if different than above: 4. Number of year's organization has been in business. S m G *e, 1 C1 5 5. Have you any similar work in progress at this time? Yes IdNo ❑ 6. Submission of quality control program: Yes i No ❑ 7. Submission of Safety program: Yes 4 No ❑ 1113 No. 2012-278 Pa <,e 21- ATTACHMENT C REFERENCES THIS IS A FILLABLE FORM Provide three (3) satisfactory references within the past five (5) years of similar complexity, nature, and size of this project. #1 REFERENCE Corn an /Enti Name: [; , f 4' De Address 100 No,VZ, w e s f / City e lra act, , State PL Zip Code 33.9 N N Contact Name: J-bA n 1-u4 lard Title: 1aoi4- mo, a r Phone No: ral Zu - 734 Fax:(- mail: Delivery Date: -- —' Location �^ Typeo f Product Su lied ef� / %,,tr r'cc3� rC.ci.Z �inH dreuS >��wtv•+•Gr Governmental r Private Dollar Value of Contract S #2 REFERENCES Company/Entity Name: C- o n 4-a r e A c /1 Address P. D. 130 Address 201 oV • P&I ,e �-*o Par k City a a e, , State FL Zip Code 3 314 2 S. Contact Name: ek,4) R ✓ k n e- Title: (,h .' e f t ✓G �o� Phone No: (5(. I ?q2- - 4,42 Fax:( - Email: Delivery Date: Location Type of Product Supplied Delivery Date: l G overnmental o Private Dollar Value of Contract S #3 REFERENCES Company/Entity Name: QC f0y+ Address 201 oV • P&I ,e �-*o Par k d • City Boca R G fo,i , State rL Zip Code 3 3 g 3 2 - Contact Name: Orq r 4rt Title: .-+d0- "I Phone No: 56 I 333 - Fax: - Email: Delivery Date: l Location Type of Product Supplied Me, -ta //L4,5 i r-a l 6rG44 An h C(V 4."15 Governmental Private Dollar Value ofContract $ Company Name ITB No. 2012 -278 Page; 23 ATTACHMENT D BIDDERS CHECKLIST This checklist is provided to assist each Bidder in the preparation of their bid response. Included in this checklist are important requirements, which is the responsibility of each Bidder to submit with their response in order to make their response fully compliant. This checklist is only a guideline— it is the responsibility of each Bidder to read and comply with the invitation to Bid in its entirety. Is Bid envelope marked accordingly? Yes No ❑ Is Invitation to Bid cover page (page 1) completed, signed and attached? Yes No ❑ Is copy of bidder's valid Business Tax Receipt submitted? Yes lNo ❑ Is Bid Schedule Form completed, signed and attached? Yes No ❑ Is Safety report and Quality program included? Yes No ❑ Is bid submitted in triplicate (one original, two copies) ? Yes V No ❑ Bidder must submit proof that their firm name is registered. with their State of origin Yes No ❑ Is proof of insurance included? Yes ONo ❑ Is minimum Qualification of Bidders /Questionnaire information included? Yes tNo ❑ Is Reference Form completed and enclosed? Yes EffNo ❑ Is MSDS or COA submitted? Yes lNo ❑ A. Are addendum (if any issued) signed and submitted? Yes No ❑ Submit a copy of all Licenses, Certificates, or Registrations, held by Bidder Yes [ No ❑ Is W -9 Form completed, signed and attached? Yes a No ❑ All prices have been reviewed for mathematical accuracy, all price corrections initialed, and all price extensions and totals thoroughly checked. Yes *No ❑ Company Name a rr7 -er .X'„ 4 5-f r , e 51 hme- ITB No. 2012 -278 Pa" 24 ATTACHMENT E STATEMENT OF "NO BID" If you do not intend to bid on this requirement, please complete and return this form prior to date shown for receipt of bids to: The City of Stuart Purchasing Office, 121 S.W. Flagler Avenue, Stuart, Florida 34994. We have declined to bid on this solicitation for the following reasons. n Specifications too "restrictive ", i.e., geared toward one brand or manufacturer (please explain below) Insufficient time to respond to Invitation to Bid. We do not offer this product or equivalent. Our project schedule would not permit us to perform Unable to meet specifications. Unable to meet bond requirements. Specifications unclear (please explain below). Other (please specify below). REMARKS: WE UNDERSTAND THAT IF THE "NO BID" LETTER IS NOT EXECUTED AND RETURNED, OUR NAME MAY BE DELETED FROM THE LIST OF QUALIFIED BIDDERS FOR THE CITY OF STUART FOR FUTURE PROJECTS. Typed Name and Title Company Name Address Signature and Title Telephone Number Date 1'IB No. 2012 -278 Pane 2� INDUSTRIES, INC. 4--.-�TANNER 735 DAVISVILLE ROAD, THIRD FLOOR SOUTHAMPTON, PA 18966 -3200 215- 322 -1238 FAX 215- 322 -7725 www.tannednd.com Tanner Industries exceptions taken for Bid #2012 -278 B. General Provisions B10. Liability: he vendor shall act as an independent contractor and not as an employee of the City of Stuart. The successful bidder is required to indemnify, defend, and hold harmless the City, its officers, agents, and employees, from damages arising from the vendor's negligent igent performance of, ar ne lig rnt failure to perform, any task or duty required to be performed by the vendor. E. Scope of Service E4. Contractor Responsibility: A. The bidder shall be responsible for the protection of property in the areas appointed for delivery against spills. Contractor is responsible for clean -up of any spills caused by contractor. �tUARr.�� g C ity of Stuaft 300 S. W. St Lucie Avenue a Stuart a Florida 34"4 FATAL 01 Telephone 1772) 288 -5320 Department of Financial Services Purchasing Division Terry Iverson, Purchasing Agent Date: August 23, 20I2 To: All Prospective Bidders Fax_ (772) 600 -1202 tiversont ci.stuart.fl.us Subj: Addendum #1 to ITB #2012 -278, Chemicals: Water Treatment/Wastewater Treatment Plants ADDENDUM #1 This addendum is issued as a result of questions asked and consists of the following: a. Answers to questions asked Question #Z: What types of polymers are used? What is the existing price /pound or gallon of the product? Answer #1: The polymer used at the Water Reclaim Facility is a cationic charge water - soluble polymer for dewatering wastewater sludge through our belt filter press. The current price is $10.47 /gallon, in 55 gallon containers @ 42% active content. This Addendum must be acknowledged, signed and returned with your bid. Failure to comply will result in disqualification of your bid. Sincerely, d-Oe4j Charles T. Iverson Procurement Manager City of Stuart, Florida Acknowledgement is hereby made of Addendum #I to ITB #2012 -278, Chemicals: Water Treatment/Wastewater Treatment Plants: Signature Date -.r I G�1n,C r� ltSlFri�S� �-✓►C- , Firm Onvia.coa Inc for Ta Hearn (12153217791) ySSaHt.�. � p J� S� I%vt a4 t� City of Stuart l -1 Su,'Flaglea Avenue * Saint * FloTi& 34994 Dvanaaent of Financial Smices Pur6iasing Division 15 11 96/27/12 EST Pg 1 -1 Rebecca S. Begley, CPPB, A.P.P., FCC %l Telephone (77- ') 2b8 -5 368 Comacts Adcnniwmor Fax: (772) 288 -5381 rbegley@v-stuatt.fl.us www.cityofstuan care Date: August 27. 2012 Tw All Prospective Bidders Subj: Addendum 42 to ITB 42012 -278. Chemicals: Water Treatmeut;Wastewalrr Treatment Plants ADDENDUM #2 The purpnge of this addendum is to replace the following information: Replace Item #S Hydrochloric Acid 39% of the Technical Specillcations and nn the Rid Schedule with Hydrochloric ,1cid 31.45 %. All other terms and conditions of this ITB remain unchanged. This Addendum shall be considered an integral part of the Hid and ('oniract Documents and thi Addendum must be acknowledged, signed and returned with ,your submittal by 2:30 p.m. on 915112. Failurc to comply will rcsult in disqualification of your bid. Lenora Darden, CPPB Buyer City of Stuart, Florida Acknowledgement is hereby made of Addendum 02 to ITB #2012 -278, Chemicals: Water TreatmentMastewater Treatment Plata,. Signature 8/3yIrz Date TGn✓ltY rre�, Finn 6014 5 (a, art+'t�eri+ -+d • Gy►t�t Email Address ti's 2012 27aCheanicals: un7wVTP page I of 1 � SSUA�rr•,� Cit of Stuart 300 C) S. W. St Lucie Avenue . Stuart • Florida 34"4 c4gFAL 0 Telephone (772) 288 -5320 Department of Financial Services Purchasing Division Fax: (772) 600 -1202 Terry Iverson, Purchasing Agent tiversoWa_}ci.stuart.n.us Date: August 29, 2012 To: All Prospective Bidders Subj: Addendum #lA (Revision) to ITB #2012 -278, Chemicals: Water Treatment/Wastewater Treatment Plants ADDENDUM #1A The purpose of this addendum is to provide additional clarification to the original question addressed in Addendum #1 and consists of the following: Question #l: What types of polymers are used? What is the existing price /pound or gallon of the product? Answer #1: The polymer used at the Water Reclaim Facility is a cationic charge water - soluble polymer for dewatering wastewater sludge through our belt filter press. The current price is $10.47 /gallon, in 55 gallon containers @ 42% active content. Answer #IA: The polymer used at the Water Plant uses Ft. Bend Services FBS A730, Anionic, d!y,Mlymer, with a 30 positive charge. The current price is $1.21 /lb. All other terms and conditions of this ITB remain unchanged. This Addendum shall be considered an integral part of the Bid and Contract Documents and this Addendum must be acknowledged, signed and returned with your submittal by 2:30 v.m. on 915112. Failure to comply will result in disqualification of your bid. Lenora Darden, CPPB Buyer City of Stuart, Florida Acknowledgement is hereby made of Addendum #iA ( Revison) to ITB #2012 -278, Chemicals: Water Treatment/Wastewater Treatment Plants. Signature g1.3o1�2 • Date 7-G -1 -,,e r- Xr�N57FrCs� Firm Email Address Revision IA: ri732012- 278Chemicals: WTP /WWTP Page I of I MEMORANDUM TO: Mayor and City Commissioners FROM: John Bullard, Water Treat Plant Manager Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: October 23, 2013 SUBJECT: AGENDA ITEM 8.Y.3 - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 PURCHASE AWARD/ THE DUMONT COMPANY. INC. ITEM BEFORE COMMISSION The item before Commission is to approve an annual renewal of the contract with The Dumont Company, Inc. for the purchase and delivery of Hydrofluorosilicic Acid for the Water Treatment Plant, at an estimated annual cost of $42,500.00, per City of Delray Beach Bid #2013 -01. BACKGROUND Hydrofluorosilic Acid (fluoride) is used for fluoridation of drinking water. Since it is a manufactured product, it is very low in heavy metals, therefore making it a good choice as a source of fluoride while minimizing the addition of other undesirable elements to the water system. Less than 1 mg /l of fluoride is added through the treatment process. In August 2012, the City solicited for the purchase and delivery of fluoride through a competitive bid process, Bid #2013 -01. On November 6, 2012, City Commission awarded a contract to The Dumont Company (Dumont) for the delivery of fluoride, executed December 11, 2012. The contract is on an annual basis to coincide with funding availability from operating budgets. There are two annual renewals available, through Fiscal Year 2015. Dumont has agreed to extend the terms and conditions of the contract for fiscal year 2014 at the contracted rate of $2.90 per gallon. The estimated annual usage for fiscal year 2014 is 14,650 gallons ($2.90 /gal x 14,650 gal), or $42,500. FUNDING SOURCE Funding is available from 441- 5122 -536 -52.21 (Operating Supplies /Chemicals). RECOMMENDATION Staff recommends renewal of the contract with The Dumont Company for purchase and delivery of Fluoride at an estimated annual cost of $42,500 for use at the City of Delray Beach Water Treatment Plant. [R4 OF DELRAY BEACH DELRAY BEACH blftd All- AmericaCity r� 1993 2001 Ronald H. Cartwright, President The Dumont Company, Inc. 381 S. Central Avenue Oviedo, Florida 33413 900 N.W. ?St AVENUE • DELRAY BEACH, FLORIDA 33144 October 04, 2013 REF: Bid #2013 -01 — Fumish and Delivery of Hydroflusilicic Acid 1st- One Year Renewal Option Annual contract Dear Mr. Cartwright; The annual contract for the above referenced Bid expires on December 10, 2013. a 561l243 -7000 Per page #4, Section 20 "Renewal" of the General Conditions of this bid package, `The City may renew the contract, at the same terms, conditions, and prices for two (2) consecutive terms of one (1) year subject to vendor(s) acceptance, satisfactory performance and determination that renewal will be in the best interest of the City ". Please advise if this one (1) extension of your executed contract at prices dated December 06, 2011 would be acceptable. Please respond by signing below and retuming one original copy to my attention, Patsy Nadal, Purchasing Division, City of Delray Beach, 100 N.W. First Avenue, Delray Beach, Florida, 33444 or by email: nadal Mmvdelravbeach.com. Sincerely, 1a ZL, atsy Na I, urchasing Manager heLar o the one (1) y ear extension of the subject Bid El I a ro i e 1} 4on of the subject Bid loigl r3 i Aature 00, �J Date Name (print) cc: David Boyd, Finance Director Victor Majtenyi, Interim Director of Environmental Services John Bullard, Water treatment Plant Manager Gloria Montgomery, Staff Assistant 11 ERVTC'E ' PEP P'OF'MANICE " NTh- GPITY INl` OVAT(VF - T FAM,,,vf7Pr r CITY OF DELRAY BEACH 100 NW I" AVENUE, DELRAY BEACH, FL 33444 BID No. 2013 -01 FURNISH AND DELIVERY OF HYDROFLUOSILICIC ACID ANNUAL CONTRACT MAYOR VICE MAYOR DEPUTY VICE MAYOR COMMISSIONER COMMISSIONER CITY MANAGER - NELSON S. McDUFFIE - THOMAS CARNEY -ADAM FRANKEL - ANGELETA GRAY -AL JACQUET -DAVID HARDEN j Purchasing Division* Finance Department *(561) 243. 7161 *Fax (561) 243 -7166 rl ,} CITY OF DEL RAY BEACH INVITATION TO BID Bid. No, 2013-01 Furnish And Delivery I- iydrofluosilicic Acid Annual Contract Invitation to Bid i General Conditions, Instructions and Information 2-5 Indemnity /Hold Harmless Agreement 6 Cone Of Silence 7 Insurance Requirements 8 Insurance Form Samples 9 Standard Form of Agreement 10-14 Corporate Achnowledgment i5 Certificate (if Corporation) 16 Specifications 17-19 Schedule of Pricing 20 Drug Free Workplace Certification 21 References 22 Bid Signature f=orm 23 Statement of No Bid 24 Attachment (A) 25 Bid No. 2013 -01 Furnish and Delivery of Hydroflosilicic Acid r4 CITY DE DEL RAY BEACH PURCHASING OFFICE 100 N.W. 1st AVENUE DELRAY BEACH, FL 33444 (561) 243 - 716117163 1 Fax: (561) 243 -7166 BID No: 2012 -01 DATE: August 13 2012 TITLE: Furnish and Delivery of Hydrofluosilicic Acid -- Annual Contract BIDS MUST BE RECEIVED ON OR BEFORE: _MONDAY, SEPTEMBER 10, 2092, prior to 2:00 P.M., at which time ali bids will be publicly opened and read. INVITATION TO DID This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and /or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. SEALED BIDS: Bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 NW 1$` Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: VENDOR 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. RETURN ONE (1) ORIGINAL AND ONE (1) COPY of required bid sheets. Any failure on the part of the.vendor to comply with the ensuing conditions and specifications shall be reason for termination of contract. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of sixty (60) days from the last date for receiving of bids for acceptance of its bid by the City Manager and /or City Commission. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and /or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions. Bid No. 20]3 -01 Furnish and Delivery of Hydroflosilicic Acid GENERAL C®N®ITf®NS9 INSYRUCTA®NS AND INFORMATION SUBMISSION AND RECEIPT OF BIDS: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation to Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D. All bids MUST be-signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only. 3. PRICES: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. if at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. D. The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DELIVERY: A. All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid P,-ice. Failure to do so may be cause for rejection of bid. B. Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) at the time(s) specified on !yid form. 5. BRAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. Bid No, 2013 -01 Furnish and Delivery of Hydroflosilicic Acid 6. QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 7. SAMPLES: Samples, when requested, must be. furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. ACCEPTANCE: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order.upon written notice to the seller and return product to seller at the seller's expense. 9. DEFAULT PRQVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 10. COPYRIGHTS .OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights -in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 11. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. B. Whenever a bid is' sought and services secured for any type of on -site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 12. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 14. LIABILITY INSURANCE LICENSES AND PERMITS: A. PERMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work. B. LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain an Occupational License before a Notice to Proceed will be issued. C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rating no less than A -, VII or better. If you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City's Risk Management Office at (581) 243 -7150. See pages 13 for Insurance Requirements. A "sample" certificate has been attached. Bid No. 2013-0) Furnish and Delivery of Hydroflosilicie Acid 15. SPECIFICATIONS: A. For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the material /service from use as specified will not relieve the bidder from responsibility. 16. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and /or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all 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 Worm and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified upon request. State Sales Tax Exemption Certificate No. 85- 8012621559C -4 appears on each purchase order. 18. 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. 19. EXCEPTIONS TO CONDITIONS, 1 THRU 18 Boiler Plate): Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 20. RENEWAL: The City Manager may renew the contract, at the same terms, conditions, and prices, TWO (2) consecutive term(s) of ONE (1) year(s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 21. ANTI - COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. C. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 22. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of its' branches. 23. NON - DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, caior, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment; upgrading, demotion, or transfer; recruitment advertising; layoff or termination-, rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. Bid No. 201 3 -0 i Furnish and Delivery of Hydroflosili, -ic Acid 24. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, vendor, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. Bid No. 2013 -01 Furnish and Delivery of Hydroflosilicic Acid KNOENNOTf1HOLD 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 G NJ4UIL - art "ignati PV e6l d evl f (1 Sid No. 201,3 -01 Furnish and Delivery of Hydroflositicic Acid 0 DOME ®IF SILIENME Bidders are advised that a bidder or anyone representing the bidder cannot communicate with any City Commissioner, or any City employee, other than the City employees located in the Purchasing Department, regarding its bid, i.e., a "Cone of Silence ". The "Cone of Silence" is in effect from the dateltime that the bid is placed on "Demandstar" by the City. The "Cone of Silence" will terminate upon the bid opening. However, bidders may communicate with City employees who are present at a mandatory pre -bid meeting during the actual pre -bid meeting. Once the pre -bid meeting is over, bidders may only communicate with employees of the Purchasing Division_ Contractor's Name i �1 - 6 LSignatu tea! d, 'A . 0u-t+W r t Bid No. 2013 -01 Furnish and Delivery of t3ydroflosilicic Acid 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. 3. Business Auto Policy - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non -Owned Vehicles. d) Employer Non - Ownership. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in he 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 i isurance is being furnished, and shall state that such insurance is required by such paragraphs of this contract. The successful bidder will include the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate ". Bid No. 2013 -01 Furnish and Delivery of Hydrotlosilicic. Acid Attachment I, 1 of 3 ACORD. CERTIFICATE OF LIABILITY INSURANCE Mwimwayn n PRODUCER Good Insurance, Inc. P.O.. Box A -1 Best City, USA 00000 THIS CERTIFICATE IS ESSUE 0 AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLEJER, THIS CERTIFICATE OOFt5 NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDINGCOYERAGIS NAJCa" SNStJR W Willing Workers Assoc. ABC Drive Anytoum, USA 00001 MSUNERA: A RisURER 6: OUNERALLMNTSTT OOM ffRCKOENePM L"VUTY R,•suRExc: 01/01/10 Ayj jER ll Eu.�fCOQ#;RFMC>= R{SUmR e REAtl 4THE POLICIESCFINSURAI JOELWTEDBEL -MV & VEUEENISSUEDTOTHEJNSURFDNAMEDABOVEFORTHEPOLI CYPER IODINOICATED.IJOTVIITHSTANY]ING lWY RECLJIREMENT, TERM 04 ODNDMON-OF ANY CONTRAGT OR OTHER 000UMENT T47ni RESPECT TO WHICH THIS GF_RT'IFK ATE MAY 98 [$&UFO OR MAY PERTAJN, THE INSURANCE AFFORDED BY TYi5 POUaCS DESCR}sED HEREIN i5 SUBJECT TO ALLTHETMAS, EXMUSIONS ANDCO ITION-S OF SUCH POLICIES. AGGREGATE UFATSSHOWN MAYHAVE BEEN REDUVEp BY PAID CLAIMS. wsK 100 ,W 1st AVENUE T'YP tOSTFY NVYSFR POLI4i'EFFE 'E "TiR4i19N ON= A OUNERALLMNTSTT OOM ffRCKOENePM L"VUTY GLP077604 01/01/10 OI /O1/11 Eu.�fCOQ#;RFMC>= S S ,000 REAtl E YEO E36'(%vYme S ElCWAeS AtA.OE OCCUR PERSONAL &ADVUULMY S ' GENERA1AUGREOATE S Y GE?rLA.Cr4MNTELd= APMI SFER� PRODUMS•CO,,WP ?PAGG 7 POLICY PROS LOC JECT A AVTOYOFNLE X UlABLrTY ANYAUTO ALP077606 01/01/10 01/01/11 G0111B�iFD biNGIJ= LJIM (F4T004,A ° X300; =000 DO0UlVJJRY (P "W�4 F . ALL(MUMAVTOs SCI OAVTOS RUOM.YINANty <>'INi ixq S RRMAUT05 IK IDWHEDAUTOS - PROPSMOAAUa'_ S f' - ' gA,iA4EWWlJ i'f ... AUTO ONLY. EAALiCT �0T7l ; =Ji TFi1JJ PEAACC AUYD ONLY: AUG i A}iYAUK: x EXGE6WJW8RELLAL!A3Uff OCCUR 0 CLASUS; NEADO FACHOCURFTENCE - S AGUKEOATE . i PeDVCi1DL£ $ REPENT" S B WORKERS CU,LPEII6FITWHANQ EFLFLQYEP.FLIA.DXwy my OfF'•CER1 U4&EREXCWDED7 WLP077606 03/01/10 03/01/11 t7C B7A7 OTT FR ELEACt1ACCFUC-w s 100 000 E3.OfSEASE. EA EMPLOYEE f 100,000 WPRO'ASIOItSA`vx F1. DLST'.A51 =. POt -d =Y L,LIiT , 500,000 OTHER Pc6G1Rfi f WNOFfTPFRAT30NS1 LOCAY14316f YEFGi.'LFS F ESCLVS'14N5 AD7ED Y1' Ex CUZCEiIEFIf F6PEgAl pii0'rSSSf}HS THIS TNSURAHCE APPLICABLE TO (state project) *CITY OF DELRAY BEACH IS ADDITIONAL INSURED — see attached endorsement. CITY OF DELRAY BEACH -. SHOD b AWOFTRE ABOVE QESCRIM POLE "QE CAPCELLEO6 ORE THE EYPFRATFON 11tTE TTtEnLOF. THE Isiwlc FFau+�n v+aLENQEAVOR To LLUL 30 pAYS wRITTETI 100 ,W 1st AVENUE H4TICi T07NE[fi71FYATE Hp_DER NASIEO TO TYE LET, 9VTFAEVRE TO GU SO iHAi1 DELRAY BEACH, FL 33444 M QN NO ObUGATIOK OR LLKW.RY OF ANY KENO UPON TJIR INSURER Ri ACCIM OR R5NkWHTATWES ALONOWZEO NE RE5EIITATTYE AWKUlS {ZDDiJDFJ} Bid No. 2013 -01 Furnish and Delivery of Hydrof3osilicic Acid W AWVL k VNVVTtA 1 Fun IUQQ STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this / day of D� 20Lr by and between the CITY OF DEL.RAY BEACH (hereinafter called CITY) and -1-h a>Y►t (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS Invitation to Bid General Conditions, Instructions and Information indemnity /Hold Harmless Agreement Cone of Silence Insurance Requirements Insurance form Sample Standard Form of Agreement Corporate Acknowledgment Certificate (If Corporation) Specifications Schedule of Pricing Drug Free Work Place Certification References Bid Signature Form Statement of No Bid Attachment "A' Bid No. 2013 -01 Furnish and Deliver, of Hydrofiosilicie Acid PAGE NUMBERS 1 2 -5 6 7 8 9 10 -14 15 16 17 -19 20 21 22 23 24 25 Addenda numbers W to , inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract small commence on the date indicated on the Notice to Proceed. 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 Defray Beach, FL 100 NW 1 st Avenue Delray Beach, FL 33444 As to CONTRACTOR: f � e +,1 u,lrn.�►2� �r�W ��� 0 V e-do l 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. Bid No. 2013 -01 Furnish and Delivery of Hydroflosilicic Acid 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by -laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. Bid No. 2013 -01 Furnish and Delivery of Hydroflosilicic Acid The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. }aid No. 201 3 -01 Furnish and Delivery of Hydroflosilicic Acid IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to form: a City Attorney WITNESS: i i (Print or type name and title) CITY OF DELRAY BEAC An Nelson S. McDuffie, May�br 4) Ct fl. "VUjL+' (Print or type name and title)' (SEAL) Bid No. 2013 -0; Furnish and DeliveD, of Hydroflosilicic Acid CORPORATE ACKNOWLEDGMENT STATE OF COUNTY of �- emlri0i� The foregoing instrument was acknowledged before me this 13 day of 1 i r' a gr,6. (name of NOVP,�yI I�PX , 20�_, by &JG— )-� . C officer or agent, title of officer or agent), of RN Ira— (state or place of incorporation) corporation, on behalf of the corporation. &She is (personally known to me) (or has produced identification) and has useddi her (t �o'td�ntification) as identification. YFLm - . Signature of Person Taking Acknowledgment MARCIA A, STIVANSM !HCOMMIMIM EE 179182 w EXPIRES; April 20, 2016 Name o 'A-C iowledger Typed, Printed or Stamped Bid No. 2013 -01 Furnish and Delivery of Hydroilosilicic Acid CERTIFICATE (If Corporation) STATE OF FLORIDA ) // ) SS COUNTY OFD emi note ) HER BY CERTIFY that a meeting of the Board of Directors of 7—he- ,F A W'v\f I par)�k,_J-ne— , a corporation under the laws of the State of "f 0 r I held on t�oVern b,r I , 20 the following resolution was duly passed and adopted: "RESOLVED ", that &0i' President of the corporation, he/she is her 66y 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 I3 day of ,fjoVem 10--er ) 201A. (S tr Lary) (Seal) Bid No. 2013 -01 Furnish and Delivery of Hydrol7osilicic Acid c; CITV OF DEL RAY BEACH BID N®* 2013-00 SPECIFICATIONS A. PURPOSE: The purpose and intent of this "Invitation to Bid" is to establish an open -end (blanket) contract to provide Hydrofluosilicic Acid for the City of Delray Beach Water Treatment Plant, 200 S.W. 6'h Street, Delray Beach, Florida, 33444. Service and good quality are of primary concern. Bidders with low standards for either service or quality will be judged to be non - responsible and their bids non- responsive. No bid will be accepted if it offers lower standards of material and /or workmanship than is described herein. B. NOTICE OF AWARD: It is and shall be understood and agreed that a Contract shall be deemed to be awarded and validly entered into between the successful Bidder and the City when written notice has been given the awarded by the City through its authorized agent, and purchase order shall be issued to the Bidder covering the same. Contract shall be awarded to the Bidder who demonstrates compliance with bid specifications, capability to perform according to the terms of the Contract, and responsibility with current clients. Reference check, review of equipment, examination of financial stability, and personal interview will be considered together with price in contract award. C. COMPENTENCY OF BIDDERS: Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in the Bid Invitation and who can produce evidence that they have established satisfactory record of performance for a reasonable period of time; have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The term "equipment" and 'organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City of Delray Beach. D. VENDOR SERVICE REPRESENTATIVE: The Bidder shall submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for information and for the coordination of service. A contact for both regular work -hours and after - hours, weekends, and holidays must be identified. E. SAFETY STANDARDS — PROTECTION OF PROPERTY: Unless otherwise stipulated in the bid, all labor, materials, supplies and /or services shall comply with any /and all applicable O.S.H.A. standards. The Successful Bidder shall, at all times, guard against damage or loss to the property of the City of Delray Beach, or of other vendors or contractors and shall be held responsible for replacing or repairing any such loss or damage. The City of Delray Beach may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or damage to property through negligence of the successful Bidder or his/her agents. F. PERMITS /LICENSESIFEES: Any permits, licenses, or fees required will be the responsibility of the Contractor; no separate payment will be made. Adherence to applicable code regulations, (Federal, State, County, City) are the responsibility of the Contractor. G. FIRM PRICE: The City requires a firm fixed price on the unit price(s) as bid for the Contract period. H. CONTRACT TERM: Term of the Contract shall be one (1) year commencing on /or about Oct. 1, 2012, and expiring one (1) year later. The city reserves the right to renew the contract for two (2) consecutive terms(s) of one (1) year(s) per paragraph #20 of the General Conditions of this bid. QUANTITIES: Quantities stated on Bid Form (Schedule of Pricing) are estimates only. No guarantee is given as to the actual quantities that will be needed. Estimated quantities are based upon previous needs and estimated usage for a twelve (12) month period. Said estimated quantities may be used for purpose of evaluating the low bidder meeting specifications by the City. Bid No. 2013 -01 Furnish and Delivery of Hydroflosilicic Acid J. DELIVERY: All prices to be quoted F,O.B. Delivered Destination, City of Delray Beach, Water Treatment Plant, 200 S.W. 6`h Street, Delray Beach, Florida, 33444, contact person — John Bullard, Manager of Water Treatment Plant at 561 - 243 -7318. K. ALTERNATES: For purpose of bid evaluation, Bidder(s) must indicate any variance to the specifications, terms, and conditions, NO MATTER HOW SLIGHT on the Bid Form. If variations are not stated on the Bid Form, it shall be construed that the Bid fully complies with the specifications, terms, and conditions as given herein. L. TERMINATION: This AGREEMENT may be terminated by either party by seven (7) calendar days' prior written notice, in 'the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CONTRACTOR and the CITY shall also have a right to terminate this AGREEMENT for convenience at any time by providing thirty (30) calendar days written notice to either one or the other. M. COOPERATIVE PURCHASING AGREEMENTS: State on Bid Form if you will extend the same price, terms, and conditions of this bid to other Palm Beach Governmental agencies. (Page 21) N. INFORMATION: Any questions in regards to the Detailed Specifications of this bid should be addressed to John Bullard, Manager, Water Treatment Plant at (561) 243 -7318. Any questions to the submission of your bid should be addressed to Patsy Nadal, Purchasing Manager, at (561) 243 -7161, nada.l@mydelraybeach.com. O. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a convicting for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, vendor, subcontractor, or a consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold of 36 monhts from the date of being placed on the convicted vendor list. P. SPECIFICATION I PRODUCT STANDARDS: Hydrofluosilicic Acid (HFS) delivered under this contract shall be a minimum of 23% as H2SiF6 with a specific gravity ranging from 1.19 — 1.22. Vendor shall quote a single price per gallon for a solution that is a minimum of 23 %; adjusted pricing for solutions stronger than the minimum will not be accepted. The HFS shall conform to all requirements of AWWA B- 703 -08 as a minimum. However, product delivered under this contract shall have an appearance of "water white" and must have less than 10 units of color which exceeds the AWWA color standard. Brown or reddish color will not be accepted and the delivery shall be rejected. Vendor shall be prepared to provide the utility with a sample prior to offloading so that utility staff can ascertain the clarity of the product and ensure compliance with this specification. To assure that there is no contamination in the HFS, the product will be final filtered through a 1 micron filter. The HFS shall be certified by a third parry ANSI accredited agency to meet all of the requirements of ANSI/NSF Standard 60 for Drinking Water. In addition, the product shall be delivered directly to the customer's tank with no break in the chain of custody. Bidder shall state how the delivery will be done in order to protect the chain of custody. The HFS delivered under this contract shall have less than .01 Heavy Metals expressed as "% as Pb ". In addition, it shall have no more than .0005% of arsenic (5 ppm). The utility reserves the right to test the delivered product for heavy metals and arsenic based on a sample pulled from the delivery container with a third party laboratory. In the event the third party sample levels are higher than specified, the Vendor shall pump out all of the HFS from the storage tanks within 48 hours of notification and replace the HFS with a compliant product within 72 hours. ESTIMATED VOLUME: The total anticipated annual volume (not guaranteed) is 20,000 gallons. Bid No. 2013 -01 Furnish and Delivery of Hydroflosilicic Acid VENDOR SUPPORT: Vendor must be able to direct fill storage tanks on a routine delivery and also be able to deliver a minimum of 500 gallons and a maximum of 2500 gallons. Normal deliveries shall take place within 5 days from receipt of order and emergency deliveries shall be made within 12 hours of notification that the emergency exists. There shall be no extra charge for emergency deliveries. Vendor will provide an Account Manager who possesses the knowledge and experience to assist the department with technical information regarding the general operation of a fluoridation system. The Contact must visit the treatment plants at a minimum of two (2) times per year to coordinate safety, delivery, training, trouble shooting, inspection of tanks and evaluation of the complete fluoridation process. in addition, the Account Manager must be available onsite within four hours in the event of an emergency. A resume of the proposed Account Manager shall be included with the bid for the purposes of evaluation. Vendor must be able to provide bulk tanks in an emergency event if current bulk storage tanks need to be repaired or replaced. Vendor also must have the capabilities of responding to emergencies such as leaks of storage tanks, piping etc. and have either a licensed plumbing or general contractor with prior experience with chemical tanks and plumbing, when and if called on by the utility. Vendor must provide a formal evaluation of the utilities fluoridation program annually, by a qualified individual such as a Florida Licensed Water Operator or Degreed Technician. A written report shall be given to the department as a result of the evaluation. Vendor will make deliveries between the business hours of 8:00 AM and 3:00 PM, Monday through Friday and be able to make emergency deliveries afterhours, weekends and Holidays when needed. The Vendor shall be responsible for any and all spills resulting from failure of its delivery equipment. SUBMITTALS: The Proposer must submit the following items with their response. Failure to submit any of the below - listed items may result in a Vendor's proposal being considered non - responsive: • General Information on Vendor including locations and resources available_ to support this contract. • Name, contact information and resume of Vendor's local Account Manager to facilitate emergency response. • Resumes of all of Vendor's "Key" personnel to include additional support and Technical Representatives who would be assisting the utility. Manufacturer's Location and description of manufacturing operations. • Distributor's Location (if applicable) and description of resources. • Documentation of ANSUNSF Standard 60 for Drinking Water certification for manufacturer, distributor and delivering party, if they are different. • Certificate of Analysis describing the composition of the product showing the maximum levels and typical levels of components. Four (4) References where the Vendor delivers or has delivered HFS for at least two (2) of the past five (5) years. Must include the name, title and phone number of individual who can attest to Vendor's reliability, quality of product, safety record and service. All references must be either water treatment - supervisors, superintendents, managers or directors, purchasing agents shall not be considered as a reference. References should be utilities that are operating a fluoridation system similar in size and scope to the City of Delray Beach. PROPOSAL EVALUATION: The,City of Delray shall consider the Vendor's s quality, safety record, reliability, information obtained by speaking with references and previous performance in the industry when awarding the contract for this product. Bid No. 2013 -01 Furnish and Delivery of Hydroflosilicic Acid - COVY OF DELRAY REACH BID N®. 2013-01 SCHR®IVILE OF PRICING FORM FURNISH AND DELIVERY OF HYDROFLU®SILICIC ACID ANNUAL CONTRACT DID # 2013 -01 ALL PRICES TO BE F.O.R. DELIVERED TO THE CITY OF DELRAY BEACH, WATER TREATMENT PLANT, 200 S.W. 61" STREET, DELRAY BEACH, FLORIDA, 33444. ESTIMATED ANNUAL USAGE: 20,000 GALLONS (not guaranteed) UNIT PRICE FOR HYDROFLUOSILICIC ACID DELIVERED PRICE PER GALLON: . DELIVERY IN $ '�?_ao per gallon 3 -C CALENDAR DAYS AFTER RECEIPT OF ORDER. • WILL EXTEND THE SAME PRICE, TERMS AND CONDITIONS OF THIS BID TO OTHER PALM BEACH GOVERNMENTAL AGENCIES. �4 Yes ❑ No STATE ANY /ALL ADDITIONAL CHARGES (if applicable) neon Bid No. 2013 -01 Furnish and Delivery of Hydroflosilicic Acid DRUG FREE WORNP CE CERTIFICATION FURNISH AND DELIVERY OF HYDROFLU+1 SI L ICIC ACID ANNUA1L. CONTRACT BID # 2013 -01 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 -tree 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, [ 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 noio 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. [A 11 . -r G Contractor's Name tl e Lti V , G�CM\4 S ignature) Hid No. 2013 -01 Fumish and Delivery of Hydroflosilicic Acid Edd 2002 -510 rUHURSH AND DrKI IAiVl R'y OF In- Y1014"Y &�e�v�ttae>���� ANNUAL VOWIRRIMW AD 9 2®13 -01 "Please complete this page or attach your reference page to this sheet. Address City, State, Zip Contact Person Telephone Dates of Service. Type of Service Comments: Ag enc ICom an Address City, State Zip city, State, ZIP Contact Person Telephone Date (S) of Service Dates of Service Type of Service Comments: A enc 1Com an Address City, State Zip Contact Person Telephone Date (S) of Service T of Service Comments: r Contractors Name: ' '�� I" �� )-IL 1 Bid No. 2013 -01 Furnish and Delivery of Hydroflosilieic Acid References Hydrofluosilicic Acid Bid #2013 -01 Bay County Utilities 3410 Transmitter Road Don Hamm 850 -819 -5202 Panama City, FL 32404 Chief Operator City of Tallahassee 3805 Springhill Road Gary Wallace 850 -694 -8128 Tallahassee, FL 32305 Chief Operator ToHo Water Authority 101 N. Church St Bob Powers 407 - 944 -5000 Kissimmee, FL 34741 Operations Supervisor -Wtr Fort Pierce Utilities Authority 715 Is, 25th Street Derek Furness 772 - 466 -1600 Fort Pierce, FL 34950 Water Resource Supervisor CITY OF DEL RAY DID SIGNATURE FORM rURNISH AND DELIEVERY 01' HYDnoFLU®SILICIC ACID ANNUAL CONTRACT DID # 2012 -01 PLEASE AFFIX SIGNATURE WHERE INDICATED AILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and with full understanding of the conditions governing this bid he- *Name of Bidder (Firm Name as Registered with their /�State of origin) A Business Address: 3g i S . Ce -i4yuL vg Street Address (P.O. Box Address is not permitted) CI c� o City, State, Zip Mailing Address: (Xf Check if Same as Business Address above Street Address City, State, Zip Authorized Signature (Written) &OCL 4. 04�(�tA) r t Ir�h rd�rr`f" Print Name and Title of PersorCAignin ' this Form Sao- 33o- f3lgr_. 9 0 - 5a� ~g3rs - - Date Telephone LL� 1 Fax No. Email Address: rc, t- C-� e-M ! , VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER CONTACT NAME: t !S �I e-m ! YW TELEPHONE: EMAIL ADDRESS: Bid No. 2013 -01 Furnish and Delivery of liydroflosilicic Acid CITY OF DELRI4Y STATEMENT OF NO BID FURNISH AND DELIVERY or HYZIROFLUOSILIICIC ACID ANNUAL CONTRACT HID # 2013 -01 If you are not bidding on this servicelcommodity, please complete and return this form to: City of Delray Beach Purchasing Department, 100 NW 1st Avenue, Delray Beach, Florida 33444. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Delray Beach. VENDOR NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: /ll A Minority Owned Business: ( ) Black ( ) Hispanic ( ) Woman ( ) Other We, the undersigned have declined to bid on Bid No. 2013 -01 due to the following reason(s): Specifications too "tight ", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) Remarks /Other: Bid No. 2013 -01 Furnish and Delivery of Hydroflosilicic Acid rTA-CH..MEtA`% Bid No. 2013 -01 Fiunish and Delivery of Hydroflosilicic Acid Page I of I City of Da0ray Beach BID TABULATION Bid Number: # 2009 -35 Bid O eni g Date., June 11, 2009 Posting Time: 2:00 PM Bid Title: BURNISH AND DELIVERY OF HY0DR0,F7- U0S1L1C1C ACM - ANNUAL COM7RACT (J apn x Bid. City ®i Delray Beach and Clfly of W -St Paff n Beach) Vendor Uroit Price Delivered Addition Charges Contact Per GaHon (1-F Appiicable) The ®lA7D➢ ®B�$ Company, Inc. $ 2.9© Norge Ron Cartwright (407) 365 -8222 Harcros Chernica9s, Inc. $ 3.23 Name 1 Carla Birdweli (800) 282 -5047 NOTES: i Remarks" Offers from the vendors listed herein are the on y offers received timely as of the above open-mg date and tierce. ITJL�r f Warehouse Locations The Dumont Company has 8 -full service warehouses located throughout the state: Apopka Distribution Center: 2263 Clark Street Apopka, FL 32703 Oviedo Warehouse: 812 Eyrie Drive Oviedo, FL 32765 Tarrytown Warehouse: 13825 SR 471 Webster, FL 33597 Starke Warehouse: 419 Edwards Drive Starke, FL 32091 Big Pine Key Warehouse: 100 Industrial Road Trucks Big Pine Key, FL 33043 Hollywood Warehouse: 5705 Dewey Street Hollywood, FL 33023 -1917 Labelle Warehouse: 871 Industrial Court Labelle, FL 33935 Monticello W4rehppse: 33 Too Long Keen Road Monticello, FL 32344 (1) Distribution Manager (1) Manufacturing Coordinator (2) Drivers (3) Trucks (1) Manager (4) Drivers (5) Trucks (1) Manager (3) Drivers (4) Trucks (1) Manager (3) Drivers (4) Trucks (1) Manager/Driver (2) Trucks (1) Manager (2) Drivers (3) Tucks (1) Manager (3) Drivers (5) Trucks (1) Manager/Driver (2) Trucks HFS Manufacturiniz Process Fluoridation Dumont actually manufactures Hydrofluosilicic Acid in a water white solution for use in an effective fluoridation prograin. It is an extremely high quality product with low levels of heavy metals and arsenic. It is commonly delivered using our mini -bulk delivery system. Dumont's HFS 2300 Manufacturing Process While it is true that most HFS used in the US comes from a by- product stream from phosphate mining, Dumont can assure you that this is not true of the HFS 2300 which we distribute. The following information has been prepared so that you can have a good understanding of Dumont's process: Source of Raw Materials We import the raw materials fi•om Spain where it begins by being mined from fluorspar deposits by a company by the name of Derivados del Fluor. This is very different from the more common source in the US where the HFS is taken from a by- product stream from phosphate mining. Beginning with the mined product, Derivados then manufactures the final product to drinking water standards. They have a Health Registration number which is the method used to certify products in Europe similar to NSF and they are ISO 9000 certified. They are a major supplier of HFS in Europe. (See Derivados website at wwwAdfluor.coni ) Transporting A highly concentrated solution of the final product is shipped in polyethylene tote containers inside a sealed ocean container and ultimately delivered to our facility in Apopka, Florida. Processing by Dumont Dumont dilutes the concentrated solution to the 23% level which is the most commonly used solution in the US. The product is then stored in large polyethylene tanks and finally packaged in drums, totes or shipped in tankers to the final destination. This entire manufacturing process is visited twice a year unannounced by Underwriter's Laboratory (UL). UL is the ANSI accredited agency that certifies that the raw materials and manufacturing process meet all requirements of the NSF Standard 60 for Drinking Water. During these visits, the entire process is observed and samples are taken of finished product for extensive testing in the UL laboratories. The Dumont Company, Inc. --381 S. Central Ave., Oviedo, FL 32765 800 -330 -1369 FAX: 800 -524 -9315 Contaminants The most common contaminant associated with HFS is Arsenic. We are fortunate that the area where the fluorospar is mined in Spain has a very low content of Arsenic. The Dumont HFS 2300 typically contains only 1 ppm of Arsenic while the more common phosphate mining by- product material contains up to 35 ppm. Tn addition, the total Heavy Metals content is less than half that of the by- product material. Summary The HFS 2300 is the highest quality Hydrofluosilicic Acid that is currently available in the US. It is water white and low in Arsenic and Heavy Metals. This higher level of quality is achievable since it is not just a by- product of another process, but is a manufactured product that is designed for use in public drinking water systems. Many utilities have chosen to use this high quality form of HFS in their system removing one of the most significant criticisms most often voiced by the critics of using Fluoride. Contact Dumont's technical team for more information on Dumont's HFS 2300. The Dumont Company, Inc. -- 381 S. Central Ave., Oviedo, FL 32765 800 -330 -1369 FAX: 800 -524 -9315 September 6, 2012 RE: Bid #2013 -01 City of Delray Beach Subject: Office Hours /Contact Person & 2417 Telephone Number The Dumont Company's office hours are as follows: • Monday —Friday: 8:00pm — 5:00pm Your point of contact will be Kenny Williams, Technical Development Manager and can be reached at: • Office: 800- 330 -1369 • Cell: 352 -303 -5773. Dumont's 800 number (800 - 330 -1369) is answered 2417 by a "real person" answering service during off hours /holidays which enables them to get in touch with someone from our management team within minutes to handle technical and safety concerns. Donald H. C ight, President The Dumont Ceftau, Inc. 381 South Central Avenue, Oviedo, FL 32765 Phone: 800-330-1369 Fax: 800-524-9315 SEP -07 --2010 13:10 Dumont Chemicals 440 C.R 416 S Lake Panasofttcee, FL 33336 Ku ot- - [' r h gininn'�)y" & Mf 1109RARMS (352) 793 -,9018 Home 13521 303 - 5773 Cell Objective F.�cel in the Water and wastewater industry lhrclugh the opptirtutlity tcl >Nor1, with facilitica W help inlpru"'e ld wastewater systems through evel�,- phase nf'operation. maintenanut', and nlatl.ipcment. t believe my Outgoing personality _ eNperience itl operation, ellenlit;tlls and work witil engitleers, 1=0M and SWI:WM1) pr�av itic the v +ills the sl.ills ne- cessar)' to aISMS1 water treatment, v% -titer distribution, and water duality and compiiancec:onc:enls_ Experience 2007 • Present Dumont Chemicals C: ustoflier Service Teellnician A5Siwt natter and wastewattur systems by prvlviding nec:essaarn chemicals nccded to effectively treat the source. Primam, resptiosibilitics include llelpinv, facility operators solve or enhance treatinent by the most effective and eeonomival way available, I-ropbleshooting facilities and FCUOTtlnlending upgrades nc- c:essalN tt7 tlleet compliance witll regulatory agelw} - := - 2007 Florida Rural \i'aitrr Ashuclaltioll State Water t *irc nit Rider Pruvt(fC technicai assislimce to wialcr and wa- ,aCl�,ater s"stenis lilt the Department ol'F.nvirunttlental Protectitlll. The aSSistarlCeS invtllved technical, tjnancial, andl or managurial aspects of system operations_ Examples of technical alssistunc:e conducted through the assistance program included: raw studies, salmpling /monitoring training, openition-, and tllaintenanve troublesh,x)ting; develilprllCnt elf grclundwater protection leach detection, line hwation, business G7peratiMISI e%alttattirin, va ion, treatment tltoublcshooting,, boljrd member training, alld c+perativilal lrailling.. l yyy._rptt? C ity of Bushnell Lead WattY turd Wasaewater Upelwor Responsible fur producing a safe alltj picatsant drinking water at seven ""ter treatment plants find'aperatiM of wa- stc'vater pa%:I,azc plant, KLsrx7nsibilities include daily operation, overseeing construction cif distribulion system and wastewater facility. maintenance issues, sampling, repoiiing, and compliance issues with FDEP and SWF\k'NlD_ 1905 - -199x1 Witlianis Water ind ScAage Trainw # Opei vor i'raine l in Water ;tnd Wastewater. PerfOrmcd n1dintunaulee and ctpt ration un nine package plants and twenty water plaints under lead operltor. P. 00i Education SOLIth Sulliter I IIE,I' 1 S1211001 Departlllent ,)I• r.l» 11'011111e11t,11 PF01eU11011 1.,ovl•k C' �t ,1tite� +. +tcr Ire ttmcr,t, Licensc Nurnber W \V- 0009620 Deparinlent of Envirrlrlrncllt ll Protection Le\ ei C: Drinking NVater Treatment Licewie NU111bkr \'+ W- 001 Z 101 IS- ()0100 Introduetion W the Incident Ctlmrn"rfld 5}stt111 I.,- t)U10UPW Public Works Irlt,•Oductian fL, the Incicierll Command Sy-, I' IntrOCILICti011 tLl the Incident Command � 4tcr11 tier Single Kesources and Initial Action [widents I 00N13ticinAl Incidwil (v'tanLlgenlent`N"Lem Current FAUcatiun LakC City C'otnr11L1nit%. C10IICge Online Water 1 reatmcnt Course: - l,e\,el B [nte t� l:anlil }., churU}1, camping. oiltdoors. Schools Bachelor of Arts in Missions, Evangelisrrl and Church Qrawth through Newburgh Theological Seminary & NewbUrgh College of the Bible Refelvnm Mr. Ron Allcn Mr. Bennie Dedenbaut!h P.1 --._ City of Wildwood l -I &L3 ConsLllling Engineers. Inc. 100 North Main St 410 Fast Belt Auntie M16NL)od, I L 34785 B11shne.lk, FL, 3i5 L' , (3 5 ) 330 -1 349 office (332) 793 -' 1 I3 ul'iiec (35_) 3(1., 2333 mobile Mr, Tom Gustafmill F'Iorida Rural Water As&ociatioli 2970 Wellillgion Cir W, Ste 101 Tallahassee. FL 3 2309-6885 ( 950) 668 -.1746 office Mr Wayne Bryant Pro -Tech Water & Wastewater Services Pa Box 9 Silver Springs. FI- 34488 (352) 236 -24-44 SFF 07- 2010 13:t7 Dumont Chemicals Joel T. Rainey 6740 Palk Lanw Colutr bia. TN 3R401 1 9 ;1 1 940 -0945 OBSECTIVE; Informational EXPVRYENCC: U.S. Aquatech VP _ Operations Prirriar% responsibility for all technical funC[i11ns including manufacturing, 2005 — Present compliance, product cicvulopmerlt. rake material approNals and sales 4upport. U.S. Aquatech is a manufacturer rind supplier kif water treatment chericals fur drinking water as certiticd tender the ANSVNSF Standard 60. Sweetwater Technologies, Tealeettla, CA F.00i VP — ()Pe.ratIons S woetN%ater is a manufacturer and markoler u1 %%U1er trOMIllent chemicals used 1996 —2005 primarily in potable water. As VP. I had oversight of'alI areas ol'the business — manufacturing„ compliance, sales. marketing, perscmM. prOduct development, teehilieni issues, nituticipal bids, ra%k material appro%al; purchasing, etc. CPS Chemical Company, Old Bridge, NJ Regional Sales Manager Manal emimi ofartra sales representatkes in western Norlh America %ka5 the 1995 11196 responsibility in this potiirion. Coordination bet\\een upper management targets and speuili4 solos efluris �tiaS paramount, as \Sell as direct sales support 'M key accounts. The territnr) consisted of s0 I.i.S ~rates, Mexico and %Nestern Canada. Account Fa7ieCUt1l'B Territorial account manilgt MCIIt %ya4 [lie prirrlan focus, directed at increased 1987 1995 sales of specialty chemicals and manufacturing servives. ExWnsi\-c plarnling and organization were paramotint to coordinate travel, appointments, entertainment, etc. The product line consisted of cationic tlocculants sold primaril} through resellers or distributors and specitllty monomers, Champion Technologies, Fresno, TX Group Leader Primary' focus involved mrnagement of ail aspects ul'thz water clarifier and 1986— 1987 reverse emulsion breaker product line. lautics included research and product development in both lab and field settings. interaction with company sales personnel and Major oil company staff along with salving immediate problems on location. Product di svelopnient included synthesis, field evaluaiicon and manufacturing support. SEP -07 -2010 18:17 Dumont Chemicals P. 002 baker Oil Treating, Houston, TX Product Specialist The scope of work centered upon developtrleru of revel -se e[TOUlSiOn hreakers 1984— 9986 and water clarifiers, kold evaluations and manufacturing, consultation. E-ff'orts centerod upon short term projects %vith particular utlention givell to specitle field Situations requlrlog -support and training. New product introduction involved c;ilSt analysis, 14iSDS preparation, rite% material sourcing and manufacturing procedurv, tidviscment. Nalco Chemicsl Conipan.v, Sugar Land, TX Technical Representative Duties as tin outside sales representative invoh-ed finished product additives in 1984 refineries along the Texas gulfcoast_ The product fine eonsisted of dchazers, corrosion inhibitors, sweeteners, stabilizers and v ax modifiers ror high poor crudes, Duties included servicing existent cuStumers and survcying ne" opportunities. Research Chemist Major responsibilities included long term research and de%elopment ofreverbc 1981 - 1984 emulsion breakerq%4ater clarifiers, manufacturing Support during upgrade of new products and technical response toward immediate field problems. Research projects consisted of synthesis, blending, field testing and manufacture upgrade. FDUCAT)iON: 13_S. Chenllstrti, June, 1979. U111versit% offennessee at Martin. Graduated with highest hotiOrs, Post - graduate xwrk, in Medicine, 1979.811, tJniversitl cif T4nnessee Cuawr k)r Health Scicncvs. Memphis, IN. TOTAL P.002 4 4 r y4 September 6, 2012 City of Delray Beach RE: Bid #2013 -01 Hydrofluosilicic Acid Chain of Custody Statement The is to certify that the Chain of Custody regarding the above referenced bid will not be broken because the Dumont Company is the manufacturer, distributor and deliverer of the product. Dumont's personnel loads the company owned trucks and the product is delivered by Dumont employees so at no time would the chain of custody be broken. If you have any further questions please feel free to contact me. Sincer n ld H. eight resident 381 South Central Avenue, Oviedo, FL 32765 Phone: 800 -330 -1369 Fax: 800 -524 -9315 Certificate Number 20090323— MH46303E Report Reference MH46303, March 09, 2008 Issue Date 2009 March 23 Issued to: DUMONT CO INC 381 S CENTRAL, AVE OVIEDO, FL 32765 USA Page i of 1 Underviviters uL Lahavatories hm:, This is to certify that Drinking Water Treatment Chemicals representative samples o f Model Descriptions: HFS 4000, HFS 2300 Hare beery investigated by Untler writers Laboratories fire. ® in accor•clarlee with the Standm•d(s) indicated ou this Cer•tr_'fcate. Stantlard(s) for Safety: The basic standard used to investigate products in this category is ANSI/NSF 60- 2005, "Drinking Water Treatment Chemicals - Health Effects." Additional Iii formation: The following maximum use level restrictions: Maximum Use Product Level m HFS 4000 3.4 HFS 2300 6.0 Only those products bearing the UL Listing 19ark should be considered as being covered by UL's Listing and Follow -Up Service. The UL Listing Mark gene'-ally includes the following elements: the symbol UL in a circle: & with the word "LISTED "; a control number {may be alphanumeric} assigned by UL; and the pE'oduct category name (product identifier) as indicated in the appropriate UL Directory. Look for the UL misting Mark on the product Issued by: �r»r {r•�F�r. Reviewed by: Q)rrrfflri, mazer /E�r.'c% Jim Larin, Gtlstorner Service Specialist Douglas Frederick, Section DVlanager 11 Underwriters Laboratories Inc. Underwriters Laboratories Inc. Any information and documentation involving UL Mark sen ices are provided on behalf of Underwriters Laboratories Inc. (UL) or any authorized f licensee of UL l For questions in The United States of America you may call 1- 877 -UL- HELPS. IIFS 2300 SOLD TO: Typical Analysis Quantity: Trade Name: Hydrofluosilicic Acid Manufactured by: Dumont — Plant #1 USA DUMONT CERTIFICATE OF ANALYSIS Shipping Date: PO #: Lot #: PROPERTY SPECIFIED LIMITS TYPICAL Certified to ANSI/NSF Std 60 Appearance Assay, % H2SiF6 IT, % Specific Gravity Heavy Metals, % as Pb As, % Clear, water white liquid 22.0- 24.0% 1.0 max 1.19 -1.22 0.01 max 0.0005 max Pass Pass 23.1 0.46 1.20 0.0012 0.0001 I certify that all tests as stipulated in the required specifications were performed in accordance with approved test methods and that the results as reported are true, correct and within specified limits. J. T. Rainey Technician The Dumont Company, Inc. — 381 S. Central Ave., Oviedo, FL 32765 800 - 330 -1369 FAX: 800-524-9315 • • • -k`� E. ; .mss ST..�. -L.F �� .iri - -.3.n — { - #y. i -r_T .J� • ANSUNSF Standard 60 Certified 0 Consistent 23% Solution • Conforms to AWWA Std B703 -94 i Low in Arsenic and Heavy Metals Usage HFS 2300 is used for fluoridation of drinking water. It is a crystal clear product that is manufactured consistently as a 23% solution. Since it is a manufactured product, it is very low in Arsenic and Heavy Metals. This makes it a good choice as a source of fluoride, since you are minimizing the addition of other undesirable elements to your system. Description Appearance Clear liquid % H2SiF6 23% Specific Gravity 1.19- 1.22 pH <2.0 As, % 0,0005 max Heavy Metals, % as Pb 0.01 max Application This product should be applied using a metering pump and can be fed neat from the storage vessel without dilution. A day tank is required in most jurisdictions. Optimum dosage is 1 ppm as fluoride (F). Handling HFS 2300 is a corrosive and hazardous product but does not have a reportable spill quantity. Refer to UN1778 of the DOT guidelines. Avoid contact with skin or eyes and wash affected areas with water if contact is made. Refer to the MSDS for more detailed instructions. Shipping HFS 2300 is packaged in drums and totes as well as in bulk tanker loads and smaller through our Mini -Bulk service. Packaging should be non - metallic and non - glass. Customer Service Dumont can provide a complete chemical feed program to meet your water quality needs including equipment and set up. We deliver all chemicals used for drinking water systems and most are available through our Mini -Bulk service. For complete details on all of our products and services, please contact: 381 S. Central Ave. Oviedo, FL 32765 Ph: 800 -330 -1369 Fax: 800-524-9315 www.dumontchemicals.com The information provided has been obtained from sources believed to be reliable and is accurate to the best of our knowledge. Government regulations and standards change without notice. Further, handling and use of the product is beyond our control. Dumont provides no warranties, either expressed or implied, and assumes no responsibility for the accuracy or completeness of the data contained herein. This information is offered for your consideration and investigation. You should satisfy yourself that you have all current data relevant to your particular use. f f 3 - �a� Material Safety Data Sheet Provided by: The Dumont Company, Inc. 381 S. Central Ave., Oviedo, FL. 32765 Phone (800)330- 13691Fax (800)524 -9315 1. Chemical Product Identification Product Name: HFS 2300 Synonyms: Hexaflurosilicic Acid; Fluosilicic Acid; HFS Chemical Name: Hydrofluosilicic Acid Emergency Phone: 800- 330 -1369 11. composition CAS Number: 16961 -83 -4 Date of Issue: 10/01/2006 Revised Date: 09/16/2011 Components Percent TLV -TWA Hydrofluosilicic Acid 23-25% *2.5 mg /m3 *Exposure Limit for Fluorides, as F M. Health Hazards Eye Contact: Causes severe irritation and burns. Liquid or vapor may cause permanent eye damage. Effects may be delayed. Skin Contact: Causes severe irritation and burns. Contact may cause permanent skin damage. Effects may be delayed. Inhalation: Causes severe irritation and burns. May irritate or burn nose, throat and respiratory tract. May cause coughing, difficulty breathing, chemical pneumonitis or pulmonary edema. Inhalation of high concentrations may cause hypocalcemia (lowering of serum calcium), nervous problems (tetany) or cardiac arrhythmia (heart irregularity). Prolonged or repeated contact may cause sore throat, nose bleeds, chronic bronchitis, emphysema or erosion of teeth. Effects may be delayed Ingestion: Causes severe irritation and burns. May irritate or burn mouth, throat and digestive tract. May cause nausea, vomiting, bloody diarrhea, abdominal cramps, perforation of the digestive tract, coughing, difficulty in breathing, shock, pulmonary edema, suffocation, convulsions, unconsciousness, coma or cardiopulmonary arrest. Effects may be delayed. Carcinogenicity: Not listed by NTP, IARC, or OSHA. HFS 2300 I M First Aid Procedures Page 2 Eye Contact: Immediately flush eyes with water for at least 20 minutes. Get immediate medical attention. Skin Contact: Immediately flush skin with water for at least 20 minutes while removing contaminated clothing and shoes. Get immediate medical attention. Inhalation: Move victim to fresh air. Call emergency medical service. If breathing is difficult, administer oxygen. Give artificial respiration if victim is not breathing. Ingestion: If fully conscious, drink a quart of water. DO NOT induce vomiting. CALL A PHYSICIAN IMMEDIATELY. If unconscious or in convulsions, take immediately to a hospital or a physician. NEVER induce vomiting or give anything by mouth to an unconscious victim. If vomiting occurs spontaneously, keep head below hips to prevent aspiration of liquid into the lungs. If available, give several glasses of milk I V. Personal Protection Information Respiratory Protection: Wear NIOSH approved mist respirators. Ventilation: General room ventilation and local exhaust are required. Maintain adequate ventilation. Do not use in closed or confined spaces. Avoid creating dust or mist. Skin Protection: Wear acid -proof rubber gloves and protective clothing depending on condition of use. Eye /Face Protection: Wear chemical safety goggles and a full face shield while handling this product. Do not wear contact lenses. Other Protection: Eye bath and safety shower. Work Practices: Use good personal hygiene practices. Wash hands before eating, drinking, smoking, or using toilet facilities. Promptly remove soiled clothing and wash thoroughly before reuse. Shower after work using plenty of soap and water. VI. Fire and Explosion Hazard Flash Point Method: >200 F TOC LEL: NIA Flammable Limit: NIA LIEL: NIA Extinguishing Media: Dry Chemical, foam and CO2 Special Fire Fighting Procedures: A self- contained breathing apparatus should be worn by fire fighting personnel. I V�. Measures for Accidental Release In case of release or spill: Shut off source of leak if safe to do so. Evacuate unprotected personnel from area. Maintain adequate ventilation. Dike area to contain spill if possible. Place into drums for proper disposal. Absorb or cover with dry earth, sand, or other non - combustible material and transfer to containers. Flush remaining area with water and neutralize with Soda Ash or Lime and dispose of properly. Avoid direct discharge to sewers and surface waters. Notify authorities if entry occurs. Prevent entry into basements, low areas, or confined areas. HFS 2300 V111. Handling and Storage Page 3 Handling: Avoid contact with eyes, skin, and clothing. Use with adequate ventilation. Do not swallow. Avoid breathing vapors, mists, or dust. Do not eat, drink, or smoke in work area. Wash thoroughly after handling. Use non- sparking tools. Storage: CORROSIVE MATERIAL. Store in a cool, well ventilated area, out of direct sunlight. Store in a dry location away from heat. Keep away from incompatible materials. Keep containers tightly closed. Do not store in unlabeled or mislabeled containers. Highly corrosive to most metals with evolution of hydrogen gas. Do not freeze. Do not store in glass or stoneware. IX. Physical Data Boiling Point ('C) >100C(decomposes) Vapor Pressure (mmHG): 24 Solubility (H20): Complete Vapor Density (Air -1): NIA pH: <2.0 Specific Gravity (H2O =1): 1.20 -1.24 Appearance /Odor: Clear, pungent liquid Evaporation Rate: NIA Reactivity Stability: Stable under normal conditions Incompatibility: Metals, Alkalies, Strong concentrated acids, Strong oxidizing agents, Glass Stoneware, Ceramic, Decomposition /Byproducts: At elevated temperatures, product will decompose generating Hydrogen gas, Hydrogen fluoride and Silicon tetrafluoride. Toxic and corrosive fumes of fluorides. Hazardous Reaction; Hazardous polymerization will not occur under normal conditions. May react with certain metals to produce flammable hydrogen gas. Explosive mixtures in contact with alkaline materials (Na, K, Li). Conditions to Avoid: Reacts with water or humid air to form dangerous gas /vapors. Avoid heating the product to its decomposition temperature. X1. Toxicity Information LD50 Oral: Rat: 430mg /kg LD50 Skin: No Data LC50 Inhalation: Rat: 850 to 1070 ppm /1 H XII. Ecological information Ecotoxicological information: No Data Available Chemical Fate Information: No Data Available Toxic effect in fish and plankton. Potential exists for bioaccumulation in aquatic organisms. Prevent from entering surface water, wastewater and soil. HFS 2300 Page 4 XIII. Waste Disposal Method Dispose of waste according to all Federal, State and local regulations. XIV. Transport Method USA Dot Shipping Name: Fluorosilicic Acid Hazard Class: 8 UNINA Number: UN1778 Packing Group: fl DOT Label Required: Corrosive Marine Pollutant: NIA XV. Regulatory Information CERCLA RQ (lbs): SARA Title III Section 3111312: n Acute Y n Chronic N SARA Title Ill Section 313: SARA Extremely Hazardous Substance NIA Category ❑ Flammable N ❑ Sudden Release of Pressure N NIA NIA HMIS Hazard Rating Health: 3 l=ire: 0 Reactivity 0 -Leask 1- Slight 2- Moderate 3 -High 4- Extreme XV1. Other Information o Reactive N UL Maximum Use Level for Potable Water (Standard 60): 6 mg1L TSCA (Toxic Substance Control Act), 40 CFR 710: NIA Sources of the raw materials used in this mixture assure that all chemical ingredients present are in compliance with Section 8(b) Chemical Substance Inventory, or are otherwise in compliance with TSCA. Disclaimer of Warranty The information provided in this Material Safety Data Sheet has been obtained from sources believed to be reliable. Dumont provides no warranties, either expressed or implied, and assumes no responsibility for the accuracy or completeness of the data contained herein. The other information is offered for your information, consideration and investigation. You should satisfy yourself that you have all current data relevant to your particular use. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: October 25, 2013 SUBJECT: AGENDA ITEM 8.Y.4 - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 PURCHASE AWARD /OTTO ENVIRONMENTAL SYSTEMS ITEM BEFORE COMMISSION The City Commission is requested to approve a blanket purchase order in the amount of $60,000 for the purchase of hot - stamped, garbage carts, lids and wheels to be ordered "as- needed" from Otto Environmental Systems as the product supplier. The blanket purchase will cover a period of October 1, 2013 through September 30, 2014. BACKGROUND The vendor provides a product consistent with the initial specifications requested by the City designed to ensure the container is compatible with the automated service vehicle used by the contracted waste hauler, the quality and life -cycle of the container and the annual price for individual carts. The container's top and handles are molded to the City's specifications for replacements "as needed ". Since 1996, the Finance Department has issued a new Request for Quotes under a 3 -4 year cycle to compare costs and the make -up of carts. The last request for quotes was done in 2009. The cost of the carts has remained fairly stable increasing only 8% during the entire time this company has been the product supplier. Otto has informed the City that they have made a decision to transition to a more universal garbage cart, effective 2014. The current purchase order will exhaust their inventory of the carts specified by the City. Staff is prepared to issue a new RFP under the competitive process in January 2014. The size of garbage carts required by the City are 95- gallon "Edge" @ $53.00 each; 65- gallon "Edge" @ $51.40 each and 35- gallon "Evolution" @ $36.00 each, including attached lids and wheels per quote dated October 16, 2013. The carts have a forest green body, black lids, rubber tires and are hot - stamped with the City logo and serial numbers. Garbage carts are ordered and shipped in full truckload quantities for cost - savings and in various sizes as- needed. Freight is included in the pricing from Charlotte, NC to Delray Beach, FL. FUNDING SOURCE 433 -3711 -534 -49.35 (Sanitation Fund: Other Current Charges /Cart Renewal & Replacement). RECOMMENDATION The Community Improvement Department recommends a blanket purchase order in the amount of $60,000 for the purchase of garbage carts with attached lids and wheels from Otto Environmental Systems as the product provider to be ordered "as needed ". MUNICIPAL ACCOUNT QUOTATION DATE: 10/1612013 TO: Danise Cleckley COMPANY: City of Delray Beach Delray Beach, Fl. 33444 PHONE: 561- 243 -7213 FAX: MOBILE: E -MAIL: ceckley@ci.delray- beach.fl.us Good morning Danise: PAGES: One u FROM: Jim High OTTO Environmental Systems 12700 General Dr. Charlotte, N.C. 28273 PHONE: 704 -402 -7890 (Mobile) FAX: 740 -539 -7628 E -MAIL: jhigh @otto- usa.com Thank you for your request for a quotation for Otto "Multi— System Design " MSD95E" Edge, ®MSD65E° Edge and °MSD35EV" Evolution roll out carts. These carts are designed to be handled with equal ease by either semi - automated or fully - automated collection equipment. We are pleased to quote as follows: (450) Otto 95E "Edge" carts @ $53.00 each $ 23,850.00 (400) Otto 65E "Edge" carts @ $51.40 each $ 20,560.00 (350) Otto 35EV "Evolution" carts @ $36.00 each $ 12,600.00 City of Delray Beach Hot Stamp —10" wheel — metal bar Freight Included in pricing from Charlotte, NC to Delray, Fl. $ 0 TOTAL COST: $ 57,010.00 Pricing is subject to any applicable taxes. Pricing in this quotation is subject to review after 30 days. Thank you for the opportunity. If you should any questions, do not hesitate to call. Am High Area Sales Manager Otto Environmental Systems Mobile # 704 -402 -7890 jhigh @otto- usa.com MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, LEED AG, Director of Planning and Zoning THROUGH: Louie Champan, Jr., City Manager DATE: October 30, 2013 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 WAIVER REQUESTS/THE STRAND ITEM BEFORE COMMISSION The item before Commission is consideration of five waivers for The Strand residential development as follows: Waiver #1: a waiver for the north building along SE 1St Street to Land Development Regulations (LDR) Section 4.4.13(F)(4)(c)(1), to allow a decrease in the building frontage setback at 10' maximum from the required 64' -5" to the proposed 0' -0" for that portion of the building between ground floor and 25' in height. Waiver #2: a waiver request to LDR Section 4.6.9(D)(3)(c)(1), to reduce the minimum stacking distance between a street right of way (r -o -w) and the first parking space in a parking lot with more than 51 spaces from 50' to the following. For the North Buildi ng: Reduce the required stacking distance for the 51 -space parking garage access driveway from 50' to the proposed 28' for the west side of the access driveway; and 23'-4 "for the east access driveway. For the South Building . Reduce the required stacking distance for the 91 -space parking garage access driveway located along SE 3rd Avenue, from 50' to 30'. Waiver #3: a waiver 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 8' -0" to a meandering `serpentine' sidewalk width ranging from 5' to 8'. It is noted that an 8' -0" wide sidewalk is being provided and has been depicted on both sides of SE Ist Street. Waiver #4: a waiver to LDR Section 4.6.14(B)(1) to reduce the area for both sides of the visibility triangle from ten (10) feet by ten (10) feet to 5' -6" by 5' -6" in the back -in loading area located on the northeast side of the North Building along SE 3rd Avenue. Waiver #5: LDR Section 4.6.18(B)(14)(iv)(2), to reduce the minimum transparency or glass surface area on the ground floor of all non - residential buildings from 75% to the following: For the North Building Along SE 3rd Avenue from the required 75% to the proposed 50 %; Along SE I st Street from 75% to the proposed 63 %; 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 %; BACKGROUND Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Waiver #1— Required Building Frontage and Setback: Pursuant to LDR Section 4.4.13(F)(4)(c)(1) for a height from grade level to twenty -five feet (25', a minimum of seventy percent (70 %) and a maximum of ninety percent (90 %) of the building frontage shall be set back no greater than ten feet (10') from the property line. The remaining length of the building shall be set back a minimum of fifteen feet (15') from the property line. The applicant is requesting a waiver to LDR Section 4.4.13(F)(4)(c)(1) to allow a decrease in the required building frontage setback at 10' maximum from the required 65'- 4" (93' -4" x 70% / 100 = 65' -4 ") to the proposed 0' -0 ". The applicant has provided the following justification with regard to this waiver request: "... We are requesting a waiver to LDR Section 4.4.13(F)(4)(c)(1) to have the north building located 10' - 3" off of the southern property line because of the required FP&L easement clearances (based on preliminary meetings with FP&L, and previously Approved Strand Project) ". Waiver #1 is a minor adjustment to the building setback requirements from 10' to 10' -3 ". The applicant has placed the building frontage set back 10' -3" off of the southern property line along SE 1St street because of a required FP &L easement clearance. The proposed building frontage and building facade along SE 1St Street creates a visually attractive streetscape with a sense of an urbanized downtown development which is the intent of the CBD District Design Guidelines. The intent of the code is to provide a building that has architectural relief at the street level and this development meets that intent. This waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the granting of a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.7 (B)(5). Waiver #2 - Vehicular Stacking Distance: Pursuant to LDR Section 4.6.9(13)(3)(c)(1), the minimum stacking distance between a right -of -way and the first parking space for a parking lot that has 51 or more parking spaces is 50'. But if the parking lot has two or more means of ingress and egress then the required stacking distance is required to be only 20'. The applicant has requested the following waiver requests: For the North Building: . A waiver request to reduce the required stacking distance for the cover parking access driveway located along SE I st Street: from the required 50' to the proposed 28' -0 "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. For the South Building: A waiver request 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' The following justification statement is offered for the North Building waiver request: "....We are requesting a waiver to the LDR Section 4.6.9(1))(3)(c)(1) to reduce the stacking distance from required 50' - -0" to the proposed 28' -0" for the north building, west side of access driveway (it should be noted that the actual distance to the "edge of pavement" is 38' -3'). Also, we are requesting a waiver to the stacking distance to the LDR Section 4.6.9(13)(3)(c)(1) from the required 50' -0" to the proposed 23'-4" for the east side of the access driveway (it should be noted that the actual distance to the "edge of pavement" is 40' -0'). The reduced stacking distance will not create an unsafe situation, as the north building has ample parking and there is no commercial component which would otherwise be more impacting on the traffic circulation ". The following justification statement is offered for the South Building waiver request: ".... We are requesting a waiver to LDR Section 4.6.9(D)(3)(c)(1) to reduce the stacking distance from the required 50' -0" to 30' -0 "for the south building along SE 3�d Avenue, access driveway (it should be noted that the actual distance to the "edge of pavement" is 42' -3'). The reduced stacking distance will not create an unsafe situation, as this building has ample parking and there is no commercial component which would otherwise be more impacting on the traffic circulation ". The development proposal has provided one ingress /egress point for the 91 -space covered parking garage located in the south building along SE 3rd Avenue with a stacking distance of 30'. One ingress /egress point has been provided for the 57 -space covered parking garage located in the north building along SE 1st Street with a stacking distance of 28' -0" (west side) and 23' -4" (east side) of the access driveway. Both garages do not have office or retail space use and are dedicated to residential uses only. Given the lower traffic volumes, the reduced stacking distance should not result in the creation of an unsafe situation and will not adversely affect the neighboring area or diminish the provision of public facilities. This waiver would also be supported under similar circumstances and therefore will not result in the granting of a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.7 (13)(5). Waiver #3: Sidewalk Width Pursuant to LDR Section 6.1.3(13)(1)(t), the width of the sidewalk within the Central Business District (CBD) on high density residential developments is required to be 8' wide. The applicant has requested a waiver to reduce the required width of the sidewalk 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 meandering `serpentine' sidewalk width ranging from 5' to 8'. It is noted that an 8' -0" wide sidewalk is being provided and depicted on both sides of SE 1 st Street. The following justification statement is offered for the waiver request: "... We are requesting to install new paver sidewalks with a "serpentine" pattern with width's ranging from 5' -0" to 8' -0 ". This is based on proposing no commercial component in either building, in addition to all the on street parking being provided which acts as an additional buffer for the pedestrians and the vehicular traffic. Based on the fact that the project does not have a commercial component, the plans have been revised to denote an 8' -0 "Paved sidewalk to be installed along both sides of SE I St Street with meandering 'serpentine' sidewalks between 5' -0" and 8' -0" wide along SE 3�d Avenue and S.E. 2`� Street. All the new sidewalks are to be constructed using paver block as requested by the City. In addition to the paver sidewalks, the developer will be installing r -o -w improvements that currently do not exist. They are landscape islands, irrigation and lighting ". Main thoroughfares in the CBD (Central Business District) such as Atlantic Avenue, Pineapple Grove Way and the Federal Highway pairs require an 8' wide sidewalk due to the intensity of development and anticipated volume of pedestrian traffic. The proposed design provides for a new paver block 8' -0" wide sidewalk along both sides of SE 1St Street; while a meandering 'serpentine' sidewalk with a width ranging from 5' to 8 "' is proposed along the west side of SE 3rd Avenue and the north side of SE 2nd Street. A 5' wide sidewalk is not consistent with the adjacent intensity of development and anticipated volume of pedestrian traffic. Staff does not support the requested waiver due to its immediate proximity to pedestrian — active Atlantic Avenue. Granting the requested waiver will have an adverse effect on the neighboring area, diminish the provision of public facilities, and create an unsafe situation. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) cannot be made. Waiver #4: Sight Visibility Triangles: Pursuant to LDR Section 4.6.14(B)(1) when an access way intersects a public right -of -way, triangular areas shall provide unobstructed cross - visibility. The back -up loading area located on the northeast side of the North Building along SE 3rd Avenue r -o -w is required to have a site visibility area of 10' by 10' and only 5' -6" by 5' -6" triangle is being provided. The applicant has requested a waiver to LDR Section 4.6.14(B)(1) to reduce the size. The following justification statement is offered for the waiver request: "...The request is for a waiver to LDR Section 4.6.14(B)(1) to reduce the size of the visibility triangle for the back -up loading area located on the northeast side of the North Building along SE 3rd Avenue r- o-w from the required 10' -0" to the proposed 5' -6 ". It should be noted that this is for a loading space, where the edge of pavement is 5' -6" off the property line, We believe this waiver is justified because of the limited use of this loading space ". The traffic flow and travel speed along SE 3rd Avenue is significantly slower than other adjacent right of ways. The proposed distance from the edge of the travel lane to the property line is approximately 14 feet which provides adequate visibility for traffic traveling southbound and northbound on SE 3rd Avenue. From the driver's position in the vehicle, the actual sight visibility from the access loading driveway reaches approximately 14' in both directions. Given these conditions, the reduction of the visibility triangle from the required 10' -0" to the proposed 5' -6" is supportable. Granting the requested waiver will not have an adverse effect on the neighboring area, diminish the provision of public facilities, or create and unsafe situation. This waiver would also be supported under similar circumstances and therefore will not result in the granting of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. Waiver #5 - Minimum Transparency or Glass Surface Area: Pursuant to LDR Section 4.6.18 (B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non - residential and mixed -use buildings shall be a minimum of 75% of the wall area for that elevation. All storefronts or glass areas abutting the street shall be transparent. The applicant has requested a waiver to this LDR requirement. In support of the waiver request the applicant has provided the following statement: ".....This request is based on the proposed project, having no commercial component in either building. The ground floor of both buildings is made up of covered parking and plaza style entrances at all corners and midpoint of building. Currently we are proposing "green walls" for all openings into garages, the developer proposes to install "2' - -0" deep storefront commercial and art display areas "for additional architectural elements in place of having all "green walls" openings. A 'bicycle valet' area for the entire project has been positioned on the southeast corner of the north site (corner of S.E. I " Street and S.E. 3 "Avenue) to provide the appearance of a retail /commercial component. Although we intend to install a 'green -wall' type system in the parking garage openings facing the street, the developer proposes also to install window displays in some of said openings to meet LDR requirements ". The requirements for glazing transparency and minimum light transmission reductions are customarily associated with commercial and retail uses and not residential uses. The intent of this requirement is to assure that the street facades remain customer friendly and encourage pedestrian traffic and the east facades of the north and south buildings meet the intent of this requirement. The waiver requests are as follows: 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 %; 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 %; Granting the requested waiver will not have an adverse effect on the neighboring area, diminish the provision of public facilities, or create an unsafe situation. This waiver would also be supported under similar circumstances and therefore will not result in the granting of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. REVIEW BY OTHERS The Site Plan Review and Appearance Board (SPRAB) reviewed the waiver requests at their meeting of October 9, 2013 in conjunction with review of the proposed Strand residential development. After a brief discussion, the Board moved a recommendation of approval of all waivers on a unanimous vote of 4 -0. A detailed description and analysis of the proposal is contained within the attached SPRAB staff report October 9, 2013. RECOMMENDATION By Separate Motions: Waiver #1• Move approval 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 ", by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5). Waiver #2: Move approval of the waiver request to LDR Section 4.6.9(D)(3)(c)(1), 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. 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' by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5). Waiver #3: Move denial of the waiver request to LDR Section 6.1.3(B)(1)(t), 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 8', by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with LDR Section 2.4.7(B)(5). Waiver #4: Move approval 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 ", by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5). Waiver #5• Move approval of the waiver request to LDR Section 4.6.18(B)(14)(iv)(2), to reduce the minimum transparency or glass surface as follows: 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 %; 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 %; by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5). 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 STRAND RESIDENTIAL PROJECT AT SE 1ST STREET, WEST OF SE 3RD AVENUE 1. These waiver requests came before the City Commission on November 5, 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for The Strand residential project at SE 1 st Street, west of SE 3rd 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. Waiver to LDR Section 4.4.13(F)(4)(c)(1) Pursuant to LDR Section 4.4.13(F)(4)(c)(1), for the height of ground floor to twenty -five feet (25'), a minimum of seventy percent (70 %) of the building frontage shall be set back no greater than ten feet (10') from the property line. The remaining length of the building shall be set back a minimum of fifteen feet (15') from the property line. The applicant is asking for a waiver for the north building along SE 1St street to allow a decrease in the building frontage setback at ten feet (10') maximum from the required sixty -four feet, five inches (64'5 ") to zero feet, zero inches (0'0 "). Should the waiver to Section 4.4.13(F)(4)(c)(1) be granted? 1 Yes No B. Waiver to LDR Section 4.6.9(D)(3)(c)(1) Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum distance between a right -of -way and the first parking space in a parking lot with more than fifty one (51) spaces shall be fifty feet (50'). North building: The applicant is asking for a waiver to reduce the required stacking distance for the 51 -space parking garage access driveway to twenty -eight feet (28') for the west side of the access driveway and to twenty -three feet, four inches (23'4 ") for the east access driveway. Should the waiver to Section 4.6.9(D)(3)(c)(1) for the north building be granted? ► C7 South building: The applicant is asking for a waiver to reduce the required stacking distance for the 91 -space parking garage access driveway located along SE 3rd Avenue to thirty feet (30'). Should the waiver to Section 4.6.9(D)(3)(c)(1) for the south building be granted? Yes No C. Waiver to LDR Section 6.1.3(B)(1)(f) Pursuant to LDR Section 6.1.3(B)(1)(f), the width of the sidewalk in the Central Business District shall be eight feet (8'). The applicant is asking for a waiver to allow the width of the sidewalk along the west side of SE 3rd Avenue and along the north side of SE 2nd Street from eight feet (8') to the proposed serpentine sidewalk width ranging from 5' to 8'. Should the waiver to Section 6.1.3(B)(1)(f) be granted? ► C7 D. Waiver to LDR Section 4.6.14(B)(1) 2 Pursuant to LDR Section 4.6.14(B)(1), the area on both sides of the visibility triangle shall be ten feet (10') by ten feet (10'). The applicant is asking for a waiver to allow the area on both sides of the visibility triangle for the backup loading area located on the northeast side of the North building along SE 3rd Avenue ROW to be five feet, six inches (5'6 ") by five feet, six inches (56 "). Should the waiver to Section 4.6.14(B)(1) be granted? Yes No E. Waiver to LDR Section 4.6.18(B)(14)(iv)(2) Pursuant to LDR Section 4.6.18(B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non - residential and mixed -use buildings shall be a minimum of seventy -five percent (75 %). North building: The applicant is asking for a waiver to allow the minimum transparency as follows.. • Along SE 3rd Avenue to fifty percent (50 %) • Along SE 1 st Street to sixty three percent (63 %). Should the waiver to Section 4.6.18(B)(14)(iv)(2) for the North building be granted? Yes No South building: The applicant is asking for a waiver to allow the minimum transparency as follows.. • Along SE 3rd Avenue to fifty -one percent (51%) • Along SE 2nd Street to fifty percent (50 %) • Along SE 1 st Street to fifty -four percent (54 %) Should the waiver to Section 4.6.18(B)(14)(iv)(2) for the South building be granted? Yes No 3 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th of November 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 12 Cary D. Glickstein, Mayor SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH -- -STAFF REPORT - -- MEETING DATE: October 9, 2013 ITEM: The Strand — Class V Site Plan, Landscape Plan, Architectural Elevations, and waivers associated with the construction of two residential Buildings: a south building with four levels of residential units containing 155 units; and a north building with three levels of residential units containing 43 units, for a total of 198 residential units. Both buildings will have a covered parking area on the ground floor. GENERAL DATA: Agent ............................... Kupi & Eliopoulos Architects, P.A. Applicant ......................... Fladel LLC Location ... ............................... Northern parcel: is located to the north of SE I't Street between the FEC Railroad and SE 3rd Avenue approx. 84 yards south of Atlantic Avenue; the Southern parcel is located to the north of SE 2nd Street and to the south and SE Vt Street between the FEC Railroad to the west and SE 3rd Avenue to the east. Property Size .......................... 3.12 Acres Future Land Use Map ............. Commercial Core (CC) Current Zoning ........................ Central Business District (CBD) Adjacent Zoning......... North: CF (Community Facility) South: CBD -RC (Central Business District Railroad Corridor) East: CBD (Central Business District) West: CBD (Central Business District) Existing Land Use ................... Vacant land Proposed Land Use ............... Residential Development Water Service ......................... Available via service lateral connections to an existing 6" water main within the SE 3rd Avenue right -of -way. Sewer Service ........................ Available via service lateral connections to an existing 8" sewer main within the SE 3rd Avenue right -of -way. ITEM BEFORE THEIBOARD, The item before the Board is the approval of the following aspects of a Class V site plan request for The Strand, pursuant to Land Development Regulations (LDR) Section 2.4.5(F): ❑ Site Plan; ❑ Landscape Plan; ❑ Architectural Elevations; and ❑ Waiver Requests. The request is in conjunction with The Strand, a proposed 198 -unit residential development. The project includes two parcels: a northern parcel which is located to the north of SE 1st Street between the FEC Railroad and SE 3rd Avenue, approx. 84 yards south of Atlantic Avenue; and a southern parcel located to the north of SE 2 r Street and to the south and SE 1St Street between the FEC Railroad to the west and SE 3rd Avenue to the east. DKGROUND The proposal includes Tract "A" (0,83 acres) and "B" (2.42 acres), according to the Plat recorded in Plat Book 105, Pages 81, 82, and 83, Public Records of Palm Beach County, Florida. The subject property measures a total of 3.12 acres, is zoned CBD (Central Business District, and is currently vacant. The most recent land development activities include: On July 6, 2004, the City Commission approved a privately initiated small scale FLUM amendment from Community Facilities- Recreation (CF -R) to Commercial Core (CC) and rezoning from Community Facilities (CF) to Central Business District (CBD) for the property bordered by SE 1st Street on the north, SE 2nd Street on the south, SE 3rd Avenue on the east, and the Florida East Coast (F.E.C.) Railway on the west. These requests were submitted in order to accommodate the construction of a mixed -use development containing ground floor retail floor area and condominium residences above known as "The Strand ". On February 1, 2005, the City Commission approved a conditional use request to allow a height in excess of 48' (57' -7" proposed) and to allow for a density in excess of 30 units (42.7 units per acre proposed). The conditional use requests were associated with the construction of two mixed -use buildings: a south five -story building located along SE 3rd Avenue between SE 1" Street and SE 2 d Street; and a north four -story building located to the north of SE 1 St Street between SE 3rd Avenue and the FEC Railroad. The proposed south building had 17,657 sq. ft. of retail area, 5,361 sq. ft of office area, 98 dwelling units, and 223 parking spaces. The proposed north building had 3,184 sq. ft. of retail, 3,007 sq. ft. of restaurant area, 36 dwelling units, and 76 parking spaces. On March 9, 2005, the Site Plan Review and Appearance Board (SPRAB) approved, subject to conditions, the associated Class V site plan, landscape plan, and architectural elevations associated with the construction of the two mixed -use buildings. The proposed two buildings combined had 20,841 square feet of retail floor area, 5,361 square feet of office area, and 3,007 square feet of restaurant area, a 176 space parking garage on the basement; a 123 space parking garage on the ground level; and residential dwelling units on the second, third, fourth and fifth levels (134 dwelling units in total). The proposal also included the installation of thirty five (35) parallel on- street parking spaces. The project received final certification but construction never materialized. On August 19, 2013, the Planning and Zoning Board held a public hearing for a new conditional use request associated with a 198 -unit residential development known as "The Strand ". The conditional use associated with the development proposal allows a density in excess of 30 Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 2 dwelling units per acre (63 du /ac). The Board moved a recommendation of approval to the City Commission for the conditional use request with a 6 t0 1 vote, subject to conditions. At its meeting of September 17, 2013, the City Commission approved, with a 3 to 1 vote, a conditional use request for an increased density (63 du /ac), subject to the conditions attached herein as Appendix °C ". The City Commission also approved the waiver request to allow the number of 1- bedroom units to exceed the 30% maximum, by allowing 51% of the total number of units to be one - bedroom. The development proposal incorporates the following: ❑ Construction of two buildings: a South Building with four levels of residential units containing 155 units; and a North Building with three levels of residential units containing 43 units. Both buildings will have covered parking at grade level. The North Building will accommodate 58 parking spaces on the ground level while the South Building will accommodate 223 spaces; ❑ Reconfiguration of thirty eight (38) parallel on- street parking spaces with landscape islands and irrigation system. Twenty eight spaces (28) along SE 3rd Avenue, five (5) spaces along SE 15t Street, and five spaces (5) along SE 2nd Street; ❑ Installation of an amenity deck with extensive planting material, trellis areas, a spa, a swimming pool, a covered BBQ area, extensive deck with lounge chairs, a fitness - exercise room, a club house, and restrooms, all located on the 2nd floor for the South Building and on the fourth floor for the north building; ❑ Installation of two bike racks (26 bicycles parking capacity), for the South Building which are located along the eastside of the property in close proximity to the main access to the building and a storage area for bike lockers located on the ground floor parking garage under the proposed pool; and a valet bicycle parking storage area located on the southeast side of the North Building along SE 3rd Avenue; ❑ Installation of two loading areas, one for the South Building located to the southwest side of the property along SE 2nd Street and the other on the northeast side of the property along SE 3rd Avenue for the North Building; ❑ Installation of two dumpsters and trash collection areas, one for the South Building located to the southwest side of the property along SE 2nd Street. and the other on the north side of the property along SE 3rd Avenue for the North Building; and ❑ Installation of decorative paver block sidewalks, walkways, and associated landscaping; Based on the review of the site plan submitted, the development proposal also includes the following six (6) waiver requests: A waiver to L.DR Section 4.4.13(17)(4)(c)(1), which requires that for a height from finished grade to 25', the required building frontage along the north side of SE 18t Street setback a distance of 10' needs to be a minimum of 65' -4" (70% min. of the lot frontage 93'- 4 "x0.70= 65' -4 "'). The applicant is proposing a building frontage of 0'- 0" setback at 10' maximum. Thus, the waiver request is to allow a decrease in the required building frontage setback at 10' maximum from 65' -4" to 0' -0 ". Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 3 2. A waiver to LDR Section 4.6,9(D)(3)(c)(1), which requires the minimum stacking distance between a street r -o -w and the first parking space in a parking lot with more than 51 spaces shall be 50'. The waiver requests is as follows: For the North Building: • A waiver request to reduce the required stacking distance for the 51 -space access driveway 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 access driveway. For the South Building; • A waiver request to reduce the required stacking distance for the 91 -space access driveway located along SE 3rd Avenue, from the required 50' to the proposed 30'. 3. A waiver 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, along the north side of SE 2nd Street, and along the north and south sides of SE 1St Street from 8' -0" to 6' -0 "; 4. A waiver to LDR Section 4.6.14(B)(1) which requires that the area for both sides of the visibility triangle needs to be ten (10) feet by ten (10) feet. The back -up loading area located on the northeast side of the North Building along SE 3rd Avenue r -o -w is required to be 10' by 10' and only 5' -6" by 5' -6" triangle is being provided. 5. Pursuant to LDR Section 4,6.18(B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor of all non - residential buildings shall be a minimum of 75 %. The waiver request is to reduce the minimum transparency or glass surface for both buildings as follows: 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 %; For the South Building: • Along SE V 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 %; These 5 waiver requests would have final action via a SPRAB recommendation to the City Commission which is the legal body taking final action on the waiver requests. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application /request. LDR Section 4.3.4(K) - Development Standards Matrix: The following table indicates that the development proposal meets the requirements of LDR Sections 4.3.4(K). Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 4 Building Frontage and Setbacks: Pursuant to LDR to Section 4.4.13(F)(4)(c)(1) and (2), for those buildings fronting on other rights -of -way in the CBD the following regulation applies: (1) Lower Levels - Ground floor to twenty -five feet (25'): A minimum of seventy percent (70 %) and a maximum of ninety percent (90 %) of the building frontage shall be set back no greater than ten feet (10') from the property line. The remaining length of the building shall be set back a minimum of fifteen feet (15') from the property line. (2) Upper Levels - above twenty -five feet (25') to forty -eight feet (48'): At feast seventy percent (70 %) of the frontage shall be set back a minimum of fifteen feet (15) from the property line. The remaining length of the building shall comply with the minimum required setbacks. The floor area for each floor contained within the portion of the structure that is twenty -five feet (25') to forty -eight feet (48') in height shall not exceed seventy percent (70 %) of the floor area contained within the allowable ground level footprint. South Building: Table # 1 below, indicates that for the South Building, the proposed development meets the requirements of LDR Section 4.4.13(F)(4)(c)(1) and (2) for a height from finished grade to 25' feet and from 25' feet to 48 feet, along SE 15t Street, SE 3`d Avenue, and along SE 2nd Street. Required: Provided: Building Height: South Building 48' 48' North Building 48' 39' Open Space: North Building 0% 14.03% Open Space: South Building 10% 27.07% Floor Area Per Unit: Efficiency 400 sq. ft. 605 to 646 sq. ft. Efficiency + Den 400 sq. ft. 876 to 929 sq. ft. One Bedroom 600 sq. ft. 907 to 1,247 sq. ft. One Bedroom + Den 600 sq. ft. 1,121 to 1,321 sq. ft. Two Bedroom 900 sq. ft. 1,532 to 1.977 sq. ft. Two Bedroom + Den 900 sq. ft. 1,189 sq.ft. Building Frontage and Setbacks: Pursuant to LDR to Section 4.4.13(F)(4)(c)(1) and (2), for those buildings fronting on other rights -of -way in the CBD the following regulation applies: (1) Lower Levels - Ground floor to twenty -five feet (25'): A minimum of seventy percent (70 %) and a maximum of ninety percent (90 %) of the building frontage shall be set back no greater than ten feet (10') from the property line. The remaining length of the building shall be set back a minimum of fifteen feet (15') from the property line. (2) Upper Levels - above twenty -five feet (25') to forty -eight feet (48'): At feast seventy percent (70 %) of the frontage shall be set back a minimum of fifteen feet (15) from the property line. The remaining length of the building shall comply with the minimum required setbacks. The floor area for each floor contained within the portion of the structure that is twenty -five feet (25') to forty -eight feet (48') in height shall not exceed seventy percent (70 %) of the floor area contained within the allowable ground level footprint. South Building: Table # 1 below, indicates that for the South Building, the proposed development meets the requirements of LDR Section 4.4.13(F)(4)(c)(1) and (2) for a height from finished grade to 25' feet and from 25' feet to 48 feet, along SE 15t Street, SE 3`d Avenue, and along SE 2nd Street. Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 5 North Building; Table #2 below indicates that for the north building the development proposal ap_ rtially complies with the requirements of LDR Section 4.4.13(F)(4)(c)(1) with regard to Building Frontage and Front Setbacks. The North Building along SE 3ro Avenue meets all the requirements from finished grade to 25' feet and from 25' feet to 48 feet. However, along SE 15` Street, for a height from finished grade to 25', the minimum building frontage required set back at 10' minimum is 65' -4" 93'- 4" x 0.70 % = 65'- 4 ") while the applicant has provided 0' -0 ". Thus, the applicant has requested a waiver to LDR Section 4.4.13(F)(4)(c)(1), Table '1 South Building Percentage Required Compliance Road and Lot i. Building of Building Required ` Lot Proposed with LDRs Frontage Height Frontage Setback Frontage et Lot (min &max) . Setback :; Frontage` Yes No 70% min 10' max 72' -7" min 73' -6" Finished 90% max 93' -3" max (70.78 %) Grade to SE I Street Lot 25' Remaining 15' min 31' — 10' -6" 30'-2" Length Frontage = 103' -8" From 25' 70% min 15' min 72' -7" min 82' -4" to 48' (79.4 %) 48' and 90% min NIA NIA NIA above 70% min 10' max 421' -7" min 465' -10" Finished 90% max 542' -0" max (79.4 %) Grade to SE 3Id Avenue 25' Remaining 15' min 180' -6" max 1801-01, Frontage= 602' -3" Length 60' -2" min From 25' 70% min 15' min 86.1' min 31' to 48' 48' and 90% min NIA NIA NIA above 70% min 10' max 141' -0" min 160' -0" Finished 90% max 181' -4" max (79.4 %) Grade to SE 2"d Street 25' Remaining 15' min 61'-6" min 41'-5" Frontage = 201' -6" Length 21' -3" max From 25' 70% min 15' min 141' -0 "min 143' -6 "' to 48' 48' plus 90% min NIA NIA NIA North Building; Table #2 below indicates that for the north building the development proposal ap_ rtially complies with the requirements of LDR Section 4.4.13(F)(4)(c)(1) with regard to Building Frontage and Front Setbacks. The North Building along SE 3ro Avenue meets all the requirements from finished grade to 25' feet and from 25' feet to 48 feet. However, along SE 15` Street, for a height from finished grade to 25', the minimum building frontage required set back at 10' minimum is 65' -4" 93'- 4" x 0.70 % = 65'- 4 ") while the applicant has provided 0' -0 ". Thus, the applicant has requested a waiver to LDR Section 4.4.13(F)(4)(c)(1), Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 6 Waiver #1 - Analysis: Pursuant to LDR Section 2.4.7(6) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant is requesting a waiver to LDR Section 4.4.13(F)(4)(c)(1) to allow a decrease in the required building frontage setback at 10' maximum from the required 65'- 4" to the proposed 0'- 0". The following justification statement has been provided by the applicant in support of the waiver request: "...We are requesting a waiver to LDR Section 4.4.13(F)(4)(c)(1) to have the north building located 10'- 3" off of the southern property line because of the required FP &L easement clearances (based on preliminary meetings with FP &L, and previously Approved Strand Project) ". The Central Business District requires all buildings to be placed in close proximity to rights of way to encourage pedestrian access and to foster a uniform streetscape along major thoroughfares. While the code requires a maximum setback of 10', the ultimate design and placement of the building appears to have been based on two principles. First, parking garage location on the ground floor level for the north building to provide access from SE 1" Street; and Table 2, North Building P ercentage Compliant Road and, Lot Beild�ing �of Butlding Req "aired Required � Proposed hot a with Frontage Heigh# - Frontage Settaack Lot Fron #age: of Setback Frontage LDRs Yes " " No 70% min 10' max 238' -10" min 250' -9" Finished 90% max 307' max (0 %) Grade to SE 3`d Avenue 25' Remaining Length 15' min 102' -3" — 34' -2" 91' -6" Frontage =341' 2" From 25' 70% min 15' min 238' -10" min 250' -8" to 48' 73.18% 48' and above 90% min NIA NIA NIA Finished 70% min 10' max 65'4" min 90% max 84'0" max (0 %) SE 1" Street Grad e to Remaining 28' max Frontage= 93' -4" Length 15' min g'-4" min 66' -0" From 25' to 48' 70% min 15' min 654" min 66' -0" 48' Plus" 90% min N/A NIA NIA Waiver #1 - Analysis: Pursuant to LDR Section 2.4.7(6) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant is requesting a waiver to LDR Section 4.4.13(F)(4)(c)(1) to allow a decrease in the required building frontage setback at 10' maximum from the required 65'- 4" to the proposed 0'- 0". The following justification statement has been provided by the applicant in support of the waiver request: "...We are requesting a waiver to LDR Section 4.4.13(F)(4)(c)(1) to have the north building located 10'- 3" off of the southern property line because of the required FP &L easement clearances (based on preliminary meetings with FP &L, and previously Approved Strand Project) ". The Central Business District requires all buildings to be placed in close proximity to rights of way to encourage pedestrian access and to foster a uniform streetscape along major thoroughfares. While the code requires a maximum setback of 10', the ultimate design and placement of the building appears to have been based on two principles. First, parking garage location on the ground floor level for the north building to provide access from SE 1" Street; and Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 7 second, to conceive a geometrically well- proportioned building in close proximity to SE 3rd Avenue and SE 1" Street. It appears to be important for the applicant to locate the building mass closer to the street (including the upper levels, 3rd and 4th floor), and create an attractive streetscape. The site is a double frontage property which is constrained by the fact that it is bounded by a property (to the north), SE 3rd Avenue to the east (front of the property), SE 1St Street to the south, and by the FEC Railroad to the west (which is the rear). The site frontage along the east property line (SE 3rd Avenue) is 270.2' wide while the depth of the site along the north property line is only 100.7' and along SE 1St Street is only 99.2' which is less than half the width of the site. This irregular and narrow site configuration presents limitations to accommodate the 4- story building on the site. Likewise, the need to locate the parking garage on the ground floor level with an ingress /egress driveway along SE 1st street r -o -w, makes it difficult to meet the required building frontages (on the upper levels of the building) while achieving a visually attractive, and economically feasible building. The unusually narrow and long configuration of the site has in turn impacted the required building frontage for a height from finished grade to a height of 25' along SE 1St Street. The applicant has attempted to meet the intent of the code by providing approximately 30' -0" of building frontage setback at 10' -3" which exceeds the required 10' setback by only 3" (from finished grade to 25') where 65'- 4" minimum is required (93' -4" x 0.70 % = 66- 4 "). It is also noted that the applicant has placed 30' of building frontage set back 10' -3" off of the southern property line along SE 1St street because of a required FP &L easement clearance (based on preliminary meetings with FP &L, and also on the previously approved Strand project). The proposed building frontage and building facade along SE 1St Street creates a visually attractive streetscape with a sense of an urbanized downtown development which is the intent of the CBD District Design Guidelines. Under these circumstances the waiver can be supported. The waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the granting of a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.5 (13)(5). LDR Section 4.4.13 - Central Business District: Density: Pursuant to LDR Section 4.4.13(D) (12), multiple family dwelling units (excluding duplexes) are allowed at a density greater than 30 units per acre as a conditional use for CBD zoned properties located south of NE 2 Street and north of SE 2n6 Street, based upon the extent to which the proposal complies with the performance standards of LDR Section 4.4.13(1), As referenced previously in the Background section of this staff report, at its meeting of September 17, 2013, the City Commission approved a conditional use request to allow the density for the proposed development to exceed 30 units per acre to a maximum density of 63 dwelling units per acre, based upon the proposals ability to meet the performance standards, with the following conditions: 1. A contribution of approximately one -half the cost of a bus shelter must be paid prior to certification of the site plan for the development. 2. That at least 21 workforce housing units must be clearly depicted within the building floor plan levels (with a clouded note to this effect to be included on the floor plans). Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 8 3. That at least fifty percent (50 %) of the surface area of the frontage facing SE 15t Street wall /(s) at the ground floor of the North Building needs to be devoted to display windows. 4. That corner clips measuring 20' by 20' be dedicated (as part of the required plat for the proposed development) for the northwest intersection of SE 1" Street and SE 3rd Avenue, and also for the southwest and northwest intersection of SE 2nd Street and SE 3rd Avenue. 5. That 2' -6" of r -o -w for both sides of SE 15t Street be dedicated as part of the required plat. Also, a 5 foot right -of -way shall be dedicated as part of the required plat for the proposed development along SE 3r6 Avenue from SE 1St Street to the north limit of the north parcel. 6. A plat must be processed and recorded prior to issuance of a building permit. 7. That the developer needs to get LEED Certification or Green Building Council Certification for the proposed project prior to issuance of a building permit. 8. That the applicant agrees to work in coordination with the "SAFE" organization to the greatest extent possible, in order to implement the following Transportation Demand Management initiatives: • Unbundling of parking space costs from monthly rent. Residents will pay for parking space(s) separately from the unit rental cost, which is expected to encourage residents to reduce the number of vehicles in their household; • Providing subsidized transit passes for residents, which incentivizes the use of public transit; • Providing a fleet of bicycles on site for residents` free use and also providing inside storage areas for resident bicycles, which encourages the use of bicycle transportation; • Providing and maintaining an electric vehicle for local transportation for residents within downtown Delray Beach; • Providing a financial contribution to the City's trolley system, to enhance the viability of this alternative mode of transportation for residents in the proposed building. These conditions of approval need to be addressed before site plan certification. Therefore, they have been attached as conditions of the site plan approval. Off - Street Parkinq: Pursuant to LDR Section 4.4.13(G)(1)(f), the parking requirements for residential units in multi- family structures located within the CBD are to be provided as follows: Efficiency dwelling unit 1.0 space /unit • One bedroom dwelling unit 1.25 spaces /unit • Two or more bedroom dwelling unit 1.75 spaces /unit • Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 spaces /unit - for units 21 -50 0.30 spaces/unit - for units 51 and above 0.20 spaces/unit Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 9 Table 1: The Strand Parking Requirements In the staff development analysis it is noted the project does not meet the LDR requirements in the area of parking; a total of 281 parking spaces for the two proposed buildings are provided, while 311 parking spaces are required (see Table 1 above). However, pursuant to LDR Section 4,6.9(F)(1), when, upon receipt and acceptance of special documentation, it is conclusively demonstrated that a reduced number of parking spaces will accommodate a specific use, the body which acts on the attendant site plan may reduce the parking requirements accordingly. The applicant has submitted the attached letter dated September 9, 2013 as the "special documentation" to justify the reduced number of parking spaces. The following is an abstract from this letter: The developer has agreed to implement the following Transportation Demand Management (TDM) initiatives as an incentive for residents to reduce car - ownership and also to use alternative modes of transportation, thus, impacting parking requirement: - Unbundling of parking space costs from monthly rent. Residents will pay for parking space(s) separately from the unit rental cost, which is expected to encourage residents to reduce the number of vehicles in their household; - Providing subsidized transit passes for residents, which incentivizes the use of public transit, - Providing a fleet of bicycles on site for residents' free use and also providing inside storage areas for resident bicycles, which encourages the use of bicycle transportation; - Providing and maintaining an electric vehicle for local transportation for residents within downtown Delray Beach; - Providing a financial contribution to the City's trolley system, to enhance the viability of this alternative mode of transportation for residents in the proposed building. The literature on the subject presented by the applicant reports that: ".. Transit agencies in Dallas, Denver, Salt Lake, and San Jose, among others, allow employers to buy "Eco- Passes, ° permitting all employees to ride free on local transit Parking Use Number of Units Requirement Per Unit or Aq. Ft. Parking Spaces Required Efficiency 46 1.00 46.00 One Bedroom 99 1.25 123.75 One Bedroom + Den 24 1.75 42.00 Two Bedroom or More 29 1.75 50.75 198 262.50 Guest Parking for Buildings: Units 1 - 20 20 0.50 10.00 Units 21 - 50 30 0.30 9.00 Units 50 - 90 148 0.20 29.60 48.60 Parking Required 311,10 In the staff development analysis it is noted the project does not meet the LDR requirements in the area of parking; a total of 281 parking spaces for the two proposed buildings are provided, while 311 parking spaces are required (see Table 1 above). However, pursuant to LDR Section 4,6.9(F)(1), when, upon receipt and acceptance of special documentation, it is conclusively demonstrated that a reduced number of parking spaces will accommodate a specific use, the body which acts on the attendant site plan may reduce the parking requirements accordingly. The applicant has submitted the attached letter dated September 9, 2013 as the "special documentation" to justify the reduced number of parking spaces. The following is an abstract from this letter: The developer has agreed to implement the following Transportation Demand Management (TDM) initiatives as an incentive for residents to reduce car - ownership and also to use alternative modes of transportation, thus, impacting parking requirement: - Unbundling of parking space costs from monthly rent. Residents will pay for parking space(s) separately from the unit rental cost, which is expected to encourage residents to reduce the number of vehicles in their household; - Providing subsidized transit passes for residents, which incentivizes the use of public transit, - Providing a fleet of bicycles on site for residents' free use and also providing inside storage areas for resident bicycles, which encourages the use of bicycle transportation; - Providing and maintaining an electric vehicle for local transportation for residents within downtown Delray Beach; - Providing a financial contribution to the City's trolley system, to enhance the viability of this alternative mode of transportation for residents in the proposed building. The literature on the subject presented by the applicant reports that: ".. Transit agencies in Dallas, Denver, Salt Lake, and San Jose, among others, allow employers to buy "Eco- Passes, ° permitting all employees to ride free on local transit Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 10 lines. The Eco- Passes are sold at a steep discount because they are purchased for all employees, and not all employees will use them fully. Though not everyone will stop driving to work, by providing everyone with free access to transit, will have no marginal cost for using public transit occasionally. This can reduce parking demand for the employer, and can also benefit the community because those employees may choose to use transit for non -work trips as well, reducing traffic further. Because of the reduced parking demand Montgomery County in Maryland allows office uses a 15% reduction in minimum parking requirements if the business provides reimbursement to employees for transit passes. The same can be applied to residential developments, as a free transit pass makes people less likely to own a car.. ". The percentage of actual parking demand reduction is dependent upon the type and extent of TDM measures implemented and the availability of alternative modes of transportation. Most of the research reports reductions in parking at employment locations as opposed to residential sites, a reduction in the range of 15% to 24% after the implementation of TDM measures. Therefore, an adjustment of at least 5% (proposed by the applicant) appears reasonable and may be an achievable reduction based upon the implementation of TDM measures at this proposed residential development site. The Institute of Transportation Engineers (ITE) publishes parking demand data for various land uses in the Parking Generation, 4th Edition. The parking demand data published by the ITE Land Use 221 (Low/Mid-Rise Apartment) for an urban setting, the anticipated weekday parking demand was within a range of 1.07 spaces per unit to 1.33 spaces per unit. For Saturday conditions, the observed range of 0.80 spaces per unit to 1.43 spaces per unit is provided. Therefore, using the weekday and weekend data published by ITE, the highest demand ratio for either weekday or weekend conditions, 1.43 spaces per unit, was applied by the ITE Land Use Low/Mid-Rise Apartment) for an urban setting. The data published by ITE represents parking demand. Therefore, for the purposes of determining a supply requirement, a buffer of 5% is applied to ensure that additional spaces will be available on site. Adding a 5% buffer to a parking demand ratio of 1.43 spaces per unit will result in a recommended supply ratio of 1.5 parking spaces per unit. This ratio includes the total parking supply requirement for the site, encompassing_ both residential and visitor /quest parking combined. As discussed earlier, a minimum TDM reduction of at least 5% is expected to be an achievable reduction for this site. Table 2 provides a summary of the 282 parking spaces required for the proposed development. Table 2; Alternate Parking Requirement for The Strand Number of Units Parking Ratio Number of Spaces Required 198 1.5 spaces per unit 297 TDM reduction of 5% -15 Total Parking Required 282 The applicant makes the following points for the special reduction of parking based on: • The implementation of five basic TDM initiatives as an incentive for residents to reduce car - ownership and also to increase the use of alternative modes of transportation. An adjustment of 5% is expected to be an achievable parking reduction based upon the implementation of TDM measures; Site Plan Review and Appearance Hoard Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 11 • The use of the weekday and weekend data published by ITE and a ratio 1.43 spaces per unit, as applied by the ITE Land Use Low/Mid-Rise Apartment) for an urban setting; • Determining a parking supply requirement, by adding a buffer of 5% to the ITE parking ration of 1.43 spaces per unit in order to ensure that additional spaces will be available on the site. • The application of a final ratio of 1.5 parking spaces per unit which encompasses both residential and visitor /guest parking combined. It is noted that pursuant to LDR Section 4.4.13(1)(1) - Performance Standards the applicant is required to provide only 21 workforce housing units. However, in order to mitigate the increase in density, the applicant is proposing 40 workforce housing units to be located within the two buildings which equates to twice the number of units required by the LDRs. Therefore, using the ITE 1.43 ratio for the 40 workforce housing units, the parking required for those units would be 57 parking spaces. Thus, the parking required for the proposed project would be further reduced. Table 3 provides a summary of the 279 (down by 2 with the Affordable Housing analysis) parking spaces required for the proposed Strand residential development. Table 3: Alternate Parking Requirement for The Strand Number of Parking Ratio Number of Spaces Required Units 158 1.5 spaces per unit 237 40 work force 1.43 spaces per unit 57 housing units TDM reduction of 5% -15 Total Parking Required 279 Parking Analysis Conclusion: The LDR parking requirement determined by staff for the proposed development is 311 parking spaces, and thus, the applicant is requesting a reduction of 30 parking spaces (311 -281 = 30 spaces). Table 1 above provides a summary of the parking required by the Land Development Regulations, The project provides a total of 281, while the new parking requirement, based on the ITE ratio when factoring in the Affordable Housing units, would equate to 279 parking spaces which would represent a surplus of 2 parking spaces. The applicant is requesting a reduction of 30 parking spaces from 311 spaces to 281 spaces. Staff does not support this special parking reduction request because there is little comparison between the City of Delray Beach and Mont ome Count Ma land. Unlike Montgomery County, Delray Beach does not have a major subway system (METRO), does not have a bicycle circulation system, and does not have the extensive public transportation system of the MTA (Maryland Transit Administration). Without the infrastructure in place, the reduction is premature. It is noted that the site data table included on sheet A1.00 -5, needs to be revised to show the correct total number of parking spaces being provided (281 spaces instead 280 spaces); also, sheet A1.00 for the north building needs to depict the correct number of parking spaces being provided for the north building (58 spaces instead 57 spaces). Thus this is attached as condition of approval. Handicapped Accessible Parking: Pursuant to LDR Section 4.6.9(C)(1)(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Accessibility for residential structures is also covered by the Federal Fair Housing Act. Under the provisions of these codes, accessible parking must be provided at a rate of 2% of the spaces required for the residents. This equates to a requirement of six (6) accessible parking spaces (311 x 2% = 6.22 spaces). The requirement for non - resident guest Site Plan Review and Appearance "Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 12 spaces is addressed in the Florida Accessibility Code for Building Construction, Under this code, the forty (40) guest spaces required will require one (1) additional accessible parking space, for a total of seven (7) spaces required for the proposed development. Since a total of ten (10) handicap accessible parking spaces have been provided, this LDR requirement has been met. r Bicycle Parkin LDR Section 4.6.9(C)(1)(c) and Transportation Element Policy D -2.2 of the Comprehensive Plan require that a bicycle parking facility be provided. The subject property is located within the City's Transportation Concurrency Exception Area (TCEA). Bicycle racks do not completely address the intent of Policy D -2.2, which, as expressed in Goal Area D, is to provide a mechanism to encourage alternative options to automobile travel. Bicycle racks provide limited security which is better suited to short term bicycle parking. While this is appropriate for visitors and short term stops by the residents, it is not appropriate for longer term storage. For the use of bicycles to be encouraged, residents must feel that their bicycles are secure. Since adequate storage is not provided in the residential units themselves, it is recommended that a secured storage area, including bike lockers in secured storage on each floor, be provided for this purpose. There are two bike racks (thirteen bike parking capacity each) that are located on both side of the main access to the South Building, and eleven bike lockers are located under the pool area (secured facility). In addition, a valet bicycle parking storage area is being proposed on the north building. The "valet bicycle parking facility" is centrally located to serve moth buildings, and has been placed in the southeast portion of the north building along SE 3rd Avenue. The applicant must provide a narrative of the operating details of the valet parking facility and a manufacturer shop drawing of the type of secure bike lockers proposed in the storage area before site plan certification, and thus, this is attached as a condition of approval. 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 thirty one (31) compact parking spaces located within the proposed covered parking garage for the North and South Buildings. This represents approximately 11% of the total spaces provided, thus meeting the requirement. Bus Shelter: As noted earlier in this report, pursuant to Transportation Element A -1.5 of the Comprehensive Plan, the applicant shall provide a contribution of approximately one -half the cost of a bus shelter prior to certification of the site plan. Thus, this is attached as a condition of approval. Lighting: A photometric plan consistent with the requirements of LDR Section 4.6.8 and a light fixture detail has been submitted for the development proposal. The maximum and minimum Foot Candle (FC) illumination levels for the covered parking areas as well as the street parking required by the LDR have been met. Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 13 Minimum Residential Floor Area: The following table indicates that the proposal complies with LDR Section 4.3.4(K) [Minimum residential floor area]. There are 43 efficiency dwelling units that range in size from 605 square feet to 646 square feet; 3 efficiency + den that range in size from 876 to 929 sq. ft.; 99 one - bedroom dwelling units that range from 907 to 1,247 sq. ft.; 24 one bedroom + den units that range in size from 1,121 to 1,321 sq. ft.; 28 two bedroom dwelling units that range in size from 1,532 square feet to 1,977 square feet; and two bedroom + den unit that measures 1,189 Sq. ft., Based upon the above, this LDR requirement has been met. Refuse Enclosure: Pursuant to LDR Section 4.6.6(C)(1), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right -of -way. The development proposal includes two trash rooms; one located on the southwest side of the South Building, and the other is located on the north side of the North Building. Both trash room areas provide a dumpster with out - swinging doors and are adjacent to loading areas. The applicant has stated that maintenance personnel will transfer the trash to the dumpster and place them in the appropriate area for pick -up by Waste Management. Accommodations for recyclables bins have been provided, and thus, this LDR requirement has been met, Plat: As the development proposal includes the dedication of right -of -way along SE Vt Street, and SE 3rd Avenue, and thus, a plat must be processed and recorded prior to issuance of a building permit; and this is attached as a condition of approval, Crime Prevention Throuuh Environmental Desian (CPTED): Access Control: Natural Access Control involves the use of doors, gates, locks and bollards to deny access to crime targets. Closing and locking pedestrian gates should be done at all times to avoid trespassers entering the property. With regard to the parking garage entrances on both buildings, there should be some access control whereby a gate controlled by access cards, remotes, or an attendant be present to allow residents inside to park their vehicles. In reference to guests visiting the property, are there gates for the entrance to the garages? How will the residents access the garages? For the main lobbies of both buildings, will there be a security guard present to allow access to the lobby? Will the doors be locked at a certain time? This is important due to the area where these properties are located. It is recommended that a security plan approved by the Police Department be provided; such plan needs to indicate whether the Standard Provided Total : Compliance with Sq i=t $q Ft.`. Units LQR Re uirements� Dwellin �UnitT. a:' Efficiency 400 605 to 646 43 Efficienc + Den 876 to 929 3 One Bedroom 600 907 to 1,247 99 One Bedroom + Den 1,121 to 1,321 24 • Two Bedroom 900 1,532 to 1,977 28 Two Bedroom + Den 1,189 1 • Three Bedroom 1,250 NIA 0 Four Bedroom 1,500 NIA 0 Refuse Enclosure: Pursuant to LDR Section 4.6.6(C)(1), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right -of -way. The development proposal includes two trash rooms; one located on the southwest side of the South Building, and the other is located on the north side of the North Building. Both trash room areas provide a dumpster with out - swinging doors and are adjacent to loading areas. The applicant has stated that maintenance personnel will transfer the trash to the dumpster and place them in the appropriate area for pick -up by Waste Management. Accommodations for recyclables bins have been provided, and thus, this LDR requirement has been met, Plat: As the development proposal includes the dedication of right -of -way along SE Vt Street, and SE 3rd Avenue, and thus, a plat must be processed and recorded prior to issuance of a building permit; and this is attached as a condition of approval, Crime Prevention Throuuh Environmental Desian (CPTED): Access Control: Natural Access Control involves the use of doors, gates, locks and bollards to deny access to crime targets. Closing and locking pedestrian gates should be done at all times to avoid trespassers entering the property. With regard to the parking garage entrances on both buildings, there should be some access control whereby a gate controlled by access cards, remotes, or an attendant be present to allow residents inside to park their vehicles. In reference to guests visiting the property, are there gates for the entrance to the garages? How will the residents access the garages? For the main lobbies of both buildings, will there be a security guard present to allow access to the lobby? Will the doors be locked at a certain time? This is important due to the area where these properties are located. It is recommended that a security plan approved by the Police Department be provided; such plan needs to indicate whether the Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 14 access of residents to the parking garage for both buildings, and the access to the lobby, would be controlled by access cards, code access number, or remote control clickers, and thus, approval of a security plan by the Delray Beach Police Department is attached as condition of approval. Lighting: Lighting strategies are important for two reasons: first, they ensure that the appropriate amount of illumination protects a site; and secondly, they provide quality light; characterized by minimum glare and color distortion. The photometric study submitted indicates that the lighting will provide sufficient illumination for the parking garage, roadways, entrance and units. The light fixtures used must be LED, as they provide the best light with the least amount of glare. The lights should be positioned to avoid glare areas and blind spots; a note to this effect shall be placed on the site plan, and thus, this is attached as condition of approval Safety /Security: It is recommended that some sort of CCTV or camera security device and an alarm be placed in both buildings at the pool area, all levels of the parking garage, the lobbies, and all entrances to the buildings including the parking garage entrance, and thus, this is attached as a condition of approval. In the event of a crime, the cameras will aid with identification of the suspect, preventing repeat incidents. Alarms and alarm signage will also help deter burglaries. Vehicular Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance between a right -of- way and the first parking space for a parking area that has 51 or more parking spaces and only one point of access is 50'. If the parking area has two or more point of access then the required stacking distance is only 20' feet. The south building has two separate point of access for two separate parking garage areas. The proposed 132 -space parking garage for the south building provides two points of ingress/egress driveway, one located along SE 2nd Street; and a second one located along SE 3`d Avenue. Thus, there is no concern regarding the stacking distance provided (20' required while 30' and 28' are proposed). However, the proposed 91 -space parking garage for the south building provides one point of ingress/egress driveway located along SE 3`1 Avenue. Similarly, the 58 -space parking garage for the north building provides only one point of ingress/egress driveway also located along SE 3`d Avenue. It is noted that both points of ingress/egress driveways provide less than the 50' minimum stacking distance required by code and the applicant has requested a waiver to this LDR requirement. Waiver ##2 - Analysis: Pursuant to LDR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has requested the following waiver requests: Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 15 For the North Building: • A waiver request to reduce the required stacking distance for the cover parking access driveway located along SE Vt Street: from the required 50' to the proposed 28' -0" 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. For the South Building: • A ^waiver request to reduce the required stacking distance for the 91 space cover parking access driveway located along SE 3`d Avenue, from the required 50' to the proposed 30' The following justification statement is offered for the North Building waiver request: "....We are requesting a waiver to the LDR Section 4.6.9(D)(3)(c)(1) to reduce the stacking distance from required 50` -0" to the proposed 28' -0" for the north building, west side of access driveway (it should be noted that the actual distance to the "edge of pavement" is 38` -3'). Also, we are requesting a waiver to the stacking distance to the LDR Section 4.6.9(D)(3)(c)(1) from the required 50' -0" to the proposed 23' -4" for the east side of the access driveway (it should be noted that the actual distance to the "edge of pavement" is 40`O'). The reduced stacking distance will not create an unsafe situation, as the north building has ample parking and there is no commercial component which would otherwise be more impacting on the traffic circulation ". The following justification statement is offered for the South Building waiver request: '....We are requesting a waiver to LDR Section 4.6.9(D)(3)(c)(1) to reduce the stacking distance from the required 50'O" to 30` -0" for the south building along SE 3r' Avenue, access driveway (it should be noted that the actual distance to the "edge of pavement" is 42' -3'). The reduced stacking distance will not create an unsafe situation, as this building has ample parking and there is no commercial component which would otherwise be more impacting on the traffic circulation ". Pursuant to LDR Section 4.6.9(D) (3) (c)(1), provisions are to be made for stacking such that traffic may not backup into the public street system. The development proposal has provided one ingress/egress point for the 91 -space covered parking garage located in the south building; along SE 3rd Avenue with a stacking distance of 30'; and also one ingresslegress point for the 57 -space covered parking garage located in the north building along SE 1st Street with a stacking distance of 28' -0" for the west side of the access driveway, and 23' -4" for the west side of the access driveway. The south building private parking garage will not support office or retail space nor will it be for public use. Although the access driveway for the south building does have a lesser stacking distance than the required 50' (30' -0" proposed), the residential nature of the development means that there will not be a constant flow of vehicles from the parking spaces along this driveway point of access. It is noted that the north building provides only one ingresslegress point from SE 1 St Street to a 58 -space parking garage area, and it is the only point of entry into the parking garage for the north building. As indicated above for the south building, this private parking garage for the north building will not support office or retail space nor will it be for public use, and therefore, there will not be a constant flow of vehicles from the parking spaces along the access. Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 16 A 50' stacking distance is more appropriate for a suburban parking lot, where roads are abundant with high speed traffic. Similar waivers have been approved for other projects in the CBD District, including Miraflores multiple family residential development, Atlantic Shores multiple family residential development, Saxena White office building, The Mark Mixed Use building, SOFA Buidling #2, and West 5th Condos multiple family residential development. Thus, the reduced stacking distance should not result in the creation of an unsafe situation. Further, the waiver requested will not adversely affect the neighboring area or diminish the provision of public facilities. This waiver would also be supported under similar circumstances and therefore will not result in the granting of a special privilege. Based on the above positive finding can be made with respect to LDR Section 2.4.7(6)(5). Sidewalks: Pursuant to LDR Section 6.1.3(B)(1)(f), an 8' sidewalk shall be provided on the Central Business District. The applicant is requesting a waiver to reduce the required width of the sidewalk along the west side of SE 3rd Avenue, and along the north side of SE 2nd Street from 8' -0" to 5' -0 ". The applicant instead would like to install new paver sidewalks with a "serpentine" pattern with a width ranging from 5' -0" to 8' -0 ". Waiver #3 — Analysis: Pursuant to LDR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The following justification statement is offered for the waiver request: "...We are requesting to install new paver sidewalks with a "serpentine" pattern with width's ranging from 5' -0" to 8' -0" This is based on proposing no commercial component in either building, in addition to all the on street parking being provided which acts as an additional buffer for the pedestrians and the vehicular traffic. Based on the fact that the project does not have a commercial component, the plans have been revised to denote an 8' -0" wide "serpentine" paved sidewalk to be installed along both sides of SE 1St Street with meandering 'serpentine' sidewalks between 5' -0" and 8'O" wide along SE 3rd Avenue and S.E. 2nd Street All the new sidewalks are to be constructed using paver block as requested by the City. In addition to the paver sidewalks, the developer will be installing r -o -w. improvements that currently do not exist. They are landscape islands, irrigation and lighting ". The Central Business District design guide lines require that all buildings be placed in close proximity to the right -of -way, to encourage pedestrian flows and access and to foster a uniform Site Plan Review and Appearance Board Staff Report: Meeting of 1 0/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 17 streetscape with ample sidewalks for pedestrian traffic. Main thoroughfares in the CBD (Central Business District) such as Atlantic Avenue, Pineapple Grove Way and the Federal Highway pairs require an 8' wide sidewalk due to the intensity of development and anticipated volume of pedestrian traffic. The proposed design provides for a new paver block 8' -0" wide sidewalk along both sides of SE 1st Street, but with meandering 'serpentine' sidewalks that measure between S -0" and 8' -0" wide along SE Yd Avenue and SE 2nd Street. The applicant will be required to install the standard paver block sidewalks in order to provide a uniform sidewalk system in the area, and thus, this is attached as a condition of approval. A 5' wide sidewalk may not be consistent with the adjacent intensity of development and anticipated volume of pedestrian traffic. Staff does not support the requested waiver due to its immediate proximity to pedestrian — active Atlantic Avenue. Granting the requested waiver will have an adverse effect on the neighboring area, diminish the provision of public facilities, and create and unsafe situation. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) cannot be made. Loading: Pursuant to LDR Section 4,6,10 (B), (C), and (D), one 30' by 12' loading berth per building needs to be provided. It is noted that two (2) loading berths for the project have been provided; one on the southwest side of the south building along SE 2nd Street right -of -way, and the second one on the northeast side of the North Building along SE V Avenue r -o -w. Both loading berth measure 35' wide by 13' in length, and are located adjacent to the trash collection area and service elevators for both buildings. Sight Visibility Triangles: Pursuant to LDR Section 4.6.14(B)(1) when an access way intersects a public right -of -way, triangular areas shall provide unobstructed cross - visibility. The area on both sides of a driveway formed by the intersection of a driveway and an alley with a length of ten (10) feet along the driveway, a length of ten (10) feet along the alley right -of -way and the third side being a line connecting the ends of the other two lines. Visibility triangles for all access driveway points to the covered parking areas have been correctly depicted and there is no obstruction to any visibility. However, the back -up loading area located on the northeast side of the North Building along SE V Avenue r -o -w is required to be 10' by 10' and only 5' -6" by 5' -6" triangle is being provided. The applicant has requested a waiver to LDR Section 4.6.14(B)(1) to reduce the size of the north visibility triangle for the North Building loading area from the required 10' by 10' and to the proposed 5' -6" by 64". Waiver #4 - Analysis: Pursuant to LDR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 18 The following justification statement is offered for the waiver request: "...The request is for a waiver to LDR Section 4.6.14(6)(1) to reduce the size of the visibility triangle for the back -up loading area located on the northeast side of the North Building along SE 3rd Avenue r -o -w from the required 10=0" to the proposed 5' -6 ". It should be noted that this is for a loading space, where the edge of pavement is 5' -6" off the property line, We believe this waiver is justified because of the limited use of this loading space ". The traffic flow and travel speed along SE 3rd Avenue is significantly slower than other areas. The proposed distance from the edge of the travel lane to the property line is approximately 14 feet which provides adequate visibility for traffic traveling southbound and northbound on SE 3d Avenue. From the driver's position in the vehicle, the actual sight visibility from the access loading driveway reaches approximately 14' in both directions. Given these conditions, the reduction of the visibility triangle from the required 10' -0" to the proposed 5' -6" is supportable. Granting the requested waiver will not have an adverse effect on the neighboring area, diminish the provision of public facilities, or create and unsafe situation. This waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege, Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. Right-of-Way Dedication: Pursuant to LDR Section 5.3.1 and Table T -1 of the Transportation Element of the City's Comprehensive Plan, the ultimate right -of -way width for SE 1st Street is 55' and currently 50' exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may require r -o -w dedications or grant reductions in right -of -way widths. The Development Services Management Group (DSMG) at its meeting of July 11, 2013, required that 2 1/2 feet of r -o -w dedication will be required for both sides of SE 1st Street. Also, 5 feet of right of way dedication along SE 3rd Avenue from SE 1St Street to the north limit of the north parcel will also be required. These dedications of r -o -w have been depicted on the site plan, landscape plan and engineering plans and must be executed as part of the plat for the proposed development, and thus, this is attached as a condition of approval. Corner Clip: Pursuant to LDR Section 5.3.1(D)(3), a right -of -way dedication will be required at all intersections in the Central Business District (CBD). This right -of -way dedication will consist of an area of property located at the corner formed by the intersection of two or more public rights -of -way with two sides of the triangular area being 20 feet in length along the abutting public right -of -way lines. Further, a dedication of 10 feet shall be required along both sides at the intersection of an alley and right -of -way. These areas are to be measured from their point of intersection, and the third side being a line connecting the ends of the other two lines. This right - of -way dedication will be referred to as a "corner clip" and is provided to ensure adequate right - of -way for the safe movement of pedestrians in the CBD. Corner clips measuring 20' by 20' need to be depicted on the site plan and engineering plans for the northwest intersection of SE 1St Street and SE 3rd Avenue, and also for the southwest and northwest intersection of SE 2nd Street and SE 3rd Avenue. These corner clip dedications will have to be executed along with the plat of the property, and thus this attached as a condition of approval. Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 19 Underaroundina of Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A note to this effect shall be placed on the site plan, and thus, this is attached as condition of approval. Architectural Standards: It is noted that pursuant to LDR Section 4.6.18(13)(14)(v), buildings subject to the Downtown Design Guidelines are required to provide a change in roof design, doors and window rhythm and articulation, and building materials or textures every 150' of building frontage. Minimum spacing between the same architectural compositions shall be 300'. The proposed architectural design style includes various elements of modern contemporary architecture such as pre - fabricated modular aluminum trellis, Benjamin Moore Chaulk White aluminum frame windows, masonry walls with score lines, 42" high cable aluminum railings, cantilevered balconies, and shaped parapets at different height intervals. The various flat roof lines are well articulated by stepping back as much as 15' -0" from the front facade of the building and between 60' to 125' from the rear fagade of the south building. This contributes to a reduction in the perception of mass, provides a variation in design and adds significant visual interest to the elevations. In addition to the step backs and offsets provided, the architectural elevations of the structure also incorporate diversity in color (two types of Benjamin Moore white colors, four different tones of light green colors, and a Benjamin Moore gray color with satin finish). The following architectural design elements are included in both buildings: decorative pre - fabricated painted aluminum panels, thin clad smooth stucco veneer, cantilever concrete smooth stucco headers beyond the edge of the windows, decorative score lines with stucco finish, decorative balcony railings, and exposed concrete overhangs. It is noted that solar panels for garage and pool deck lighting are proposed on the roof deck of both buildings. The rhythm and proportionality of the architectural treatments creates an appealing presentation. The various flat roof lines are well articulated by parapets at different heights intervals. This contributes to reduce the perception of mass, provides a variation in design and adds significant visual interest to the elevations. In addition to the step backs and offsets provided, the architectural elevations of the structure also incorporate diversity in color, window and door shapes and locations. The ground floor parking structure proposed incorporates design elements of the main building such as color, vertical and horizontal elements, and architectural style. A change in flat roof design, heights, doors, window rhythm and articulation, building materials and textures are presented every 150' segment for the east elevations of both buildings. The spacing between similar segments in the architectural elevations has been set at 300'. It is noted that the volumetric variations present on the east elevations for both buildings can be considered to be sufficient to meet the separation in architectural compositions requirement, and thus, this LDR requirement has been met. It is noted that the art /commercial displays proposed for the openings on the ground floor covered parking areas for the north and south buildings' east elevations need to be labeled /depicted on Sheet A3.01 -N and Sheet A3.01 -S. Thus this is attached as condition of approval. Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 20 Minimum Transparencv or Glass Surface Area: Staff review of the site plan submitted indicates that a waiver to LDR Section 4.6.18 (B)(14)(iv)(2) will be required. This LDR Section requires that the minimum transparency or glass surface area on the ground floor of all non - residential buildings shall be a minimum of 75 %. The proposed ground level parking garage east elevations for both the North and South Buildings do not meet this LDR requirement, and thus, the applicant has requested relief. The waiver request is to reduce the minimum transparency or glass surface along the west side of SE 3rd Avenue, the north side of SE 2nd Street, and along the north and south side of SE 1s1 Street from the required 75% to the proposed 0 %. Waiver #5 - Analysis: Pursuant to LDR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided the following justification for the waiver request: ".....This request is based on the proposed project, has no commercial component in either building. The ground floor of both buildings is made up of covered parking and plaza style entrances at all corners and midpoint of building. Currently we are proposing "green walls" for all openings into garages, the developer proposes to installing '7 -0" deep storefront commercial and art display areas" for additional architectural elements in place of having all "green walls" openings. A 'bicycle valet' area for the entire project has been positioned on the southeast corner of the north site (comer of S.E. 1" Street and S.E. 3" Avenue) to provide the appearance of a retail /commercial component. Although we intend to install a 'green -wall' type system in the parking garage openings facing the street, the developer proposes also to install window displays in some of said openings to meet LDR requirements ". A 75% minimum transparency or glass surface area is required along the west side of SE 3rd Avenue, the north side of SE 2nd Street, and along the north and south side of SE 1" Street. The function and use of both buildings in the ground floor level includes a typical ground floor parking garage which is an accessory use associated with the proposed residential development. Complying with the 75% transparency area required by the LDR may be undesirable for safety reasons but also onerous in terms of cost; window shopping in a ground floor parking garage may not be an appealing feature for pedestrians. However, in order to mitigate this LDR requirement, the applicant is proposing 2' deep art - commercial glass displays to be located on the ground floor elevations along the west side of SE 3rd Avenue, the north side of SE 2nd Street, and along the north and south sides of SE 1$` Street. The percentage of surface transparency area proposed is consistent with the use and the design of Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 21 the proposed residential building. It is noted that the ground floor of both buildings is made up of covered parking and plaza style entrances at all corners and midpoint of the proposed buildings. The applicant is proposing "green walls" for all openings into garages facing the west elevations of the buildings. These openings will aid illumination and natural air ventilation. As indicated above, the developer proposes to install "2' -0" deep storefront art /commercial display areas" as required by the LDRS along the east, north and south elevations for the south building and along the east and south elevations for the north building. The requirements for glazing transparency and minimum light transmission reductions are customarily associated with commercial and retail uses and not residential uses. The main purpose of the LDR Section 4.6.18 (B)(14)(iv)(2) requirement is to maintain a pedestrian friendly streetscape with a retail /office environment which is not consistent with the residential use and ground floor parking garage. However, the proposed 2' deep art - commercial glass displays comply with the conditional use condition of approval that requires that at least fifty percent (50 %) of the surface area of the frontage facing SE 1 St Street walll(s) at the ground floor of the North Building needs to be devoted to display windows. The applicant is proposing art - commercial displays for the south building as well. The Central Business District design guide lines require that all buildings be placed in close proximity to rights of way to encourage pedestrian eye contact, and to foster a uniform streetscape. The proposed level of transparency satisfies the spirit of this requirement, and thus, the requested waiver should be supported. Granting the requested waiver will not have an adverse effect on the neighboring area, diminish the provision of public facilities, or create and unsafe situation. This waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. The waiver request to be approved will be as follows: For the North Buildin : • Along SE 3rd Avenue from the required 75% to the proposed 50 %; • Along SE 1St Street from 75% to the proposed 63 %; 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 %; Fifty Percent 50% of the Garage Portion of the Building to be Dedicated to other Uses: Pursuant to LDR Section 4.6.18(B)(14)(vi)(4)(b), a minimum of 50% of the ground floor perimeter of the garage or the garage portion of the building adjacent to street rights -of -way shall be devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc. This number may be reduced by the Site Plan Review and Appearance Board. The applicant is proposing Z deep art - commercial glass displays to be located on the ground floor elevations along the west side of SE Td Avenue, the north side of SE 2nd Street, and along the north and south side of SE 1St Street. The proposed parking garage east elevation for the North and South Buildings does meet this LDR requirement. Section 4.7.3 Provision of Workforce Housing Units Developers will be allowed additional density or height in exchange for providing workforce housing units, subject to the limits and requirements of this chapter. Developers will be allowed Site Plan Review and Appearance Board Staff Report: Meeting of 19/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 22 additional density, beyond the base number allowed per existing Land Development Regulations after performance standards have been met. For Sale Housing Units Pursuant to LDR Section 4.7,7, there are numerous requirements that apply to the sale of owner - occupied workforce housing units. These stipulations identify the terms under which these units need to be sold such as eligibility, occupancy, and terms of purchase. A condition of approval is attached that if the units are sold it should be done in accordance with this section. Resale and Subsequent Rentals of Affordable Units Pursuant to LDR Section 4.7.8, to maintain the availability of workforce housing units which may be constructed pursuant to the requirements of this program, numerous restrictions have been put into place on the rental or resale of workforce housing. A condition of approval is attached that the terms of resale or subsequent rentals of affordable units, pursuant to LDR Section 4.7.8, be included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach County. Workforce Housing General Provisions Per LDR Section 4.7.9(a), all workforce housing units shall be situated within the development so as not to be in less desirable locations than market -rate units in the development and shall, on average, be no less accessible to public amenities. Further, per LDR Section 4.7.9(b), the workforce units must be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate units and provide them as standard features. All workforce housing units shall contain comparable square footage to the corresponding market -rate units. Covenants Enforcement: Pursuant to LDR Section 4.7.9(g), the City of Delray Beach, its successors and assigns may enforce the covenants relating to the workforce units. No amendments to the covenants shall be made unless by written instrument approved by the City; this is attached as a condition of approval. Review and Approval Process: Pursuant to LDR Section 4.7.10(x), final conditions of approval shall specify that the restricted units are priced and/or rented to the eligible income group. A condition of approval is attached that requires the coordination with the Community Improvement Department on renter or buyer eligibility and housing prices for the workforce units. LAINDSCAPE PLAN ANALYSIS A landscape plan consistent with LDR Section 4.6.16 has been submitted and reviewed by the City Senior Landscape Planner. The north building provides 14.03% pervious open space over the total site area while 0% is required by Code. The south Building provides 27.07% pervious open space over the total site area while only 10% is required by the LDRs. The landscape plan for the project is in excess of the minimum standards required, it demonstrates an innovative use of plant material in the design and provides useable open space and maximizes available areas for pedestrian interaction. This is clearly noticed at the proposed public spaces that Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 23 provide access to both buildings at the intersection of SE 2nd street and 3rd Avenue, and SE Vt Street and 3r6 Avenue. The project offers a variety of vegetation. Landscape islands in the public right -of -ways and brick paver sidewalks enhance the public streets adjacent to the proposed development. Decorative light fixtures, 28 light posts along the sidewalks, the landscape second floor amenity promenade, and decorative pavers are some of the common elements that add character to the proposed development. In addition, the amenity deck landscape treatment is a focal point on the west side of the structure above the parking deck. Based on the above analysis, the Landscape Plan complies with LDR Section 4.6.16, provided the following technical item listed below is addressed. Landscape Plan Technical Items: While the landscape plan has accommodated all of the staff concerns, the following item remains outstanding, and must be addressed prior to building permit submittal: The proposed plantings outside the property line will require the execution of a Landscape Maintenance Agreement. This can be a timely process so it would be beneficial to have this agreement and its corresponding exhibits submitted as quickly as possible. The agreement shall be submitted to Peter Anuar, Senior Landscape Planner. The agreement has not yet been received. It appears that the applicant plans on submitting this during the building permitting phase. Thus, we should make this a Condition of Approval. Site Plan Engineering Technical Items: While the revised site plan has accommodated most of the staff concerns some preliminary engineering technical comments remain outstanding, and must be addressed prior to site plan certification. Please be advised that the City Engineer staff is still in the process of reviewing the project and some of the following comments may not apply. See Appendix "D" of this Staff Report for pending Engineering Technical Comments. LDR Section 4.6.18(E) 4.6.18 E -, Criteria fo , r Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: 1. The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The project has a contemporary architectural style. The structures include many 'green architecture' type of enhancements including, but not limited to, green -wall systems, solar panels on the roof to provide power to the parking garages and amenity decks, electrical car charging stations and abundant bicycle racks and bicycle valet. The structures have different profile modern railings, aluminum paneling and stone cladding systems in addition to a smooth stucco finishes. Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 24 The proposed architectural design style includes various elements of contemporary architecture such as pre - fabricated modular aluminum trellis, Benjamin Moore Chaulk White aluminum frame widows, masonry walls with score lines, 42" high cable aluminum railing, cantilever balconies, shaped parapets at different height intervals. The various flat roof lines are well articulated by stepping back as much as 15' -0" from the front facade of the building and between 60' to 125' from the rear facade of the south building. This contributes to a reduction in the perception of mass, provides a variation in design and adds significant visual interest to the elevations. In addition to the step backs and offsets provided, the architectural elevations of the structure also incorporate diversity in color (two types of Benjamin Moore white colors, four different tones of light green colors, and a Benjamin Moore gray color with satin finish. Five different shapes of windows and two door shapes, two different types of covered balconies, decorative pre- fabricated painted aluminum panel system, thin clad smooth stucco veneer, cantilever concrete smooth stucco headers beyond the edge of the windows, decorative score lines stucco finish, decorative balcony railings, and exposed concrete overhangs. It is noted that solar panels for garage and pool deck lighting are proposed on the roof deck of both buildings. The rhythm and proportionality of the architectural treatments creates an appealing presentation. The various flat roof lines are well articulated by parapets at different heights intervals. This contributes to reduce the perception of mass, provides a variation in design and adds significant visual interest to the elevations. In addition to the step backs and offsets provided, the architectural elevations of the structure also incorporate diversity in color, window and door shapes and locations. The ground floor parking structure proposed incorporates design elements of the main building such as color, vertical and horizontal elements, and architectural style. A change in flat roof design, heights, doors, window rhythm and articulation, building materials and textures are presented every 150' segment for the east elevations of both buildings. The spacing between similar segments in the architectural elevations has been set at 300'. The rhythm and proportionality of the architectural treatments create an appealing presentation and visual interest. The proposed development is a well- conceived high quality architectural design product that will contribute to enhance the image of the City of Delray Beach. Based upon the above, positive finding can be made with respect to LDR Section 4.6.18(E). 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, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: LDR Section 3.1.1(A) - Future Land Use Map: The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC) and a zoning designation of CBD which are consistent with one another. Pursuant to LDR Section 4.4.13(D) (14), 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). As discussed previously, at its meeting of September 17, 2013, the City Commission made positive findings with respect to the referenced performance Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 25 standards and granted an increased density to 63 du/ac; thus positive findings can be made with respect to FLUM consistency. LDR Section 3.1.1(6) - Concurrency: As described in Appendix "A ", a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. LDR Section 3.1.1(C) - Consistency (Standards for Site Plan Actions): As described in Appendix "B ", a positive finding of consistency can be made as it relates to Standards for Site Plan Actions, LDR Section 3.1.1(D) - Compliance with the Land Development Regulations: As described under the Site Plan Analysis section of this report, a positive finding of compliance with the LDR can be made when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: While the Planning and Zoning Board and the City Commission made positive findings with respect to the following Objectives and Policies of the Comprehensive Plan, the following analysis is provided: Future Land Use Element Objective A_1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed residential development. The development will be complimentary with the future surrounding residential and commercial developments (Saxena White office Building, The Mark, Up -Town Delray, the Boueri Office Building, and SOFA Buildings #1 and SOFA Building #2) and will provide a customer base for the businesses on a year -round basis, which in turn will provide economic stability and growth for the downtown area. In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan states the following: "One of the most important objectives of the City's overall housing policy is the establishment of housing in the downtown area. In the years since adoption of the 1989 Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally oriented shopping district to a vibrant year -round retail, service, and entertainment area with an active nightlife. A critical missing element is a significant housing development. The City recognizes the importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area ". The proposed Strand development will help to fulfill this stated land use need by providing 198 additional dwelling units in the downtown area in close proximity to shopping, employment and transportation, and is therefore consistent with this policy. Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 26 However, while the residential use may be appropriate in some respect, the following issues are of great concern: 1) the lack of a non - residential component as required by LDR Section 4.4.13(1) (b) and (h); 2) parking shortage of 30 spaces discussed previously in this report under LDR compliance. Given the above concerns positive findings cannot be made with respect to Future Land Use Element Objective A -1, 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. Future Land Use Element Policy C -3.2: The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1 -95 and A -1 -A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village by- the -sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing /economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. The following excerpts are from the Downtown Delray Beach Master Plan: On page 36 - `Increasing residential density is absolutely crucial to ensure a healthy and lasting life to the Central Core District. The residential component will be the element that will make the Central Core District evolve from a high -end leisure area for a few, to a true downtown that serves the needs of the community as a whole. It will be the factor that induces the proliferation of services for locals, today very scarce or even non- existent. " On page 38 - "in order to maintain the overall "Village Atmosphere" of the City, but at the same time create enough density to encourage a variety of local services and a more balanced mix of retail in downtown, the Master Plan's recommendation in all the reviewed cases consistently supports higher densities within the CRA's downtown district, especially in the four blocks north and south of the Avenue. It is this Plan's additional recommendation to include a minimum density requirement in the zoning code. Within the downtown area, low, suburban densities will cause more harm than slightly higher ones. Within a downtown area, density is directly associated with the health and success of downtown." As noted above, increased residential density is crucial to the long -term sustainability of the downtown. The proposed development will allow a residential density of 63 units per acre on the subject property. This increased density equates to an additional 104 units over the base density of 30 units per acre (3.12 acres x 30 du. per acre = 94 units allowed -198 units proposed = 104). The development proposal will locate a total of 198 residential dwelling units of various floor plans and sizes within the downtown area. The residents of these dwellings will be able to walk to shops, restaurants, cultural areas and parks. They will interact on a regular basis with storekeepers and employees, and their neighbors. They will get to know the downtown much more intimately than the majority of Delray residents. They will play a major role as participants, and contributors to, the downtown area community. The Strand development proposal is Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 27 consistent with Future Land Use Element Objective C -3 and Policy C -3.1 as it will facilitate the continued rehabilitation and dynamic revitalization of the CBD zoning district, 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 shalt be made to the City in -lieu of providing the bus shelter on site. Currently, the Palm Tran Rotate #81 (Eastbound Atlantic Avenue) serves both building sites along SE 1St Street with an existing Palm Tran bus stop located at the southeast corner of SE 151 Avenue and SE 15t Street. The development should contribute toward the provision of a bus shelter at this location. A contribution of approximately one -half the cost of a bus shelter must be paid prior to certification of the site plan for the development, and thus, this is attached as a condition of approval. Subject to the compliance of this condition of approval, the development will comply with Transportation Element Policy A -1.5. Transportation Element Policy D-2.2: Bicycle parking facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. 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. For the use of bicycles to be encouraged, residents must feel that their bicycles are secure. Since adequate storage is not provided in the residential units themselves, it is recommended that a secure storage area, such as bike lockers and or secure storage on each floor, be provided for this purpose. There are two bike racks (thirteen bikes parking capacity each) that are located on both side of the main access to the South Building, and under the pool area (secured bike locker facility). In addition, a valet bicycle parking storage area is being proposed on the north building. The "valet bicycle parking facility" is centrally located to serve both buildings; and has been placed in the southeast portion of the north building along SE 3rd Avenue. The function of the valet system is unclear. It seems perhaps unlikely that this system would be provided through the day for the occasional user or that there would be a high demand for this kind of facility. It may be a service that initially will be in -low demand and that perhaps as the City evolves with a road infrastructure that is robust and flexible enough as to significantly increase bike users then the service may prove very effective and in high use. The applicant must revise the site plan to provide a short narrative of the operating design details of the valet parking facility (i.e. total capacity, levels) and location of bike lockers spaces for the valet parking attendant to place the bikes; Also, provide a manufacturer shop drawing of the type of bike lockers proposed before site plan certification, and thus, this is attached as a condition of approval. 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 iinfill 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 because the City recognizes that households located in the downtown are likely to have fewer children than those located in suburban settings. Furthermore, land in the downtown is at a premium and it can be cost prohibitive to provide land intensive recreational features such as tennis courts, volleyball courts, etc. However, the proposed development does provide recreational facilities on the second and fourth level of the two four and three story buildings for its residents which include Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 28 an amenity deck with extensive planting material, trellis areas, a spa, swimming pool, a covered BBQ area, extensive pool deck with lounge chairs, a fitness- exercise room, a club house, and a kid's room for younger residents, and restrooms, all located on the 2nd floor for the south building and on the fourth floor for the north building., Other recreational, cultural and open space opportunities located in proximity to the Strand development include Veteran's Park, which contains a large playground and recreational area; the Municipal Beach; Currie Commons Park, which includes a baseball field and playground; the City's Tennis Center; and Old School Square Cultural Center. As playground areas are located close by (Veteran's Park and Currie Commons Park) and other facilities are available on site that can be utilized by children, such as the pool and game room, the intent of this policy has been met. Based on the above, it is appropriate to partially waive (tot lot) this requirement to provide these services entirely on site. The applicant instead has provide a kid's room for each building The Strand development proposal is consistent with Open Space and Recreation Element Policy A -3.1 of the comprehensive Plan. Housing Element Objective 13-2: 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: Housinq 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 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. While the proposed development will not be restricted to occupancy by adults only, it is acknowledged that downtown dwellings are not typically occupied by families with two (2) or more children. To appropriately address the market demand, this development will primarily accommodate single adults, elderly and young professional couples. Therefore, it is appropriate that the requirement to provide three (3) and four (4) bedroom units not apply under the provisions of this policy. The development will provide a mix of efficiency (studio units), one (1) and two (2) bedroom units. It is noted that the applicant sought a waiver to increase the percentage of one - bedroom units from a maximum of 30% to 51% (excluding efficiencies). This waiver was approved by the City Commission along with the conditional use to increase density in excess of 30 units per acre (63 unit per acre proposed) on September 17, 2013. Future Land Use Element Objective C -3: The Central Business district (CBD) represents the essence of what is Delray Beach i.e. a "village like, community by the sea ". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart in South Florida ". The following policies and activities shall be pursued in the achievement of this objective: Policy C -19: 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; Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Glass V Site Plan, Landscape Plan and Architectural Elevations Page 29 ❑ 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 development proposal will locate 198 residential dwelling units of various floor plans and sizes within the downtown area. The residents of these dwellings will be able to walk to shops, restaurants, cultural areas and parks. They will interact on a regular basis with storekeepers and employees, and their neighbors. They will get to know the downtown much more intimately than the majority of Delray residents. They will play a major role as participants and contributors to, the downtown area community. The Strand development proposal is consistent with Future Land Use Element Policy C -3.1 as it will facilitate the continued rehabilitation and dynamic revitalization of the CBD zoning district. Housing Obiective A -11: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City 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 -99.3: 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. As noted previously, the residents of this development will aid in the economic stability of the downtown area. Additionally, the Introduction of additional residential dwelling units will also likely improve the safety of the area by introducing more night time activity and more "eyes on the street" to observe what is happening in the area, which will be a deterrent to criminal activity. While the development proposal will result in additional 101 net new AM and 123 net new PM peak hour trips onto the surrounding roadway network, the number of daily trips generated will not negatively impact the area, Based upon the above, the development proposal will be consistent with Housing Policy A -11.3. LDR Section 2.4.50'1 (5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table identifies the zoning designations and uses that are adjacent to the subject property: Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 30 The development proposal will significantly enhance the aesthetics of the subject property. Further, the neighborhood and the downtown as a whole will benefit by the inclusion of new residential dwelling units. The surrounding CBD (Central Business District) zoning designation in the east, and west is the same as the subject property; to the south is zoned CBD -RC (Central Business District - Railroad Corridor), and to the north is zoned CF (Community Facility). 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), Positive findings that the proposed Strand development, meets six of the nine "Performance Standards" required were made with approval of the conditional use by the City Commission on September 17, 2013. The additional residents at this project should improve the stability of the CBD downtown neighborhood by increasing the number of "eyes on the street" in the neighborhood. The development activity should have a positive effect on redevelopment of neighboring properties. By adding to the downtown customer base, the additional residential development will also help to encourage a variety of local services and a more balanced mix of retail downtown. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(1 =)(5) that the proposed residential development will be compatible with the uses that prevail in the neighborhood, and will be harmonious with adjacent and nearby properties and previously approved projects in the CBD District. Community Redevelopment Agency: At its meeting of June 28, 2013, the consensus of the Community Redevelopment Agency (CRA) was to recommend approval of the Conditional Use request to allow a density exceeding 30 dwelling units per acre (63) dulac proposed) with the comment that commercial uses should be included on the ground floor of the north building. Downtown Development Authority: The Downtown Development Authority (DDA) reviewed the development proposal at its meeting of July 8, 2013. The Board recommended unanimous approval of the Conditional Use request to allow a density exceeding 30 dwelling units per acre (63 du/ac proposed), with the recommendation that the number of residential units be reduced so that the current parking shortage can be eliminated and the project will comply with the LDRs. It is recognizing that the credit being sought for the existing on- street spaces cannot be granted. There was no concern with regard to the lack of non - residential on the ground floor. Courtesy Notices: Courtesy notices have been sent to the following homeowner's and/or civic associations: Zoninq Designation: Use: North: Community Facility CF Parking Lot South: Central Business District - Railroad Corridor (CBD -RC) Convenience Store and Hair Salon built in 1970 East: Central Business District CBD Office West: Central Business District (CBD) Vocational School (Milagro Center) and Avenue East Office & Commercial Building The development proposal will significantly enhance the aesthetics of the subject property. Further, the neighborhood and the downtown as a whole will benefit by the inclusion of new residential dwelling units. The surrounding CBD (Central Business District) zoning designation in the east, and west is the same as the subject property; to the south is zoned CBD -RC (Central Business District - Railroad Corridor), and to the north is zoned CF (Community Facility). 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), Positive findings that the proposed Strand development, meets six of the nine "Performance Standards" required were made with approval of the conditional use by the City Commission on September 17, 2013. The additional residents at this project should improve the stability of the CBD downtown neighborhood by increasing the number of "eyes on the street" in the neighborhood. The development activity should have a positive effect on redevelopment of neighboring properties. By adding to the downtown customer base, the additional residential development will also help to encourage a variety of local services and a more balanced mix of retail downtown. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(1 =)(5) that the proposed residential development will be compatible with the uses that prevail in the neighborhood, and will be harmonious with adjacent and nearby properties and previously approved projects in the CBD District. Community Redevelopment Agency: At its meeting of June 28, 2013, the consensus of the Community Redevelopment Agency (CRA) was to recommend approval of the Conditional Use request to allow a density exceeding 30 dwelling units per acre (63) dulac proposed) with the comment that commercial uses should be included on the ground floor of the north building. Downtown Development Authority: The Downtown Development Authority (DDA) reviewed the development proposal at its meeting of July 8, 2013. The Board recommended unanimous approval of the Conditional Use request to allow a density exceeding 30 dwelling units per acre (63 du/ac proposed), with the recommendation that the number of residential units be reduced so that the current parking shortage can be eliminated and the project will comply with the LDRs. It is recognizing that the credit being sought for the existing on- street spaces cannot be granted. There was no concern with regard to the lack of non - residential on the ground floor. Courtesy Notices: Courtesy notices have been sent to the following homeowner's and/or civic associations: Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 31 ❑ Delray Beach Chamber of Commerce ❑ Delray Citizen's Coalition ❑ Neighborhood Advisory Council Public Notice: Formal public notice was provided to property owners within a 500' radius of the subject property in conjunction with the conditional use request. Public testimony indicating support of the project was presented at the Planning and Zoning Board and the City Commission meeting. Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. The development proposal is associated with the construction of two buildings: a south building with four -story of residential units containing 155 dwelling units; and a north building with three levels of residential units containing 43 dwelling units. Both buildings will have covered parking at grade level. The north building will accommodate 58 parking spaces on the ground level while the south building will accommodate 223 spaces; installation of thirty eight (38) parallel on- street parking spaces with landscape island and irrigation system; Twenty eight spaces (28) along SE TO Avenue, five (5) spaces along SE 15t Street, and five spaces (5) along SE 2 d Street. The project also includes the installation of an amenity deck with extensive planting material, trellis areas, a spa, a swimming pool, a covered BBQ area, extensive deck with lounge chairs, a fitness - exercise room, a club house, and restrooms, all located on the 2 "d floor for the south building and on the fourth floor for the north building. The development proposal also includes five (5) waiver requests associated with the proposed Strand multi - family residential development. These waiver requests have all been discussed within this staff report with recommendations of approval to the City Commission for each of them except for the waiver to reduce the width of the sidewalk from 5' to a serpentine sidewalk ranging from 5' to 8'. Staff does not support this waiver. Granting the requested waiver will have an adverse effect on the neighboring area, diminish the provision of public facilities, and create and unsafe situation. The required volume of pedestrian traffic along SE 3rd Avenue and its proximity to Atlantic Avenue requires 8 foot wide sidewalks for this project. Staff does not support the special parking reduction of 30 spaces. The proposed development will be inconsistent with Comprehensive Plan Policy B -2 -2, Future Land Use Element Objective A -1, and LDR Section 3.1.1 (Required Findings) relating to LDR compliance with Parking LDR Section 4.4,13(G)(1)(f) and Sidewalk Width pursuant to LDR Section 6.1.3(B)(1)(f). A, Move postponement of the waiver requests, Class V site plan, landscape plan and architectural elevations for The Strand, by electing to continue with direction. B. Move approval of the waiver requests, Class V site plan, landscape plan and architectural elevations for The Strand, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F), 2.4.7(6)(5), (waivers requests) and Chapter 3 of the Land Development Regulations, subject to conditions. Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/93 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 32 C. Move denial of the waiver requests, Class V site plan, landscape plan and architectural elevations for The Strand, 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(F), 2.43(13)(5), (waivers requests) and Chapter 3 of the Land Development Regulations. (Motion to be made in the affirmative) STAFF RECDMMEN "DAT[ON By Separate Motions: Special Parkin_g Reduction Request: Pursuant to LDR Section 4.6.9(F)(1), move denial of the special parking reduction request of 30 parking spaces based on the evidence and data from the ITE Institute and on research report on TDM initiatives applied in the Montgomery County, Maryland experience submitted by the applicant, because the infrastructure to implement the TDM initiatives is not at a level that would ensure success. Waiver Requests: Waiver #1: Move a recommendation of approval to tl Section 4.4.13(F)(4)(c)(1), to allow for the frontage setback at 10' maximum from the the findings of fact and law contained it consistent with LDR Section 2.4.7(B)(5). e City Commission of the waiver request to LDR north building a decrease in the required building required 64' -5 "' to the proposed 0' -0 ", by adopting the staff report, and finding that the request is Waiver #2: Move a recommendation of approval to the City Commission of the waiver request to LDR Section 4.6.9(D)(3)(c)(1), For the North Building: To reduce the required stacking distance for the 58 -space cover parking access driveway located along SE 2 d 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. For the South Building: • To reduce the required stacking distance for the 91 -space cover parking access driveway located along SE 3r6 Avenue, from the required 50' to the proposed 30' by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(6)(5). Waiver #3: Move a recommendation of denial to the City Commission of the waiver request to LDR Section 6.13(13)(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 2"d Street from the required 8' -0" to the proposed serpentine sidewalk width ranging from 5', to 6' and to 8', by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with LDR Section 2.4.7(13)(5). Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 33 Waiver #4: Move a recommendation of approval to the City Commission of the waiver request to LDR Section 4.6.14(6)(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 ", by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5). Waiver #5: Move a recommendation of approval to the City Commission of the waiver request to LDR Section 4.6.18(B)(14)(iv)(2), to reduce the minimum transparency or glass surface as follows: For the North Building: • Along SE 3rd Avenue from the required 75% to the proposed 50 %; • Along SE 15t Street from 75% to the proposed 63 %; For the South Building: • Along SE 3`d Avenue from the required 75% to the proposed 51 %; • Along SE 2n' Street from 75% to the proposed 50 %; and • Along SE 1st Street from 75% to the proposed 54 %; by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(6)(5). Class V Site Plan: Move denial of the Class V site plan, landscape plan and architectural elevations for The Strand, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan Future Land Use Element Objective A -1, and LDR Section 3.1.1 (Required Findings) relating to LDR compliance with Parking Requirement pursuant to LDR Section 4.4.13(G)(1)(f) and Sidewalk Width pursuant to LDR Section 6.1.3(B)(1)(f). If approval is desired by SPRAB the following motion should be utilized: Move approval of the Class V site plan for The Strand, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F) and Chapter 3 of the Land Development Regulations, subject to the following conditions: That four (4) full set of copies of revised plans and one single copy of the site plan are submitted addressing the Outstanding Conditions of the Conditional Use Approval as indicated in Appendix "C ", as well as, addressing all conditions of approval, and Engineering technical items included in this staff report; 2. A digital copy of all plan exhibits be provided on a CD before site plan certification; 3. That the site data table included on sheet A1.00 -S, needs to be revised to show the correct total number of parking spaces being provided (281 spaces instead 280 spaces); also, sheet A1.00 for the north building needs to depict the correct number of parking spaces being provided (58 spaces instead 57 spaces); Site Plan Review and Appearance Board Staff Report: Meeting of 10/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 34 4. That soundproofing windows must be provided for those residential units located adjacent to the FEC Railroad Track and that a note to this effect shall be included on the site plan; 5. That the applicant shall provide a narrative of the operating details of the valet parking facility and a manufacturer shop drawing of the type of secure bike lockers proposed on storage area before site plan certification; 6. That 2 112 feet of r -o -w dedication will be required for both sides of SE 15t Street, Also, 5 feet of right of way dedication along SE 3`d Avenue from SE 1St Street to the north limit of the north parcel will also be required. These dedications of r -o -w have been depicted on the site plan, landscape plan and engineering plans and shall be executed as part of the plat for the proposed_ development; 7. That corner clips measuring 20' by 20' already depicted on the site plan for the northwest intersection of SE 1" Street and SE 3rd Avenue, and also for the southwest and northwest intersection of SE 2nd Street and SE 3rd Avenue must be dedicated and executed as part of the plat for the subject property; S. That the art /commercial displays proposed for the openings on the ground floor covered parking areas for the north and south buildings' east elevations need to be labeled /depicted on Sheet A3.01 -N and Sheet A3.01 -S; 9. That utility facilities serving the development shall be located underground throughout the development and a note to this effect shall be placed on the site plan; 10. That if the residential units are sold it should be done in accordance with LDR Section 4.7.7; 11. That the terms of resale or subsequent rentals of affordable units, pursuant to LDR Section 4.7.8, be included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach County; 12. Pursuant to LDR Section 4.7.10(x), the restricted units must be priced and/or rented to the eligible income group. Thus, coordination with the Community Improvement Department on renter or buyer eligibility and housing prices for the workforce units is required; 13. That pursuant to LDR Section 4,7.9(g), the City of Delray Beach, its successors and assigns may enforce the covenants relating to the workforce units. No amendments to the covenants shall be made unless by written instrument approved by the City; 14. That pursuant to LDR Section 4.7.10(a), the restricted units are priced and /or rented to the eligible income group and that Community Improvement Department shall coordinate renter or buyer eligibility and housing prices for the workforce units; 15. The development proposal includes the dedication of right -of -way along SE 1" Street, and SE 3rd Avenue; thus a plat shall be processed and recorded prior to issuance of a building; 16. That a contribution of approximately half the cost of a bus shelter is paid prior to site plan certification for the provision of a Palm Tran bus stop shelter; 17. That the workforce housing unit distribution shall reflect the "Recommended Workforce Units ". The site plan data chart shall be provided to specify the number of workforce housing units which will be provided for efficiencies, one, and two bedroom units. These units shall be labeled and identify with a "cloud pattern" on each floor plan for both buildings to complete the total of 44 workforce housing units; 18. That the workforce housing units proposed shall be evenly distributed among all floor level of both buildings, and clearly depicted /marked on each floor plan; 19. That pursuant to LDR Section 4.7.9(a) and (b), workforce housing units shall be integrated with the rest of all other proposed units and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate units and provide them as standard features; 20. That metal halide or L.E.D. fixtures need to be used to eliminate glare and provide the true visual value of color and a note to this effect must be placed on the site plan; 21. Vehicle ingress and egress points require gates, equipped with control arms, to prevent unauthorized access. Control arms should precipitate unauthorized vehicles from "rushing the gate" before they close. Control Arm gates need to be installed at each parking garage entrance; 22. It is recommended that some sort of CCTV or camera security device and an alarm should be placed in both buildings at the pool area, all levels of the parking garage, the lobbies, and all entrances to the buildings including the parking garage entrance; 23. It is recommended that a security plan to be approved by the Police Department shall be provided; such plan needs to indicate whether the access of residents to the parking garage for both buildings, and the access to the lobby, would be controlled by access cards, code access number, or remote control clickers and whether a security guard will be provided; 24. It is recommended that cameras should be monitored on the property by a property manager, HOA, or competent security contractor. A maintenance contract for the system can insure that the system is always working at optimum levels; 25. That the applicant must install the standard paver block sidewalks in order to provide a uniform sidewalk system in the area; 26. That.the applicant agrees to work in coordination with the "SAFE" organization to the greatest extent possible, in order to implement the following Transportation Demand Management initiatives: • Unbundling of parking space costs from monthly rent. Residents will pay for parking space(s) separately from the unit rental cost, which is expected to encourage residents to reduce the number of vehicles in their household; • Providing subsidized transit passes for residents, which incentivizes the use of public transit; • Providing a fleet of bicycles on site for residents` free use and also providing inside storage areas for resident bicycles, which encourages the use of bicycle transportation; • Providing and maintaining an electric vehicle for local transportation for residents within downtown Delray Beach; Site Plan Review and Appearance Board Staff Report: Meeting of 1 0/09/13 The Strand - Class V Site Plan, Landscape Plan and Architectural Elevations Page 36 ® Providing a financial contribution to the City's trolley system, to enhance the viability of this alternative mode of transportation for residents in the proposed building. 27. That Staff does not support the special parking reduction request by 30 spaces, and thus the project must be redesigned to meet the parking needs as required by the LDR; 28. That the developer needs to get LEED Certification or Green Building Council Certification for the proposed project prior to issuance of a building permit. Landscape Plan: Move approval of the landscape plan for The Strand, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.16 of the Land Development Regulations, subject to the following conditions: That all Landscape Technical Items are addressed and four (4) copies of the revised plans are submitted; 2. That the proposed plantings outside the property line will require the execution of a Landscape Maintenance Agreement. This agreement and its corresponding exhibits shall be submitted prior to the issuance of a building permit. Architectural Elevations: Move approval of the architectural elevations for The Strand, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Attachments: Appendix A "; Appendix 'B "; Appendix "C "; Site Plan; Landscape Plan and Architectural Elevations. APPENDIX " q" CONCU;IRRENCY F,INIOINGS Pursuant to LDR Section 3.1.1(B), 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: Drainage: Preliminary engineering and drainage plans have been submitted with the proposed development. Drainage will be accommodated via floor drains on the ground floor of the cover parking garage that will then connect to an exfiltration trench system. Therefore, there appears to be no problems anticipated in accommodating on -site drainage; however, the Engineering Department does have technical comments regarding drainage that will need to be addressed at the time of site plan approval. Based upon the above, positive findings with respect to this level of service standard can be made. Parks and Open Space: The Open Space and Recreation Element of the City's Comprehensive Plan conclude 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 $99,000.00 will be required of this development for parks and recreation purposes. Solid Waste: The proposed 198 dwelling units will generate a total of 102.96 tons of solid waste per year (198 units x 0.52 tons = 102.96 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2047, thus a positive finding 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. A traffic statement has been submitted indicating that the project will generate 1,386 Average Daily Trips (ADT) and 101 net new AM peak hour trips (20 in -trips and 81 out - trips) and 123 net new PM peak hour trips (80 in -trips and 43 out - trips) to the adjacent roadway network. Water and Sewer: Water service is available via service lateral connections to an existing 6" water main within the southern half of the adjacent SE Td Avenue right -of -way and/or an existing 8" water main within the SE 2`1 Street right -of -way. Three (3) fire hydrants presently exist on the east side of SE 3'd Avenue: at the SE Vt Street intersection, at the SE 2 r Street intersection, and midway between these intersections. Sewer service is available via service lateral connections to an existing 8" sanitary sewer main within the SE 3 d Avenue right -of -way and/or an existing 12" sanitary sewer main within the SE 2 l Street right -of -way. 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. Schools: The Palm Beach County School District must approve the development proposal for compliance with the adopted Level of Service for School Concurrency, Verification from the Palm Beach County School District and a written finding of approval from the School District has been provided. Based upon the above, positive findings can be made with respect to this level of service standard, APPENDIX "B" STANDARDS" FOR SITE .PL A ACTIONS . A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D -1 and D -2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B -1 of the Open Space and Recreation Element are appropriately addressed. Not applicable I X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Housing Element. Not applicable Meets intent of standard Does not meet intent H. 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. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable Meets intent of standard X Does not meet intent 1. That the applicant submit an application for Gass V Site Plan Approval which at a minimum addresses the following issues identified in this staff report: A. A contribution of approximately one -half the cost of a bus shelter must be paid prior to certification of the site plan for the development. B. That at least 21 workforce housing units must be clearly depicted within the building floor plan levels (with a clouded note to this effect to be included on the floor plans). C. That at least fifty percent (50 %) of the surface area of the frontage facing SE 1St Street wall/(s) at the ground floor of the North Building needs to be devoted to display windows. D. That corner clips measuring 20' by 20' be dedicated (as part of the required plat for the proposed development) for the northwest intersection of SE 1St Street and SE 3rd Avenue, and also for the southwest and northwest intersection of SE 2nd Street and SE 3rd Avenue. E. That 2' -6" of r -o -w for both sides of SE 1St Street be dedicated as part of the required plat. Also, a 5 feet right shall be dedicated as part of the required plat for the proposed development along SE 3rd Avenue from SE 1St Street to the north limit of the north parcel. F. A plat must be processed and recorded prior to issuance of a building permit. G. That the developer needs to get LEED Certification or Green Building Council Certification for the proposed project prior to issuance of a building permit. H. That the applicant agrees to work in coordination with the "SAFE" organization to the greatest extent possible, in order to implement the following Transportation Demand Management initiatives: • Unbundling of parking space costs from monthly rent. Residents will pay for parking space(s) separately from the unit rental cost, which is expected to encourage residents to reduce the number of vehicles in their household; • Providing subsidized transit passes for residents, which incentivizes the use of public transit, • Providing a fleet of bicycles on site for residents` free use and also providing inside storage areas for resident bicycles, which encourages the use of bicycle transportation; • Providing and maintaining an electric vehicle for local transportation for residents within downtown Delray Beach; • Providing a financial contribution to the City's trolley system, to enhance the viability of this alternative mode of transportation for residents in the proposed building. 1. Contact the Planning and Zoning Department to determine if a plat or boundary re -plat is required. 2. Palm Beach County Health Department permits are required. 3. South Florida Water Management District (SFWMD) permit is required. 4. Bus shelter installation or contribution is required. 5. Storm water system cannot discharge into City system, two locations at SE Vt street, 6. A minimum 10-foot General Utility Easement (GUE) through south parcel required. 7. A Composite Utility Plan signed by a representative of each utility provider attesting to the fact that services (water, sewer, drainage, gas, power, telephone and cable) can be accommodated as shown on the Composite Utility Plan is required. 8. A Financial Guarantee Agreement, Surety and Water 1 Sewer Inspection Fee required. 9. Once the conditional use has been granted, a more detailed review will be done during the Site Plan Certification process and additional comments will be generated. -A ---k -11111 FLORIDA CAST COAST -IL., pETA L - 1-- — -- - - -- PLANT LIST i GfRADE LEVEL SOUTH strand south d.— b.clk- lmdwqm archKectum/omNrg planting plan -71�=111111 1.0 grade level NORTH O f 4 of N.mn2Am 0 z wo w a mg Z s $and au Q � > �e 0 m a 3 0 zrc aom r �0x x Ho ON 9A .... _8 s� l41 9g �$ ss g4 8Q �< a$ -€ As U e €9 s 8 JI x g x o = z7 as s o o e :zs a a s UJI € W I I NP co >W /U` _ L$° N.mn2Am 0 z wo w a mg Z s $and au Q � > �e 0 m a 3 0 zrc aom r �0x x Ho ON 9A .... _8 s� l41 9g �$ ss g4 8Q �< a$ -€ As U e €9 s 8 JI x g x o = z7 as s o o e :zs a a s UJI € W I I NP 0 N.E. 1ST w w p o z z Z Z u� V A V E N U E A T L A N W Q W -7 Q S. E. LLLJ Ll W L Q W W > > Q Q 1ST ST. LLJ � o � z z � � Ln cD w Lv > Q LLJ LLj vi vi S. E. 2ND ST. F o = � � r z O L-1 LLI Li L-1 LJ U� z � �� oo �RF71 F-1 F77) r= =,( wimemmfom—.0imml, ' N SUBJECT THE STRAND PROPERTY PLANNING AND ZONING Q DEPARTMENT LOCATION MAP -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 500 - 100 \LM797_The Strand ir 41 V 1 r 2 1 r 5~ Sri- AQ jail -z i 4 � 3 6 W�t SOUTH BUILDING NORTH BUILDING PARKING REQUIREMENTS COMBINED PROPERTY SITE DATA TOTAL LAND AREA T- (2 42 ALRES) PONT, CDR - CENTRAL BUSINESS DISTRICT (O. e3 ACRES) 3AL PONINA RESONATION. CBD CENTRAL BURNEES DISTRICT Q, PROPER,Y. a U. FT (3.25 ACRES) PARKING REQUIRED- BOTH PROPERTIES (RESIDENTIAL): TOTAL LAND AREA (ADJUSTED AFTER 2 -s' F - DEDICATION). PARKING REQUIRED. (as UNITS = 1.11 = as cES) S (2 PH DACaFS) DE NORTH (a7 ACRES) 1 25 SPACE' PER I BEDRGOM UNIT (99 UNITS = 1.25 ° 1u7s SPACES) TOTAL PROPERTY. 135,O21 SO. FT. (312 ACPES) 1Oa> UNITS (24 UNITI 1,25 GO SPACEIG (29 UNITS ::. 15 5A 15 SPACES) AREA OF ST GUEST PARKwc- I A x (uN 10): 9 SPACES TOTAL PROPERTY. 110,059 SO. FT, 73.559 PERVOUS 11 IRA UNITS PIPE lF, 2— TOTAL PARKING REQUIRED. (4e L 123 T5P +R 31 1 50.75 + 4 9 1.6)- 299.1 'PACES - 299 SPACES DRIVE 5 AN DSOUTE"'PROPEPTI To 2" SEE FT GRADE LE— TCTAL PERVIOUS/ LANDSraPERaaFRTV- 12.141 s0. FT. 1119 `' = Sou Tn PROPERTY. PC SO T. (10N IN. OPEN SPACE REQUIRED). 14, PROVIDED) TIT AL 25D SPACES NORTH PPOPERTY: 9,218 SO FT (MIN. OP RED). ITIEET IN CE') se SPACES = 1P SPACES TOTAL PROPEPTI 23,124 SQ- FT. 17.31 (5G PER SPACE TOTAL PROVIDED. 299 SPACES PARKING PROVIDED 238 STANDARD PARKING SPACES PROPEDED UNIT TABULATIONS (NORTH BUILDING) BE ONE 11 TS 111-MA31 F LFT TH 1 PAIA PARK RE SPACE PROVIDED I PARALLEL PARK NI SPACE SOUTH PROPER" V IT , PARKING SPACES PO=IDED 41 UNITS NORTH PPOPEPTI 2 IT C PARKING SPACES—D CONTAIN (1O) WGPKFOPC IS IT C PARKING D SPACE' TOTAL PROVIDED: 280 SPACES PROVIDED +19 PARALLEL SPACES' 299 SPACES PROVIDED UNIT TABULATIONS (SOUTH BUILDING) DTONAL PARALLEL PAINING SPACES PIOVDEDN THEFGHT- OFIVAV UNT TYPE. QUANTTV: SZE: IGH 1a KEN INTO A" TINTHE --TAeI TRUIS - STUDO 31 UN TS Soo boo So. FT, ATUR 1 —11- E2 UNITS 680-80P SO FT UNIT TABULATIONS 11 AN PERCENTAGE AT UNITS 2 BEDROOM R, ITS NESO, FT 23,23% GF TOTAL UNIT, TI 1A. UNITS 0 VICINITY MAP m w ZONING DISTRICT: SOUTH PROPERTY G.B.D. NORTH PROPERTY C.B.D. DEVELOPMENT DENSITY: 64.6 D.U. PER ACRE LEGAL DESCRIPTION P 'IF THE 1-11 xECDwDS DF 1— EAll IE- UELAKES. E1111E `P-1 21- FEET llElE F. °P0F 1A (s—T z) of HAPETIE1 SIT u [F��LRVL.N o Tox) a DINS 1D llF FECDRDFD Iry PuT FOUR AID TIE 101 11 ATI—ED NET GREG DF 111.111 IN FE r"EEI IlEll DGAIE DIaLL�EAIElll S. CEHNTV, FLO— — 9Drv1uN�NR A Z J m O W 2 I O z AD GENERAL NOTES: NOTES —1 1111 LEGEND �A �T O Fo LEGAL UESCRIF"iION 0 o m, ERNEIN APPLICABLE CODES _jEA 11E. ER RE oo EA -,o) 1� 11 RED RE eA EE.) a OCCUPANCY 7 LASSII'ICATION -z re(EOw A ARE) rA TYPE OF CONSTRUCTION ALLOWABLE AREA GROUF RZ /UNEIMITED AREA s - "E' R AREA ALLOWABL HEIGHT N: nt , D eFace —D) — e_ o_ , ZONING SITE DATA FOR THE STRAND Apartments (North) T11 IT111D �« No�1E. T (,E —ES(. 1D - ��nR�ET�REi <1 / PA« K N� i�Cl- SET_ T EA (LA E —PINSS FT . - — ZONING CBU PROPOSED SEI mm ET (SOUTT) s' -o "/1 S - S ET (EAST) 5 - 0"f11 '_1 ^ 4TOwAETE (APE X11 IUDI 11EE STREET I0' -3' T T s- D"I. -D" RIDE INT E -E APR 10 F.E.C. RAILWAY RIGHT -OF -WAY N -2137E 358.25 ITF—FIT uc. �Uc was owrmxas ` I e _ \ s� - �_. - U AVENUE LEGAL DESCRIPTION a a s, SPA�Es a a I Eli ZL N \ LOCATION MAP I�'o I° 4 4) III S.E. 3RD AVENUE � � � GRADE LEVEL � N SCALE: 1/16' - f-O' LOT AREA - 34,058'- SOUARE FEET, .78 ACRE MORE OR LESS NOTE: AFTER SIDEWALK DEDICATION) ❑ME11 ELIONS 305 GEOM Hm B LEVAN) DELP Y BEACH , RA . M644 71EHGIOINI 50 . M. 9595 4MPHORK 561 _ 2V6 _ M w m rC � C LL co L ^Q � 1 _I n C i VJ N 2 DRAWNG PPOPQSEU SOE FLAN 07.0518 SEAL REVISIONS: D aE AN S N ELI (L E O m 2 A1.00 O Z � C£NERAL NOTES SET 5/8 I.R. &C OWN APPLICABLE CODES 2010 FLORIDA BUILDING CODE 2010 FLORIDA MECHANICAL CODE TYPE OF CONSTRUCTION TYPE 1B 2010 FLORIDA ELECTRIC CODE 2B10 FLORIDA PLllMBING CODE 2010 NATIONAL ELECTRICAL CODE (NFPA -70) 2010 FLORIDA FIRE PREVENTION CODE 2010 FLORIDA ACCESSIBILITY CODE /ADA 94 UNPROTECTED SPRINKLERED ALLOWABLE AREA (1991 FAIR HOUSING) 2009 N.F.P.A. 101 EDITION GROUP R2 /UNLIMITED AREA GROUP S -2 /UNLIMITED AREA OCCUPANCY CLASSIFICATION ALLOWABLE HEIGHT GROUP 'R2' RESIDENTIAL GROUP 'S -2' (LOW HAZARD) PARKING GARAGE MAX. HT. 80' (FLORIDA BUILDING CODE 2010) MAX. HT. 48' (CITY OF DELRAY BEACH) 'moo 0 oe o e e o _- a - - - -- 0�4 . II/ �IDW P FLORIDA IAS7 COAST RAILWAY SITE DATA FOR THE STRAND Apartments (South) ULl IFE PREP enls Souln. 11 CREEP, (LES REET). LONG 100 IMPERVIOUS AREAS: PRRI AF- ( L IR C 111 PPRInNO 51RUCFINE) DRIVEWAY E / PARKING/ CURBS .383 SOFT. 89 TOTAL IMPERMAUS AREAS TOTAL VCH (ANOSCAPNI) 1P.10D SI_ FT_ IC O39 ZONIN, OEU PROPOBEU SE CK NETBAIKS s- a" 1o' -o FFF s- a" /�o' -o" NAVE = E FOR ulsol BE NT N A FFF ae -O APPR 0 O T.. ) \ /I!"WITV AAAP N 1:11011:1 o III �S ❑�� ❑��\nn\\\11II G1Gl(�a04�(�4�, F•Gl. u 205 QMHOE BIN BOREVARD DBRAY BEACH. fDI A . X64] G TOPHOAM# 560.252.65" 4EMHM� 561.276.601 5 FACS&E 561. 276. 6P.6 C c� BE C LL cd ii 0 o Q M moP o.o= ` A E`Z "k W ° ° e ° ° e ° e ° ° e n o� aoJ 40 e eee UL U— e e e e e e eee e e e e eee eee e eee eee e uEw . "" 50 '50'40'E 61224 ' l.PE Pei ors. 6 E� uxosc.aE P �sEE � ,�� P S_ E 3rd AVENUE FND NAIL &DISC Im L8# 353 Na .a LBL /&D3is5c 3 D- aK�ssa��r roo� mP��.u_ GRADE LEVEL LEGAL DESCRIPTION SCALE I' =20' -0' wN (NCPS RE�BAY. REACH)ERA RECORDEDF iN PA.E 3A(s1IEE. 2)FIFA RNHT_ AlICIAND TO TIE PLAT IF T " CAR TIE PUILO lECllDl IF PILI lElll CIINTY, FLORIDA LECI TIE NIlUl 2111 FEET THEREOF ALL OF A LOCH 11 LINE EAST OF LH E F TO P RA ((FOa NN) a RoINC To FRF RECORBEO m PLA Boou FAT IA�cuw.ED NET AREA OF _ sCFANE FEE.IF(�s ACREsI. BEACH MIRE OR LESS_ BEACH couNrv. FLoRlon AND coNFawNC A OVERALL ALLOWABLE SQUARE FOOTAGE TABLE (SO P.) (LES BOLDING SITE - 101.111 s F. - a E A,ERALL ALLOWABLE GROUND EVEL FOOTPRINT PER L D,P 1 1 13 - 91,801 - FF s oc.7 PRIPOSEA (. GROUND LEVEL (o -2s FT) (o- FT.) (S-11 FT.) FlllUl B FT, F (1) K FIF. LE�L (A= -.B FT., 213 sF (1) A39BB SF. 2 9`■ U o 61.00 DRAWING o�E� D D wu s 0 0 0 sPA�ES o I rll I � I T� e li = LILU 08.07.13 �> u e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e l = I e e e e e e e e e e e e e e e e e e e e e e e e o o.,s�xc aar2w ao�6. S SEAL s u e 4 T�l e o 4 4 0 0 D I _III T o 4 4 a a o TFT,FFFFFFFF o� D. c 0 a � o �Ae,F nEEAw MEO naps. a a a a D I o. c ow .cc-aP q ,. D o,,, I mui a a. u u<Ar u E - a uE � � aF... w REV19ON 5 _ E - - - � , aK�ssa��r roo� mP��.u_ GRADE LEVEL LEGAL DESCRIPTION SCALE I' =20' -0' wN (NCPS RE�BAY. REACH)ERA RECORDEDF iN PA.E 3A(s1IEE. 2)FIFA RNHT_ AlICIAND TO TIE PLAT IF T " CAR TIE PUILO lECllDl IF PILI lElll CIINTY, FLORIDA LECI TIE NIlUl 2111 FEET THEREOF ALL OF A LOCH 11 LINE EAST OF LH E F TO P RA ((FOa NN) a RoINC To FRF RECORBEO m PLA Boou FAT IA�cuw.ED NET AREA OF _ sCFANE FEE.IF(�s ACREsI. BEACH MIRE OR LESS_ BEACH couNrv. FLoRlon AND coNFawNC A OVERALL ALLOWABLE SQUARE FOOTAGE TABLE (SO P.) (LES BOLDING SITE - 101.111 s F. - a E A,ERALL ALLOWABLE GROUND EVEL FOOTPRINT PER L D,P 1 1 13 - 91,801 - FF s oc.7 PRIPOSEA (. GROUND LEVEL (o -2s FT) (o- FT.) (S-11 FT.) FlllUl B FT, F (1) K FIF. LE�L (A= -.B FT., 213 sF (1) A39BB SF. 2 9`■ U o 61.00 ElElcc 29 . . S ❑❑ o� ❑ ❑❑Q� VMC eppoij `Rrynoo yoeag Lida j `yoeag RBjl.<3 Z I I N n °d Z o" N J sluaua}a*edy C]N'VHiS DHl s I � m ~ Q a3ael�otid sl dd s�,3a�,� so,�odol,3 � Id�r ,o .N3sNO� N3uIaM 3�..�o�.IM .N3���oa sl�. ,0 3s� a3�.o ao Nol���aoad3a No�3ssod ��d a� a�3s3a 3� s.��la „d dd s��3a��� so,�odol,3 � Id�r ,o �a3dotid 3�. sl .N3w��oa sl�..�lti �o� o l iH3cAOHcA HiHON EPA A W—i -g- W I rt a a 4> K I U LL a __ I I I I I I I o I O _ III S it 33 1 D 1 1 I °I I � —0i Z I I I I Z o" J I � m ~ O -i LL - Z o —i W , w p LL -g- W I rt a a 4> K I U LL a __ I I I I I I I o I O _ III S it 33 1 D 1 1 I °I I � —0i I ,EN1a>v�TO�� - avxo a LJ a LJ , ... IT BPA F, FT , . 1 Eq �I LF iV� - �I — 1 N t>�ce� .a •• g• ; ' r - -__ � +� 1�ipCM 1BEIwxM � ®w.bu 1� ���� ® ��� -•• � �.° �_ � �+ III 10e�wra� bra p p p � 6 ¢ _ – – _ ♦ua ' I �.�_. – _ II _ – �a I. SECOND LEVEL PLAN SCALE: 1' - 20' -0' N 2ND LEVEL UNIT TABULATIONS UNIT TYPE: QUANTITY: SIZE: STUDIO 6 UNITS 530 -600 SQ. FT. STUDIO + pEN 3 UNITS 750 -880 S0. FT. 1 BEDROOM 22 UNITS 680 -800 SQ. FT. 1 BEDROOM + pEN 5 UNITS 900 -1,050 SO, FT. 2 BEDROOM 3 UNITS 1100 -1,200 S0. FT. TOTAL: 39 UNITS TOTAL A/C FLOOR AREA = 42,742 SOFT. 9 W _ LL O cr 2' O co o Breto, Estelio From: kevin homer <kevin @homerinsured.com> Sent: Wednesday, August 07, 2016 5 :22 PM To: Breto, Estelio Subject: The Strand Attachments: Demand The Strand_00000.pdf Estelio, My name is Kevin Homer. I am a native born Floridian (1976) who has resided in east Delray Beach since purchasing my first place back in 1999. 1 live at 319 SE P Avenue, just three blocks away from a proposed project. When i first learned of The Strand, an upscale apartment project replacing the currently occupied dismal and decrepit area, I was enthralled to say the least. However, having some basic knowledge of the process in which projects go about getting approval, I knew that no matter how much in compliance and how fantastic the project, obstacles often take place. While I intend to speak at every meeting in favor for this desperately needed project, for reasons such as safety in this bad pocket of Delray, increased foot traffic for the surrounding restaurants and increased taxes for the city, I wanted to send you a list of 30 names of people who LIVE on SE 3`1 Avenue, the very street which sits NEXT to The Strand. This attached list is only made up of the four blocks south of the project. really love this city. It is one of the best out there! We have the opportunity to make it greater. I thank you for your time, and consideration. Respectfully yours, Kevin Homer We LIVE on SE 3 d. Ave DEMAND th S rand L work TOGETHER to APPR*M Name 4ddress Phone/Emr ' Si naf�ure [MCA FL ") 1484 14, s 3(v c I o 6� -Y r K r -7/0 4, I"-z ZIA3 GqW ... ..... ..... .... ...... .... ..... .. .... .. .. ._� t - .. gib. .. ... . .......... ,,dce a. r z,( y i _game Address Phone/Email Signature t 3R a /*C. bet, -/ btt 4L 33W3 f 3Di SE 3ru AGw-t � � n f�v`c�44 p AQ'63 -3 A 3rd- fFve 5�3(4v-t 516 �043)�. as 3A ST.� A-vv D�� 22ow-1=14-1 v SAFETY As FLORINANs EXPECT "Help Florida become the most motorist, pedestrian and bicyclist friendly atate In the USA" The Strand August 16, 2013 Safety As RaOdWns Expel (SAFE) strongly supports the conditionai use app(.-.ation of The Wand based on the eiever, -[*i-ansportat,,'Or Dernand Mlanagen-ient initiative -S comrnillted to `,.,,y the appiicant. Fc)f details, phase see attached letter of r�ornrnhpenl %xi Thomas 1'. I-&Murrain, dated August 13, 2013 ,1 z, - -nber Of Va�ffic tripj 3 AFE believe that these Qbabves not only wM educe the nui sgnffi(anfly, biut OR resuR in fifteen fewer parking spaces, bFing requied than does the, paAkig space fonvWa cakuMon used by the Dekay Beadi P to Z SIX FuHheq SAFE t.;-)ok inio GonsWwakn the repuhhow pW quakty developments, busters acumen, �And con-imunity suppo�t that is sr, often displayed by thf applicant. For the Board: 0 —tI Jai-net NMI I Chales T. BcnfieW SAFE Vokman SAFE President FLADEL LLC 1001 East Atlantic Avenue Suite 202 Delray Beach, Florida 334183 July 15, 2013 SAFE 1225 S. Ocean .Blvd., # 202 Delray Beach, FL 33483 Attention: Jim Smith, SAFE Chairman & Co- Founder Charles Bonfield, SAFE President & Co- Founder Dear Jim and Charles: Per our conversation, we are proposing the following .based on the current submitted. plans which are being reviewed by the Planning and Zoning Board of the City of Delray Beach at its meeting tonight, 1. Unbundle parking from rent for those residents who do not need a Gar or a parking space. 2. Adopt a free, shared bicycle use program for residents by purchasing twenty- five (25) bicycles and maintaining bicycles in good repair. The bicycles will be available on a first come, first served basis for the residents of The Strand. 3. Provide an inside, secure storage for bicycles with racks for a minimum of fifty (50) bicycles for the residents of The Strand, 4, We will purchase and maintain an electric vehicle (street -legal golf cart or similar vehicle) to provide local transportation for tenants within the Strand 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 vehicle. 5. Work with applicable governmental authorities to promote a commuter tart benefit program and discounted .Tri -Rail passes for our tenants. We will provide space for a permanent transportation information kiosk within the lobby or mailroom areas with info on short term vehicle rentals. Additionally, the Kiosk will have transportation information including. Palm Tra+n, Td-Rail, Deltay Shuttle, Downtowner (or substitute transportation providers) schedules and info, 6. Meet with SAFE and South Florida Commuter Services (SFCS) to review additional TDM initiatives that we might be able to implement to mitigate traffic trips before the leas inglcontract phase begins. 7. Contribute the sum of five $5/mo. from each resident's monthly rental to the City of Delray Reach for a five -year ,period to be used only toward the purchase of a fourth trolley. Payments will be made annually for 5 years and a certification issued by a manager of the owner which sets forth the number of tenants who pay rent will be deemed conclusive. 8. The Strand will request that the City of Delray Beach (without cost, charge or expense to the owner of the Strand) either reduce the footage being given or contributed to the City along SE 1st Street from 5' to 2', or, in the alternative, reduce the travel lanes from 12' to 10' and reduce the width of the parallel parking lane by 1', in order that The Strand can construct 8-foot wide sidewalks as required by code. 9. The Stand will provide, through landscape materials or, at the option of the owner, through building features, as much overhead ,sidewalk shelter /shade as may be commercially reasonable. 10, The Strand will contribute twenty five percent (25 %) of all grants received from the City of the City of Delray Beach CRA to the City of Delray Beach for city- wide TDM initiatives. The foregoing items are subject to the prior approval of all applicable governmental authorities in connection with the development, construction and lease -up of The Strand and is further subject to (and in effect only for and during such periods as such support is evidenced) the full and enthusiastic support of SAFE- for all approvals sought by Fladel LLC, a Delaware limited liability company, in connection with the development, construction and lease -up of The Strand. Sincerely, FLADAwvt- Thomas By: T. McMurrain Manager fjt... I_ ��� pJt4t.2Qk`3 0� p F,, C'IVrC cr�Gt 1�Sl�win.� �-cr"C T ►r�hT� pGGVq A I �� � h�+e n, v no.i3..e�* ty� *�-G a���e -dry ie.t. �.r.►�,+� P►r-t. y,� �- ���,4. .*�'' aA�3,.� �"'�`� ow a., r s -rte A rA, 44&%V3 k% rat rLk.' vyc +L.- t" t r" v411 e� c.. f^ A�.,.,.., �,� :,,... t 4L Ao %,.o .d 1ri: e.,. r G a ..� sG _ l MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: Brian Shutt, City Attorney DATE: October 21, 2013 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 PROVIDE AUTHORIZATION/ FLORIDA PUBLIC UTILITIES COMPANY ITEM BEFORE COMMISSION This is a request for authorization to allow the City Attorney to proceed with joining with other municipalities in a lawsuit challenging the franchise fee payments from Florida Public Utilities Company from 2010 through the present in light of the increased participation fee. BACKGROUND The City of Delray Beach enacted Ordinance No. 32 -90 on August 14, 1990, which granted Florida Public Utilities Company ( "FPUC ") the right to use the City's rights -of -way for the purpose of supplying natural gas. This ordinance was accompanied by an agreement dated August 20, 1990. This agreement does not expire until September 1, 2020. Under the terms of our agreement, FPUC is obligated to pay a 6% franchise fee (based on 6% of its revenues from the sale of gas to residential and general service commercial customers) to the City. The City noticed a reduction in payments beginning in 2010. Around that same time, FPUC re- classified a majority of its general service commercial customers as Large Volume Service customers, thereby this reclassification by FPUC resulted in no franchise payment to the City for these newly classified Large Volume Service customers and large reductions in franchise fees for the City of Delray Beach and as well as other cities in Palm Beach County. The affected cities have decided to pursue an action in state court asserting allegations of breach of contract and requesting declaratory relief, asking the court to clarify the cities' rights regarding the franchise fee calculations based on this re- classification without our consent and requesting declaratory relief regarding FPUC's practice of deducting the property taxes paid from the franchise fee amounts remitted to the cities. The cities believe that this is an unlawful tax exemption and are requesting the court's clarification and direction on this issue as well. The Town of Palm Beach is taking the lead on the lawsuit (a draft of which is attached) and they have asked all affected municipalities to participate. Participation in the suit comes with costs for legal fees up through trial. The estimated costs are $115,000 total (up through trial only, not including costs for any possible appeal). The City's portion of these costs is estimated at 16.2% or $18,616.68 (up from $12,759.59) because Boca Raton opted out. This estimate is based on the franchise fee revenue that we received in 2009 compared with the other affected cities. All of the participating cities have been asked to sign an interlocal agreement agreeing to participate and fund their portion of the lawsuit, which includes funding the Tallahassee law firm of Gardner, Bist, Wiener, Wadsworth, Bowden, Bush, Dee, LaVia & Whight, P.A., a firm that specializes in utilities litigation issues as well as the firm of Jones, Foster, Johnston & Stubbs, P.A., a local West Palm Beach firm that will coordinate the filings and information between the cities. The litigation is estimated to take up to 1 year to conclude and we are hopeful that we will prevail and that the court will make FPUC pay us damages in the amount of the unpaid franchise fees not collected for the re- classified customers, which we estimate to be approximately $50,000+ as well as clarify that FPUC cannot re- classify a group of customers without first amending their contract with us. RECOMMENDATION The City Attorney's office recommends City Commission discretion. AGREEMENT COMES NOW, FLORIDA PUBLIC UTILITIES COMPANY, a public utility organization organized and existing under the laws of the State of Florida, hereinafter the Company, and the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, hereafter the City, and agree: 1. That the City has agreed to adopt, and the Company has agreed to accept, an ordinance granting a franchise to construct or otherwise acquire and to own, maintain, equip and operate plants and works, and all necessary or desirable appurtenances thereof, for the manufacture, purchase, transmis- sion and distribution of artificial, natural and /or mixed gas (hereinafter referred to generally as "gas "), including the right without the payment by Grantee of any special tax, assessment or charges therefore to construct, lay, extend, maintain, renew, remove, replace, repair, use and operate gas pipes and gas mains, and all appurtenances and appendages thereto, in, under, or or across the present and future public streets, avenues, alleys, highways, bridges, easements and other public places within the present or any future corporate limits of Grantor or its successors, for the purpose of dis- tributing, supplying and selling gas to Grantor or its successors, and to persons and corporations inhabitants thereof, as well as to persons or corporations beyond the present or future corporate limits thereof. 2. That contemporaneously with the adoption of the franchise by the City and the acceptance of that franchise by the Company, the City and the Company have entered into this separate agreement that during the term of the franchise, and any renewal or extension thereof, when and if the Company negotiates a gas franchise after the effective date of the acceptance of the franchise, which increases the percentage of the franchise fee payable above the 6% provided by the ordinance, the City shall have the right to amend the franchise ordinance during the 30 year term to provide for the applica- tion of such increased percentage to collections made for the sale of gas within the city limits of the City of Delray Beach and the Company hereby irrevocably consents to any such amend- ments adopted pursuant hereto. Annually, as of January 1 of each year, the Company will furnish the City a list of all of its gas franchises including the name and address of the franchisor, the date of the franchise, the percentage of the franchise fee, and the length of the term of the franchise, including both those negotiated after the date of acceptance of the franchise, which are r covered by this Agreement, and those which are excluded. Should any of the franchises covered by this Agreement provide a franchise fee above the 6% provided by the amended ordinance, the City may, in its sole discretion, elect to amend the existing franchise ordinance upon giving the Company at least 30 days advance written notice prior to the September 1 effective date in order to give the Company sufficient time to implement the increased franchise fee. 3. Further provided the increase referred to above shall be implemented at the beginning of the franchise year which shall be the anniversary of the effective date of the franchise referred to above in each succeeding year. 4. Further provided that the amendment shall: a. apply only to a change in the applicable franchise fee percentage and not to any change in class of service to which it applies. b. apply only to gas franchises negotiated by the Company after the date set forth above and not to gas fran- chises acquired by the Company through acquisition, purchase or merger. DATED this a20 day of AL6667— , 1990. Florida lic Utilities Company By: F. C. Cressman, President VICE- Witnesses: City of Delray Beach Mayor -MA McCARTY Attest: ACTING -City Clerk -SUSAN 0' BRIEN A ROVED AS TO FORM LEGALITY: 74 CL&4A rCity Attorney 2 CERTIFICATE C?F INSURANCE ISSUE DATE (MM /DD /YV) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, SI r GWI CIS JAI %IItES OF FLORIDA, INN EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 1'. O. BUY, 296i) _ ... !� �1:S.j. PA!_.hi 1 +EACFIr F =L_ 33�IOr? COMPANIES AFFORDING COVERAGE CODE SUB -CODE INSURED I laT'ida Public Utilities Co. 1`10--Gas Corporation "01 S. Dixie Highway I-h -st Prilm Boesch F] 33401 i COMPANY LETTER A THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD COMPANY LETTER B r11P �T'r3L'a'1Pi't: COMPANY LETTER C Aegis COMPANY D ' LETTER the 1T'c3Vflc7'Ea COMPANY E PRODUCTS- COMP /0138 AGGREGATE; $ CLAIMS MADE X, OCCUR.: LETTER Y OWNER'S b CONTRACTOR'S PROT �. r .. EACH OCCURRENCE COVERAGES.. :. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. T TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE ,POLICY EXPIRATION ALL LIMITS IN THOUSANDS DATE (MM /DD/YY) DATE (MM /DD/YY) i� GL 1.'73T77,'1?W) ENERAL LIABILITY 371 B/90 3/18/91 GENERAL AGGREGATE S 1000 COMMERCIAL GENERAL LIABILITY PRODUCTS- COMP /0138 AGGREGATE; $ CLAIMS MADE X, OCCUR.: PERSONAL & ADVERTISING INJURY S rr�} Y OWNER'S b CONTRACTOR'S PROT �. r .. EACH OCCURRENCE 50 FIRE DAMAGE (Any one fire) $ MEDICAL EXPENSE (Any one person) ; S "AUTOMOBILE LIABILITY TR l ?.gT77 5r 90 !' 371 8/90 3, 1 V %9 3COMBINED y ANY AUTO i SINGLE It •)r ;) f LIMIT ALL OWNED AUTOS ; BODILY ;INJURY 5 SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY y , INJURY S NON -OWNED AUTOS : (Per accident),' GARAGE LIABILITY PROPERTY $ DAMAGE r EXCESS LIABILITY EACH AGGREGATE 'i 'UNTIREI 1. A FORM 00�}'�Rt�1 ' $ :` )"; ► r OTHER THAN UMBRELLA FORM _ }I i UB 1 73 I.7a 3 ] U 3/ 1 3190 311 Ell i :1. STATUTORY WORKER'S COMPENSATION t ) r : y (') $ (EACH ACCIDENT) AND y 7_0(jDISEASE— POLICY LIMIT) EMPLOYERS' LIABILITY 't`yil i S `' (DISEASE —EACH EMPLOI OTHER IDESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLESIREITRIUONS /SPECIAL ITEMS CERTIFICATE HOLDER <: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 1 � 7 - TY O UFI. RAY DFACl-1 i� 100 N. W. .154' AS,JEN(j[;= MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 1!II._RFlY L�Fl;t'iIr FL.. 33��J1 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. g AUTHORIZED REPRES MT f1V 77 ACORD 2 5 -S (3/88) - ®ACORD CORPORATION 1988 ORDINANCE NO. 32-90 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RELATING TO THE RENEWAL OF A GAS FRANCHISE WITHIN THE CITY; GRANTING TO FLORIDA PUBLIC UTILITIES COMPANY, ITS SUCCESSORS AND ASSIGNS A GAS FRANCHISE; IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO; PROVIDING A SAVING CLAUSE; PROVID- ING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the grant by the City of Delray Beach of a gas franchise for a term of thirty (30) years to Florida Public Utilities Company expired on July 10, 1989, and is. currently being extended through mutual agreement of the parties; and, WHEREAS, the City Commission finds that it is in the best public interest to renew and update the gas franchise grant to Florida Public Utilities Company. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA THAT: Section 1. The City of Delray Beach, a municipal corporation of the State of Florida (hereinafter "Grantor "), hereby grants to Florida Public Utilities Company, a corporation of the State of Florida (hereinafter "Grantee "), its successors and assigns, for the term of thirty (30) years, beginning the first day of the first full calendar month following the date of filing by the Grantee of acceptance of this franchise grant the right, privilege and authority or franchise to construct or otherwise acquire and to own, maintain, equip and operate plants and works, and all necessary or desirable appurtenances thereto, for the manufacture, generation, purchase, transmission and distribution of artificial, natural and /or mixed gas (herein referred to generally as "gas "), including the right without the payment by Grantee of any special tax, assessment or charges therefore to construct, lay, extend, maintain, renew, remove, replace, repair, use and operate gas pipes and gas mains, and all appurtenances and appendages thereto, in, under, on or across the present and future public streets, avenues, alleys, highways, bridges, easements and other public places within the present or any future corporate limits of the Grantor or its successors for the purpose of distributing, supplying and selling gas to Grantor or its successors and to persons and corporations inhabitants thereof, as well as to persons or corporations beyond the present or future corporate limits thereof, but nothing herein contained shall relieve Grantee from meeting all applicable requirements of the Grantor's Code of Ordinances including Building and Zoning Codes (which are not in conflict with the Florida Administrative Code and /or the Code of Federal Regulations requirements) and payment of any fees, licenses or ad valorem taxes ordinarily imposed by Grantor on similar business activities. Section 2. Grantee's facilities shall be so located or relocated and so erected as to interfere as little as possible with traffic over said streets, avenues, alleys, highways, bridges, easements and other public places, and with reasonable egress from and ingress to abutting property. The location or relocation of all facilities shall be made under the supervision and with the approval of such representa- tives as the governing body of Grantor may designate for the purpose, but not so as unreasonably to interfere with the proper operation of Grantee's facilities and service. When any portion of the Grantor's property is excavated or disturbed by Grantee in the location or reloca- tion of any of its facilities, the portion of the Grantor's property so excavated shall, within a reasonable time and as early as practicable after such excavation, be replaced by the Grantee at its expense and in as good condition as it was at the time of such excavation or distur- bance. In addition, such work shall be done only in the manner and pursuant to the regulations established by the ordinances of the Grantor. Upon failure of Grantee to do so after twenty (20) days notice in writing shall have been given to said Grantee by Grantor, the Grantor may repair such portion of the Grantor's property that may have been excavated or disturbed by Grantee. Nothing in this section shall be construed to make the Grantor liable to the Grantee for any cost or expense in connection with the construction, reconstruction or reloca- tion of the Grantee's facilities in streets, alleys, bridges, and public places of the Grantor made necessary by widening, paving, or otherwise improving such streets, alleys, bridges and public places, except that the Grantee shall be entitled to reimbursement of such costs and expenses from funds available from sources other than the Grantor as may be provided by law. Section 3. At all times during the term of this franchise Grantee shall promptly and without discrimination furnish an adequate supply of gas of standard quality and pressure to Grantor and its succesors, and to persons, corporations and inhabitants thereof who request the same and agree to abide by Grantee's reasonable rules and regulations, and shall acquire, construct, maintain, equip and operate all necessary facilities for the manufacture, purchase, generation, transmission, supply and distribution of gas for the benefit and conve- nience of Grantor and its inhabitants. In any case where there is interruption or impairment of service or failure to supply gas or pressure, Grantee shall promptly remedy such condition; provided that any interruption or impairment of service resulting from a strike, accident, an act of God, or other cause beyond the control of the Grantee shall, if remedied within a reasonable time period agreed to by the parties hereto, not constitute grounds for revoking and canceling any rights hereunder. Section 4. Grantee shall have the right to adopt and enforce rules and regulations with respect to the extension, initiation and rendering of gas service, including rules providing for the discontinu- ance of service to any customer for nonpayment of bills when due, or for failure to comply with the Grantee's other rules and regulations. All rates for gas and rules and regulations established by Grantee from time to time shall be those prescribed and approved by the Florida Public Service commission. Section 5. Grantor, and its officers, employees and agents shall not be liable or responsible for any accident or damage that may occur in the construction, operation, conduct or maintenance by the Grantee of its facilities or services hereunder, and the acceptance of this franchise grant shall be deemed an agreement on the part of the Grantee to protect, defend and indemnify the Grantor, and its officers, employees and agents and hold it harmless against any and all liability, claims, demands, expenses, fees, fines, penalties, suits, proceedings, actions, costs of actions, including attorney's fees and costs of appellate proceedings of whatsoever kind or nature arising out of the negligence, default, misconduct or otherwise of Grantee in the ORD. NO. 32 -90 construction, operation, conduct or maintenance of its facilities or services hereunder, excepting only the negligence of the Grantor. Section 6. Grantee shall carry in full force and effect during the entire term of this agreement, and any extension thereof, the following insurance coverages: (a) Comprehensive General Liability Insurance, including products, contractual, and hazard, with a minimum combined single limit of One Million Dollars ($1,000,000). Current insurance certificates shall be submitted to the Grantor by Grantee, and each insurance policy shall contain a provision whereby the company executing the same shall endeavor to notify the Grantor in writing as least thirty (30) days before any cancellation of such policy is to become effective. (b) Worker's Compensation Insurance and Comprehensive Automobile Liability Insurance as required under the Florida Statutes for the benefit of the employees of Grantee. Section 7. In consideration for the rights and privileges granted herein, Grantee agrees to pay Grantor a privilege tax equal to six percent (6$) of its gross revenues (gross revenues being the amount collected less charge -offs for uncollectible accounts and adjustments) and which shall exceed the amount of any other taxes, licenses or other impositions levied or imposed by Grantor against Grantee's property, business or operations for the tax year preceding the beginning of the applicable privilege tax year from the sale of gas to residential and general service commercial customers within the corporate limits of Grantor within a twelve month period (i.e. the applicable "privilege tax year "). The first privilege tax year shall commence on the first day of the first full calendar month following the adoption of this Ordinance. Payments shall be made quarterly on or before the final day of each three calendar month period based upon one - fourth (1/4) of the total payments made in the preceding privilege tax year, except for the first privilege tax year where each quarterly payment shall equal one and one -half percent (1.5 %) of gross revenues from the sale of gas to residential and general service customers for the twelve calendar months preceding the effective date of this Ordinance. At the close of each privilege tax year, an accounting shall be made to determine whether Grantee owes additional monies, which shall be paid not less than thirty (30) days after the close of said privilege tax year, or whether Grantee is owed a refund, which shall be collected by offsetting the total amount of the refund from the next succeeding quarterly payment made to Grantor. Section 8. Grantor hereby reserves the right at and after the expiration of this grant to purchase the property of Grantee used under this franchise grant at a valuation to be determined by negotiation between the parties, or failing such agreement, the price shall be determined pursuant to F.S. Section 180.16. Section 9. In consideration of the Grantee's undertakings hereunder as evidenced by its acceptance hereof, the Grantor agrees not to engage in the business of distributing and selling gas during the life of this franchise or any extension thereof in competition with the Grantee, its successors and assigns. Section 10. Failure on the part of Grantee to comply in any substantial respect with any of the provisions, covenants, terms or conditions of this ordinance, shall be grounds for a forfeiture of this ORD. NO. 32 -90 grant, but no such forfeiture shall take effect if the reasonableness or propriety thereof is protested by Grantee until a court of competent jurisdiction (with right of appeal in either party) shall have found that Grantee has failed to comply in a substantial respect with any of the provisions of this franchise, and the Grantee shall have six (6) months after the final determination of the question, to make good the default before a forfeiture shall result with the right in Grantor at its discretion to grant such additional time to Grantee for compliance as necessities in the case require. Section 11. Grantee by its acceptance hereof, which shall be filed with the Grantor's City Clerk within thirty (30) days after the final passage of this ordinance, agrees to observe, perform and keep all of the agreements, covenants, terms and conditions hereof to be observed, performed and kept by Grantee including related agreements. All of the terms, provisions and conditions hereof including related agreements shall inure to and be binding upon the respective successors and assigns of the Grantor and Grantee. Section 12. No assignment or transfer of the franchise rights granted hereby, shall be effective unless the Grantee shall have noti- fied the Grantor in writing prior to the scheduled date of said assignment or transfer, and unless, after the filing of said notice, the Grantor shall have by ordinance approved and consented to such assign- ment or transfer, such approval and consent not to be unreasonably withheld. The assignment or transfer of the franchise rights shall be subject to any additional provisions and conditions, as agreed to between the parties, and as set forth in the ordinance approving the assignment or transfer. Section 13. In the event of a final adjudication of bankrupt- cy of the Grantee, the Grantor shall have full power and authority to terminate, revoke, and cancel any and all rights granted under the provisions of this ordinance. Section 14. Minor changes in the terms and conditions hereof may be made by written agreement between the Grantor and the Grantee, provided, however, that this section shall not be construed as confer- ring authority to make changes in or modification of the provisions of this ordinance which would be repugnant to or inconsistent with the basic grant, factors or principles underlying the terms and conditions hereof. Section 15. The accounts and records of the Grantee pertain- ing to gas service rendered under this franchise shall be maintained within the State of Florida, and Grantor may, at its option, upon reasonable notice to Grantee, at any time during the ninety (90) days after the close of each fiscal year of this grant, or at such other times as mutually agreed to between the parties, examines said accounts and records and as such relate to the calculation of the franchise payment to the Grantor. Such examination of accounts and records of Grantee by Grantor shall be made during the regular business hours of the Grantee at the General Office of the Grantee. The Grantee shall maintain its records in sufficient detail that revenues within the corporate limits of the Grantor are readily discernible from other revenues for auditing purposes. All examinations shall be at the sole expense of the Grantor. However, if the Grantor conducts an audit of the Grantee's books and records, and substantial discrepancies are ORD. NO. 32 -90 discovered which result in sums which should have been paid to Grantor, then the cost of such audit will be paid by Grantee. Section 16. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 17. 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 -L z::::aizde: hereof as a whole or part thereof other than the part declared to be invalid. Section 18. This ordinance shall take effect upon the first day of the first full calendar month following the date upon which the Grantee files its acceptance. PASSED AND ADOPTED in regular session on second and final reading on this the 14tn day of August 1990. 'WA -Y Attest: Asst. City Clerk •.J First Reading July 24, 1990 Second Reading August 14, 1990 5 ORD. NO. 32-90 DRAFT - VERSION 1.3 APRIL 12, 2013 INTERLOCAL AGREEMENT TO JOINTLY PURSUE A COMPLAINT AGAINST FLORIDA PUBLIC UTILITIES CORPORATION (FPUC) FOR PAYMENT OF FRANCHISE FEES The City of The City of The City of The Town of The Town of The Town of The City of Dated the th day of , 2013 By, Between, and Among Atlantis, Florida Boca Raton, Florida Delray Beach, Florida Gulf Stream, Florida Lake Park, Florida Palm Beach, Florida West Palm Beach, Florida 1 DRAFT - VERSION 1.3 APRIL 12, 2013 TABLE OF CONTENTS RECITALS TERMS OF AGREEMENT Article 1. Definitions Article 2. Purpose and Authorized Activities Article 3. Duration, Term, and Termination Article 4. Organization Article 5. Manner of Funding Article 6. Manner of Disbursements Article 7. Method of Allocating Cost Responsibility Article 8. Manner of Employing, Engaging, Compensating, and Discharging Necessary Personnel and Firms, Including Purchasing Services and Entering Into Contracts Article 9. Reserved for Future use Article 10. Provision for Return of Any Surplus Funds to Participating Parties Article 11. Reserved for Future Use Article 12. Reserved for Future Use Article 13. Indemnification; Manner of Responding to Any Claims for Liability; Insuring Against Such Liability Article 14. Dispute Article 15. Accountability for Funds; Audit 2 DRAFT - VERSION 1.3 APRIL 12, 2013 Article 16. Representations and Warranties Article 17. Miscellaneous Provisions DRAFT - VERSION 1.3 APRIL 12, 2013 INTERLOCAL AGREEMENT TO JOINTLY PURSUE A COMPLAINT AGAINST FLORIDA PUBLIC UTILITIES COMPANY (FPUC) FOR PAYMENT OF CORRECT FRANCHISE FEES This Interlocal Agreement to Jointly Pursue a Complaint Against Florida Public Utilities Company for Payment of Correct Franchise Fees, dated as of the th day of 2013 ( "Agreement "), is entered into by, between, and among the following: The City of The City of The City of The Town of The Town of The Town of The City of Atlantis, Florida Boca Raton, Florida Delray Beach, Florida Gulf Stream, Florida Lake Park, Florida Palm Beach, Florida West Palm Beach, Florida The foregoing entities are collectively referred to herein as the "Parties" or as the "Local Governments," and each may also be referred to individually as a "Party" or as a "Local Government." For purposes of entering into transactions pursuant to this Agreement, the Local Governments agree to do so in the name of the Florida Local Governments Consortium for Proper Franchise Fees (hereinafter referred to as the "Governments Franchise Fee Consortium" or simply as the "Consortium "). The purpose of the Agreement is to provide a means, pursuant to Chapter 163, Florida Statutes, for the Local Governments to mutually support claims for payment of the correct and proper franchise fees due from FPUC to each of the participants to this Agreement pursuant to the franchise agreements between FPUC and each of the Local Governments relating to FPUC's provision of retail natural gas services within each Local Government's corporate limits. The activities contemplated by this Interlocal Agreement include, without limitation, participating (a) as named plaintiffs in a civil complaint seeking damages for under -paid franchise fees in the past and declaratory relief that would require FPUC to pay the correct and proper franchise fees 'in the future; (b) in negotiations 4 DRAFT - VERSION 1.3 APRIL 12, 2013 with FPUC for the payment of proper franchise fees; (c) in negotiations with FPUC for new franchise agreements that would clarify and resolve all issues arising under the existing franchise agreements; (d) in any other relevant proceedings and activities before any court, tribunal, regulatory agency, or other governmental entity having jurisdiction; and (e) in any other related activities in furtherance of the Local Governments' goals of ensuring that they receive the correct and proper franchise fees from FPUC. RFY'TTAT..q WHEREAS, each Party to this Agreement is a political subdivision of the State of Florida, each having the police power and each committed to exercising that power in the interests of the public health, safety, and welfare; and WHEREAS, each of the Local Governments has adopted an ordinance embodying a franchise agreement with Florida Public Utilities Company relating to FPUC's provision of retail natural gas utility service to customers located within each Local Government's corporate limits; and WHEREAS, franchise fee revenues are an important source of funding for the operations of and services provided by each Local Government; and WHEREAS, it is critical that franchise fee payments be correctly and properly calculated and remitted to the Local Governments so that they can fulfill their obligations to their citizens without having to raise taxes or resort to other funding means; and WHEREAS, the Local Governments to this Interlocal Agreement, based on research and analysis of the franchise fee revenues received from FPUC and of the franchise agreements pursuant to which those franchise fees are calculated, have come to believe that FPUC has not correctly and properly calculated and remitted the correct amount of franchise fees due to the Local Governments; and WHEREAS, the Local Governments wish to enter into this Interlocal Agreement for the purpose of jointly funding 5 DRAFT - VERSION 1.3 APRIL 12, 2013 efforts to recover franchise fees that they should have received and to ensure that all franchise fees are properly calculated and remitted in the future, and also to provide a vehicle for the purpose of participating, as provided for herein, in relevant legal proceedings and other activities consistent with the Local Governments' goals, provided specifically, however, that no individual Local Government shall be limited by this Agreement to participating in any such activities only through this Agreement, it being the intent of all Local Governments that any individual Local Government shall be free to participate in any such proceedings to promote its own interests as it deems appropriate; NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants set forth in this Agreement, the mutuality and mutual value of which is hereby acknowledged by each Party to this Agreement, the Parties do hereby agree as follows. TERMS OF AGREEMENT Article 1 - Definitions 1.1 "Consortium" or "Florida Local Governments Consortium for Proper Franchise Fees" or "Governments Franchise Fee Consortium" shall mean the Parties to this Interlocal Agreement, acting collectively. 1.2 "Gas Franchise Agreements" means those ordinances and related agreements between each of the Local Governments and Florida Public Utilities Company embodying each Government's agreement with FPUC regarding the grant of a franchise and the payment of franchise fees relating to FPUC's provision of retail natural gas service within the Local Government's corporate limits. 1.3 "Law Firm" or "Law Firms" means either or both of Jones, Foster, Johnston & Stubbs, P.A., Post Office Box 3475, West Palm Beach, Florida 33402 -3475, and Gardner Bist Wiener Wadsworth Bowden Bush Dee LaVia & Wright, P.A.,1300 Thomaswood Drive, Tallahassee, Florida 32308. 2 DRAFT - VERSION 1.3 APRIL 12, 2013 1.4 "Legal Services Agreement" means a written agreement engaging the Law Firm to perform certain legal services in furtherance of this Agreement, including, without limitation, preparing and filing the complaint against FPUC contemplated by this Interlocal Agreement, negotiating with FPUC to resolve the issues raised in the complaint on behalf of the Parties to this Interlocal Agreement, and any other services that the Parties agree to engage either or both of the Law Firms to perform in furtherance of the purposes of this Agreement. Copies of the Legal Services Agreements with each Law Firm are attached to this Agreement as Appendix 1. Article 2 - Purpose and Authorized Activities 2.1 The purpose of the Agreement is to pursuant to Chapter 163, Florida Statutes, Governments to mutually support claims for correct and proper franchise fees due from the participants to this Agreement pursuant franchise agreements between FPUC and each Governments relating gas services within limits. to FPUC's provision of each Local Government's provide a means, for the Local payment of the FPUC to each of to the of the Local retail natural corporate 2.2 Specific activities contemplated by this Agreement include, without limitation, the following: a. Participating as named plaintiffs in a civil complaint seeking damages for under -paid franchise fees in the past and declaratory relief that would require FPUC to pay the correct and proper franchise fees in the future; b. Participating in negotiations with FPUC for the payment of proper franchise fees; C. Participating in negotiations with FPUC for new franchise agreements that would clarify and resolve all issues arising under the existing franchise agreements; 7 DRAFT - VERSION 1.3 APRIL 12, 2013 d. Participating in any relevant proceedings and activities before any court, tribunal, regulatory agency, or other governmental entity having jurisdiction; and e. Participating in any other related activities in furtherance of the Local Governments' goals of ensuring that they receive the correct and proper franchise fees from FPUC. f. Participating in defending any action that may be brought against either the Consortium or any of the Local Governments individually as a result of the activities of the Consortium in seeking proper franchise fee payments as contemplated by this Agreement. 2.3 Authorization to enter into the Legal Services Agreement is granted by all of the Local Governments upon the execution of this Agreement. For purposes of this Agreement, as of , 2013, the Local Governments recognize, understand, and agree that the only costs to be shared under the Legal Services Agreement are the costs associated with the Legal Services Agreements, including the proposed budget attached thereto. 2.4 The Local Governments agree that this Agreement shall provide the legal vehicle and framework for the Law Firms hired pursuant to the Legal Services Agreement to provide additional services in connection with future activities pursuant to this Agreement, i.e., activities beyond those expressly identified herein. The Parties contemplate and intend, however, that any such further activities shall be subject to the shared - funding provisions of this Agreement only upon the written execution of a written "memorandum of understanding and authorization" or similar document by each Local Government electing to participate in such activities on a shared - funding basis. 2.5 The Parties specifically agree that this Agreement shall be construed such that no individual Local Government shall be limited by this Agreement to participating in any such activities only through this Agreement, and that it is 8 DRAFT - VERSION 1.3 APRIL 12, 2013 the intent of all Parties to this Agreement that any individual Party (Local Government) shall be free to participate in any proceedings before any tribunal, court, executive agency, legislative or quasi - legislative body, or any other government agency, to promote its own interests as it deems appropriate. 2.6 The Parties hereby authorize the Town of Palm Beach to enter into the Legal Services Agreements with the Law Firms on behalf of the Consortium and the Parties to this Agreement, and pursuant to the shared - funding provisions of this Agreement. Article 3 - Duration, Term, and Termination 3.1 This Agreement shall be effective as between all of the Parties as of the day of , 2013, and shall continue in effect until there remains at most only one (1) Local Government that has not submitted a Notice of Termination of Participation in this Agreement as provided in Section 3.2. 3.2 Termination of a Party's participation in this Agreement shall be effected by the Party submitting a written Notice of Termination to each other Party. Termination shall not relieve a Party of the obligation to provide any funds that it has committed to provide, and termination shall not entitle a Party to a refund of any amounts paid in, except as provided in Section 10.3 below. Article 4 - Organization 4.1 The Florida Local Governments Consortium for Proper Franchise Fees shall be an organization, whether incorporated or not, organized and existing for the purposes set forth in this Interlocal Agreement. 4.2 It is the desire and intent of the Parties that decisions made under this Agreement shall be by consensus. However, if a consensus is not fully achievable in any particular instance, then decisions shall be made by the affirmative vote of at least three - fifths of all of the 9 DRAFT — VERSION 1.3 APRIL 12, 2013 Parties to this Agreement that have agreed to participate in funding the activity with respect to which the decision is being made. 4.3 It is the desire and intent of the Parties that decisions made under this Agreement, relating to matters and issues other than activities for which the Parties have contributed funding support, shall also be made by consensus of those Parties who have contributed funding pursuant to this Agreement. If in a particular instance, a consensus is not fully achievable, then decisions regarding such issues or matters shall be made by the affirmative vote of three - fifths of all of the Parties to this Agreement that have contributed funding toward any activity of the Consortium pursuant to this Agreement within two years preceding the date on which the decision is being made, providing that such Parties have not terminated their participation in this Agreement pursuant to Section 3.2 above. 4.4 If the Parties decide to form a corporate entity to carry out the purposes of this Agreement, they hereby agree that the Bylaws of such corporate entity shall reflect the decision rules set forth in Sections 4.2 and 4.3 above. Article 5 - Manner of Funding; Initial Funding; Funding Subsequent Activities 5.1 Funding for the litigation and negotiation activities contemplated by this Agreement shall be made by direct contributions by each Party to the Town of Palm Beach, which the Parties agree shall be the entity having responsibility to make disbursements. 5.2 Having considered the proposed budget submitted by the Law Firms, the Parties agree that the initial budget for the activities contemplated by this Interlocal Agreement shall be $115,000. Each Party's share is set forth in Appendix 2 to this Agreement. Each Party to this Agreement further agrees to pay its share of the fees and costs, as shown in Appendix 2, to the Town of Palm Beach within 20 days following each Party's execution of this 10 DRAFT - VERSION 1.3 APRIL 12, 2013 Agreement, or within such other time as is reasonable and practicable for a Party under its particular circumstances. Article 6 - Manner of Disbursements 6.1 Disbursements made directly on behalf of the Consortium shall be made by checks drawn on the accounts of the Town of Palm Beach, which may include designated sub - accounts for the Consortium, or on accounts of any Party authorized to receive and disburse funds pursuant to this Agreement on behalf of the Parties. Article 7 - Method of Allocating Cost Responsibility 7.1 Funding shall be shared by the Local Governments participating in the Florida Local Governments Consortium for Proper Franchise Fees as set forth in Appendix 2. 7.2 For each future activity (i.e., any activity beyond the initial scope of activities and legal services contemplated by this Agreement and by the budget appended to the Legal Services Agreements) undertaken by the Parties pursuant to this Agreement, each Party may elect to participate or not participate in funding the activity. For those Parties that elect to participate in funding any such future activity, the following shall be a non - binding guide to determining each Party's share of the funding (cost) of the activity: each Party's share shall be computed as the total agreed -upon funding level for the activity multiplied by a factor calculated by (a) dividing the Party's 2009 FPUC franchise fee revenue by the sum of the 2009 FPUC franchise fee revenues of all participating Parties. 7.3 Unless otherwise agreed by the participating Parties, funding for future activities shall be made via direct contributions by each Party participating in any such activity to either the Town of Palm Beach, or to either or both of the Law Firms, if applicable, or to any other entity that the Parties may designate to be the recipient of such contributions and disburser of funds. Funding for specific activities may be made in any other 11 DRAFT - VERSION 1.3 APRIL 12, 2013 manner mutually agreed upon by the Parties participating in funding such activity, provided that any such other funding method shall be incorporated in a written "memorandum of understanding and authorization" or similar document executed by all Parties participating in such activity. Article 8 - Manner of Employing, Engaging, Compensating, and Discharging Necessary Personnel and Firms, Including Purchasing Services and Entering Into Contracts 8.1 The Parties, acting through the Consortium, shall engage the Law Firms pursuant to an appropriate written letter or agreement memorializing the terms of that engagement, such as or similar to the Legal Services Agreements. 8.2 The Parties designate Thomas G. Bradford, Deputy Town Manager for the Town of Palm Beach, as their authorized agent for purposes of signing any agreements authorized by the Local Governments, including, without limitation, the Legal Services Agreements pursuant to this Interlocal Agreement and any future authorizations granted by the Parties. 8.3 The Law Firms and any other necessary providers of contract services shall be engaged by written agreement in the name of the Consortium. To the extent authorized pursuant to the shared - funding provisions of this Agreement, payments to the Law Firms shall be made directly by the Town of Palm Beach. Article 9 - Reserved for Future Use Article 10 - Provision for Return of Any Surplus Funds to Participating Parties 10.1 once a Party has committed in writing to participate in the Florida Local Governments Consortium for Proper Franchise Fees, its payment shall be made to the Town of Palm Beach within twenty (20) days following the Party's execution of this Agreement. Except as provided in 12 DRAFT - VERSION 1.3 APRIL 12, 2013 this Article 10, no part of any such payment shall be refundable, including if and when the Local Government withdraws from the Consortium. 10.2 Once a Party has committed in writing to participate in any other activity of the Consortium, its payment shall be made to the Town of Palm Beach (in the case of an agreement to fund activities by a Law Firm), to one of the Law Firms, or to another entity as designated in writing by the Parties, forthwith. Except as provided in this Article 10, no part of any such payment shall be refundable, including if and when the Local Government withdraws from the Consortium. 10.3 If there are undisbursed funds remaining in connection with any activity authorized by the Parties at the conclusion of such activity, and after all invoices and costs have been duly paid, then any such undisbursed funds shall be refunded by the entity then in possession of such funds (e.g., the Town of Palm Beach in the case of funds held by the Town of Palm Beach in connection with anticipated payments to the Law Firm) to each Local Government that contributed funds to such activity, pro rata, according to the percentage that each respective Local Government contributed to the total amount of funds contributed toward the shared funding support of such activity. Article it - Reserved for Future Use Article 12 - Reserved for Future Use Article 13 - Indemnification; Manner of Responding to Any Claims for Liability; Insuring Against Such Liability 13.1 Indemnification. Each Party shall be liable for its own actions and negligence. To the extent permitted by law, each Party shall indemnify, defend, and hold harmless the other Parties against any actions, claims, or damages arising out of the Party's negligence of actions. The foregoing indemnification shall not constitute a waiver of 13 DRAFT - VERSION 1.3 APRIL 12, 2013 sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall it be construed to constitute an agreement by any Party to indemnify any other Party for such other Party's negligent, willful, or intentional acts or omissions. 13.2 Responding to Claims for Liability. Each Party shall respond on its own behalf for any claims involving its own actions and negligence. If a claim is made against the Consortium or against all Parties together, then the Parties shall first meet to discuss and negotiate among themselves as to how best to respond to any such claims and as to how to fund any expenses associated with such response. If the Parties do not reach another agreement as to funding any response to a claim made against the Consortium or against all Parties together, then the Parties shall make any relevant decisions pursuant to the decision - making provisions of Sections 4.2 or 4.3 above, as either section may be applicable in a particular instance. 13.3 Survival of obligations. This Article 13 shall survive the termination of this Agreement. Any other term, condition, covenant, or obligation that requires the performance by a Party, relative to its obligations under this Article 13, subsequent to the termination of this Agreement shall remain enforceable against such Party subsequent to such termination. Article 14 - Dispute Resolution 14.1 Resolution Of Disputes Relative to Parties' Payment obligations to Support the Joint Efforts Contemplated In This Agreement. In the event that any dispute, controversy or claim relating to the Parties' payment obligations arising out of or relating to this Agreement or relating to the breach, termination or validity thereof should arise between the Parties (a "Dispute "), the Party or Parties asserting the existence of a Dispute shall deliver to the other Parties a written notice identifying the disputed issue. The Parties shall first meet, through designated representatives having authority to resolve any such Dispute, for the purpose of resolving such Dispute informally. In such meetings and 14 DRAFT - VERSION 1.3 APRIL 12, 2013 exchanges, a Party shall have the right to designate as confidential any information that such Party offers. No confidential information exchanged in such meetings for the purpose of resolving a dispute may be used by a Party in litigation against another Party or Parties. In the event that the Dispute cannot be resolved informally, then any Party may initiate binding arbitration proceedings, which shall be conducted in accordance with the then - current American Arbitration Association's ( "AAA ") Large, Complex Commercial Rules or other mutually agreed upon procedures. Each Party that participates in arbitration proceedings pursuant to this Agreement shall bear its own attorneys' fees and costs, and all other costs incurred by such Party, in connection with the arbitration. 14.2 Resolution of All Other Disputes. In the event that any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination or validity thereof should arise between the Parties (a "Dispute "), the Party or Parties asserting the existence of a Dispute shall deliver to the other Parties a written notice identifying the disputed issue. The Parties shall first meet, through designated representatives having authority to resolve any such Dispute, for the purpose of resolving such Dispute informally. In such meetings and exchanges, a Party shall have the right to designate as confidential any information that such Party offers. No confidential information exchanged in such meetings for the purpose of resolving a dispute may be used by a Party in litigation against another Party or Parties. In the event that the Dispute cannot be resolved informally, then any Party may initiate binding arbitration proceedings, which shall be conducted in accordance with the then - current American Arbitration Association's ( "AAA ") Large, Complex Commercial Rules or other mutually agreed upon procedures. Each Party that participates in arbitration proceedings pursuant to this Agreement shall bear its own attorneys' fees and costs, and all other costs incurred by such Party, in connection with the arbitration. 14.3 It is the Parties, intent that any arbitration proceedings conducted under this Agreement be held in Palm Beach County, Florida, or in another location that is 15 DRAFT - VERSION 1.3 APRIL 12, 2013 mutually acceptable to all Parties involved in the arbitration proceedings. Article 15 - Accountability for Funds; Audit 15.1 Accounting. Each entity that receives funds from the participating Local Governments in furtherance of the activities contemplated by this Agreement, including, without limitation, the Town of Palm Beach and the Law Firms, as applicable, shall be accountable for the prudent handling of funds received and for disbursing funds only for authorized purposes pursuant to this Agreement. Each such entity shall, upon completion of its duties with respect to such funds received, provide an unaudited accounting of receipts of such funds and expenditures made from such funds. Such unaudited accounting shall be of the type and scope that such entity normally prepares for its own internal records of such transactions, and such accounting may, if practicable, be accomplished simply by the respective entity's furnishing copies of its accounting records and bank statements with the receipts and expenditures indicated. 15.2 Audit. Any Party may, at its sole expense, have an audit of the receipts and expenditures pursuant to this Agreement conducted by a Certified Public Accounting firm licensed to practice in the State of Florida. Article 16 - Representations and Warranties 16.1 By the signature of its authorized representative below, each Local Government confirms, represents, and warrants to all other Parties to this Agreement that it has the requisite approval of its governing council, commission, board, or other governing body to enter into this Agreement, and that the person signing on behalf of each Local Government is duly authorized to bind the Local Government to all of the terms, provisions, and conditions of this Agreement. Article 17 - Miscellaneous Provisions DRAFT - VERSION 1.3 APRIL 12, 2013 17.1 Entire Agreement. This Agreement is intended by the Parties as the final expression of their agreement, is intended also as a complete and exhaustive statement of their agreement with respect to the subject matter contained herein, and supersedes any previous agreements or understandings between the Parties. 17.2 Severability. If any term or provision of this Agreement should be held by any court or other authority of competent jurisdiction to be invalid, void, unenforceable or against public policy, the remainder of this Agreement will remain in full force and effect and will in no way be adversely affected; provided, however, that the severance of such term or provision does not render the performance of a Party's material obligations pursuant to this Agreement impracticable or impossible. 17.3 Amendments. This Agreement shall only be modified or amended by a written agreement, which may include a memorandum of understanding and authorization as contemplated in Sections 5.2 and 7.3 above, duly signed by the persons authorized to sign agreements on behalf of each respective Party. Any such amendments to this Agreement shall be identified appropriately so as to avoid any confusion. 17.4 Counterparts. This Agreement may be executed in two (2) or more counterparts, all of which will be considered one and the same Agreement and each of which will be deemed an original. 17.5 Notices. All notices or other communications to be given or made hereunder shall be in writing, shall be addressed for the attention of the Persons indicated on the attached Appendix 3, and shall be delivered personally or sent by a nationally recognized overnight courier service or facsimile. 17.6 Force Majeure Events. A " "Force Majeure Event" shall mean an event or circumstance that is not reasonably foreseeable, is beyond the reasonable control of and is not caused by the negligence or lack of due diligence of the affected Party or its contractors or suppliers. Such 17 DRAFT - VERSION 1.3 APRIL 12, 2013 events or circumstances may include, but are not limited to: actions or inactions of civil or military authority (including courts and governmental or administrative agencies), acts of God, war, riot or insurrection, terrorism, blockades, embargoes, sabotage (including, but not limited to, arson and vandalism), epidemics, explosions and fires not resulting from the negligence or lack of due diligence on the part of the affected Party, hurricanes, floods, strikes, lockouts or other labor disputes (not caused by the failure of the affected Party to comply with the terms of a collective bargaining agreement). Other than the obligation to pay money, which shall not be suspended in or due to a Force Majeure Event, no Party shall be liable to any other Party or Parties for any failure or delay in performance of any obligation under this Agreement due to the occurrence of a Force Majeure Event. Whenever a Force Majeure Event occurs, the Parties shall, as quickly as possible and to the extent consistent with the affected Party's or Parties' best commercially reasonable efforts, eliminate or cure the cause of the Force Majeure Event and resume performance in full compliance with this Agreement. 17.7 Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without reference to its conflict of laws rules or any principles that would trigger the application of any other law. The Parties agree that any arbitration proceedings conducted under this Agreement shall be held in Palm Beach County, Florida, or in another location that is mutually acceptable to all Parties involved in the arbitration proceedings. 17.8 Assignment. It is expressly understood and agreed that this Agreement is made by, between, and among the Parties who have executed the Agreement. No Party shall have the right to assign any rights, duties, benefits, or other interests that it may have pursuant to this Agreement without the express written consent of all other Parties to the Agreement. 17.9 Survival. The provisions of Article 1 (Definitions), Article 13 (Indemnification; Manner of Responding to Claims for Liability and Insuring Against 18 DRAFT - VERSION 1.3 APRIL 12, 2013 Liability), Section 14 (Resolution of Disputes), and this Article 17 (Miscellaneous Provisions), together with any other provisions of this Agreement relating to the handling of confidential information, shall survive the termination of this Agreement. IN WITNESS WHEREOF, the Parties have executed and delivered this Agreement as of the date first above written. [SIGNATURE BLOCKS - EACH PARTY PLEASE PROVIDE] 19 DRAFT - VERSION 1.3 APRIL 12, 2013 APPENDIX 1 LEGAL SERVICES AGREEMENTS BETWEEN THE FLORIDA LOCAL GOVERNMENTS CONSORTIUM FOR PROPER FRANCHISE FEES AND THE LAW FIRMS 20 DRAFT - VERSION 1.3 APRIL 12, 2013 APPENDIX 2 FUNDING SHARES FOR EACH PARTY IN SUPPORT OF INITIAL LITIGATION AND NEGOTIATION EFFORTS OF THE FLORIDA LOCAL GOVERNMENTS CONSORTIUM FOR PROPER FRANCHISE FEES Local Government The City of The City of The City of The Town of The Town of The Town of Atlantis, Florida Boca Raton, Florida Delray Beach, Florida Gulf Stream, Florida Lake Park, Florida Palm Beach, Florida The City of West Palm Beach, 21 Funding Share Florida DRAFT - VERSION 1.3 APRIL 12, 2013 APPENDIX 3 PARTIES AND NOTICE INFORMATION FOR PARTIES TO THAT CERTAIN INTERLOCAL AGREEMENT TO JOINTLY PURSUE A COMPLAINT AGAINST FLORIDA PUBLIC UTILITIES CORPORATION (FPUC) FOR PAYMENT OF FRANCHISE FEES, Dated the th day of , 2013, By, Between, and Among The City of Atlantis, Florida The City of Boca Raton, Florida The City of Delray Beach, Florida The Town of Gulf Stream, Florida The Town of Lake Park, Florida The Town of Palm Beach, Florida The City of west Palm Beach, Florida 22 TOWN OF PALM BEACH, a Municipal Corporation of the State of Florida Plaintiff, vs. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. FLORIDA PUBLIC UTILITIES COMPANY, Defendant. COM'P'LA,1NT Plaintiffs, the TOWN OF PALM ,BEACH ( "Palm Beach "), the CITY OF ATLANTIS ( "Atlantis "), the CITY OF BOCA RATON ( "Boca Raton "), the CITY OF DELRAY BEACH ( "Delray Beach "), the TOWN OF GlfLF STREAM ( "Gulf Stream "), the TOWN OF LAKE PARK ( "'Lake Park "), and the C.I.TY OF WEST PALM BEACH ( "West Palm Beach "), each such Plaintiff being a municip al corporation and a political subdivision of the State of Florida, by and through their undersigned counsel, hereby sue Defendant, FLORIDA PUBLIC UTILITIES COMPANY ( "FPUC "), and allege as follows: 1. This is an action for damages for breach of contract in an amount that exceeds $15,000 and for declaratory relief. 2. This Court has jurisdiction over this claim for breach of contract and declaratory relief pursuant to sections 26.012(2)(a) and 86.011, Florida Statutes. 3. The Plaintiffs in this action are the TOWN OF PALM BEACH ( "Palm Beach "), the CITY OF ATLANTIS ( "Atlantis "), the CITY OF BOCA RATON ( "Boca Raton "), the CITY OF DELRAY BEACH ( "Delray Beach "), the TOWN OF GULF STREAM ( "Gulf Stream "), the TOWN OF LAKE PARK ( "Lake Park "), and the CITY OF WEST PALM BEACH ( "West Palm Beach "). Each of the Plaintiffs is a municipal corporation, duly organized and existing under the laws of the State of Florida, and each Plaintiff is a political subdivision of the State of Florida with the power and authority to bring this action. These Florida municipalities are collectively referred to herein as the "Plaintiff Municipalities," or simply as the ``i "'tin,icipalities." 4. FPUC is a natural .gas utility company ,providing gas service and gas transportation service to customers in Broward, MaMon, Martin, Palm Beach, Seminole, and Volusia counties. 5. FPUC is headquartered in West Palm Beach, Florida. 6. Venue is- proper in Palm Beach. County, Florida because it is where the cause of .action aarose:and because it is Where FPUC is headquartered. 7 All conditions precedent to this civil action have been performed, waived or otherwise occurred. FACTUAL ALLEGATIONS 8. This action arises under certain ordinances of each of the respective Plaintiff Municipalities, specifically their ordinances embodying franchise agreements with Defendant FPUC through which FPUC uses the Plaintiff Municipalities' rights of way for the purpose of supplying natural gas service to customers located in each of the Municipalities, and pursuant to which FPUC is obligated to pay franchise fees to each of the Plaintiff Municipalities. These ordinances are referred to herein as the "Gas Franchise Agreements," or simply as the "Agreements." The respective Agreements are listed below, and copies of each of these Gas Franchise Agreements are included in Exhibit A to this Complaint. a. City of Atlantis Ordinance No. 230, adopted on July 24, 1991 and accepted by FPUC on July 24, 1991, with an effective date of August 1, 1991. b. City of Boca Raton Ordinance No. 4149, adopted on February 22, 1994 and accepted by FPUC on March 10, 1994, with an effective date of April 1, 1994. C. City of Delray Beach Ordinance No. 32-0, adopted on August 14, 1990 and accepted by FPUC on August 23, 1990, with an effective date of September 1, 1990, d. Town of Gulf Stream Ordinance No. , adopted on and accepted by FPUC on , with an effective date of and amended by an Agreement dated December 1, 1997. [STILL NEED GULF STREAM'S ORDINANCE AND FPUC'S ACCEPTANCE.; HAVE THEIR AGREEMENT, WHICH IS DATED 12/1/1997] e. Town of Lake Park Ordinance No. 14 -2009, adopted on October 21, 2009 having been accepted by FPUC on October 7, 2009, with an effective date of November 1, 2009. f. Town of Palm Beach Ordinance No. 93 -10, adopted on April 13, 1993 and accepted by FPUC on May 5, 1993, with an effective date of June 1, 1993. g. City of West Palm Beach Ordinance No. 2319 -89, adopted on September 18, 1989 and accepted by FPUC on or about October 1, , 1989, with an effective date of October 1, 1989. [I CAN USE THE FOREGOING LANGUAGE, BUT IT WOULD BE BETTER TO HAVE WPB'S FINAL ACCEPTED AGREEMENT OR FPUCS ACCEPTANCE LETTER] 9. By virtue of FPUC's acceptance, each of the 'Gas Franchise Agreements between the Municipalities and FPUC is a contract. 10. The Gas Franchise Agreements. gave, 'FPUC the right, privilege, and authority to construct and maintainits. gas pipelines and other facilities in the streets, alleys, and public places within the corporate: boundaries of the Municipalities for the purpose of supplying natural tgas (including manufactured gas) customers within the respective Municipalities. 11 'Under the Gas Franchise'Agreement, FPUC was obligated to pay to each of the Plaintiff Municipalities a Franchise Fee in accord with the following: a tax equal to the amount -by which six (6) per cent of the amount of its revenues from';the sale of gas to residential and general service commercial customers, less charge -off for uncollectible accounts and adjustments,, Within the corporate limits of the Town of Palm Beach for the twelve (12) calendar months preceding the applicable anniversary date, shall exceed the amount of any other taxes, licenses, or other impositions levied or imposed by the Town of Palm Beach against Florida Public Utilities Company's property, business or operations for the tax year preceding the beginning of the applicable tax year, and previously paid by grantee to grantor." (the "Franchise Fee ") (emphasis added). The quoted language is from Section 7 of the Gas Franchise Agreement between the Town of Palm Beach and FPUC as a representative example. The wording varies slightly among the Plaintiffs' specific franchise agreements, but the substantive provisions are identical. 12. The Franchise Fee required under the Gas Franchise Agreements was to be paid by FPUC to each of the Municipalities once a year. 13. The Gas Franchise Agreements were (are) to remain in effect for thirty (30) years from their respective effective dates. Pursuant to the Gas Franchise Agreements and normal practice, FPUC charged its residential and general service customers for the Franchise Fees and remitted the Franchise Fees to each of the Municipalities. 14. FPUC's Franchise Fee payments fluctuated somewhat over the years, but beginning in 2009, the Plaintiff Municipalities noticed generally significant reductions in the amount of Franchise Fees received from FRUC. A summary of the Franchise Fee * 4w "916 payment/remittance history for the Plaintiff Municipalities follows. (Exhibit B presents complete franchise fee payment information for FPUC's natural gas operations to the Plaintiffs, and to another Florida municipality, the City of Riviera Beach, which is not a plaintiff in this action.) a. For the 12- month period ending July 31, 2008, FPUC paid Atlantis a Franchise Fee of $9,248.46, and for the 12 -month period ending July 31, 2009, FPUC paid Atlantis a Franchise Fee in the amount of $11,083.67. However, for the 12 -month period ending July 31, 2011, FPUC only paid Atlantis a Franchise Fee of $5,871.69, and for the corresponding "franchise year' ending on July 31, 2012, FPUC only paid Atlantis a Franchise Fee of $8,083.57. b. For the 12 -month period ending March 31, 2008, FPUC paid Boca Raton a Franchise Fee of $196,962.00, and for the 12 -month period ending March 31, 2009, FPUC paid Boca Raton a Franchise Fee of $237,500.00. However, for the 12 -month period ending March 31, 2011, FPUC only paid Boca Raton a Franchise Fee of $142,400.00, and for the corresponding "franchise year" ending on March 31, 2012, FPUC only paid Boca Raton a Franchise Fee of $169,200.00. C. For the 12 -month period ending_ August 31 ',7,008, FPUC paid Delray Beach a Franchise Fee of $85,516.11, and for the '12 -month period ending August 31, 2009,. FPUC paid "Delray` Beach a Franchise Fee of $100,217.55. However, fdr the 12- month. period ending August 31, 2011, FPUC only paid DelrayYB!each a Franchise Fee of $74,245.91, and for the r, corresponding "franchise year" ending an August 31, 2012, FPUC only paid Delray Beach a Franchise: Fee of $61,086.36. d:. -For th 12- mo.nth, "franchise..:year" . ending on the anniversary date of the Gulf StreamF PU'Gis Franchise Agreement in, 2008, FPUC paid Gulf .Stream a Franc rise Fee of $5,481.00, and for the comparable period in 20ft, FPUC paid Gulf Stream a Franchise Fee of $6,748.00. However, for the corresponding "franchise years" of 2011 and 2012, FPUC only paid Gulf Stream Franchise Fees of $946.00 and $2,549.00, respectively. e. For the 12 -month period ending October 31, 2008, FPUC paid Lake Park a Franchise Fee of $2,420.00, and for the 12 -month period ending September 30, 2009, FPUC paid Lake Park a Franchise Fee of $715.00. For the corresponding "franchise years" of 2011 and 2012, FPUC paid Lake Park Franchise Fees of $6,483.00 and $3,031.00, respectively. f. For the 12 -month period ending May 31, 2008, FPUC paid Palm Beach a Franchise Fee in an amount of $230,046.12, and for the 12 -month period ending May 31, 2009, FPUC paid Palm Beach a Franchise Fee in the amount of $229,065.84. However, for the 12 -month period ending May 31, 2011, FPUC only paid Palm Beach. a Franchise Fee of $144,418.28, and for the same "franchise year'' ending on May 31, 2012, FPUC only paid Palm Beach a Franchise Fee of $139,727.35. g. For the 12 -month period ending September 30, 2008, FPUC paid West Palm Beach a Franchise Fee of $131,3:01.00, and for the 12 -month period ending September 30, 2009, FPUC paid West Palm Beach a Franchise Fee of $237,134.00. However, for the corresponding "franchise years" of 2011 and 2012, FPUC only paid West Palm Beach Franchise Fees of $96,872.00 and $133,843.00, respectively. 15. From the foregoing, it is apparent that, for all but Lake Park, the Franchise Fees remitted by FPUC to each of the Plaintiff Municipalities were significantly less in 2011 and 2012 than they were in 2008 and 2009. For example, the Franchise Fees remitted to the Town of Palm Beach and to the City of Boca Raton declined by approximately 30 percent between the 2008 and 2009 franchise years and the 2011 and 2012 franchise years. This led the Municipalities to investigate the cause or causes of these declines. The Municipalities' investigations revealed the following. 16. In or around June 2009, FPUC unilaterally reclassified significant numbers of FPUC's customers located within the Municipalities from a rate classification known as General Service ( "GS ") into a rate classification known as Large Volume Service ( "LVS "). As one example, based on a review of FPUC's billing records for customers located in Palm Beach, in or around June 2009, FPUC unilaterally reclassified more than 50 of FPUC's customers located within Palm Beach from the GS rate class into the LVS rate class. 17. The GS and LVS classification labels are created and used solely by FPUC. 18. FPUC's LVS classification had been ip exi tence as early as 1991. 19. FPUC historically collected the applicable. Franchise Fee from customers in the GS class and remitted the Franchise Fees thus collected to the Plaintiff Municipalities, along with the Franchise Fees collected from Residential customers. 20. After uhil terally •'reclassifying numerous customers into the LVS rate classification i ar around June 2009, FPUC u- nilaterally exempted those customers from the Franchise Fee and thus, ceased remitting Franchise Fees previously collected from these customers to the. Plaintiff Municipalities. 21. The Gas Franchise Agreements apply by their terms to revenue generated from the sale of gas to all `'residential and general service commercial customers in the Town." No exception is made for either residential or general service commercial customers based on the volume of gas used. 22. The customers reclassified by FPUC include hotels, restaurants, and other general service commercial businesses located within the Town. Such customers are commonly understood to be "general service commercial customers," and it was and remains the intent and understanding of each of the Plaintiff Municipalities that such customers were included within the meaning of "general service commercial customers" as that term is used in the Gas Franchise Agreements. Indeed, FPUC had performed its duties under the Gas Franchise Agreements by collecting and remitting to the Municipalities the Franchise Fee from the subsequently transferred customers for many years preceding June 2009. Neither the commercial nature of these customers' business activities nor the basic purposes for which they used gas purchased from FPUC changed as the volume of gas that they used grew over the years, and accordingly, there was no lawful basis for FPUC to Oniaterally reclassify the status of such customers so as to cease collecting the Franchise. Fee from them. �-1111 23. FPUC's tariff (Second Revised Sheet No. 8) defines "Commercial Service" service to Customers engaged in selling, warehousing, or distributing a commodity, in some business activity or in a profession, or in some form of economic or socia) activity (offices, stores, clubs, hotels, etc.) and for purposes that do not come directly under another classification of service. 24. The Gas Franchise Agreements also provide that FPUC may reduce the amount of the Franchise Fee that would otherwise be due by the amount of "any other taxes, licenses, or other impositions levied or imposed by" each of the Plaintiff Municipalities. The deductions claimed and applied by FPUC over the years included deductions for ad valorem property taxes paid by FPUC to each of the Municipalities. 25. The amounts thus deducted by FPUC are summarized in Exhibit C to this Complaint. For example, for the franchise year ending on May 31, 2010, FPUC deducted $6,493.98 from its Franchise Fee payment to the Town of Palm Beach, and for the franchise year ending on March 31, 2012, FPUC deducted $12,569.91 from its Franchise Fee payment to the City of Boca Raton. COUNT 1— BREACH OF CONTRACT — FRANCHISE FEE CALCULATIONS 26. The Town realleges the allegations contained in paragraphs 1 through 23 as though fully set forth herein. 27. The customers unilaterally reclassified by FPUC as LVS customers are "general service commercial customers" as set forth. in the Gas Franchise Agreements. As a result, the revenue generated from the LVS customers. must be included when calculating the Franchise Fee. Moreover, based on the definition of "Commercial Service" set forth in FPUC's official tariff, the Municipalities believe that . UC's practice of exempting Large Volume Service customers from paying the Franchise Fee has generally been incorrect and inconsistent with_ -the Plaintiff Municipalities' understanding and intent, in that! ;on inform.etion and belief, the vast majority of such customers are entities such as the restaurants, hotels, and other commercial business establishments that FPUC reclassified from, to LVS inr 2009. The Municipalities believe that the correct distinction, as contemplated by the plain language of the Gas Franchise Agreements,'sbould be between general service commercial customers who use gas in the course of "sell'ing, warehousing, or distributing a commodity, in some business activity or in a profession,; grin some form of economic or social activity (offices, stores, clubs, hotels, etc.)" and other, "large volume service" customers who use the gas that they purchase for other purposes, e.g., for industrial, streetlighting, or area lighting applications. 28. By exempting the revenue generated by LVS customers (including both those customers transferred from GS to LVS in June 2009, and those LVS customers whose usage is in fact "Commercial Service" usage as opposed to industrial or lighting usage) in the Plaintiff Municipalities from the Franchise Fee, FPUC has breached the Gas Franchise Agreements. 29. The Plaintiff Municipalities have been damaged in the amount of the underpaid Franchise Fees by varying amounts, ranging from relatively small amounts in Municipalities with few customers to hundreft of thousands of dollars in the larger cities and towns. Further discovery will be necessary to calculate the total amounts of damages claimed by each of the Plaintiff MunicipalitieS. WHEREFORE, the Plaintiff Mulnici;palities demand judgment against FPUC for damages, interest and costs, and pray this Court to grant any other relief that the Court deems just and proper. COUNT II , DECLARATORY REL[EF - EWNCHISE FEE CALCULATIONS 30. The Plarrrtff Municipalities reallege the allegations contained in paragraphs 1 through 23 as though fully set forth herein. The Municipalities are in doubt regarding their rig=hts,. status and legal relations under the Gas Franchise Agreements and accordingly, the Municipalities seek declaratory relief pursuant to Section 86.011, et seq., Florida Statutes. 31. At least one of the Plaintiff Municipalities, the Town of Palm Beach, has informed FPUC that it objects to FPUC's practice of exempting all LVS customers from the Franchise Fee. The Municipalities contend that the nature of a customer's usage of gas that it purchases, and not the volume of gas that it purchases, determines whether it is a general service customer. Thus, a hotel, office, store, club, or other business engaged in selling or distributing a commodity, is a general service commercial customer whose usage is subject to paying the franchise fee pursuant to the Gas Franchise Agreements, regardless of the customer's usage level. The Municipalities would agree that customers whose usage is for a bona fide industrial purpose (and for lighting usage) would properly be exempted from paring the franchise fee. 32. FPUC contends that LVS customers do not constitute "general service commercial customers" under the Gas Franchise Agreements and':Ore thus not subject to the Franchise Fee. 33. There is a bona fide; actual, .present, and practical need for a declaration regarding the parties' rights under the Gas Franchise Agreements. 34. The .declaration sought concerns a present ascertained or ascertainable state of facts or present. controversy regarding these disputes. 35... . The declaration: is necessary for the parties to be certain of their respective.;rights and obligations under the Gas Franchise Agreements. 36. The parties have an actual present adverse and antagonistic interest in the subject matter of these declarations. 37. The relief being sought is not merely the giving of legal advice or answers to questions propounded by curiosity. 38. The Plaintiff Municipalities reserve the right to seek supplemental relief, including, but not limited to, damages and injunctive relief, upon the Court's declaration. 39. The Plaintiff Municipalities are entitled to recover their reasonable costs if successful in this action pursuant to section 86.081, Florida Statutes. WHEREFORE, the Plaintiff Municipalities demand a judgment declaring that: A. Any and all customers classified by FPUC as Large Volume Service customers, whose usage is for purposes associated with business activities, professions, or economic or social activities, such as those activities normally carried on in selling, warehousing, or distributing commodities, or in operating offices, stores, clubs, hotels, and the like, are "general service commercial customers" under the Gas Franchise Agreement, and their revenue must be included by FPUC when calculating and remitting the Franchise Fee; B. FPUC is in violation of its implied duties of good faith and fair dealing; and, C. The Plaintiff Municipalities are entitled to recover their costs pursuant to section 86.081, Florida Statutes. COUNT III — DECLARATORY RELIEF- PROPERTY TAX DEDUCTIONS 40,: The. Plaintiff Municipalities realiege the allegations contained in paragraphs 1 through 25 as though fully set forth herein. The Plaintiff Municipalities are in doubt regarding their rigtvts, status and legal relations under the Gas Franchise Agreements and seek declaratory relief pursuant to section 86.011, et seq., Florida Statutes. 41. The Municipalities believe and contend that FPUC's practice of deducting the amount of property taxes paid from the franchise fee amounts remitted to each of the Plaintiff Municipalities is unlawful, in that this deduction of property taxes from the franchise fee (franchise tax) due pursuant to the Gas Franchise Agreements constitutes. an unlawful tax exemption that none of the Municipalities' governing commissions or councils, sitting in earlier years between 1989 and 1997 , did not have the power to grant. See City of Hollywood, Florida v. Florida Power & Light Co., 624 So. 2d 285 (Fla. 4th DCA, 1993). At least one of the Plaintiff Municipalities, the Town of Palm Beach, has informed FPUC that it objects to FPUC's practice of deducting property taxes from the franchise fee payments that it remits to the Town .and has demanded that FPUC henceforth pay the Town the full amount of franch=ise fees-, due, based on the calculation of six percent of all residential and general service commercial revenues with no deduction of property taxes paid. 42. There is a bona fide, actual, present, an_d practical need for a declaration regarding the parties' rights under the Gas Franchise.Ag,reements. 43. The declaration sought .concerns , present ascertained or ascertainable state of facts or present controversy regarding these disputes. 44. The declaration is necessary_, for the parties to be certain of their respective: rights,and.obligations under thg Gas Franchise Agreements. 45.; The part ies have an actual, present, adverse and antagonistic interest in the subject matter of these declarations. 46. The relief being sought is not merely the giving of legal advice or answers to questions propounded'by curiosity. 47. The Plaintiff Municipalities reserve the right to seek supplemental relief, including, but not limited to, damages and injunctive relief, upon the Court's declaration. 48. The Plaintiff Municipalities are entitled to recover their reasonable costs if successful in this action pursuant to section 86.081, Florida Statutes. WHEREFORE, the Plaintiff Municipalities demand a judgment declaring that: A. The annual franchise fee payments made by FPUC to each of the Plaintiff Municipalities may not lawfully be reduced by the amount of property taxes and any other ad valorem assessments paid by FPUC, and that FPUC must hereafter pay franchise fees accordingly, i.e., without any offset for property taxes or other ad valorem assessments paid. B. The Plaintiff Municipalities are entitled to recover their costs pursuant to section 86.081, Florida Statutes. DEMAND FOR JURY TRIAL The Plaintiff Municipalities dernand a jury trial on all issues to which they are so entitled. JONES. FOSTER, JOHNSTON & STUBBS, P.A. Attorneys for Plaintiff 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 Telephone: 561- 659 -3000 Fax: 561 -6.50 -5300 John C. Randolph Florida Bar No. 129000 a randolph(aa'ones- foster.com Joanne M. O'Connor Florida Bar No. 498807 0oconnor Tones- foster.com pAdocs1131561003541pld11 ea7192.docx MEMORANDUM TO: Mayor and City Commissioners FROM: Janice Rustin, Assistant City Attorney THROUGH: R. Brian Shutt, City Attorney DATE: October 31, 2013 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 REVIEW AN OFFER OF SETTLEMENT IN ROBERT DESISTO V. CITY OF DELRAY BEACH ITEM BEFORE COMMISSION The item before the City Commission is the review of an offer of settlement submitted by Plaintiff, Robert Desisto. BACKGROUND On September 26, 2013, after a three -day trial, the jury in the above - referenced case found the City of Delray Beach liable for constructively terminating former Water Treatment Plant employee, Robert Desisto and rendered a verdict with a judgment in the amount of $750,000. On October 1, 2013, the Commission approved the filing of an appeal regarding this verdict and the appointment of the firm of Methe & Rockenbach, P.A., to represent the City in the appeal. Plaintiff has submitted an offer of settlement of $300,000, inclusive of attorney's fees and costs, in exchange for full release and satisfaction of the judgment. If the City does not accept this offer, Plaintiff intends to file a motion asking the Court to reinstate him and to award fees and costs as applicable. Plaintiff's counsel requested that we provide the Commission with the e -mails regarding the settlement offer and his position. On November 13, 2013, the Court is scheduled to hear the City's arguments on its remaining post -trial motion regarding the application of sovereign immunity limits to Plaintiff's recovery. This office strongly believes that the City's damages should be capped at $100,000 pursuant to Florida's law on sovereign immunity. Our position is supported by our appellate counsel, Cara Rockenbach, who will argue this motion on the City's behalf, and by our third -party claims administrator, Bill Ritzman of PGCS Claim Services. RECOMMENDATION The City Attorney's office recommends denial of Plaintiff's offer of settlement at this time. Rustin, Janice From: Isidro Garcia <isidrogarcia @garcialaborlaw.com> Sent: Wednesday, October 30, 2013 4:23 PM To: Rustin, Janice, Shutt, Brian Cc: hannah.bourget @garcialaborlaw.com Subject: Re: DeSisto v. City of Delray Beach Janice: Confirming our telephone conversation of yesterday, it is my understanding that you and Brian are not going to recommend my settlement proposal to the City Commission at its meeting of November S, 2013, and you inquired if I wanted to withdraw it for that reason. No I do not. In fact, I ask you share my demand with every Commissioner and with the Mayor, so they can understand how my analysis differs from that of you and Brian. Please provide them with not only a copy of my demand, but my earlier email explaining why you are wrong to persist in defending a case that has no defense. I can resend those to you if no longer have them. Please provide the Commission and Mayor with a copy of this email as well. Thank you. Isidro M. Garcia Garcia Law Firm, P.A. 224 Datura Street, Suite 900 West Palm Beach, FL, 33401 Tel. (561) 832 -7732 Fax (561) 832 -7137 isidrogarcia @garcialaborlaw.com www.GarciaLaborLaw.com Confidentiality Notice: The electronic mail transmission is privileged and confidential, and is intended only for the review of the party to whom it is addressed. If you have received this transmission in error, please immediately return it to the sender. Unintended transmission shall not constitute waiver of the attorney- client or any other privilege. Rustin, Janice From: Isidro Garcia <isidrogarcia @garcialaborlaw.com> Sent: Monday, October 21, 2013 10:52 AM To: Shutt, Brian; Rustin, Janice Cc: hannah.bourget @garcialaborlaw.com Subject: DeSisto v. City of Delray Beach Dear Counsel: Now that your post trial motions for new trial and directed verdict have been denied, the following is a confidential offer to compromise our claims: $300,000, inclusive of attorney's fees and costs, in exchange for full release and satisfaction of judgment. If we can't resolve the case on the above terms, Mr. DeSisto will file a motion for reinstatement and other equitable relief, attorney's fees and costs. Please convey same to the City Council and the offer is good for 10 days. Offer is confidential under 90.408, Fla. Stat. Isidro M. Garcia Garcia Law Firm, P.A. 224 Datura Street, Suite 900 West Palm Beach, FL, 33401 Tel. (561) 832 -7732 Fax (561) 832 -7137 isidroaarcia @aarcialaborla.y.com www.GarciaLaborLaw.com Confidentiality Notice: The electronic mail transmission is privileged and confidential, and is intended only for the review of the party to whom it is addressed. If you have received this transmission in error, please immediately return it to the sender. Unintended transmission shall not constitute waiver of the attorney - client or any other privilege. 1 Rustin, Janice From: Isidro Garcia <isidrogarcia @garcialaborlaw.com> Sent: Wednesday, October 09, 2013 2:38 PM To: Rustin, Janice; Shutt, Brian Cc: 'Hannah Bourget'; Weaver, Jo Subject: Re: Desisto v. City of Delray Beach, CERTIFIED RETURN RECEIPT EMAIL. Brian and Janice: The Court has already denied your motions for directed verdict. Accordingly, it is without jurisdiction to reconsider same. Accordingly, I am writing to you in accordance with Section 57.105, Fla. Stat., to advise that you have 21 days to withdraw the motion, or I will seek sanctions against your client for making a frivolous argument on a frivolous motion. The law is well settled in the federal context: Simply put, a Court cannot revisit whether the plaintiff made a prima facie case once the Court has denied a Rule 50 motion (equivalent to directed verdict motion) at the close of the evidence and has sent the case to the jury for resolution. United States Postal Service Board of Governors v. Aikens, 460 U.S. 711, 714 -715 (1983); Beaver v. Rayonier, Inc., 200 F.3d 723 (11th Cir. 1999), cert. denied, 529 U.S. 1095 (2000); Tidwell v. Carter Products, 135 F.3d 1422, 1426, n. 1 (11th Cir. 1998); Richardson v. Leeds Police Department, 71 F.3d 801 (11th Cir. 1995). In Aikens, the United States Supreme Court held that the existence of a prima facie case and, conversely, whether a plaintiff has failed to establish its elements, drops out of the case once the trial judge has denied a Rule 50 motion at trial (judgment as a matter of law, same as directed verdict in state court). As the Supreme Court stated, "when the defendant fails to persuade the district court to dismiss the action for lack of a prima facie case, and responds to the plaintiff s proof by offering evidence of the reason for the plaintiffs rejection, the factfinder must then decide whether the rejection was discriminatory under Title VII." United States Postal Service Board of Governors v. Aikens, 460 U.S. at 714 -715. The Eleventh Circuit applied the principal articulated in Aikens in Richardson v. Leeds Police Department, 71 F.3d 801 (11th Cir. 1995). In Richardson, the Eleventh Circuit reversed a trial judge's judgment that was based on the plaintiffs alleged failure to establish a prima facie case because the trial judge sent the case to the jury after having found that the plaintiff made out a prima facie case at trial. Id. at 806. As the Eleventh Circuit held in Richardson: "when the trier of fact has before it all the evidence needed to decide the ultimate issue of whether the defendant intentionally discriminated against the plaintiff, the question of whether the plaintiff properly made out a prima facie case `is no longer relevant. "' Id. at 806. See also Tidwell v. Carter Products, 135 F.3d 14229 1426, n. 1 (11th Cir. 1998) (neither the trial judge, nor the appellate court, can revisit whether a plaintiff has established a prima facie case of discrimination and retaliation once the case has gone to the jury). In Beaver v. Rayonier, Inc., 200 F.3d 723 (11th Cir. 1999), cert. denied, 529 U.S. 1095 (2000), the Eleventh Circuit again held that once a trial judge denies a Rule 50 motion at trial, neither the trial judge nor the Eleventh Circuit may revisit the prima facie case. In Beaver, the plaintiff /employee's claims for age discrimination and retaliation were tried before a jury. At the close of all the evidence, the trial judge denied the defendant's motion for judgment as a matter of law and sent the case to the jury. Id. at 726. The jury returned a verdict for the plaintiff. Id. The employer then renewed its motion for judgment as a matter of law, which the trial judge denied. Id. On appeal, the employer argued that the trial judge should have granted its post- verdict motion for judgment as a matter of law because the plaintiff failed to establish a prima facie case. Id. at 727. The Eleventh Circuit rejected the argument, holding that once the trial judge denied the motion at the close of the evidence, neither the trial judge, nor the Eleventh Circuit, could revisit the issue of whether the plaintiff established a prima facie case: As an initial matter, [the defendant] argues that it is entitled to judgment as a matter of law because [the plaintiff] failed to establish a prima facie case. That argument, however, comes too late. Because [the defendant] failed to persuade the district court to dismiss the action for lack of a prima facie case and proceeded to put on evidence of a non - discriminatory reason — i.e., an economically induced RIF — for terminating [the plaintiff], [the defendant's] attempt to persuade us to revisit whether [the plaintiff] established a prima facie case is foreclosed by binding precedent. Id. at 727 (emphasis added). As I understand your motion, you are seeking a directed verdict on the same grounds previously denied by the Court, making that argument frivolous on its face. Secondly, you are seeking remittitur on the grounds of sovereign immunity. Under 768.28, Fla. Stat., there is no basis for remittitur, since the court is required to enter the full judgment. Moreover, soverign immunity as to municipalities was abrogated by the Florida Supreme Court long ago. While in Zamora v. Fla. Atl. Univ. Bd. of Trs., 969 So. 2d 1108 (Fla. 4th DCA 2007), holding that the caps under the FCRA for a claim against a government entity are $100,000 per claim, and $200,000 maximum. In this case, the verdict exceeds the caps even for the claims of discrimination and retaliation that the Plaintiff had. The Court in Zamora recognized that despite the limit being a total of $200,000: `Because the two claims brought by Zamora and for which he recovered separate damage awards arose from separate incidents, the statutory cap applies to each claim. We therefore reverse for the court to apply a separate statutory cap to each claim, and limiting the total recovery, including attorneys' fees, for each claim to $ 100,000. However, the judgment should not be reduced to the statutory cap, because section 768.28(5) authorizes that the judgment in excess of the cap may be reported to the legislature. "Id at 1114 (Emphasis added). Although the Court is of course bound by Zamora, that claim was against a State University; prior to enactment of the waiver of sovereign immunity act, the doctrine of sovereign immunity was abolished for municipalities pursuant to the case of Hargrove v. Town of Cocoa Beach, 96 So. 2d 130 (Fla. 1957). Even prior to legislative waiver of immunity, Justice Thornal abolished the "anachronistic" doctrine that the "king can do no wrong" as out of date and in conflict with "traditional concepts of democratic government" for municipal governments Id. Hence, there is no cap for claims under the FCRA so far as municipal governments are concerned under Hargrove. This was an argument not made in Zamora so the Fourth District has never had the opportunity to harmonize its holding with that earlier Supreme Court case that has never been overruled or 2 revisited and is still good law. As importantly, the U.S. Supreme Court has stated that while states are free to create their own laws prohibiting discrimination in employment, such laws may not provide for a lesser remedy than federal law. Under Title VII, there is no limitation on back wages; further, there is no cap that applies to fees and costs. 42 U.S.C. §1981a. Hence, to the extent that the FCRA purports to impose a cap on governmental entities, such caps are preempted by application of federal law. In California Federal Savings and Loan Association v. Guerra, 479 U.S. 272, 107 S.Ct. 683, 93 L.Ed.2d 613 (1987) the Court discussed the ways in which a federal law can pre -empt a state statute. The Court said:Federal law may supersede state law in several different ways. First, when acting within constitutional limits, Congress is empowered to pre -empt state law by so stating in express terms. Second, congressional intent to pre -empt state law in a particular area may be inferred where the scheme of federal regulation is sufficiently comprehensive to make reasonable the inference that Congress 'left no room' for supplementary state regulation.... As a third alternative, in those areas where Congress has not completely displaced state regulation, federal law may nonetheless pre- empt state law to the extent it actually conflicts with federal law. Such a conflict occurs either because "compliance with both federal and state regulations is a physical impossibility," or because the state law stands "as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress." [Citations omitted.] Id. at 280 -281, 107 S. Ct. at 689. As the First District has held: "Under a Guerra pre - emption analysis, Florida's law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress by not recognizing that discrimination against pregnant employees is sex -based discrimination. The protections afforded by Title VII and the PDA cannot be eroded by the Florida Act which does not contain a similar provision. Thus, we conclude that the Florida Human Rights Act, specifically Section 760. 10, Florida Statutes, is pre - empted by Title VII of the Civil Rights Act of 1984, 42 U.S.C. § 2000e -2 to the extent that Florida's law offers less protection to its citizens than does the corresponding federal law." O'Laughlin v. Pinchback, 579 So. 2d 788 (Fla. 1st DCA 1991). Hence under Guerra preemption analysis, the FCRA must be construed to provide at least the same remedy as federal law, which does not limit recovery of back wages or attorney's fees and costs. Hence, there is no valid reason to enter a judgment for less than the federal cap which as you know under the ADA is $300,000 and there is no limit on backwages, or on fees and costs under federal law. Given this, I request that you withdraw within 21 days the renewed motion for directed verdict and for remittur based on the caps of Chapter 768. Isidro M. Garcia Garcia Law Firm, P.A. 224 Datura Street, Suite 900 West Palm Beach, FL, 33401 Tel. (561) 832 -7732 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, City Manager DATE: October 30, 2013 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 APPOINTMENT TO THE CODE ENFORCEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Code Enforcement Board. BACKGROUND There is a vacancy on the Code Enforcement Board due to the resignation of Mr. Kurt Lehmann. The term is unexpired ending January 14, 2015. Appointment is needed for one (1) regular member. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The following individuals have submitted applications and would like to be considered for appointment: Name Background Mark Behar Entrepreneur -Local Business/Property Investor Stanley Brodka Insurance- Regional Vice President Robert Marks Chief Construction Inspector Iris McDonald Real Estate Development and Brokerage (currently serving on the Historic Preservation Board) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2) for one (1) regular member to serve an unexpired term ending January 14, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve an unexpired term ending January 14, 2015. 10/13 CODE ENFORCEMENT BOARD TERM EXPIRES REGULAR MEMBERS OCCUPATION POSITION FILLING 01/14/2016 Jason Dollard Attorney Layperson Unexp Appt 4/21/11 Reappt01 /03/13 01/14/2016 Kevin Homer Insurance Layperson Appt 01/03/13 01/14/2014 Kelli Freeman, Vice Chair Staffing Manager Business Appt 01/03/08 reg Person Unexp Appt 10/2/07 alt Reappt01 /04/11 01/14/2016 Ronald Gilinsky Sales /Marketing Layperson Unexp Appt 09/06/11 Reappt01 /03/13 01/14/2015 Stephanie Sugar Regional Director Business Unexp Appt 11/01/11 Person Appt 01/03/12 01/14/2015 Unexp Appt Vacant 01/14/2015 David Boone Attorney /Educator Layperson Unexp Appt 03/01/11 Reappt01 /03/12 ALTERNATES 01/14/2016 DeAnna Longo Registered Nurse Layperson Unexp Appt 01/03/13 + 3 yr term 01/14/2016 Jason Whiteman Attorney Layperson Unexp Appt 2/07/12 Reappt01 /15/13 Contact: Danise Cleckley 243 -7213 S /City Clerk /Board 13 /Code Enforcement Board U W Q O z U 0 ti O O O O O p O O O O O O ~O O O O O iw F+�I w A �i iw .�..� •iii ��yy y V ~ i i M N � / � w i w a i 0 � z i z w i iO W 'O U N 'O O / U i i MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: November 1, 2013 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 ORDINANCE NO. 24 -13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider an amendment to Chapter 33, "Police and Fire- Rescue Departments ", Section 33.65, "Administration ", to clarify the membership of the board. BACKGROUND At the first reading on October 15, 2013, the Commission passed Ordinance No. 24 -13. RECOMMENDATION Recommend approval of Ordinance No. 24 -13 on second and final reading. 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 upe the M.,.,,,4 desigHafien, 014e Assi4ai4 City Manage (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, 1 (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. ATTEST: City Clerk First Reading Second Reading Mayor 2 Ord No. 24 -13 Coversheet 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 Page 1 of 1 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. http:// itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 7265 &MeetingID =464 11/1/2013 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: November 1, 2013 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 ORDINANCE NO. 27-13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider an amendment to 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 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. BACKGROUND At the first reading on October 15, 2013, the Commission passed Ordinance No. 27 -13. RECOMMENDATION Recommend approval of Ordinance No. 27 -13 on second and final reading. 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 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pybum, Assistant City Attorney DATE: October 9, 2013 Page 1 of 1 SUBJECT: AGENDA ITEM 11.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. http:// itwebapp/ Agendalntranet /Bluesheet.aspx ?Item1D= 7273 &MeetingID =464 1 1/1/2013 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: October 28, 2013 SUBJECT: AGENDA ITEM 10.B1 - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 APPROVAL OF AMENDMENT /SPECIAL EVENT POLICES AND PROCEDURES ITEM BEFORE COMMISSION The item before Commission is to approve proposed amendments to the Special Event Policies and Procedures. BACKGROUND Attached is a copy of the Special Event Policies and Procedures with amended language crossed out and underscored. The primary reason for the amendments to the Special Event Policies and Procedures are to reflect changes approved in Ordinance No. 27 -13 which clarifies the process for approving waivers for Special Events. The amendments allow the City Manager to approve waivers to the Land Development Regulations as well as approve Special Event permits, with the exception of new major events (in which City are costs over $12,000). In addition, it allows the fees for a City of Delray Beach public school event to be waived up to $1,500 (minor event) per direction at the Commission meetings held on October 1, 2013 and October 8, 2013. These amendments will reduce costs and administrative processing for staff and event producers. RECOMMENDATION Staff recommends approval of the proposed amendments to the Special Event Policies and Procedures. CITY OF DELRAY BEACH SPECIAL EVENTS POLICIES & PROCEDURES Definitions A) Special Event -- A special event is a non - routine happening or social activity bringing people together in a defined area on City facilities, right of way, or private property Which requires City services to ensure safety and coordination. Special events include activities such as festivals, concerts, sporting events, parades, walks and runs, etc. This definition does not apply to events held at the Tennis Center, which require a separate contract B) Producer — An organization that is responsible for all aspects of an event or performance (advertising, marketing, talent costs, insurance, hold harmless agreement, etc.) and is responsible for all revenue and expenses for that event. C) S onsor —A business, organization, agency or individual who gives cash or in- kind product or service to support a producer of an event or production by agreement, for the benefit of that agency, business, organization or person. 1I. Types of Events A) Major Event —An event of one or more day duration with a cost of over $12,000 for City services, staff overtime and equipment use. B) Intermediate Event —An event of one or more day duration with a cost of between $1,500 and $12,000 for City services, staff overtime, and equipment use. C) Minor Event — An event of one day or less duration, with a cost of under $1,500 for City services, staff overtime, and use of equipment. 11L General Policies A) Event producers are required to obtain all City, State, County and Health Department permits, licenses and /or inspections as may be needed. B) Event producers are responsible for submitting in writing permission as may be required from other governmental agencies, private property owners, and designated managers of City property including Old School Square for use of their sites for an event i t \fleet%voodSMmv iloads \temp \Special Event Pohcics ind Procedure RRVISED F`uial 10.1.12doe C) Event producers are responsible for overall event planning and management, promotion, marketing, advertising, entertainment, and vendor selection. The event producer is responsible for actions of their vendors. City assistance may be provided in promoting the event on its web site and other printed publications. D) Only three (3) major events will be allowed per month, including a major event held at the Tennis Center. E) A major and intermediate event will not be allowed on the same day. F) No more than two (2) intermediate events will be allowed within the same week. G) Only four (4) intermediate events will be allowed in a month where there is a major event and only five (5) will be allowed in a month without a major event. H) Multiday and /or single day events will only be allowed three (3) weekends (Saturday and Sunday) in any given month, excluding minor events I) City staff will assist in obtaining parking lot use agreements from the County and CRA as may be needed. J) Event producers or their contractors are required to submit required certificates of insurance, to include liquor liability when applicable, hold harmless agreements, and any required cash bonds or deposits to the City at least t<vo (2) weeks before the event. New events will be required to make nonrefundable deposit in an amount as may be determined by City Commission at least three (3) weeks prior to the event. K) All events except for minor events and 5K runs are required to attach to the event application a copy of the Arts and Economic Impact Calculator showing economic impact as obtained on line at ww,.v.AmericansForTheArts.M 1) Minor events and neighborhood block parties will be approved or disapproved at the staff level; all other events will be approved by the City Commission. IV. Special Event Permit Submittal Requirements A) Submittal Time — 1. Major Event — Initial requests including permit application and all back up rm material, must be submitted to the City Manager or his designee at least 120 days prior to the event, but not more than 12 months in advance. 2. Intermediate Event — Initial requests including permit application and all back up material must be submitted to the City Manager or his designee at least 90 days before the event, but not more than 12 months in advance. Page 2 of 8 3 Minor Event — Initial requests including permit application and all back up material must be submitted to the City Manager or his designee at least 45 days prior to the event, but not more than 12 months in advance. B) Submittal Requirements 1. All Events a. City of Delray Beach Special Event Permit b. Event budget to include revenues and expenses and previous year's actuals if not a new event c. Site Plan d. Economic Calculator if not a 5/10K Run or minor event e. Certificate of Event Liability Insurance naming the City as a certificate holder and additional insured f. Hold Harmless Agreement 2. The following additional items may be required based on the size and nature of the event: a. Parking plan b. Traffic plan c. Private security plan d. Alcohol control plan e. Police security plan f. Pyrotechnic permit submittals shall be submitted to the Fire - Rescue Department at least 30 days prior to the scheduled display. g. Alcohol Liability Insurance h. Maintenance /cleanupp lan i. Entertainment schedule j. Load in and take down schedule k. Public Health Department Inspection WM .. If the applicant seeks a waiver of any City ordinance or land development regulation, that request must be made in conjunction with the special event application. C) Event staffing 1. Police — police or other trained non -sworn petsonnel may be required a. At the discretion of the Chief of Police or his /her designee based upon projected attendance numbers, type of cvent, traffic /pedestrian concerns, geographic location and site layout. Page 3 of 8 b. Mandatory police personnel are required for events where alcohol is served or sold by the event producer, event vendor, or other businesses within the event foot print. Event producers may through agreement with the Police Department, substitute or add whenever possible private security for certified police officers, 2. Fire — mandatory staffing may be required as determined by the Fire Chief or his /her designee in consultation with the City Manager or his designee normally when the total estimated crowd at anyone time in the venue area exceeds 2,500 people. However, staffing requirements must take into account venue risks, type of activity, and other safety considerations in addition to the size of the event. If the Police /Fire Department determines that there is no undue risk to public safety, then Police /Fire staffing of the event is not necessary. 3. Parks Maintenance —Parks Maintenance staffwill provide assistance when Requested for event site cleanup and trash collection and disposal. Event producers may substitute this function with volunteers and /or private contractor with City approval. Parks Maintenance staff will also set up and take down City stages when requested. 4. Public Works — Public Works staff working with the event producer will prepare and submit required MOT permits for street closures, under the direction of a certified MUTCD, will install barricades, message boards and arrow boards, as needed, will prepare event signage when requested and approved, will set up portable light towers and generators and will provide a City electrician when needed. V. Event Payment for City Services A) City Produced or Co- Produced Events; Public School Produced Events — There are no chatges levied for any City services or rentals for City produced or co- produced events or for those minor events that are Produced by a public school located in dm-"t B) Old School Square Inc. and Deh-ay Beach Markcting Cooperative — Events produced by Old School Square Inc or the Delray Beach Marketing Cooperative are required to pay 50% of City staff overtime costs plus 100 ° /a of other costs as indicated in paragraph C. C) All other Events - All other event producers, whether a nonprofit or for a profit private producer, will be required to pay 100% of all City staff overtime costs. The event producer is also required to pay 100°fo of land and /or equipment rental, signage, stage rentals, trash boxes and liners, and vehicle towing costs. Equipment rentals include but are not limited to barricades, message boards, arrow boards, tables, chairs, tents, light towers, portalets and portable generators. Page 4 of 8 In addition, event producers will be required to pay for any site damage caused by their event, pressure cleaning, and any other site cleanup necessary, plus any fines that may be levied. Payment to the City is due within sixty (60) days of receipt of the City invoice. Failure to pay within this time frame could be grounds for denial of future events. D) New Events — New events will be required to pay a deposit in an amount and time, prior to the event, as may be specified by City Commission. E) Administrative — All event producers are required to pay a 5% administrative fee of the total of City staff overtime costs. F) Events that include food preparation and service vendors shall at the discretion of the City: 1. Provide a container of adequate capacity designed for grease and oil collection containers, the contents of wl-ich shall be legally disposed of by a certified hauler. 2. Provide a dumpster of sufficient size and type for garbage and trash collection, contents of which shall be disposed of by a certified hauler. The above are the sole responsibility of the event producer. G) Permit Fees - Event processing permit fees will be charged as follows and are non- refiindable: 1. Minor event $ 75.00 2. Intermediate Event $150.00 3. Major Event $250.00 4. Permit fee due at time of application submittal. Above payment structure does not include charges that may be contracted for use of Old School Square, Tennis Center or City Park. Charges specified in contracts for these sites may be different from and /or in addition to the above schedule. V1. Parking A) Reserved Parking: Event producers may request use of City owned surface lots for reserved parking. Requests need to be in writing and /or on the site plan included in the event permit package. B� Paid Parkin: The City, at its discretion will determine, based on event impact, whether or not it (City) will charge for parking in City owned parking garages, City owned surface lots and in the County barking Garage. Revenue from said parking will be retained by the City to offset operating costs of parking lots. Page 5 of 8 Community Redevelopment Agency Parldng Lots: Requests to use parking lots owned by the Deh-aj Beach Community Redevelopment Agency for reserved parking or paid parking arc to be made in writing to Delray Beach Community Redevelopment Agency, 20 North Swinton Avenue, Delray Beach, FL 33444. Palm Beach County /South County Court House Garage: By agreement with Palm Beach County, the City of Delray Beach, the Delray Beach Public Library or the Delray Beach Community Redevelopment Agency may request use of the South County Court House Parking Garage for paid or free parking. The County requires both the approval of the City and Library for its use. The County requires that this lot be manned by a professional parking management company that is bonded or by the City if manned by a certified Police Officer. Any requests to utilize this garage must be made to the City and the Library. Palm Beach County does not allow the use of this garage during normal courthouse operating hours and requires reservation of spaces after hours and weekends if their employees are working in the Courthouse. Delray Beach Public Library Surface Lot: Requests for use of this lot need to made directly to the Delray Beach Public Library, 100 West Atlantic Avenue, Delray Beach, FL 33445, with a copy to the City. VII. Neighborhood Bloeic Parties - Permit applications for neighborhood block parties will be reviewed by the City yianager or his designee. Consideration of approval will be based upon the following policies: A) Permit applications must be received in writing by the City Manager's Office at least 30 days prior to the event. B) Permit applications must be submitted by the Homeowners Association or where there is no Homeowners Association by other individuals with a petition signed by 51% of the homeowners who live on the block. C) Approvals will only be given for a one (1) block area. D) Consumption or sale of alcohol on City rights -of -way will not be permitted. E) Structures other than barricades are not allowed in the City rights -of -way. F) Homeowners Association will be required to pay all overtime costs that may be incurred. G) Impacts due to other events will be considered in approval process. H) Applications will not be approved for any activity past 10 p.m. Page 6 of 8 lj Approvals will not be given for individual homeowner sponsored parties or events. VIII, Grounds for Deriial of Permit - Permit applications shall be reviewed by the City Manager or his /her designee within thirty (30) days of submission of the permit application. Permits may be denied for any of the following reasons: A) The application for permit Cincluding any required attachments and submissions) is not fully completed and executed; B) The applicant has not complied with Event Policies and Procedures; C) Submittal of permit application less than the minimum submittal day requirements per section IV (A); D) The applicant has not tendered the required application fee with the application or has not tendered the required user fee, indemnification agreement, insurance certificate, or security deposit within the times prescribed by the Assistant -City Manager or his /her designee; E) The applicant has not tendered the required fee, or a portion thereof, for prior Year's events; F) The application for permit contains a material falsehood or misrepresentation; G) The applicant is legally incompetent to contract or to sue and be sued; H) The applicant or person on whose behalf the application for permit was made has on prior occasions damaged municipal property within the City of Delray Beach and has not paid in full for such damage, or has other outstanding and unpaid debts to the City of Delray Beach; 1) A fully executed prior application for permit for the same time and place has been received, and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular municipal property or part hereof; )) The use or activity intended by the applicant would conflict with previously planned programs organized and conducted by the City of Delray Beach and previously scheduled for the same time and place; K) The proposed use or activity intended by the applicant would present an unreasonable danger to the health or safety of the applicant, or other users of the park, of City Employees or of the public; Page 7of8 L) The applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulations of the City concerning the sale or offering of any goods or services; M) The use or activity intended by the applicant is prohibited by law, by the City's Code of Ordinances or by these regulations. N) The applicant's staffing /parking needs cannot be met by the City. IX Approval and Waivers - The City Manager, or his/her designee, shall be allowed to approve all special events, provided that they meet the requirements of this policy. In the case of a new special event, the City Manager, or his /her designee, shall only be allowed to approve Minor and Intermediate special events. The CijY Commission shall approve all new major special events. The City Manager, or his /her designee may approve waivers associated with the special event, provided the waiver does not extend beyond the time period for the special event. X. Appeal Process Special Event Permit or waiver denials may be appealed in writing to the City Commission within fifteen (15) days of the denial. The City Commission must render a written decision within ten (10) days after the City Commission meeting at which the appeal Nvas considered. If the City Commission upholds the permit denial for an event, regardless of classification, then the applicant may appeal the City Commission's decision to the Circuit Court of Palm Beach County within thirty (30) days. Page 8 of 8 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, LEED GA, Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: October 29, 2013 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 ORDINANCE NO. 28-13 ITEM BEFORE COMMISSION Consideration of a City initiated rezoning for Pelican Pointe Condominium. The proposed request includes changing the zoning district map from RM (Medium Density Residential) District in part and GC (General Commercial) in part to RM (Medium Density Residential) District. The subject property is located east of South Federal Highway, between Tropic Isle Drive and Bosun Way. BACKGROUND Pelican Pointe Condominium was approved as a part of the overall Pelican Harbor Development by the City Commission on December 13, 1983. Subsequently, the development was constructed between 1985 and 1987. Pelican Pointe Condominium contains fifty -six (56) condominium units within eleven buildings. Prior to 1990, the City's Zoning Map indicates that the entire parcel was zoned RM -10 (Multiple Family Residential, 10 units per acre). With the City -wide rezoning in October 1990, the northwest corner of the subject property was incorrectly zoned GC (General Commercial). This zoning designation was established in error as the site was a part of an existing residential condominium. On September 8, 1992, the City Commission adopted Comprehensive Plan Amendment 92 -1 (Ordinance 28 -92), which included changing the Future Land Use Map designation from GC (General Commercial) to MD (Medium Density Residential) for the referenced northwest corner of the Pelican Pointe Condominium. A concurrent change to the Zoning Map from GC to RM was never undertaken. The mapping error was identified during the creation of the South Federal Highway Redevelopment Plan that was adopted by the City Commission on September 20, 2012. The Plan recommended that a corrective rezoning from GC (General Commercial) to RM (Medium Density Residential) be processed for this parcel. Since the zoning boundaries of the existing General Commercial zoned area is not defined by a specific legal description and boundary lines bisect several residential buildings, the entire site is referenced for rezoning. REVIEW BY OTHERS At its meeting of October 21, 2013, the Planning and Zoning Board held a public hearing and recommended approval on a 7 to 0 vote of the rezoning from RM (Medium Density Residential) District in part and GC (General Commercial) District in part to RM (Medium Density Residential) District. RECOMMENDATION Approve on first reading Ordinance No. 28 -13, the City initiated rezoning from RM (Medium Density Residential) District in part and GC (General Commercial) District in part to RM (Medium Density Residential) District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and the South Federal Highway Redevelopment Plan and meets the criteria set forth in LDR Sections 2.4.5(D)(5), 3. 1.1 and 3.2.2 of the Land Development Regulations. Attachments: • Location Map • Ordinance No. 28 -13 • Planning & Zoning Board Staff Report of October 21, 2013 ORDINANCE NO. 28 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN PART AND GC (GENERAL COMMERCIAL) IN PART TO RM (MEDIUM DENSITY RESIDENTIAL); SAID LAND BEING A PARCEL LOCATED EAST OF SOUTH FEDERAL HIGHWAY, BETWEEN TROPIC ISLE DRIVE AND BOSUN WAY AND KNOWN AS PELICAN POINTE CONDOMINIUM, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012 "; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated January 2012, as being zoned RM (Medium Density Residential) District in part and GC (General Commercial) in part, and WHEREAS, at its meeting of October 21, 2013, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, .considered this item at a public hearing and voted 7 to 0, to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 1633174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of RM (Medium Density Residential) District for the following described property: Tract "A" Pelican Harbor, Phase Four, according to the Plat thereof recorded in Plat Book 48, Pages 179,180, 181 and 182, of the Public Records of Palm Beach County, Florida (aka Pelican Pointe Condominium). Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section S. 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 6. 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 52013. ATTEST City Clerk First Reading Second Reading MAYOR 2 ORD NO. 28 -13 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH -- -STAFF REPORT - -- MEETING DATE: October 21, 2013 AGENDA ITEM: VI.A ITEM: City initiated corrective rezoning from RM (Medium Density Residential) in part and GC (General Commercial) in part for Pelican Pointe Condominium, located east of South Federal Highway, between Tropic Isle Drive and Bosun Way (Quasi - Judicial Hearing). GENERAL DATA: Owner/ Applicant ......................... Pelican Pointe Condominium Property Owners Location ....... ............................... Property Size .............................. Future Land Use Map ................ Current Zoning ............................ Adjacent Zoning ................North: East: South: West: Existing Land Use ...................... Proposed Land Use .................... Water Service ............................. Sewer Service ............................. Located east of South Federal Highway, between Tropic Isle Drive and Bosun Way 4.3 Acres MD (Medium Density Residential 5 12 d u /ac) RM (Medium Density Residential) in Part and GC (General Commercial) in part GC (General Commercial); PC (Planned Commercial); and RM (Medium Density Residential) PRD (Planned Residential Development) PRD (Planned Residential Development) GC (General Commercial) Residential Condominium Residential Condominium Existing on site. Existing on site. x 6�k G I E UN41r AV&G1E :.T... -. - "I ,g 1 E, I' -j 11 r��il A�L -; M ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on a City initiated rezoning from RM (Medium Density Residential) in part and GC (General Commercial) in part to RM (Medium Density Residential) for the Pelican Pointe Condominium. The subject property is located east of South Federal Highway, between Tropic Isle Drive and Bosun Way. BACKGROUND 1 PROJECT DESCRIPTION The proposal incorporates the following: Tract "A" Pelican Harbor, Phase Four, according to the Plat thereof recorded in Plat Book 48, page 179 thru 182, Public Records of Palm Beach County. The subject site contains 4.3 acres. Pelican Pointe Condominium was approved as a part of the overall Pelican Harbor Development by the City Commission on December 13, 1983. Subsequently, the development was constructed between 1985 and 1987. Pelican Pointe condominium contains fifty -six (56) condominium units within eleven buildings. Prior to 1990, the City's Zoning Map indicates that the entire parcel was zoned RM -10 (Multiple Family Residential, 10 units per acre). With the City -wide rezoning in October 1990, the northwest corner of the subject property was incorrectly zoned GC (General Commercial). This zoning designation was established in error as the site was a part of an existing residential condominium. On September 8, 1992, the City Commission adopted Comprehensive Plan Amendment 92 -1 (Ordinance 28 -92), which included changing the Future Land Use Map designation from GC (General Commercial) to MD (Medium Density Residential) for the referenced northwest corner of the Pelican Pointe Condominium. A concurrent change to the Zoning Map from GC to RM was never undertaken. The mapping error was identified during the creation of the South Federal Highway Redevelopment Plan that was adopted by the City Commission on September 20, 2012. The recommendation in that Plan included that a corrective rezoning be processed from GC (General Commercial) to RM (Medium Density Residential) for this parcel. Since the zoning boundaries of the existing General Commercial zoned area is not defined by a specific legal description and boundary lines bisects several residential buildings the entire site is referenced for rezoning. This corrective rezoning is now before the Board for action. ANALYSIS REQUIRED FINDINGS: LAND DEVELOPMENT REGULATIONS CHAPTER 3 — PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has P &Z Board Staff Report Rezoning from RM in part and GC in part to RM for Pelican Pointe Condominium Page 2 the authority to approve or deny the development application. These findings relate to the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. ❑ Future Land Use Map., The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map (FLUM) designation of MD (Medium Density Residential 5 -12 du/ac). The RM zoning covers the majority of the subject property and is consistent with the MD (Medium Density Residential 5 -12 du/ac) FLUM designation. However, the existing GC zoning designation on the northwest corner of the property is inconsistent with the underlying MD FLUM designation. Pursuant to LDR Section 4.4.6 the RM (Medium Density Residential) zoning district provides a residential zoning district with flexible densities having a base of six (6) units per acre and a maximum of twelve (12) units per acre except within the Southwest Neighborhood Overlay District and the Carver Estates Overlay District where the maximum density is twenty -four (24) units per acre, and within the Infill Workforce Housing Area, where the maximum density is eighteen (18) units per acre. Pursuant to LDR Section 4.4.6 (B)(3) multiple family structures are principal (permitted) uses. The rezoning will achieve consistency for the entire property with the existing FLUM designation. Thus, based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. ❑ Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Concurrency as defined pursuant to Objective B -2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs (including public schools), of the requested land use andfor development application, will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision of needed capital improvements to maintain the Levels of Service Standards established in Table CI -GOP -1 of the adopted Comprehensive Plan of the City of Delray Beach. The proposed rezoning is corrective and will not impact the existing level of services as there will be no changes in development potential. However, a general description of Concurrency findings with respect to Solid Waste, Traffic, Water and Sewer, Parks and Recreation and School Concurrency are discussed below: Wafer and Sewer. The existing development is connected to the City's municipal water and sewer system, via 6" water mains, and 8" sewer mains. Fire protection is provided by two fire hydrants located along Bosun Way and one hydrant interior to the site. The City's Utilities Department has indicated that adequate capacity exists for the continued service the subject property. Streets: No additional traffic will result from the proposed rezoning. The current access driveways located on Admiral's Port and on Bosun Way that serves the site will not be P &Z Board Staff Report Rezoning from RM in part and GC in part to RM for Pelican Pointe Condominium Page 3 changed or impacted by the proposed rezoning. Thus, based upon the above, a positive finding with respect to traffic concurrency can be made. Parks and Open Space: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build -out to meet the adopted standards." The LOS standard for open space and recreation in the city is 3 acres per 1,000 residents. The amount of land currently provided in activity based recreation facilities, the municipal beaches, and the two public golf courses, establishes a level of service of 6.2 acres per 1,000 residents (2007), far exceeding the general guideline. Since there is no increase in the residential development potential on this site with the proposed rezoning, this level of service standard is not affected. Education (School Concurrency): Since there is no net increase in the residential development potential on this site with the proposed rezoning, this level of service standard is not affected. Solid Waste: As there is no change in actual use of the property, there is no impact on solid waste disposal. In its annual capacity letter, dated January 7, 2013, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J -5- 005(4)." Based on population projections, waste generation rate projections, waste reduction, and recycling, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2046. Based on the above analysis, positive findings can be made at this time with regard to concurrency for all services and facilities. ❑ Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan policy is noted: Policy C -1.12 The following pertains to the South Federal Highway area, south of Linton Boulevard. In FY 2010111, the City's Planning & Zoning Department shall review existing land uses in this area and shall create a redevelopment plan, overlay district or other development tool to promote and guide future redevelopment of the area. The South Federal Highway Redevelopment Plan was adopted by the City Commission on September 20, 2012. With respect to the subject property, the Plan states: "Pelican Pointe Condo on Tropic Isle Drive — Rezone a portion of a parcel from GC (General Commercial) to RM (Multiple Family Residential) — approximately 0.5 acres. The existing zoning does not properly reflect the use of the property. The existing GC zoning P &Z Board Staff Report Rezoning from RM in part and GC in part to RM for Pelican Pointe Condominium Page 4 extends eastward from the Casual Patio Store to include this property. The zoning line incorrectly splits a parcel which contains a residential condominium. The remaining area of the condominium is correctly zoned Multiple Family Residential. While this designation has existed on the zoning map since 1991, it is unclear why the property was so designated. Since the Future Land Use Map correctly depicts the property as MD (Medium Density Residential), it is assumed that this was simply an error. Since the existing zoning is not consistent with the FLUM designation, this corrective rezoning is necessary to address this issue and bring the property's zoning into compliance with its FLUM designation." Figure 3.13 — Aerial of Area 4 Rezoning - Pelican Pointe As indicated above the Plan recommended that a corrective rezoning be processed for that portion of the site currently zoned GC to RM. ❑ Compliance with LDRs: Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. As indicated previously, no development proposal is associated with the requested change. Site plan records indicate a total of 107 parking spaces within the Pelican Pointe site. However under current parking requirements a total of 132 parking spaces would be required and the deficient parking is acknowledged as an existing nonconforming condition. Type of Unit Total No. of Units Spaces per Unit a 2 bedrooms 56 2 112 Guest parkin r For the first 20 units 20 0.5 10 For units 21 -50 30 0.3 9 For units 51 and above 6 0.2 1� Totals 132 As indicated above the Plan recommended that a corrective rezoning be processed for that portion of the site currently zoned GC to RM. ❑ Compliance with LDRs: Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. As indicated previously, no development proposal is associated with the requested change. Site plan records indicate a total of 107 parking spaces within the Pelican Pointe site. However under current parking requirements a total of 132 parking spaces would be required and the deficient parking is acknowledged as an existing nonconforming condition. Type of Unit Total No. of Units Spaces per Unit Parking Spaces Required 2 bedrooms 56 2 112 Guest parkin For the first 20 units 20 0.5 10 For units 21 -50 30 0.3 9 For units 51 and above 6 0.2 1.2 Totals 132 P &Z Board Staff Report Rezoning from RM in part and GC in part to RM for Pelican Pointe Condominium Page 5 ❑ Compatibility: The requested designation will be compatible with the existing and future land uses of the surrounding area. Compatibility is discussed below under the Standards for Rezoning. REZONING ANALYSIS Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.2 (Standards for Rezoning Actions): Standards "A ", "B ", "C" and "E" are not applicable with respect to this rezoning request. Standard "D" requires that the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed, or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following identifies the surrounding land uses: The following zoning designations and uses border the property: The subject property is bordered on the north by Delray Dental professional office, Pelican Harbor Shoppes and the Boca Isle Condominium; on the east by recreation facilities within the Pelican Harbor Subdivision; on the south by single family residences within the Pelican Harbor Subdivision; and, on the west by the Jerry's Casual Patio store. Based upon the above, this request makes the entire subdivision consistent with the existing residential use, the existing MD (Medium Density Residential) FLUM designation, and corrects the incompatible zoning designation on a portion of the subject property. Thus, the proposed development can be found to be in compliance with LDR Section 3.2.2 (D). Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(13)(5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; Zoning Designation: Use: North: GC (General Commercial), PC (Planned Commercial ) and RM Medium Density Residential Dental Office, Retail Stores and Multiple Family Residences South: PRD (Planned Residential Development) Pelican Harbor PRD (Single Family Residences) East: PRD (Planned Residential Development) Recreation Facilities within the Pelican Harbor Subdivision West. GC (General Commercial) Retail Store (Jerry's Casual Patio) The subject property is bordered on the north by Delray Dental professional office, Pelican Harbor Shoppes and the Boca Isle Condominium; on the east by recreation facilities within the Pelican Harbor Subdivision; on the south by single family residences within the Pelican Harbor Subdivision; and, on the west by the Jerry's Casual Patio store. Based upon the above, this request makes the entire subdivision consistent with the existing residential use, the existing MD (Medium Density Residential) FLUM designation, and corrects the incompatible zoning designation on a portion of the subject property. Thus, the proposed development can be found to be in compliance with LDR Section 3.2.2 (D). Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(13)(5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; P &Z Board Staff Report Rezoning from RM in part and GC in part to RM for Pelican Pointe Condominium Page 6 (b) That there has been a change in circumstances which make the current zoning inappropriate; or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. Item (a) above applies. As identified earlier in the report, the GC zoning was originally established in error during the 1990 Citywide rezoning. As the area designated GC was already developed as a part of an established Condominium development, the designation of that portion of the subject parcel is attributed to a mapping error in identifying the limits of the abutting commercial uses to the west. Based upon these positive findings, the proposed development is in compliance with LDR Section 2.4.5(D)(5). REVIEW BY OTHERS Pr►hlin Alntir:P Formal public notice has been provided to the property owners within the Pelican Pointe Condominium as well as to property owners within a 500' radius of the subject property. Letters of objection and/or support, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: A special courtesy notice was provided to the following homeowners associations: • Delray Citizens Coalition • Pelican Harbour HOA • Tropic Isle HOA Tropic Harbor Condominium Tropic Bay Condominium City of Boca Raton ASSESSMENT AND CONCLUSION The proposed rezoning corrects a mapping error, eliminates the discrepancy of two zoning districts bisecting individual buildings within an established residential Condominium development and eliminates the inconsistency between the zoning designation (i.e. General Commercial) and Future Land Use Map designation (i.e. Medium Density Residential 5- 12du /ac). Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, this rezoning can be recommended for approval based on the findings outlined in this report. ALTERNATIVE ACTIONS A. Continue with direction. P &Z Board Staff Report Rezoning from RM in part and GC in part to RM for Pelican Pointe Condominium Page 7 B. Move a recommendation of approval to the City Commission for the City initiated request for rezoning from RM (Medium Density Residential) in part and GC (General Commercial) in part to RM (Medium Density Residential) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and the South Federal Highway Redevelopment Plan, and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the City initiated request for rezoning from RM (Medium Density Residential) in part and GC (General Commercial) in part to RM (Medium Density Residential) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and South Federal Highway Redevelopment Plan, and does not meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission for the City initiated request for rezoning from RM (Medium Density Residential) in part and GC (General Commercial) in part to RM (Medium Density Residential) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and the South Federal Highway Redevelopment Plan, and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: ❑ Existing Zoning Map ❑ Proposed Zoning Map ❑ Letter from the City of Boca Raton G C FERN RLA -MAT AVENUE - AC A -MAT AVENUE z 7 0 - m x UAHUENIA - a AVENUE H r -- C7 -- — m HYACINTH PCw° � a ' = �1- IRIS N. LA77TUDE Li �— CF? JASMINE DRIVE �- U 3 )DE C1Rl ' a ° z z _ d a LINDELL BLVD. VENUE L 2 0 C� x � I U W W _X TROPIC ISLE DR. PC IL 0 DR. n N POINT ¢ Ll 0 z _ � 9� C1R. CdMMODO CAPrAIN'S WALK -- 061TAL BASE MAP SYSTEM -- MAP REF. S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001- 1500\1— M`1428 Pointe Existing Zoning s N 1'1 SUBJECT PELICAN P�iNTE YROYr:R�'Y PLANNING AND ZONING DEPARTMENT D EXISTING ZONING MAP G C FERN RLA —MAT AVENUE — AC A —k}qT AVENUE z _ O> GAKILTENIA m Y Ld o AVENUE H cy _ o HYACINTH LL PC Lo LL AC - � U I IRIS PC ~ ~- 8i N, LATfTUpE L JASMINE DRIVE o of 3 S. � . LR7I7U E OR ¢ ¢ In � w Li ° z z Q N LlNDELL BLVD. VENUE L S c� x m U O w X ROPIC ISLE pR_ PC 0 0 EL ABC DR. n POINT ¢ °a BOSUN WAY u a ,a j U x � S 9� C11? O COMMOp0 CApTAJN'S WALK -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \Flle — Cab \Z —LM 7001- 1500 \LM'428_Pelicon Poirie Proposed Zoning a N IV SUBJECT PROPERTY P�INTE PLANNING AND ZONING D DEPARTMENT PROPOSED ZONING MAP Md / V506 A / / A r DEVELOPMENT SERVICES DEPT. • 201 WEST PALMETTO PARK ROAD • BOCA RATON, FLORIDA 33432 -3795 PH: (561) 393 -7781 • FAX (561) 393 -7784 October 17, 2093 Ms. Jasmin Allen City of Delray Beach Planning and Zoning Department 100 NW 1st Avenue Delray Beach, FL 33444 RE: City - initiated Corrective Rezoning for Pelican Pointe Condominium Dear Ms. Allen: We are in receipt of the City of Delray Beach's notice of public hearing for the above referenced application. The City proposes to rezone 0.5 acres of Pelican Pointe, an existing multifamily residential development, from General Commercial (GC) to Medium Density Residential (RM). Given that this City - initiated rezoning is to correct a zoning rnap error and will not change the existing use of the site, the City of Boca Raton has no objection to the request. If you should have any questions or require further assistance, please feel free to contact this office. Sincerely, V J hn R. Hlxenb.D., AIGP Development Services Director PC: Ingrid Allen, Senior Planner - AN EQUAL OPPORTUNITY EMPLOYER - i G C FERN RLA -MAT AVENUE A -MAT AVENUE zw 0 >A _ m Y UARULNIA U DAVENUE H 'x0 o J c� in J HYACINTH PC W _ W J W Q A � IRIS PC Llf N. LATITUDE Cl j (if JASMINE DRIVE w Q � � S. LATITUDE a CIR w p w z r Q m O � � V1 LINDELL BLVD. VENUE L 2 to 6 = in v Q W _X TROPIC ISLE DR. PC F- 0 'l/V POINTE DR. a CL w B a � A Z U R. �9 O COMMODO CAPTAIN'S WALK -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1428 — Pelican Pointe Existing Zoning _ � N PLANNING AND ZONING SUBJECT PROPERTY D PELICAN POINTE DEPARTMENT EXISTING ZONING MAP - 44a Y - ra � r 1 t k - r mom ,VL 0 Q •e I fJJ fed a X a1 i a ■I is A"-P, PELICAN POINTE N SU��� PLANNING AND ZONING DEPARTMENT AERIAL ZONING MAP — Ggrlllf. AKW YAP SYS" — MAP F01 g\Plannhg 6 lonin0\D96\Fi w- OA\Z —LM 1001- 15D0uN142LPdk= MWW 2ming Arfal W 12TTI -21 F, ti ) , AIL Y N.0 A I,, ULL4..j ji j• ti Id Lill NJ 46 �f L , M 6, - 11 �I. L5i . 316 j1p rk % b- A I,, ULL4..j ji j• ti Id Lill NJ 46 �f L , M 6, - 11 �I. L5i . 316 j1p rk G C FERN RLA -MAT AVENUE A -MAT AVENUE zw 0 >A _ m Y UARULNIA U DAVENUE H 'x0 o J c� in J HYACINTH PC W _ W J W Q A � IRIS PC Llf N. LATITUDE Cl j (if JASMINE DRIVE w Q � � S. LATITUDE a CIR w p w z r Q m O � � V1 LINDELL BLVD. VENUE L 2 to 6 = in v Q W X ROPIC ISLE DR. PC CL F 0 Pei /Cq DR. ) / POINTE a w QOSWN WA a o: � A Z U R. �9 C //�. C) COMMODO CAPTAIN'S WALK -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1428 — Pelican Pointe Proposed Zoning _ � N PLANNING AND ZONING SUBJECT PROPERTY D PELICAN POINTE DEPARTMENT PROPOSED ZONING MAP MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: November 1, 2013 SUBJECT: AGENDA ITEM 11.B. -REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 ORDINANCE NO. 29-13 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 29 -13 which repeals Chapter 36 of the Code of Ordinances and enacts a new Chapter 36. BACKGROUND City staff has been working on revising the City's purchasing procedures. The current ordinance and policy is very antiquated and cumbersome to follow. The proposed draft ordinance is primarily based on the City of Weston ordinance, which was recently adopted. Jamie Cole of the Weiss Scrota law firm, which is the firm that drafted the Weston ordinance, reviewed the draft. The draft ordinance provides as follows: - The City shall seek a sealed bid, rfp, rfq etc. for acquisition amounts $65,000 or greater, unless there is an exception. Exceptions can be professional services, specialty goods and services, sole source or City standard, piggyback on another governmental contract, cooperative acquisitions, utilities, resale of food, beverage or merchandise, or best interest acquisitions. Acquisitions of $2,500 or less may be approved by the Department Head - Acquisitions between $2,500 and $10,000 may be approved by the Department Head, but only after receiving three (3) quotes, which may be verbal. A weekly report will be sent to the City Manager regarding these purchases. - Acquisitions between $10,000 and $65,000 must be approved by the City Manager but only after receiving three (3) written quotes. - Acquisitions from the same vendor exceeding the aggregate sum of $65,000 in any Fiscal Year must be approved by the City Commission. Bid protests will now be heard by a protest committee, with the right to appeal to the City Commission. The City has the right to request a protest bond in the bid or rfp and if the protestor loses the protest then the bond is forfeited. period. The City Manager may extend or suspend a Commission approved contract for up to a 90 day A section has been added to address the disposal of used or junk property. A section has been added to require the City to go out to bid on revenue generating contracts. - The section on debarment or suspension has been changed to clarify the procedure and standards that apply The sections regarding the purchase or sale of real property are essentially the same. Attached is a memo from the Finance Director regarding the purchasing threshold levels of other municipalities. Currently the City's purchasing thresholds are: under $1,000 may be approved by the Department Head and if possible obtain two (2) quotes; between $1,000 and $6,000 may be approved by the Purchasing Manager after obtaining three (3) quotes, which may be verbal; purchases between $6,000 and $15,000 may be approved by the City Manager after three (3) written quotes are obtained. Purchases greater than $15,000 must be approved by the Commission. This Ordinance shall take effect upon passage on second reading, however, it shall not apply to any solicitations that were issued prior to its adoption on second reading. RECOMMENDATION Staff recommends approval of Ordinance No. 29 -13. ORDINANCE NO. 29 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS ", AND ENACTING A NEW CHAPTER 36, "ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF CITY PROPERTY "; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach has determined it is in the best interests of its residents to repeal the current purchasing ordinance and enact a new purchasing ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 36, "Finance; City Property Transactions ", of the Code of Ordinances of the City of Delray Beach is hereby repealed and a new Chapter 36 "Acquisition of Goods and Services and Disposal of City Property" is enacted as follows: CHAPTER 36: ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF CITY PROPERTY Sec. 36.01 APPLICABILITY; DEFINITIONS. (A) Applicability. This Chapter applies to the acquisitions of real and non -real property, goods and services and disposal of real and non -real property by the City after November 19, 2013 as provided for in this Chapter. Any actions taken or contracts entered into contrary to the provisions of this Chapter may, in the City's sole discretion, be declared null and void. (B) Definitions. For the purpose of this Chapter 36, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Change Order. A written modification to a contract or purchase order, which amends one or more of the following: the scope of services, contract cost, contract time or the contract quantity(ies). Emergency. An unplanned or unexpected event that requires immediate action in order to prevent or remedy a service outage; or to prevent or remedy a situation that presents an immediate danger to human life, health or safety or a significant loss or damage to property, and where failure to take immediate action would enhance the risk of loss or prolong the delay in restoring service to Customers. Routine repairs and planned refurbishment do not constitute Emergencies. Fiscal Year. The period of time beginning on October 1 of any year and ending September 30 of the following year. Person. Any natural person or entity including, but not limited to, a corporation, a partnership, a sole proprietorship, an estate, a trust, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity. Sec. 36.02 METHODS OF ACQUISITION. The City shall determine, in its sole discretion, which of the following methods of acquisition to utilize for the acquisition of non -real property, goods and services. (A) Sealed Competitive Method. Acquisitions of or contracts for non -real property, goods or services where the expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $65,000 or greater shall be subject to a Sealed Competitive Method, unless the City utilizes one of the direct acquisition methods, as provided in Sec. 36.02(C). (1) Competitive Bids. Sealed Competitive Bids are utilized where price, responsiveness and responsibility are the sole determining factors. (2) Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest. Requests for Proposals, Requests for Qualifications and Requests for Letters of Interest are utilized where price, responsiveness and responsibility are not the sole determining factors. A Selection Committee, appointed by the City Manager, shall review the submissions received by the City in response to Requests for Proposals, Requests for Qualifications and Requests for Letters of Interest and make a recommendation to the City Commission. The City Manager shall not serve on the Selection Committee. The Selection Committee shall terminate upon the award of the contract, or such other time as determined by the City Commission. (3) Submissions. It shall be the sole responsibility of the bidder, proposer or responder to have the bid, proposal or response delivered before the specified closing date and time. Bids, proposals or responses received after the closing date and time shall not be considered and shall be returned unopened. The time stamp clock in the Finance/Purchasing office shall govern. All bids, proposals and responses submitted pursuant to a Sealed Competitive Method shall remain sealed until they are opened publicly on the date and time and location stated in the Notice to Bidders, Proposers or Responders, or as may be amended by addendum. (4) City's reservation of rights. The City may utilize a Sealed Competitive Method for any acquisition that the City deems appropriate regardless of the estimated cost of the acquisition. Until final award of Contract, the City reserves the right to waive any informality or irregularity and to reject all bids, proposals and responses, with or without cause. (B) Written Quotations Method. Acquisitions of or contracts for non -real property, goods or services where the total expenditure by the City (including expenditures during renewal periods, but not 2 ORD. NO. 29 -13 expenditures relating to Change Orders) is estimated to be $10,000 or greater, but less than $65,000, may be made or entered into by the City Manager without City Commission approval and without a Sealed Competitive Method, provided that three written quotations are obtained from individual sources, except when impracticable. The City may utilize the Written Quotations Method for any acquisition less than $10,000 that the City deems appropriate. The written quotations received by the City shall be retained with a copy of the purchase order and pursuant to public records law. (C) Direct Acquisition Method. (1) Acquisitions of $2,500 or less. Acquisitions of non -real property, goods or services where the total expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $2,500 or less may be made by the Department Head without utilizing a Sealed Competitive Method or the Written Quotations Method, and without City Commission or City Manager approval. (2) Acquisitions greater than $2,500 but less than $10,000. Acquisitions of non -real property, goods or services where the total expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be greater than $2,500 but less than $10,000 may be made by the Department Head without utilizing a Sealed Competitive Method or the Written Quotations Method, and without City Commission approval, provided that three (3) quotations shall be obtained and documented by City staff, except when impracticable. The quotations may be received verbally. The Finance Department shall submit a weekly report to the City Manager that lists all acquisitions of or contracts for non -real property, goods or services of greater than $2,500 but less than $10,000 made by Department Heads during the prior week without utilizing a Sealed Competitive Method or the Written Quotations Method. (3) Professional Services. Except as otherwise provided for in Florida Law, contracts for professional services (which include but is not limited to services provided by attorneys, accountants, actuaries, lobbyists and financial advisors) may be made or entered into by the City Manager without utilizing a Sealed Competitive Method or the Written Quotations Method. Acquisitions of professional services where the expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $65,000 or greater shall be subject to approval by the City Commission. (4) Specialty Goods and Services. Acquisitions of or contracts for specialty goods and services (including but not limited to performing artists, artwork, special events, entertainment, and food and beverage) may be made or entered into by the City Manager without utilizing a Sealed Competitive Method or the Written Quotations Method. Acquisitions of specialty goods and services, where the expenditure by the City is estimated to be $65,000 or greater, shall be subject to approval by the City Commission. 3 ORD. NO. 29 -13 (5) Emergency Acquisitions. The City Manager may acquire or contract for non -real property, goods or services required in contemplation of, preparation for, or during an Emergency without utilizing a Sealed Competitive Method or the Written Quotations Method regardless of the amount. Emergency acquisitions of non -real property, goods or services where the expenditure by the City is estimated to be $65,000 or greater shall be subject to ratification by the City Commission as soon as practicable. (6) Sole Source and City Standard. (a) Sole Source. The City may acquire or contract for non -real property, goods or services that are available to the City from only one source without utilizing the Sealed Competitive Method or Written Quotations Method. Sole Source acquisitions where the expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $65,000 or greater shall be subject to approval by the City Commission. (b) City Standard. Where the City has determined that a particular style, brand, make, or model is the only type that meets the City's requirements for performance, consistency, compatibility or other salient characteristics, and such determination has resulted in there being only one source available to the City, the City may acquire or contract for such goods without utilizing a Sealed Competitive Method or the Written Quotations Method. City Standard acquisitions where the expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $65,000 or greater shall be subject to approval by the City Commission. (7) Utilization of other governmental entities' contracts. (a) The City may acquire or contract for non -real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotations Method where the desired goods or services are the subject of a contract with the State, its political subdivisions or other local governmental entities in the State, with associations in Florida affiliated with state and /or local governmental entities or departments (such as the Florida Sheriffs Association and the Florida Fire Chiefs' Association) or with the United States government, provided that the contract is based strictly on competitive bidding and not on any preference, and provided that the form of the contract is acceptable to the City Attorney. Acquisitions utilizing other governmental entities' contracts where the expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $65,000 or greater shall be subject to approval by the City Commission. (b) Utilization of other government entities' contracts shall only be permitted during the term of the other governmental entity's contract or for one year from the date the other governmental entity awards the bid, whichever is longer. (c) If the City desires to utilize another governmental entity's contract, the City shall require the vendor to certify that the price or rate represents the lowest price or rate for the non -real 4 ORD. NO. 29 -13 property, goods or services of any contract between the vendor and any other governmental entity within the State. (8) Cooperative Acquisitions. The City may acquire or contract for non -real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotations Method where the City participates in joint procurement of non -real property, goods or services with other public entities within the State, including, but not limited to acquisitions made pursuant to interlocal agreements entered into with other governmental entities in accordance with Chapter 163 Florida Statutes. Cooperative acquisitions where the expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $65,000 or greater shall be subject to approval by the City Commission. (9) Utilities. Water, sewer, gas, electrical, and other utility services may be acquired without utilizing a Sealed Competitive Method or the Written Quotations Method and without City Commission approval. (10) Resale. Food, beverages and merchandise purchased for resale, which would include but not be limited to the City's golf courses and tennis center facilities, may be acquired without utilizing a Sealed Competitive Method or the Written Quotations Method and without City Commission approval. (11) Best Interest Acquisitions. The City may acquire or contract for non -real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotations Method where the City Commission declares by at least a four - fifths (4/5) affirmative vote that the Sealed Competitive Method or the Written Quotations Method is not in the best interest of the City. The City Commission shall make specific factual findings that support its determination, and such contracts shall be placed on the regular City Commission agenda. Sec. 36.03 CITY COMMISSION APPROVAL. (A) Acquisitions of $65,000 or greater. Acquisitions of or contracts for non -real property, goods or services where the expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $65,000 or greater shall be subject to prior approval by the City Commission, except for emergency acquisitions, which are subject to subsequent ratification by the City Commission pursuant to Sec. 36.02(C)(5). (B) Multiple acquisitions from vendor exceeding $65,000 in any Fiscal Year. Acquisitions of or contracts for non -real property, goods or services from the same Person exceeding the aggregate sum of $65,000 shall not be permitted from the same Person during the course of any Fiscal Year, unless the acquisition is first approved by the City Commission. This subsection shall not apply to utility acquisitions. Sec. 36.04 PROTEST PROCEDURES. 5 ORD. NO. 29 -13 (A) Standing. Parties that are not actual bidders, proposers or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made pursuant to this Section. (B) Procedure. (1) Protest of Failure to Qualify. Upon notification by the City that a bidder, proposer or responder is deemed non - responsive and /or non - responsible, the bidder, proposer or responder who is deemed non - responsive and /or non - responsible may file a protest with the Purchasing Manager by close of business on the third business day after notification (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. (2) Protest of Award of Agreement. After a Notice of Intent to Award an Agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Purchasing Manager by close of business on the third business day after posting (excluding the day of posting) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. A Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure. (3) Content and filing. The protest shall be in writing, shall identify the name and address of the protester, and shall include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest and the Protest Bond are received by the Purchasing Manager. The time stamp clock located in the Finance/Purchasing office shall govern. (C) Protest Bond. Any bidder, proposer or responder filing a protest shall simultaneously provide a Protest Bond to the City in the amount set forth in the Sealed Competitive Method documents. If the protest is decided in the protester's favor, the entire Protest Bond shall be returned to the protester. If the protest is not decided in the protester's favor, the Protest Bond shall be forfeited to the City. The Protest Bond shall be in the form of a cashier's check, and shall be in the amount specified in the Sealed Competitive Method documents. (D) Protest Committee. The Protest Committee shall review all protests. The City Manager shall appoint the members of the Protest Committee. No member of the City Commission shall serve on the Protest Committee. The City Attorney or designee shall serve as counsel to the Committee. The meeting of the Protest Committee shall be opened to the public and all of the actual bidders, responders or proposers shall be notified of the date, time and place of the meeting. If the Protest Committee determines that the protest has merit, the City Manager shall direct that all appropriate steps be taken. If the Protest Committee denies the protest, the protester may appeal to the City Commission. All of the actual bidders, responders 6 ORD. NO. 29 -13 or proposers shall be notified of the determination by the Protest Committee. The Protest Committee shall terminate upon the award of the contract, or such other time as determined by the City Commission. (E) Stay of award of Agreement or Sealed Competitive Method. In the event of a timely protest, the City Manager shall stay the award of the Agreement or the Sealed Competitive Method unless the City Manager determines that the award of the Agreement without delay or the continuation of the Sealed Competitive Method is necessary to protect any substantial interest of the City. The continuation of the Sealed Competitive Method or award process under these circumstances shall not preempt or otherwise affect the protest. (F) Appeals to City Commission. Any actual bidder, proposer or responder who is aggrieved by a determination of the Protest Committee may appeal the determination to the City Commission by filing an appeal with the City Clerk by close of business on the third Business Day after the protester has been notified (excluding the day of notification) of the determination by the Protest Committee. The appeal shall be in writing and shall include a factual summary of, and the basis for, the appeal. Filing of an appeal shall be considered complete when the appeal is received by the City Clerk. (G) Failure to file protest. Any actual bidder, proposer or responder that does not formally protest or appeal in accordance with this Section shall not have standing to protest the City Commission's award. Sec. 36.05 FORM OF CONTRACT. (A) Written agreements. Written agreements shall be utilized for all acquisitions of non -real property, goods or services where the total expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $65,000 or greater. The City may utilize a written agreement for any acquisition of less than $65,000 that the City deems appropriate. All written agreements must be approved as to form and legality by the City Attorney and executed by the City Attorney. (B) Purchase orders. Where no other form of contract exists, purchase orders, in a form pre - approved by the City Attorney, shall be utilized for acquisitions of non -real property, goods or services where the total expenditure by the City is estimated to be greater than $10,000. The City may utilize a purchase order for any acquisition of $10,000 or less that the City deems appropriate. No change shall be made to the pre- approved purchase order form without express approval of the City Attorney. Sec. 36.06 CHANGE ORDERS. (A) City Commission approved contracts. (1) Beyond the Scope of Work. Any Change Order that materially expands or alters the scope of the work in a City Commission approved contract shall be subject to prior approval by the City Commission. 7 ORD. NO. 29 -13 (2) Within the Scope of Work. The City Manager may approve a Change Order provided that it does not materially expand or alter the scope of the work in a City Commission approved contract. Any such Change Order approved by the City Manager shall be subject to ratification by the City Commission as soon as practicable. (3) Extension of Completion Dates. Any Change Order that extends the original substantial or final completion date of a City Commission approved contract shall be subject to prior approval by the City Commission. (B) City Manager approved contracts. The City Manager is authorized to approve a Change Order to a contract that was not approved by the City Commission, provided that the Change Order does not cause the total acquisition from the vendor to exceed the aggregate sum of $65,000 during the course of any Fiscal Year pursuant to Section 36.03(B). Sec. 36.07 TERMINATION, EXTENSION AND RENEWAL. (A) City Commission approved contracts. (1) Termination. Contracts approved by the City Commission may be terminated only by the City Commission. If the City Manager desires to terminate a City Commission approved contract, the City Manager may suspend the work under the contract until the City Commission makes a final determination. (2) Extensions. The City Manager may extend a City Commission approved contract for up to 90 days. The extension of any City Commission approved contract for longer than 90 days shall be subject to prior approval by the City Commission. In the event of an Emergency, the City Manager may extend a City Commission approved contract without City Commission approval, subject to later ratification by the City Commission. (3) Renewals. When a contract is entered into by the City pursuant to City Commission approval and provides for one or more renewals by affirmative action of the City, only the City Commission may approve such renewals. (4) Suspensions. The City Manager may suspend a City Commission approved contract for up to 90 days. Suspension of a City Commission approved contract for longer than 90 days shall be subject to City Commission approval. (B) City Manager approved contracts. (1) Termination. Contracts that were not approved by the City Commission may be terminated by the City Manager. 8 ORD. NO. 29 -13 (2) Extensions. The City Manager is authorized to extend for up to 120 days any contract entered into by the City that was not approved by the City Commission. (3) Renewals. When a contract is entered into by the City pursuant to City Manager approval and provides for one or more renewals by affirmative action of the City, the City Manager is authorized to approve such renewals without City Commission approval. (4) Suspensions. Contracts that were not approved by the City Commission may be suspended by the City Manager. Sec. 36.08 DISPOSAL OF NON -REAL PROPERTY. (A) Trade -in. Where trade -in is available in conjunction with the purchase of replacement non - real property from the same vendor, the City may trade -in and replace its non -real property with that vendor. The trade -in of the City's non -real property shall be subject to approval by the City Commission if the estimated market value of the property being traded -in is greater than $10,000. (B) Market value of $10,000 or less. The City's non -real property with an estimated market value of $10,000 or less may be sold or auctioned through a competitive process as determined by the City Manager. (C) Market value greater than $10,000. The City Manager may sell or auction any of the City's non -real property with an estimated market value of greater than $10,000 through a competitive process that is approved by the City Commission. (D) Junk non -real property. The City Manager may declare that any non -real property that is determined by the City Manager to have reached the end of its useful life and /or may expose the City to potential liability from its continued use or sale and /or whose disposition cost exceeds its value, is junk. Non -real property declared by the City Manager to be junk shall be disposed of without receipt of consideration (or, if necessary, at a cost to the City) and shall be rendered useless and not be donated. Sec. 36.09 REVENUE GENERATING CONTRACTS. Contracts with any Person where the City estimates the City will receive revenue in the amount of $65,000 or greater over the term of the contract (including revenue during renewal periods) shall require approval by the City Commission and shall be subject to a Sealed Competitive Method, unless the City utilizes one of the direct acquisition methods provided in Sec. 36.02(C)(6), (7), (8) or (10). This Section shall not apply to the sale or lease of the City's real or non -real property. Sec. 36.10. AUTHORITY TO DEBAR OR SUSPEND. 9 ORD. NO. 29 -13 (A) Authority. After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the Purchasing Manager, after consultation with the requesting department, City Manager and the City Attorney, shall have authority to debar a person for cause from consideration for award of contracts. The debarment shall not exceed three (3) years. The Purchasing Manager, after consultation with the requesting department, City Manager and the City Attorney shall have authority to suspend a person from consideration for award of contracts if there is probable cause for debarment. The suspension shall not exceed three (3) months. (B) Decision. The Purchasing Manager shall issue a written decision to debar or suspend. The decision shall: (1) State the reasons for the action taken; and (2) Inform the debarred or suspended person involved of its rights to administrative review as provided in this section. (C) Criteria. A debarment or suspension may be issued based upon any of the following criteria: (1) A material misrepresentation, or omission, to the City; (2) Breach of a contract with the City; (3) Felony convictions, convictions for crimes involving moral turpitude and "public entity crime convictions" of a "person" or an "affiliate" of a person, as defined in Section 287.133, Fla. Stat.; (4) Failure to comply with the cone of silence; or (5) A finding of violation of the state ethics law or a county or municipal ethics ordinance. (D) Finality of decision. A decision under this section shall be final and conclusive, unless based on fraudulent information, or (1) The debarred or suspended person commences an action in court; or (2) The debarred or suspended person appeals administratively in accordance with subsection E. (E) Appeal. (1) Right of Appeal. Any Person that has been disbarred or suspended and is aggrieved by the Purchasing Manager's determination may appeal the determination to the City Manager by filing a notice of appeal within ten (10) calendar days of the notice of Purchasing Manager's determination to debar or suspend. (2) Hearing Date. Within thirty (30) calendar days from the receipt of the notice of appeal, the City shall schedule a hearing before the City Manager or designee, at which time the 10 ORD. NO. 29 -13 person shall be given the opportunity to demonstrate why the decision of the Purchasing Manager should be overturned. (3) Hearing Procedure. The procedure for any hearing required by this section shall be as follows: (a) The City shall cause to be served upon the Person a notice of hearing, stating the date, time and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the vendor or contractor on file with the City. (b) The Person shall have the right to be represented by counsel, to call and examine witnesses, to introduce exhibits, to examine opposing witnesses on any relevant matter, even though the matter was not covered under direct examination, and to impeach any witness regardless of which party first called him to testify. (c) In any hearing before the City Manager or designee, irrelevant, immaterial, or unduly repetitious evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in a trial in the State courts. (d) Within thirty (30) calendar days from the hearing, the City Manager or designee shall complete and submit to the City and the Person requesting said hearing a final order consisting of the hearing officer's findings of fact and conclusions of law as to the granting or denial of the appeal. (F) Reinstatement. (1) Grounds. Requests for reinstatement shall be made in writing based upon the following grounds: (a) Discovery of new and material evidence not previously available; (b) Dismissal of the indictment or reversal of the conviction; or 11 ORD. NO. 29 -13 (c) Bona fide change in ownership or management sufficient to justify a finding of present responsibility. (2) Procedures. The request for reinstatement shall be forwarded by the Purchasing Manager to the City Manager or designee for a determination on reinstatement. The determination whether to reinstate shall be based on the written submission of evidence, without further hearing. Upon consideration of the written submission and any response from the Purchasing Manager, the City Manager or designee shall make a determination as to whether or not reinstatement is warranted based on the grounds set forth above. Sec. 36.11. ACQUISITION OF REAL PROPERTY. Whenever the City Commission determines it would be in the best interest of the City to purchase certain real property for municipal purposes, the City shall prepare a notice setting forth the terms and conditions of the proposed real property purchase and the date, time and place of the public hearing on the proposed purchase. The City shall publish the notice once a week for at least two (2) weeks in a newspaper of general circulation prior to consideration by the Commission of a resolution authorizing the purchase of the real property. The City Commission is authorized and empowered to make the real property purchase upon the terms and conditions it deems to be in the best interest of the City provided that the City Commission holds a public hearing prior to approving the resolution authorizing the purchase. The notice provisions of this section shall not apply where the City has authorized the use of its eminent domain powers for the purchase of real property. Sec. 36.12. SALE, EXCHANGE, OR LEASE OF REAL PROPERTY. (A) Sale of Real Property. Whenever the City Commission determines that the City owns and possesses certain real property that is not needed for municipal purposes, the City Commission may sell that property in a manner, and upon terms and conditions, as the City Commission shall determine provided that the City Commission holds a public hearing prior to approving the resolution authorizing the sale. Before any sale can be completed, a notice of sale stating the date, time and place of the public hearing on the proposed sale shall be published once a week for at least two (2) weeks in a newspaper of general circulation prior to the hearing. (B) Exchange of Real Property. Whenever the City Commission determines that the City owns and possesses certain real property that is not needed for municipal purposes, the City Commission may exchange that property for other real property to be acquired for municipal 12 ORD. NO. 29 -13 purposes in a manner and upon terms and conditions as the City Commission shall determine are in the best interest of the City, provided that the City Commission holds a public hearing prior to approving the resolution authorizing the property exchange. Before any exchange of real property shall be completed, a notice stating the date, time and place of the public hearing on the proposed exchange shall be first published once a week for at least two (2) weeks in a newspaper of general circulation prior to the hearing. (C) Lease of Real Property. Prior to the City leasing any real property owned by the City for a term greater than one year (including optional renewal periods), except leasing to another governmental agency or an entity established under F.S. Section 163.01, public notice shall be given, which notice shall state the terms of the proposed lease, and the date, time, and place where the Commission shall hold the public hearing. The notice shall be published once a week for at least two (2) weeks in a newspaper of general circulation prior to the hearing. Sec. 36.13. CONE OF SILENCE Any Person participating in a competitive solicitation issued by the City shall comply with Section 2 -355 of the Palm Beach County Code of Ordinances. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading, except that this Ordinance shall not apply to any solicitations issued by the City prior to its adoption on second reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. 13 ORD. NO. 29 -13 ATTEST: City Clerk First Readi Second Reading 14 MAYOR ORD. NO. 29 -13 Comparison of SE Florida Municipal Purchasing Tihreshoids (Refer to Attachment A for spreadsheet comparison) Purpose II ? To compare t1he proposed Deli ay Beach purchasing tilre'shoids to ca variety of :;5EP Florida ci'tiei. Methodology We begat by chcosi:lg si:: cities iin the ?rol and /Pain. Beach area ranging i n pgpuladon bet'% veeil 30,00"0 to 100,00,01 All have a Cfl11'missiot / City ilria':ager form of governim -en-t. T e cities ci iosen are: Population Dee- i field Beach Jupiter Boca Raton Palm leach Gardens 4VeSton ?cmparo Be^ch 77,000 ;5,000 �O.i?AU -O0,000 ti�i ,000 > We cLmpared four purr, asing thyl -Wh' Old !Evels: o Low Threshold: Pc ;irt at whidh vv 'itten c!uctations are necessary. o CM Approval Range: � ,kangle in w1hich City Mianager approves most purchases. Fo:' Delray 3evch, sorre purchases, i.e., change of Cier s, may #a!I outsiwe this range and a; q nc:Tted in t!12 proposed Code. o Commission Approu:aal - Goods/Services: Point ca II �;_ihieh Purchase of goods /ser-6cas requires, Coss missio:'I approval. o Commission Approval - Construction: Sort:: dlde5 'have a highher or lowei- thi j4ynold fo;' consi.- ivc..tic)n. Results ;n 'terms of Cornrniss?on approval threshold, the Delray Beach ? L th,,esnolds fal! in the rni.'dle of Uhe sever, Compared cities. cart, threshold is X25,000 (D.ee;fielu) to high threshold c7f "Not Applicable for i<udg`ted Iterns" ;Pc►ripano;. At Pompano, if a ton- construc'aaon 12 purchase is budaet,eej and the pulrdhase price equals the 1--mciget, "Che Cit"i Manager car! zriprove. F-our of "C-he seven cities are $5G,000 :Lo 5665,000, Inciucliling Delray Beach. VVest-on's threshold is $100,0030. vr I r's " -rk,s k Low, t;ireshoid is (Deerflield and Pompano). Three of,*Lha seven ci =ties are $50,000 'Co $55,90C), induding DeWaV Beach. J-- 1 W didES, Imp, Raton and V./eston have thresholds o- $100,000. ON A )> Th.- vAdest range is Vvfeston at $o -to too- buLh -typs of Commission Approval threshoYls. The narroweSt irange is Deerfield at $10,000 to $25,000. Vvee dt-ies, j'u niter, Deli-av Bear' and Dalm Beach Gardens range '10,000 to 3-o-ca Raton us2s a goods&sen!-ces/consi.-r,:,.,ct-ion range of $5,000 to > POM02-110 USES Z! goccis&-.servi%-iazIlcolistrULLiO!-; ra,ge of $2.5,000 to Again, uni-mited is for budgeted purchases. I Low 1 cities 11 � �> I Four of sevel dlies use a low t, res.holcl of "25GO. Delrav is !nrludad in this gru, p. - 0 P. to 1. e cities use $5,000 inj The other d, r -a cit D '. J to Conclusion �� 1-hreshold levels roln Dell- v Reach fall within the midd- le range 01 -"le We a I Ll seen c 11 N L-; e s. VVe Teel -these levels bring Delray Beach into the Comr.non benichmairk orange 'too, like chdas in the area. At achment fi. Comparison of Municipal Purchasing Thresholds Variety c: SE Flor_d.a C ides 10/17/2013 Commission Commission Approval Approval Purchasing Low CM Approval Threshold Threshold City _ Population Staff Threshold Range Goods /Svcs Construction Deerfield 77000 4 2,500 10,000 - 25,000 25,000 25,000 Jupiter 56,000 1 2,500 10,000 - 5G000 50,000 50,000 Boce Raton 85,000 8 5,000 5,000 - 50,000/100,000 50,000 100,000 Delray Reach (1) 62,^00 2 2,500 10,007 - 65,OOC 65,000 65,000 Palm Beach Gat dens 50,000 2 2,500 10,000 65,000 55,000 65,000 Weston 66,000 City Clerk 10,000 0-100,000 100,000 100,000 Pompano Beach 103,000 4 15,000 1.j,000 to unlimited t�; MA 25,000 (1) Proposed fcr Delray Beach (2) City Manager can approve all budgeted soon- construction purchases. as long as price doesn't exceed budget. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: October 30, 2013 SUBJECT: AGENDA ITEM 11.C. - REGULAR COMMISSION MEETING OF NOVEMBER 5, 2013 ORDINANCE NO. 30-13 ITEM BEFORE COMMISSION City Commission consideration of the approval of Ordinance No. 30 -13, amending Chapter 99 governing "Noise" to amend allowable times for devices and construction noise. BACKGROUND City Commission approved substantial amendments to Chapter 99, (Ord. 14 -13) at its regular meeting of August 20, 2013. The ordinance is before the Commission for discussion of proposed revisions to the following sections of Chapter 99, "Noise Control" : Section 99.03 "Loud and Unnecessary Noises Prohibited" o Subsections (A)(1)(a)(1) — this section has been updated to clarify the time buildings or structures used for commercial purposes within the area designated in the map, sound that is plainly audible 100 feet away after 12:01 am and 7:00am Monday through Friday and between the hours of I :00am and 7:00am on Saturday and Sunday shall be a violation. o Subsection (4)(a) "Construction" — clarifies that the provisions of this suction shall not prohibit construction, drilling or demolition work between the hours of 7:00am and 6:00pm on weekdays, and between 8:00am to 4:00pm on Saturdays. REVIEW BY OTHERS City Attorney RECOMMENDATION Staff recommends approval of Ordinance No. 30 -13 as proposed. ORDINANCE NO. 30 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 99 "NOISE CONTROL" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 99.03, "LOUD AND UNNECESSARY NOISES PROHIBITED ", TO AMEND ALLOWABLE TIMES FOR DEVICES AND CONSTRUCTION NOISE; AND PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, excessive sound is a serious hazard to public health, welfare, safety and quality of life; and, WHEREAS, people have a right to and should be ensured an environment free from unreasonably excessive sound as would jeopardize their health, welfare or safety or degrade their quality of life; and, WHEREAS, Section 4.4.3(1)(1) of the Land Development Regulations for the City of Delray Beach sets forth the restrictions for work hours and building material deliveries for construction sites in Single Family Residential Districts. WHEREAS, the City Commission desires to have construction in all districts of the City conform with these conditions to ensure that residents are protected from construction noise emanating from adjacent districts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 99.03 "Loud And Unnecessary Noises Prohibited ", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 99.03. - LOUD AND UNNECESSARY NOISES PROHIBITED. It shall be unlawful for any person to make, continue or cause to be made or continued any unreasonably loud, excessive, or unnecessary noise -. which shall apply in all areas of the city, twenty -four hours a dad, seven days a week, except as specified otherwise herein. (A) Certain Acts Declared Unlawful. The following acts, and the causing thereof, among others, are declared to be unreasonably loud, excessive, or unnecessary noises and in violation of this Chapter -. This enumeration does not constitute an exclusive list. (1) Radios, televisions, musical instruments, loudspeakers, etc: Using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, loudspeaker, public address system, sound truck or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. (a) The operation of any such set, instrument, machine or device between the hours of 11:00 pm and 7:00 a.m. in such a manner as to be plainly audible at a distance of 100 feet from the boundaries of the property surrounding the device or the building, structure, or vehicle in which the device is located, except as set forth in Section 99.03(A)(1)(a)(i), shall be prima facie evidence of a violation of this section. (i) For buildings or structures used for commercial purposes in the shaded area designated in the map below, operation of any such set, instrument, machine or device between the hours of 4 4!59 p.ffi. 12:01 a.m. and 7:00 a.m. Sundft Mondav through may Fridav and between the hours of 1:00 a.m. and 7:00 a.m. on Saturday and Sunday in such a manner as to be plainly audible at a distance of 100 feet from the boundaries of the property in which the device is located shall be prima facie evidence of a violation of this section. ORD. NO. 30 -13 ii) The 100 -feet distance shall be measured in a straight line from any point on the property line of the sound source as shown in the accompanying illustration. s Sound Source 100 . � 10J0' Property Line N (b) Where the noise source is located in a building or other structure, the owner, occupant, resident manager or other person in charge of the premises shall, if present, be presumed to have permitted the noise in the absence of evidence to the contrary. ORD. NO. 30 -13 NE 2nd Street v 4 z v c v Atlantic Avenue L v 4 c � v o LL � C � •� 7 O L L C, O z SE 2n Street ii) The 100 -feet distance shall be measured in a straight line from any point on the property line of the sound source as shown in the accompanying illustration. s Sound Source 100 . � 10J0' Property Line N (b) Where the noise source is located in a building or other structure, the owner, occupant, resident manager or other person in charge of the premises shall, if present, be presumed to have permitted the noise in the absence of evidence to the contrary. ORD. NO. 30 -13 (2) Animals and Birds. Owning, possessing or harboring any dog, animal or bird which causes frequent, habitual or long continued noise which is plainly audible at a distance of one hundred (100) feet from the building, structure or yard in which the dog, animal or bird is located. This provision shall not apply to public zoos. (3) Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects in a manner as to cause an unreasonably loud or excessive sound. (4) Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work in such a manner as to create an unreasonably loud or excessive sound or vibration. (a) The provisions of subsection (A) (4) of this Section shall not prohibit construction, drilling or demolition work between the hours of 7:00 a.m. and 46:00 p.m. on weekdays, and between 8:00 a.m. and 4:00 p.m. on Saturday, nor prohibit the use of any temporary pumps or machinery which are required to be operated twenty -four (24) hours a day in conjunction with construction work. Subsection (A)(4) shall also not apply to emergency work for public utilities or where there is an exemption pursuant to Section 99.04 or where a temporary permit has been issued pursuant to Section 99.05. (b) The provisions of subsection (A) (4) shall not apply to the use of domestic power tools subject to subsection (A)(12)of this Section. (5) Vehicle or Motorboat Repairs and Testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat in a manner as to cause an unreasonably loud or excessive sound. (6) Refuse Collection Vehicles. No person shall collect refuse with a refuse collection vehicle between the hours of 7:00 p.m. and 6:00 a.m. (7) Stationag Mechanical Noise Source. Operating or permitting the operation of stationary mechanical sources including but not limited to pumps (except for pumping done pursuant to division (A) (4) (a) of this Section), motors, fans, compressors, powered tools or similar devices, air conditioning or air - handling systems, and cooling towers in a manner as to exceed 60 decibels (dB[A]) when measured at any point on neighboring property line. (8) Vibration. Operating or permitting the operation of any device on a property, including bass emanating from audio speakers, so as to produce vibration that is unreasonable. ORD. NO. 30 -13 (9) Stationary Nonemergency Signaling Devices. Sound or permitting the sounding of any signal from any stationary bell, chime, siren, whistle or similar device intended primarily for nonemergency purposes, from any place, for more than ten (10) seconds in any hourly period. Devices used in conjunction with places of religious worship shall be exempt from the operation of this provision. (10) Emergency Signaling Devices. (a) The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling devices, except for emergency purposes or for testing, as provided in subsection (A) (10) (b) of this Section. (b) (1) Testing of a stationary emergency signaling device shall not occur before 7:00 a.m. or after 7:00 p.m. Any testing shall use only the minimum cycle test time. In no case shall the test time exceed sixty (60) seconds and five (5) minutes for emergency generators. (2) Testing of the complete emergency signaling system, including the functioning of the emergency signaling device and the personnel response to the emergency signaling device shall not occur more than once in each calendar month. This testing shall not occur before 7:00 a.m. or after 7:00 p.m. The time limit for the test time specified in subsection (A) (10) (b) (1) shall not apply to the complete system testing. (c) The sounding or permitting the sounding of any exterior burglar or fire alarm shall comply with the provisions of Chapter 112. (11) Motor Vehicles Operating on a Public Kz,&- of -Vay. Motor vehicles on a Public Right -of -Way are regulated as set forth in F.S. Sections 316.272 and 316.293, as currently exists or as may hereafter be amended. (12) Domestic Pourer Tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, or similar device used in residential areas between the hours of 8 p.m and 7 a.m. (13) Schools, Courts, Hospitals. The creation of any excessive or unreasonably loud noise on any street adjacent to any school, institution of learning, house of worship or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the working of such institutions, or which disturbs or unduly annoys the patients in the hospital, provided conspicuous signs are displayed in such streets indicating that it is a school, hospital or court street. (14) Tampering. The removal or rendering inoperative by any person other than for purposes of maintenance, repair or replacement, of any noise control device or element of design of any product having those devices. ORD. NO. 30 -13 (15) Operation of aircraft; mufflers. Operating an aircraft over the corporate limits of the City that is not equipped with an adequate muffler ordinary for any such aircraft. Said muffler must be used in constant operation so as to prevent any excessive or unnecessary noise. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of 12013. ATTEST: City Clerk First Reading Second Reading MAYOR ORD. NO. 30 -13 Delray Beach Police Officers' & Firefighters' Retirement System Financial Reconciliation Fiscal Year to Date October 1, 2012 To September 30, 2013 Financial Reconciliation Market Value Net Management Other Return On Market Value 10/0112012 Transfers Contributions Distributions Fees Expenses Investment 09/30/2013 Total Fund 126,757,186 - 10,904,173 - 11,425,964 - 678,528 - 260;377 14,822,723 140,119,214. Total Equity 62,680,071 - 5,103,642 - - - 400,567 - 20,864 13;038;670 70;193,669 Total Domestic Equity 44,536,892 - 4,656,836 - - - 262,992 - 13,792 9,985,297 49,588,568 Delaware Value 14,619,050 782,060 - - - 101,038 -4,811 3,877,656 19,172,917 ICC Multi -Cap 7,185,714 - 7,803,990 - - - 26,582 -2,152 647,011 - Sawgrass Large Cap Growth 16,602,247 - 717,940 - - - 89,667 -4,923 3,037,486 18,827,203 Lazard SMid Cap Core 6,129,881 - 384,916 - - - 45,705 -1,905 1,826,496 7,523,850 Orleans Capital Energy Fund - 3,404,083 - - - - 660,516 4,064,599 iShares Russell Midcap (IWR) - 63,868 - - - - - 63,868 - Total Int'l Equity 18,143,179 - 446,806 - - - 137,574 -7,072 3,053,374 20,605,101 WHV Int'l Equity (residual cash) 4,562,588 - 4,997,323 - - - 11,402 -921 447,057 - RBC Intl (Voyageur) 9,179,740 - 4,000,000 - - - 88,098 -6,152 2,341,668 7,427,158 Vanguard Emerging (VERSX) 4,400,851 - 4,649,483 - - - - 248,632 - Vontobel International Equity Fund - 6,000,000 - - - 24,952 - 68,659 6,043,708 Wells Fargo Emerging Markets Equity - 7,200,000 - - - 13,122 - - 52,643 7,134,235 Total Fixed Income 43,489,243 - 337,860 - - - 166,08.0 -8,922 1,250,981 44,233,362 Mutual ofAmerica Core Fixed 24,193,817 292,226 - - - 72,578 -7,294 - 238,164 24,168,007 Mutual of America TIPS 5,527,445 - 325,634 - - -8,203 -1,628 - 124,887 5,067,092 Templeton Global Total Return (TTRZX) 6,160,373 - 304,452 - - - - 331,247 6,187,168 PIMCO Di5C0 II ` 7,607,609 - - - - 79,299 - 1,282,785 8,811,095 Total Real Estate 9,524,91:9 - - - 103,19.3 - 5,326 768,075 10,184;475 American Core Realty 5,404,570 - - - - 63,312 - 660,125 6,001,384 Quadrant Real Estate 4,120,348 - - - - 39,881 -5,326 107,950 4,183,091 Total Timber 5,551,154 - 349,595 - - - - 252,919 5,454,478 Amsouth Bank Timber 2,856,251 - 240,000 - - - - 94,210 2,710,461 Molpus Woodlands Timber 2,694,903 - 109,595 - - - - 158,709 2,744,017 Alternatives Abbey Managed Futures 4,942,015 - - - - - - 4$8,054 4,453,961 Cash Accounts R &D 512,404 5,848,477 10,904,173 - 11,425,964 - 14,688 - 225,266 132 5,599,269 Mutual Fund Cash 57,381 - 57,381 - - - - - - -On 91512013, PiMGG Disco classification was changed from an altemative product to a fixed product, effective retroactive to inception. BOGDAHN Page 5.... GROUP Delray Beach Police Officers' & Firefighters' Retirement System Financial Reconciliation Fiscal Year to Date October 1, 2011 To September 30, 2012 Financial FReconclllatlon Market Value Net Contributions Distributions Management Other Return On Market Value 10/0112011 Transfers Fees Expenses Investment 0913012012 Total Fund 109;237,000 - 10,252,161 -10,957,929 -665,023 - 304,057 18,978,460 126,640,612 Total Equity 54,818;310 - 6,239,636 - - 360;580 - 25,2$4: 14 7 „271 62,684,071 Total Domestic Equity 40,941,414 - 7,472,762 - - 242,476 - 17,671 11,328,386 44,536,892 Delaware Value 13,061,777 - 2,249,186 - - - 88,045 -5,737 3,900,241 14,619,050 1CC Multi -Cap 8,895,394 - 3,349,593 - - - 33,290 -3,283 1,676,485 7,185,714 Sawgrass Large Cap Growth 14,418,773 - 2,049,186 - - - 81,030 -6,378 4,320,069 16,602,247 Lazard SMid Cap Core 4,565,470 175,203 - - - 40,111 -2,273 1,431,591 6,129,881 Total Int'I Equity 13,876,896 1,233,126 - - - 118,104 -7,623 3,158,885 18,143,179 WHV Int'l Equity 3,110,361 795,122 - - - 39,876 -1,592 698,573 4,562,588 RBC Intl (Voyageur) 7,433,594 - - - - 78,228 -6,032 1,830,406 9,179,740 Vanguard Emerging (VERSX) 3,332,942 438,004 - - - - 629,906 4,400,851 Total Fixed Income 33,585;517 - 601,064 - - 85,11.2. 1.1;090' 35;881,634 Mutual of America Core Fixed 22,652,312 16,134 - - - 76,979 -8,917 1,611,266 24,193,817 Mutual of America TIPS 5,452,541 - 424,797 - - -8,133 -2,174 510,007 5,527,445 Templeton Global Total Return (TTRZX) 5,480,664 - 192,401 - - - - 872,110 6,160,373 Total Real Estate 8:522,728 _ _ - - 86,067 - 9661458 9,403;11a American Core Realty 4,896,817 - - - - 41,456 - 427,408 5,282,770 Quadrant Real Estate 3,625,910 - - - - 44,611 - 539,050 4,120,348 Total Timber. 6,027,491 - 1.23,722 - - - - '.347;389 5,556,381 Amsouth Bank Timber 2,986,351 - 90,000 - - - - - 42,978 2,853,374 Molpus Woodlands Timber 3,041,140 -33,722 - - - - - 304,411 2,703,007 AIt ti erna Ves Abbey Managed Futures 5,404,175 - - - - - - 462,160 4,942,015 PIMCO Disco II - 6,300,000 - - - 33,264 - 1,340,872 7,607,609 Cash Accounts R&D 780,219 701,727 10,252,161 - 10,957,929 - - 263,798 24 512,404 Mutual Fund Cash 98,560 - 37,305 - - - -3,875 1 57,381 \X\_S\ZCA� THE PALM BEACH POST REAL NEWS STARTS HERE I • FRIDAY, NOVEMBER 8, 2013 B5 THE PUBLIC IS ADVISED the City of. Delray Beach Mayor is seeking' applicants with senior executive experience in a large public or private corporate environment to serve as his designee to the Police & Fire Fighters Retirement System Board of Trustees. Related legal and /or financial background is desirable. The ideal applicant will have direct experience with the governance of defined benefit pension plans. The person must possess. sufficient knowledge, experience, judgment or background necessary to competently serve and must also be a resident; own property or a business or be an'officer, Director or manager of a business in Delray Beach. ' By participating as a citizen volunteer on the Police & Fire Fighters Retirement System Board of Trustees, you will have an opportunity to become involved in the decision making process within our City government. The Police and Fire Fighters Retirement System Board of Trustees have a fiduciary responsibility to safeguard the assets of the retirement system. The Board is responsible for the hiring of consultants, a money manager, a fund custodian and actuarial firms'charged with the on -going care and investment pf these funds. Meetings are held on the third Wednesday of every other month at 1:00 p.m. at the Fire- Rescue Headquarters locates{ at 501 Wesi Atlontic Avenue, Delray Beach. Applications will be accepted beginning immediatiely until 5:00 p.m. on Tuesday, November; 19, 2013 in the Form of d completed Board Application and resume to. be submitted to Chevelle D. Nubin, MMC, City. Clerk, at 100 N.W. 1 stAvenue, Delray Beach, Florida 33444. Board Member Applications can be obtained from the City's website at www.mydelrcry each.coin by selecting the. "Officials link; by visiting the City Clerks Office or by calling Chevelfe Nubin at 561- 243 -7050. Applications may be emailed to nubiAft)4eIraXbjach.com or djyclerk@ delm v6each.corh The City Commission will review all applications and consider an appointment at Ike December 3, 2013 Regular City Commission Meeting, CITY OF DEIRAY BEACH Chevelle D. Nubin,'MMC City Clerk 413 1 Sun Sentinel SunSentlnei.com Friday, November 8, 2013 THE PUBLIC IS ADVISED the City of Delray Beach Mayor is seeking applicants with senior executive experience in a large public or private corporate environment to serve as, his designee to the Police & Fire Fighters Retirement System Board of Trustees. Related legal and /or financial background is desirable. The ideal applicant will have direct experience with the governance of defined benefit pension plans. The person must possess sufficient knowledge, experience,' judgment or background necessary to competently serve and must also be a resident, own property or a business or be an officer. Director or manager of a business in Delray Beach. By participating as a citizen volunteer on the Police & Fire Fighters Retirement System Board of Trustees, you will have an opportunity to become involved in the decision making process within our City government. The Police and Fire Fighters Retirement System Board of Trustees have a fiduciary 'responsibility to safeguard the assets of the retirement system. The Board is responsible for the hiring of consultants, a money manager, a fund custodian and actuarial firms charged with the on -going care and investment of these funds. Meetings are held on the third Wednesday of every other month at 1:00 p.m. at the Fire- Rescue Headquarters located at 501 West Atlantic Avenue, Delray Beach. Applications will be accepted beginning immediately until 5:00 p.m. on Tuesday, November 19, 2013 in the form of a completed Board Application and resume to be submitted to Chevelle D. Nubin, MMC, City Clerk, at 100 N.W. ist Avenuer Delray Beach, Florida 33444. Board Member Applications can be obtained from the City's website at www.mydelrEiybeach.com by selecting the "Officials" link, by visiting the City Clerk's Office or by calling Chevelle Nubin at 5151- 243 -70 §0. Applications may be emailed to nubin®mydelraybeac,h.com or cityclerk@mydelraybeach.com I The City Commission will review all applications and consider an appointment at the December 3, 2013 Regular CRy Commission Meeting. CITY OF DELRAY BEACH Chevelle D. Nubin, MMC City Clerk